Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 3/13/1969- MI MAR 13 1969 March 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 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. 69-28-90-206 -.Invocation was given by City Manager W. R. Blackwell. 69-28-90-207 Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 69-28-90-208 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (3) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize approval of City Council -Minutes - Regular Meeting held'February 26, 1969; Regular Meeting held February 27, 1969. 69-28-90-209 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (9) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5615 be passed on second and final 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. 69-28-90-210 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (10) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5620 be passed on second and final 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 Capital: Fund The sum $5,000.00 For the following purpose: Testing for future expansion of Sandhills Well Field, Bailey County. 69-28-90-211 Motion -by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (11) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5606 be passed on second and final reading. ORDINANCE NO. 5606 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. 1584: CHANGE BLOCKS 11 AND 12, C. N. HODGES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO A "C-4" ZONING DISTRICT; PRO- VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-90-212 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (12) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5607 be passed on second, and final reading. ORDINANCE NO. 5607 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. 1586: CHANGE LOTS 1 AND 2, BLOCK 11, SOUTHPORT, ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO A "C-3" ZONING DISTRICT; _ PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. MAR 13 69-28-91-213 Motion by Councilman•Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor -Rogers (.13) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea,•none voting Nay, that Ordinance No. 5608 be passed on second and final reading.. ORDINANCE NO. 5608 ' AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBO0 SO AS TO -MAKE THE FOLLOWING CHANGE: ZONE CASE NO.. 1587: CHANGE A TRACT OF LAND AT THE NORTHEAE CORNER OF IDALOU ROAD AND TEAK AVENUE, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO A "C-4" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-91.-214 Motion by•Councilman.Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (14) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5609 be -passed on second and final reading. ORDINANCE NO. 5609 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOC8 SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1589: CHANGE A TRACT OF LAND OUT OF SECTION 12, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO AN "R-2" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-91-215 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (15) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance Na. 5610 be passed on second and final reading. -ORDINANCE NO. 5610 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. 1588: CHANGE LOTS 13 THRU 17, BLOCK 124, OVERTON ADDITION,. -CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO A "C-2A" ZONING DISTF PROVIDING A SAVINGS -CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-91-216 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (16) and Councilmen Hollingsworth, and Rigsby, voting Yea, Councilman Granberry voting Nay, that Ordi nance No. 5611 be passed on second and final reading. Councilman Turner abstained from voting on this motion. ORDINANCE NO. 5611 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCB SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1130-B. CHANGE LOTS 6 THRU 10, HALBERT ADDI- TION, AND THE UNPLATTED TRACT OF LAND BETWEEN THE WEST LINE OF LOT 6 AND AVENUE S, CITY OF LUBBC LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "A-2" ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDI A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-91-217 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (17) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5612 be passed on second and final 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 REFRI 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. 69-28-91-218 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (18) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5613 be passed on second and final reading. ORDINANCE NO. 5613 AN.ORDINANCE AUTHORIZING THE ALTERING AND CIANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON THE FOLLOWING STREETS -IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTS 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' SOUT 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 HIG1 WAYS 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 PRO- VIDING FOR PUBLICATION. 69-28-91-219 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (19) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5618 be passed on second and final 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 DISPLAS OF LICENSE NUMBER; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 13 1959 69-28-92-220 (20) 69-28-92-221 (21) Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting'Yea, none voting Nay, that Ordinance No. 5619 be passed on second and final 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, BUILDING, 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. - Motion by Councilman Hollingsworth, -seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that 0=dinance No. 5616 be passed on second and final 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 DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE SAID CLOSING AND ABANDONMENT AFORESAID. 69-28-92-222 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (22) 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 Quitclaim Deed in favor of Urban Renewal Agency, attached herewith which shall be spread upon the minutes of this 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 March, .19 ATTEST: i LAVENIA LOWE, City tecretay-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney . THE STATE OF TEXAS COUNTY OF LUBBOCK X I KNOW ALL MEN BY THESE PRESENTS: QUITCLAIM DEED THAT the City of Lubbock, a Home Rule Municipal Corporation, of the County of Lubbock, State of Texas, acting by and through its duly authorized officer, for and in consideration of the sum of ONE AND NO/iOO ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by Urban Renewal Agency does hereby'BARGAIN,.SELL, RELEASE and FOREVER QUITCLAIM unto the said Urban Renewal Agency, a corporation in the County of Lubbock, State of Texas, its successors and assigns, all of the City of Lubbock's right, title and -interest in -and to that certain tract or parcel of land described as follows: 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. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said Urban Renewal Agency, its successors and assigns forever, so that neither the grantor nor its successors or assigns, nor any person or persons claiming under the grantor shall -at any time hereafter have claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. I WITNESS MY HAND at Lubbock, Texas, on this 13th day of March, 1969. CITY OF LUBBOCK MAR 1 tc 8-93.