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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/24/1969 (4)APR 2 4 1E r f r r 69-28-153-347 (1) 69-28-153-348 (2) 69-28-153-349 . (3) 69-28-153 -350 (13) 69-28-153-351 (14) 69-28-153-352 (36) 69-28-153-353 (36a) April 24, 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 Rigsl and Morris W. Turner, City Attorney Fred 0. Senter, Jr., City Manager W. R. Blackwell, Assistant City,Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. Absent: None Invocation was given by Director of Traffic Wayne Sherrell. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber, Motion 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 approval of City Council Minutes - Regular Meeting held April 10, 1969. 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. 5645 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5645 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certai specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK- There is hereby appropriated out of the following described bond fund, to -wit: Park Bonds The sum $2,850.00 For the following purpose: To purchase two tracts of land out of the Southeast one -quarter of of the Northeast one -quarter of Section 8, Blk. B, Lubbock County Texas, and to pay all back taxes, paving liens and closing cost. 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. 5644 be passed on second and final reading. ORDINANCE NO. 5644 AN ORDINANCE AMENDING ORDINANCE NO. 4725, OF THE CITY OF LUBBOCK, TEXAS, (BEING THE BUILDIN( CODE), BY ADDING A NEW SUBSECTION (d) TO SECTION 1305 THEREOF TO PROVIDE VENTING TO THE OUTSIDE ATMOSPHERE OF ANY COOKING.FACILITY; ADDING A NEW SUBSECTION (e) TO SECTION 1405 THEREOF TO PROVII VENTING TO THE OUTSIDE ATMOSPHERE OF ANY COOKING FACILITY; PROVIDING A SAVINGS CLAUSE AND PROVID- ING FOR PUBLICATION. Bids as follows were received for purchase of miscellaneous electric items for warehouse stock being Bid No. 714. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made 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 bids as follows: Accept.the bid of Southwestern Electric Supply Company for purchase of Items 1 and 8. Accept the bid of Graybar Electric Company for purchase of Items 2, 3, 5, 10, and 13. Accept the bid of Westinghouse Electric Supply Company for purchase of Item 4. Accept the bid of Nelson Electric Supply Company for purchase of Item 7, Accept the bid of General Electric Supply Company for purchase of Item 8. Accept the bid of Nunn Electric Supply Corporation fdr purchase of Item 6. Accept the bid of Fields and Company for purchase of Item 12. Bids as follows were received for purchase of 6,000 feet cable, being Bid No. 738. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made 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 bid of General Electric Supply Company for purchase of cable. 4 24 1969 69-28-154-354 Bids as follows were received for purchase of uniforms for the Police Department, being Bid No. (37) 717. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid of J. B. Battle Uni- form Company for purchase of uniforms for the Police Department. 69-28-154-355 Bids as follows were received for meals for prisoners, to establish price for a period of one (38) year, being Bid No. 732. Bid Tabulation set in Bid Book. After consideration of all bids received, -motion was made 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 bid of Pete's Cafe for meals for prisoners for one year. 69-28-154-356 Bids as follows were received for construction of storm sewer in Indiana Avenue, being Bid No. (39) 730. 69-28-154-357 (40 ) 69-28-154-358 (10) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made 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 bid of Central Culvert Corporation for construction of storm sewer in Indiana Avenue. Bids'as follows were received for 1969 Seal Coat Maintenance Program - G.W.O. 2985, being Bid No. 740. 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 bid of Kerr Con- struction Company for 1969 Seal Coat Maintenance Program. Lubbock Transit Corporation 1809 Avenue C Lubbock, Texas 79401 Mr. W. R. Blackwell City Manager Members of the City Council City of Lubbock Gentlemen: Under the terms of the ordinance granting a franchise to Lubbock Transit Corp. (assignee American Transit' -Corp), the Company may in accordance with Sections 3 and 4 discontinue any route or por- tion thereof and may reduce it's schedules on any route when the average revenue passenger per bus mile is less than five on any of said routes. We hereby certify that the average revenue passenger per bus mile is less than five on routes numbered 3, 4, 5, 6, 9, and 1. (Exhibit A) Accordingly on or about April 28, 1969, the following routes and schedules will be changed. Route numbered 6 will be discontinued. Route numbered 9 will operate every 30 minutes between the hours of 7:00 AM and 9:30 AM and between the hours of 3:00 PM and 6:00 PM Service between the hours of 9*-30 AM and 3:00 PM will be discontinued. Routes number 4 and 5 will be discontinued and a revised route numbered 5 serving portions of the two discontinued routes will become effective. (Exhibit B_Route Map) Service over route numbered 1 will be reduced from every 20 niinutes to every 30 minutes between the hours of 9:00 AM and 3:00 PM daily and after 9:00 PM till the end of the operating day on Saturdays. Service over routes numbered 3, 5, and 9 will be discontinued after 12:30 PM on Saturdays. We have continued to operate routes which have failed to return expenses for several years in a serious effort to maintain a semblance of a system; however, inflationary costs compel us to make these reductions in service. We will be happy to meet with you or furnish additional information as you may require. Yours very truly Isl Ernie Prenevost Ernie Prenevost, Manager Lubbock Transit Corp. 1 a] P. 1 I EXHIBIT A Excerpt from Operating Summary First Quarter,•1969 APR 24 1 r r R~ F1 r J Route No. Revenue Miles Rev. per mile 1 8,272.50 21,150 39.11 2 4,045.27 13,500- 29.96 3 5,822.09 24,600 23.67 4 2,988.60 14,325 20.86 5 2,745.38 13,394 20.50 6 2,104.38 10,800 19.49 7 3,386.50 10,050 33.70 81 4,789.65 14,806 32.35 9 2;232.84 103,221 21.85 10 1,860.60 83,100 22.97 12 778.97 2,394 32.54 18 3,020.06 5,320 56.77 Route totals 42,046.84 148,660 28.28 Number of Revenue passengers 214,069 Average