-223 (23) r 69-28-93-224 (24 ) F BY: ATTEST: LAVENTA LOWE, City ecret ry-Treasurer Motion by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5617 be passed on second and final reading. ORDINANCE NO. 5617 AN ORDINANCE ABANDONING AND CLOSING FOUR (4.) TRACTS ON 23RD STREET IN THE WHEELOCK'S SECON] 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, BLOCF 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 SOUTF OF LOT 4, BLOCK 34; AS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF SAID ORDI• NANCE; AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICE SAID CLOSING AND ABANDONMENT AFORESAID. Motion by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Rogc and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that tt 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 Quitclaim Deed in favor of Urban Renewal Agency for portion of 23rd Street, 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 Resolutiot as if fully copied herein in detail. Passed by the City Council this 13th day of March, 1969 ATTEST: ///d LAVENfA LOWL, Cit44 y Secret ry-Treasurer APPROVED: /s/ Fred 0. Senter,_Jr. _ FRED 0. SENTER, JR., City Attorney THE STATE OF TEXAS Z COUNTY OF LUBBOCK X KNOW ALL MEN BY THESE PRESENTS: QUITCLAIM DEED THAT the City of Lubbock, a Home Rule Municipal Corporation, of the County of Lubbock, Stal of Texas, acting by and through its duly authorized officer, for and in consideration of the sur of ONE AND NO/100 ($1.00) DOLLAR and other good and valuable consideration to it in hand paid b, Urban Renewal Agency does hereby BARGAIN, SELL, RELEASE and FOREVER QUITCLAIM unto the said Urbi Renewal Agency, a corporation in the County of Lubbock, State of Texas, its successors and assij all of the City of Lubbock's right, title and interest in and to that certain tract or parcel o: land described as follows: TRACT 2 BEGINNING at the Northeast Corner of Lot 16, Block 21, Wheelock's Second Addition to 1 City of Lubbock, Lubbock County, Texas; THENCE West along the North line of said Lot and/or the South line of East 23rd Street a distance of 140 feet to the Northwest corner of said lot; THENCE North a distance of 12.5 feet; THENCE East parallel to and 12.5 feet north of the North line of said Lot 16 and/or the South line of East 23rd Street a distance of 127.5 feet to a point of curvature for a 12.5 feet radius curve; THENCE along said 12.5 feet radius curve to the right an arc distance of 19.635 feet a point of tangency, the same being the POINT OF BEGINNING for this tract. TRACT 3 BEGINNING at the Southeast corner of Lot-4, Block 29, Wheelock's Second Addition to tl City of Lubbock, Lubbock County, Texas; THENCE West along the South.line of said lot and/or the North line of East 23rd Streei a distance of 140 feet to�the Southwest corner of said lot; THENCE South a distance of 12.5 feet; . THENCE East parallel to and 12.5 feet south of the South line of said Lot 4 and/or the North line of East 23rd Street a distance of 127.5 feet to a point of curvature for a 12.5 feet radius curve; 13 1969 THENCE along said 12.5 feet radius curve to the left an arc distance of 19.635 feet to a point of tangency, the same being the POINT OF BEGINNING for this tract. Such two (2) tracts having been described as Tracts 2 and 3 in an Ordinance of the City of Lubbock closing and abandoning such for street purposes. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said Urban Renewal Agency, its successors and -assigns forever, so that neither the grantor nor its successors or assigns, nor any person or persons claiming under the grantor shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. WITNESS MY HAND at Lubbock. Texas. on this 13th day of March, 1969. ATTEST: ,of jfE:S:LX LAVEAA LOWE, City Secre ary-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED O. SENTER, JR., City Attorney CI BY: TY W. D.—ROGEW, ORI, • y s 69-28-94-225 Motion by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (24a) 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 Quitclaim Deed in favor. of Floyd King, attached here- with which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully coed herein in detlil. Passed by the City Council this 13th day of March, 1969. ATTES T ' LAVE IA LOWE, City Secretary -Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney THE STATE OF TEXAS I COUNTY OF LUBBOCK X W. D. ROGERE, -JR.., KNOW ALL MEN BY THESE PRESENTS: UITCLAIM DEED THAT the City of Lubbock, a Home Rule Municipal Corporation, of the County of Lubbock, State of Texas, acting by and through its duly authorized officer, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLAR and other good and valuable consideration to it in hand paid by Floyd King does hereby BARGAIN, SELL, RELEASE and FOREVER QUITCLAIM unto the said Floyd King, of the County of Lubbock, State of Texas, his heirs and assigns, all of the City of Lubbock's right, title and interest in and to that certain tract or parcel of land described as follows: BEGINNING at the Southeast corner of Lot 4, Block 34, Wheelock's Second Addition to the City of Lubbock, Lubbock County, Texas; THENCE West along the South line of said lot and/or along the North line of East 23rd Street a distance of 140 feet to the Southwest corner of said lot; THENCE South a distance of 12.5 feet; THENCE East parallel to and 12.5 feet south of the South line of said Lot 4 and/or the North line of East 23rd Street a distance of 127.5 feet to.a point of curvature for a 12.5 feet radius curve; THENCE along said 12.5 feet radius curve to the left an arc distance of 19.635 feet to a point of tangency, the same being the POINT OF BEGINNING for this tract. TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said Floyd King, his heirs and assigns forever, so that neither the grantor nor its successors or assigns, nor any person or persons claiming under the grantor shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. 11 WITNESS MY HAND at Lubbock, Texas, on this 13th day of March, 1969. MAR 1 A F C I' BY ATTEST: i LAVEMA LOWE, Cit ecr ry-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney 69-28-95-226 Motion by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor (24b) Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE -CITY OF LUBBOCK: THAT the Mayor -of the City -of -Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a•Quitclaim Deed in favor of the Chatman Hospital, Inc. attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of March, 1969 ATTES i LAVENIA LOWE, City Secretary -Treasurer APPROVED: /s/ Fred 0. Senter. Jr. FRED O. SENTER, JR., City Attorney THE STATE OF TEXAS X -KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X QUITCLAIM DEED THAT the City of Lubbock, a Home Rule Municipal Corporation, of the County of Lubbock, Stat of Texas, acting by and through its -duly authorized officer, for and in consideration of the sur of ONE AND N0/100 ($1.00) DOLLAR and other good and valuable consideration to it in hand paid b; Chatman Hospital, Inc., does hereby BARGAIN, SELL, RELEASE and FOREVER QUITCLAIM unto the said Chatman Hospital, Inc., of the County of Lubbock, State of Texas, its heirs and assigns, all of the City of Lubbock's right, title and interest in and to that certain tract or parcel of land described as follows: BEGINNING at the Northwest corner of Lot 1, Block 21, Wheelock's Second Addition to the Cit of Lubbock, Lubbock County, Texas; THENCE East along the North line of said lot and/or along the South line of East 23rd Stree a distance of 140 feet to the Northeast corner of said lot; THENCE North a distance of 12.5 feet; THENCE West parallel to and 12.5-feet north of the North line of said Lot 1, and/or the South line of said East 23rd Street a distance of 127.5 feet to a point of curvature for a 12.5 feet radius curve; THENCE along said 12.5 feet radius curve to the left an arc distance of 19.635 feet to a point of tangency, the same being the POINT OF BEGINNING for this tract. TO HAVE AND Ta HOLD the said premises, together with all and singular the rights, privilege and appurtenances thereto in any manner belonging to the said Chatman Hospital, Inc., its heirs and assigns forever, so that neither the grantor nor its successors or assigns, nor any person c persons claiming under the grantor shall at any time hereafter have claim or demand any right o: title to the aforesaid premises or appurtenances, or any part thereof. WITNESS MY HAND at Lubbock; Texas, on this ATTEST: f LAVENLA LOWE, City Secret y-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney 13th day of March, 1969 CITY BY: • W. D. ROGERS, JR., Ma • 13 1969 69-28-96-227 Motion by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor (25) Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5621 be passed as an emergency measure. ORDINANCE NO. 5621 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: PORTIONS OF 66TH STREET AND A PORTION OF 34TH STREET, AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS, PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE; DECLARING AN EMERGENCY; AND PROVIDING -FOR THE EFFECTIVE DATE OF THIS ORDINANCE. 69-28-96-228 The City Council considered no right -turn on red at signalized -intersections. It was unanimously (26) agreed by the City Council to request the Citizens Traffic Commission to make a study of this and make recommendations to the City Council. The Citizens Traffic Commission was also requested to consider prohibiting parking on the wrong side of the street in all areas of the City and make recommendations to the City Council. 69-28-96-229 (28) 69-28-96-230 (29) 69-28-96-231 (31) Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No: 5622 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5622 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: Storm Sewer Improvement Fund The sum $2,000.00 For the following purpose: Part of engineering cost for Indiana Avenue drainage relief 19th Street to 29th Street. Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5623 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5623 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 $5,000.00 For the following purpose: Part of the engineering cost for paving -improvements to be constructed in Indiana Avenue from 19th Street to 35th Street. 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 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 LICENSE with the United States of America authorizing the Federal Aviation -Administration to install and operate a Backcourse Fan Marker attached here- with which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if 6fully 1 herein in datAN1. Passed by the City Council this 13th day of March, 1969. W. D. ROGERS, JR., r ATTEST: I LAVENIA LOWE, City Secre y-Treasurer 0 I APPROVED: /s/ Fred 0Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney MAR 13 F F DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION P. 0. BOX 1689 FORT WORTH, TEXAS 76101 LICENSE NO. DOT - FA69SW-1578 Location: LUBBOCK MUNICIPAL AIRPORT LUBBOCK, TEXAS LICENSE 1. For and in consideration of the benefit to the Lubbock Municipal Airport and to the general public utilizing same, the undersigned, hereinafter referred to as the licensor, hereby grants to the United States of America the license, right and privilege to install, operate, an( maintain the Lubbock Backcourse Fan Marker; and necessary control facilities, upon the followinj described lands in the County of Lubbock in the State of Texas more particularly described as follows: (See attached plat marked EXHIBIT "A"). 2. Together with the right of ingress and egress over the said lands and adjoining lands c the licensor, necessary or convenient for the installation, operation and maintenance of the Lubbock Backcourse Fan Marker; and necessary control facilities; and a right-of-way for a power line and control line, overhead and underground, or other facilities, over and across the said lands and adjoining lands of the licensor, said right of ingress and egress and said right-of-wi unless hereinbefore described by metes and bounds, to be by the most convenient routes; and the right to utilize any existing power lines, control lines, conduits,'.or other facilities of the licensor which are adaptable to use in connection with the purpose of this license. 3. The right of ingress and egress and the right-of-way herein granted -shall insure to th( benefits of the licensee and its duly authorized agents, representatives, ,contractors and emplo, 4. The licensor further agrees not to erect or to allow to be erected on the property licensed hereby or on adjacent property of the licensor, any structure or obstruction of whatso• ever kind or nature as will interfere with the proper operation of the facilities to be install( by the Government under the terms of this license unless consent thereto shall first be secured from the licensee in writing. 5. This license shall become effective April 1, 1969, and shall remain in force until Jun( 30, 1969, and may, at the option of the Government, be renewed from year to year upon the terms herein specified. The 'Government's option shall be deemed exercised and the license renewed ea( year for one year unless the Government gives 30 days notice that it will not exercise its opti( before this license or any renewal thereof expires; PROVIDED, That no renewal thereof shall extend the period of occupancy of the premises beyond the 30 day June, 1979. 6.- All structures, improvements, or other property placed upon the said premises by the United States shall remain its property and may be removed by it upon the expiration or termina- tion of this -license or within 90 days thereafter. 7. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this license or to any benefit to arise therefrom. Nothing, however, herein contained shall be construed to extend to any incorporated company, if the license be for the general benefit of such corporation or company. 8. The Licensor hereby warrants that it has acquired and possesses an adequate real estat( right in the property described herein, and that it is authorized to grant to the United States of America, the rights and interests set forth herein. 9. Covenant Against Contingent Fees: -The licensor warrants that no person or selling agency has been employed or retained to solicit or secure this license upon an agreement or und( standing for a commission, brokerage, percentage, or contingent fee, excepting bona fide employ( or bona fide established commercial or selling agencies maintained by the licensor for the purpc of securing business. For breach or violation of this warranty the Government shall have the right to annul this license without liability or in its discretion to deduct from the contract price or consideration, the full._ amount of such commission, brokerage, percentage, or contingent fee. DATED THIS 13th DAY OF MARCH, 1969. W. D. ROGERS, JR. Title ACCEPTED: UNITED STATES OF AMERICA By: /s/ J. T. Sammons _ J. T. SAMMONS, Contracting Officer Chief, Real Estate and Utilities Section SW-412 • (If Licensor is a corporation, the following certificate shall be executed by the secretar; or assistant secretary.) I, Lavenia Lowe; CERTIFY that I am the Secretary-Treasurer,of the Corporation named as licensor in this license that W. D. Rogers, Jr%, who signed said license on behalf of the Licensor, was then MAYOR of said corporation, that said license was duly signed for and in behalf of said 13 1969 corporation by authority of its governing body, and is within the scope of its corporate powers. (CORPORATE SEAL) 69-28-98-232 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (32) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of .the City of Lubbock be and is hereby authorized and directed to execute -for and on behalf of 'the City of Lubbock a Street Use License in favor of Lawrence V. Van Horn and T. G. & Y. Stores Company, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of•this Council shall constitute and be a part of this Resolution as if -fully copied herein in detail. Passed by the City Council this 13th day of March, 1969. W. D. ROGERS, JR., Mayor ATTEST: LAVENIA LOWE, City Secretary -Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney STREET USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK X This indenture made this 13th day of March, 1969, between, the City of Lubbock, Texas, a Home Rule Municipality, hereinafter called "City" and Lawrence V. VanHorn and T.G. & Y. Stores Company, a Delaware Corporation, authorized to do business in the State of Texas, hereinafter called "Grantee". WITNESSETH: Subject to t-he terms,. conditions and provisions herein, the City .of Lubbock, Texas, does hereby grant unto Grantee, its successors and assigns, the right,.prrivileges and license to construct, occupy, and maintain, below -surface level, a private water line under and across the parkway area or sidewalk area of the west right of way of Ash Avenue adjacent to Lot 13-A, Soash- White Industrial Addition to the City of Lubbock, Lubbock County, Texas. of 1. A drawing/such construction is attached hereto and made a part hereof and the use granted hereby is limited to that shown on such drawing. The line permitted hereby is to be an 8-inch cast iron water line buried approximately 3 feet 6 inches in depth below the surface. 2. The term of this grant shall be for twenty (20) years from the date of adoption hereof and thereafter for a period running from month -to month at the will of the City. 3. Grantee shall pay to the City as a compensation for such grant the sum of FIVE AND NO/100 ($5.00) 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 1st of each year this license is in effect. Notice of such fee being due shall be sent to Grantee by the City and upon failure of Grantee to pay such fee within 30 days from receipt of such notice, the City shall consider such non-payment as a default in this license and the City Council shall determine whether such license shall be considered forfeited and may elect to demand vacation by Grantee. 5.- Prior to any construction as authorized by this license, the Grantee shall submit to the City Engineer plans and specifications for the construction to be done, and the Grantees shall not commence construction until such plans and specifications are approved by the City Engineer and a permit secured from the City Engineer along with a bond as described in paragraph 8 herein if required. 6. The Grantees agree 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 keep the street, alley and/or sidewalk over such underground construction in such condition and repair that it will be safe for use by the public and in a manner satisfactory to and approved by the City Engineer, and shall at all times comply with the ordinances of said City regulating the use of space underneath streets, alleys, and sidewalks of said City. il I F1, 7. In the event the City determines that the existance of such use interferes with or causes the re-routing or re -aligning of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the 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. MAR 3 r G� 8. This license is made subject to the condition that should the Grantees, their successor or assigns, exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated, under and across any and all of the above set out property, then and in.that event said Grantees, their successors or assigns, will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants, and emplo3 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 the construction or maintenance herein contemplated, and will further replace or repair any dame and pay in full all losses or expenses that the City of Lubbock, may sustain, incur, or become liable for resulting in any manner from the construction, maintenance and use permitted herein. City, at its option, may require an agreement with any contractors hired by Grantees to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the City from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The City may further require such contractor to furnist without expense to City, a reliable surety bond, in an amount and in the form satisfactory to sa City, guaranteeing the faithful performance of all the terms, covenants and conditions container in said agreement and a certified copy of a policy of public liability and property damage insur ance within limits specified by, and in a form satisfactory to said City, covering the contractL liability assumed by contractor in said agreement with City. 9. At such time as this license should be canceled or revoked for any reason, after the expiration of the primary term, the improvements that are permitted under this license shall be removed by the Grantees and the property restored to its original condition at no cost or expens to the City of Lubbock. 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 improve- ments and the expense incurred shall be assessed against Grantee for which Grantee shall be liat 1.0. 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 ar contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the Grantees, their successors or assigns, shall be binding upon the City of Lubbock without the consent of the Cit3 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 fortt herein and Grantee waives any and all claims in and to the public way he is permitted to use her by and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this License. CIT BY: ATTEST: � LAVENLA LOWE, City Secretary -Treasurer AGREED TO AND ACCEPTED this day of , 1969. LICENSEE: T.G, & Y. STORES COMPANY BY: Lawrence V. VanHorn 69-28-99-233 Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor (33) Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acquisition of Parcel 25, Lot 1, Lortondale Addition, Installment No. 1, being 2501 46th Street from W. H. Wiley for a consideration of $14,250 for University Avenue right-of-way. 69-28-99-234 (33a) Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Roge and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5624 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5624 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 $14,250.00 For the following purpose: Acquisition of Parcel 25, University Avenue, from W. H. Wiley. Address of property is 2501 46th Street. Legal description is Lot 1 Lortondale Addition, Installment No. 1, an Addition to the City of Lubbock, Lubbock County, Texas. GWO 10655 69-28-99-235 (35) Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5625 be passed on first reading. ]f� i 13 1969 AN APPROPRIATION ORDINANCE ORDINANCE NO. 5625 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; fIl 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 Lighting Bond Fund The sum •$59,000.00 For the following purpose: To*install street lighting on the following thoroughfares: Brownf.ield Highway - Slide to Loop 289 4th Street - Avenue K to University (S. Side) Clovis Road - University to Loop 289 (N. Side)- i9-28-100-236 (Shelter Plan set in on Page 100A.) (7) Mr. Bill Payne, City of Lubbock Civil Defense Director, appeared before the City Council and presented the Lubbock County and Southwest Hale County Community Shelter Plan. After considera- tion of Mr. Payne's presentation, 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 adopt the plan as presented and set out on the attached page. i9-28-100-237 There was discussion by the City Council of the Movie "Candy" and the -stage play "I Can't Hear (7a) You When The Water -Is Running"; also certain other movies that the Councilmen had viewed. The City Council requested the City Attorney to prepare an ordinance for March 27, 1969, in an effort to regulate the showing of moving pictures. Also, the City Attorney is to give consideration in the ordinance to raising the age limit from 16 to 211 of 'those who may attend certain shows. i9-28-100-238 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers .(7b) and 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 expressed its concern over the attempt to abolish the doctrine of governmental immunity to members of the Texas Legislature in 1968, and WHEREAS, the forces seeking to abolish the doctrine of governmental immunity are again attempting to either abolish or weaken such doctrine by passage of legislation in the 61st Texas Legislature; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock is opposed to the abolition of the doctrine of governmental immunity. SECTION 2, THAT in the event the attempt to abolish the doctrine of governmental immunity cannot be completely defeated, the City Council of the City of Lubbock supports and urges the support of amendments to such legislation known as the Torts Claim Act, which will redefine officers, agents and employees named in such bill and further d to exempting emergency conditions and change the limits of liab $50,000.00 per accident. ATTEST: LAVENIA LOWE, City Secre ary-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter,.Jr., City -Attorney �I s W. D. ROGERS, JR:, s/ James H. Granberry James H. Granberry /s/ Lonnie F. Hollingsworth Lonnie F. Hollingsworth s/ Deaton Riesb Deaton Rigsby /s/ Morris W. Turner Morris W. Turner I Councilmen 69-28-100-239 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (41) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. R E S O L U T I O N ACCEPTING GRANT OFFER AND APPROVING AND ENTERING INTO GRANT AGREEMENT AND DECLARING AN EMERGENCY MAR 1 SECTION 1. That.the Mayor and Council of the City'of Lubbock, Texas, shall and it does hereby accept-a•Grant Offer of Federal -funds as made by the Area Manager, Albuquerque Area, Federal Aviation Administration,.transmitted by letter dated March 7, 1969, for the purposes therein set out; that said Mayor and Council do hereby accept all the terms, conditions, and obligations therein and thereby imposed and by their acceptance of same do hereby ratify the Project Application, and do hereby acknowledge such instruments as constituting a solemn and bii ing agreement with the United States Government, for the purpose of obtaining Federal aid in the Development'of the -West Texas Air Terminal, and that such agreement shall be set forth herein - below. SECTION 2.. That the Mayor of the City of Lubbock, Texas, is hereby authorized and directe( to evidence said City's agreement by affixing his signature to such agreement, which is hereby executed in quintuple, and the City Clerk hereby is authorized and directed to impress the offi- cial seal of the City of Lubbock, Texas, thereon and to attest said execution. SECTION 3. That the Grant Agreement referred to hereinabove shall be as follows: GRANT AGREEMENT Part 1-Offer Date of Offer West Texas Air Terminal Project' No. 9-41-071-C913 Contract No. FA 69 SW 9004 TO: The City of Lubbock (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Agency, herein referre to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project•Application dated December 13, 1968, foi a grant of Federal funds for a project for development of the West Texas Air Terminal (herein called the "Airport"), together with plans and specifications for such project, which Project Application, as approved by -the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project -for development -of the Airport (herein called the "Prof( consisting of the following -described airport development: Acquire land (fee simple title to Tract F as shown on Map Exhibit "A" or other property interests satisfactory to the Administrator); extend and light (M.I.) Runway 8-26, 150'xl5( to a total length of 8000'; extend, mark and light parallel taxiway F 75' x 1900'; recon- struct and strengthen existing 6500' x 150' Runway 8-26; mark Runway 8-26. all as more particularly described in the.property map and plans and specifications incorporate( in -the said Project Application;. NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Federal Airport Act, as amended (49 U.S.C. •1101), and in consideration of (a) the Sponsor's adoption an( ratification of the representations and assurances contained in said Project Application, and it acceptance of this Offer as -hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance c the Airport as'herein provided, THE FEDERAL AVIATION AGENCY, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay; as the United States share of the allowable costs incurred in accomplishing the Project, 50 per centum of all allowable project costs. This Offer is made on and subject to the following terms and conditions: 1.' The maximum obligation of the United States payable under this Offer shall be $615,785 2. The Sponsor shall: (a) begin accomplishment of the Project within 150 days after acceptance of this Offel or such longer time as may be prescribed -by the FAA, with failure to do so consti- tuting just cause for termination of the obligations of the United States hereundt by the FAA; (b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Federal Airport Act, and Sections 151.45-151.55 of the Regulatic of the Federal Aviation Agency (14 CPR 151) in effect as of the date of acceptanc( of this Offer; which Regulations are hereinafter referred to as the "Regulations" (c) carry out and complete the Project in accordance with the plans and specification, and property map, incorporated herein, as they may be revised or modified with thl approval of the FAA. 3. The allowable costs of the project shall not include any costs determined by the FAA tc be ineligible for consideration as to aliowability under Section 151.41 (b) of the Regulations. 4. Payment of the United States share of the allowable project costs will be made pursuan- to and in accordance with the provisions of Sections 151.57-151-63 of the Regulations. Final determination as to the allowability of the costs of the project will be made at 13 1969 the time of the final grant payment pursuant to Section 151.63 of the Regulations: Provided, that, in the event.a semi-final grant payment -is made pursuant to Section 151.63 of the Regulations, final determination as to the allowability of those costs to which such semi-final payment relates will be made at the time of such semi-final pay- ment. 5-. The Sponsor shall operate and maintain the Airport as Provided in the Project Application incorporated herein and specifically covenants and agrees, in accordance with its Assurance 4 in Part III of said Project Application, that in its operation and the operation of all facilities thereof, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class of -persons by reason of race, color, creed or national origin in the use of any of the facilities pro- vided for the public on the airport. 6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. This Offer shall expire and the United States shall not be obligated to pay any part of costs of the Project unless this Offer has been accepted by the Sponsor on or before June 5, 1969, or such subsequent date as may be prescribed in writing by the FAA. 8. In addition the sponsor shall: (a) Incorporate or cause to be incorporated in each contract for construction work under the project, or any modification thereof, the equal opportunity clause as set forth in Section 202 of Executive Order No. 11246 of September 24, 1965, or such modification thereof as may be approved by the Secretary of Labor. (b) Incorporate or cause to be incorporated in each bid or proposal form submitted by prospective contractors for construction work under the project the provisions prescribed by Section 60-1.7 of the Regulations issued by the Secretary of Labor (33 F.R. 7804, 41 CFR Part 60-1). (c) Be bound by said equal opportunity clause in any construction work under the project which it performs itself other than through its own permanent work force directly employed or through the permanent work force directly employed by another agency or government. (d) Cooperate actively with the FAA and the Secretary of Labor in obtaining the compli- ance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor. (e) Furnish the FAA and the Secretary of Labor such information as they may require for the supervision of such compliance and will otherwise assist the FAA in the discharge of its primary responsibility for securing compliance. (f) Refrain from entering into any contract or contract modification subject to Executive Order No. 11246 with a contractor debarred from, or who has not demonstrat- ed eligibility for, government.contracts and Federally assisted construction con- tracts pursuant to Part II, Subpart D of Executive Order No. 11246. (g) Carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and sub -contractors by the FAA and the Secretary of Labor pursuant to Part II, Subpart D of Executive Order No. 11246; and in the event that the sponsor fails or refuses to comply with its undertakings, the FAA may cancel, terminate or suspend in whole or in part any contractual arrangement it may have with the sponsor, may refrain from extending any further assistance under any of its programs subject to Executive Order No. 11246 until satisfactory assurance of future compliance has been.received from such applicant, or may refer the case to the Department of Justice for appropriate legal proceedings. (h) It is understood and agreed that the terms "Administrator of the Federal Aviation Agency," "Administrator," or "Federal Aviation Agency" wherever they appear in this Agreement, in the Project Application, Plans and Specifications, or other documents constituting a part of this Agreement shall be deemed to mean the Federal Aviation Administrator or the Federal Aviation Administration, as the case may be. 9. (a) The Sponsor's financial records of the project established, maintained and made available to personnel of the FAA in conformity to Section 151.55 of the Regulations of the Federal Aviation Agency (14 CFR 151) will also be avai,lable.to representa- tives of the Comptroller General of the United States. (b) It is understood and agreed that the phrase "Section 77.23 as applied to Section 77.27, Part 77 of the Federal Aviation Regulations" is hereby substituted for and in lieu of the phrase "Section A of FAA Technical Standard Order No. N18, or Advisory Circular (AC) No. 150/5300-1, whichever is applicable according to the currently approved airport layout plan" where it appears in Paragraph 7, Part III of the Project Application incorporated into the Grant Agreement. (c) It is understood and agreed that the attached:Sponsor's assurances of nondiscrimin tion in Federally assisted programs of the.Federal Aviation Agency, providing the assurances required by Title VI of the Civil Rights Act of 1964 and by Part 15 of the Federal Aviation Regulations as amended, executed for and on behalf of the Sponsor by Waverly L. Johnson, Director of Aviation, City of Lubbock, Texas, under date of December-13, 1968, and hereby incorporated into this Grant Agreement. n 1 I I (d) It is mutually understood and agreed.that the United States will not make final payment of the allowable costs of this project until the Sponsor has submitted satisfactory evidence that the airport imaginary surfaces as defined in Section MAR 13 C F1 77.25 and 77.27, Subpart C, Part 77 of the Federal Aviation Regulations publishec in the Federal Register February 10, 1965 (30 F.R. 1837), have been protected by the adoption of a zoning ordinance and regulations repealing, superseding, and replacing a prior zoning -ordinance enacted by the sponsor which is now obsolete, or by securing avigation easements or otherwise prohibiting the creation, extabli went, erection, or construction in such areas of obstructions to air navigation t the extent provided for in such Regulations or approved by the Administrator as sufficient in the case of this particular airport. It is further understood and agreed that if the imaginary surfaces shall have been protected by the acquisitic of .avigation easements or other interests in land, the assumption of this obliga- tion shall not operate to bar inclusion of such acquisition in a subsequent proje (e) It is mutually understood and agreed that the Plans and Specifications received 1 the Federal Aviation Agency on March 7,_1969, are hereby incorporated into the Project Application and -made a part of this Grant Agreement. (f). It is further understood and agreed by the parties heretothat the property map Exhibit "A" made a part of this Grant Agreement is the same Property Map, attache as Exhibit"A", to the Project Application dated December 13, 1968, for Project Nc 9-41-017-C913. (g) It is mutually understood and agreed by the parties hereto, that the United State shall not make nor be obligated to make final payment under this Agreement until Sponsor has closed or relocated the county road on the east side of the airport t provide .15' of clearance on a standard 40:1 approach slope beginning 200' from tt extended east end of runway 8-26. (h) It is mutually understood and agreed by the parties hereto, that the United State shall not make nor be obligated to make final payment under this Agreement until Sponsor has buried or relocated the pole line located on the east side of the airport, or relocated it to a location acceptable to the Administrator, without expense -or obligation to the United States, to the extent that said pole line lie within the clear zone to runway 8-26. 10. Pursuant to Paragraph 9, Part III of the Project Application dated December 13, 1968, the sponsor hereby covenants and agrees to furnish the Federal Government without cost, within i months written request therefor, such estates or interests in such lands or rights in buildings as are deemed necessary by FAA for the construction and operation..on the airport of the structui or facilities set forth below, provided the respective areas of land and/or buildings deemed adequate by FAA for such purposes are available without the necessity for removing or relocating other facilities and are within the geographic.boundaries of the airport at the time request therefor is made by the FAA; together with rights of ready access in and to such areas or build- ings for construction, occupancy and use and the right to connect to existing utilities and to t furnished the utility services required to the extent of available capacity at no more than pre- vailing rates. The facilities or structures involved and the maximum area of land, or rights it buildings, the sponsor is obligated to furnish for each are as follows: Air traffic control tower -approximately two acres. It is further understood and agreed that nothing contained herei shall in any way affect the rights of the United States or obligations of the sponsor under pric Grant Agreements to furnish rent-free space for the activities specified in such prior Agreement nor shall -anything contained herein be construed as obligating the Federal Government to constrt occupy or operate a control tower or flight service station at the airport. 11. Notwithstanding the provisions of Paragraph 3, Part III, of the Project Application, t Sponsor covenants and agrees that it will not grant or permit any exclusive right forbidden by Section 308(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1349) at the airport, or at any other airport now or hereafter owned or controlled by it. In furtherance of the policy of the FAA under this covenant, the Sponsor agrees that unless authorized by the Administrator, it will not either directly or indirectly, grant or permit any person, firm, or corporation the exclusiA right at the -airport or at any other..airport now or hereafter owned or controlled by it, to con- duct any aeronautical activities, including, but not limited to, charter flights, pilot traininj aircraft rental, sight-seeing, aerial photography, crop dusting, aerial advertising and surveyir air carrier operations, aircraft sales and service, sale of aviation petroleum products whether not conducted in conjunction with other aeronautical activity, repair and maintenance of aircrai sale of aircraft parts, and any other activities which because of their relationship to the operation of aircraft can be regarded as an.aeronautical activity. The Sponsor further agrees that it will terminate any such exclusive right (including any exclusive right to engage in the sale of gasoline, or oil, or both) now existing at the airport, or at any other airport now or hereafter owned or controlled by it, at the earliest renewal, cancellation, or expiration date applicable to the agreement that established the exclusive right, and certifies that there is nc exclusive right not subject to termination under this provision. 12. It is understood and agreed by the Sponsor that with respect to the lands acquired or be acquired under this project in fee simple title for clear zone purposes, it will clear or hal cleared such lands of existing structures designated by the Administrator for removal and will not permit any permanent structures thereon, other than such structures as are necessary for aic to air navigation and those specifically excepted by the Administrator. 13. Notwithstanding the provisions of Special Condition 8 thereof, it is understood and agreed that the Sponsor will be bound by and take all action required by Appendix 1 attached hereto and made'a part hereof for all purposes. It is further understood and agreed that the word "Sponsor" be substituted for the word "applicant" wherever it appears in Appendix 1. APPENDIX I The applicant hereby -agrees that it will incorporate or cause to be incorporated into any con- tract for construction work, or modification thereof, as defined in the regulations of the Secr( tary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program �4 131969 involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirma- tive action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment. advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the pro- visions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or E on behalf of the contractor, state that all qualified applicants will receive considera- tion for employment without regard to race, creed, color, or national origin. (3 ) The contractor will send to each labor union or representative of workers with which he has a collective..bargaining agreement -or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 11 (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance -with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole.or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of Septem- ber 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of -paragraph (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will.be binding upon each subcontractor -or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or'is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter.into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in Work on or under the contract. The applicant agrees that.it will assist and cooperate actively with the administering agency and the Secretary of Labor in-obtaining'the compliance of -.contractors and sub- contractors with the equal opportunity -clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will -refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. 1 I I The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Offer and Acceptance shall comprise a MAR 13. F .Grant Agreement,. as provided by the Federal Airport Act, constituting the obligations and rights of the. United States and the Sponsor with respect to the accomplishment of the Project and the operation -and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useft life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA FEDERAL AVIATION AGENCY By Area Manager, Albuquerque Area (TITLE) Part II - Acceptance The City of Lubbock does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referr( to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. SECTION 4. For the preservation of the public peace, health, and safety, an emergency is hereby declared to exist by reason whereof this Re$olution shall be in full force from and after its passage and approval. PASSED AND APPROVED by a majority vote of the Council of the Ci Lubbock, Tex , and approved by me this 13th day of March, 1969. r W. D. ROGE0,71M, ATTEST LA IA LOWE, Ciff Cler 69-28-105-240 Bids as follows were received for purchase of 25 mercury vapor luminaires for the Park and (44) Recreation Department, being Bid No. 682. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid of General Electric Supply Company for purchase of mercury vapor luminaires. 69-28-105-241 Bids as follows were received for purchase of 1,004 feet of,16" Class 150 water pipe, being Bid (45) No. 683. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Turner, 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 bid of Johns Manville Corporation for purchase of -Class 150 water pipe. 69-28-105-242 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (36) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authoriz( the appointment of Mr. John Wilkerson to replace Mr. Horace Humphries as a member of the Civil Service Commission for a three year term; term to expire January 29, 1972. This is a three member board; other members -being: E. G. Pharr and Robert C. Hurmence. 69-28-105-243 Motion by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Rogers (37) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the appointment of Mr. J. Q. Warnick, Jr., to replace Raymond Barker, Mr. Eugene Alderson to replace J. Dixon White, Mr. Harold Chapman to replace J. E. Hancock and Mr. Otha Key to fill the unexpired term of Pete Reeves as members of the Electric Utilities Board. Mr. Warnic Mr. Alderson, and Mr. Chapman's terms for six years; terms to expire February 1, 1975. Mr. Key': term to expire February 1, 1973. This is a seven member board; other members being: E. K. Hufstedler, William M. Wright, and Charles Cobb. 69-28-105-244 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (38) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the appointment of Dr. George W. Jury to replace Max Rutledge and Dr. Ray Mann to replace Joe Stanley as members of the City -County Health Board for three year terms; terms to expire Februar; 21, 1972. This is a nine member board; other members being: Arnold•Maeker, Carey Gooch, Dr. George Farrell, Dr. Lowell Johnson, Bruce Kattman, Ralph Motsenbocker and Dr. P. L. Vardy. 69-28-105-245 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (39) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the appointment of Mr. George Morris to replace Robert B. Gaffga, Alt. W. C. O'Mara to replace Richard B. Dickey p hrgse w Y r terms tosex i eFgb n�rey 2 181Z, ads ltt@r Taylor as an alte nate, his term /eis -T9iM u 1A HER bUr , o i es B. Perry, Oby Stuart (alternate), . Marvin B. Hilburn and Owen Hamilton. 69-28-105-246 Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Roge: (39a) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to auth- orize the appointment of Mr. Louis Howsley-to replace -James E. Walker as a member of the Park anc Recreation Board for a five year term; term to expire March 31, 1974. This is a five member board; other members being Henry L. Huneke, Kent Wagonseller, Dirk West, and Mrs. Bill D. Blake. l� R 13 1969 69-28-106-247 Motion by Councilman Turner, seconded.by Councilman Rigsby, motion carried, Mayor Rogers and (30) Councilmen Granberry, Hollingsworth,.Rigsby,.and Turner voting Yea, none -voting Nay, to authorize relocation of 16th Street in the vicinity of Avenue X in accordance with the attached drawing. (Drawing set in on Page 106A) 69-28-106-248 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (27) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION G.W.O. A Resolution adopting plans and specifications and directing advertisement for bids. WHEREAS, the City Council on February 27, 1969, passed a resolution providing for the outer- most curb and gutter'improvements of a.portion of North University Avenue from North Loop 289 North to the City Limits itr the City of.Lubbock, Texas, and along the boundaries of said City, and -directing preparation of plans and specifications covering the portion of North University Avenue as named in said resolution, and WHEREAS, the City Engineer has prepared and filed with the City plans and specifications for such improvements, and same have been examined; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT, the plans and specifications submitted by the City Engineer covering improvements contemplated by said resolution, BE, and the same are hereby approved and the Mayor and City Secretary are hereby authorized and directed to advertise for bids in accordance with the "Notice to Bidders" made.a part of said specifications covering the quantities of materials needed for said paving program as therein set out. AND IT IS SO ORDERED. PASSED AND APPROVED THIS the 13th day of March, 1969. ATTEST: 1A , City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: /s/ Fred 0. Senter, Jr. _ Fred 0. Senter, Jr., City Attorney 69-28-106-249 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (42) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize approval of the 1968-69 Capital Improvement Program and amount of bond -sale in accordance with the "Capital Improvements Program" as set out in the permanent file under this subject. 69-28-106-250 The City Council on March 14, 1968, passed Ordinance No. 5412 requiring that trees be planted in (46) the vicinity of 66th Street and Avenue W. The Parks and -Recreation Commission recommended to the City Council acceptance of 8.8 acres of lake area located at the southwest corner of 66th Stree and Avenue W. The Parks and Recreation Commissiatrecommended acceptance of thilht act of an la n h e i o an in o trees at e i ted value of $1,3801 ter e � '� 8 t� � %% be tenting er sZstem or k mlan cons. er tion of a in ormat on pre ente , mo Lon as male by councilman Rigsby, 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 recommendation of the Parks and Recreation Commission for dedication of 8.8 acres of land by Mr. David Casey in lieu of trees being planted in the area described below: The 8.8 acres of land to be dedicated is as follows: BEGINNING at a point which is N 890 57'.30" E, 75.0 feet, and S 00°.03' 33 " E, 45.0 feet of the Northwest Corner of Section 4, Block E, Lubbock County, Texas; Thence N 890 57, 301, E, in the South line of 66th Street, a distance of 170.0 feet; Thence N 82' 46' 39" E, in the South line of 66th Street, a distance of 120.00 feet; Thence N 890 57' 30" E, in the South line of 66th Street, a distance of 607.00 feet to the Northwest and Beginning corner of this Tract; THENCE N 890 57' 30" E, in the South line of 66th Street, a distance of 473.00 feet to the PC of a curve to the Right; THENCE Southeasterly, with a curve to the Right, said curve having a Radius of 15 feet, a distance of 23.56 feet; Thence S 000 02' 57" E, in the West line of Avenue W a distance of 86.17 feet to the PC of a curve to the Right; THENCE Southwesterly, in the West line of Ave. W, and with a curve to the Right, said curve having a Radius of 315.94 feet, a distance of 173.70 feet; THENCE S 310 27' 03" W, in the West line of Ave. W, a distance of 640.00 feet to the PC of a curve to the left; THENCE Southerlv. in the West line of Ave. W. and with a curve to the left. said curve 0 Fl� i .1 '1 Ll X •anb o C M _Q oQ O , N i f J Y L � � r I � a i w I — 11i c li v c a c a os-) 10 MAR 13 1; having a Radius of 303.22 feet, a distance of 166.70 feet; THENCE S 000 02' 57" E, in the West line of Ave. W, a distance of 164.80 feet; THENCE S 890 57'.03" W, in the North line of 70th Street, a distance of 138.00 feet; THENCE N 000 02' 57" W, a distance of 420.00 feet; THENCE N 070 30' 08" E, a distance of 575.21 feet; THENCE N 000 02' 30" W, a distance of 145.00 feet to the Place of Beginning of this Tract. 69-28-107-251 Mr. James G. Marshall appeared before the City Council for discussion of the City of Lubbock (8) Charter. Mr. Marshall stated that Article 10 of the Charter, being Amendment No. 6 in the 1964 Charter Amendment Election, contained more than one subject; therefore, was in violation of the State Law and that an ordinance should be passed to erase all but one subject. Mr. Marshall stated that the 1961 and 1964 amendments stripped the Mayor and Councilmen of their power and authority and gave it to the City Manager. Mr. Marshall discussed State Law 994, also Article 1176 of State Law and gave the Mayor and Councilmen copies of Article 1002 of State Law. Mr. Marshall stated that it is his opinion that persons appointed to any office by the City Council should be electorial residents of the City of Lubbock. He also discussed appointment of the Corporation Court Judge, and stated that he thinks the Mayor should appoint the Judge with the approval of the City Council. He also discussed to who the Chief of Police should be responsible, stating it should be to the Mayor and not the City Manager. He discussed the City Manager appointing and removing officers of the City. He discussed hiring of the City Manager, stating that the City Council should consider employing a local resident if one can be found that meets the requirements. Mr. Marshall stated he thinks that the Mayor and Councilmen should each be paid perhaps $10,000 or $15,000 per year so Councilmen will have offices in City Hall and be on the job continuously. Mayor Rogers asked Mr. Jones, Assistant City Attorney, to let the City,Council know if any of the 1961 and 1964 Charter amendments were in violation with the -State Law covering home rule munici- palities. Also, Article 10 covering more than one subject and anything that has to do with the 1961 and 1964 Charter amendments that might be in violation of State Law. 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 the March 13, 1969 City Council Meeting be adjourned. .NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, MARCH 13, 1969. ATT T: L� LAVENLA LOWE, City Secretary -Treasurer READ AND APPROVED THIS THE 27TH DAY OF MARCH, 19 ATTEST L LAVEAA LOWE, City cretary-Treasurer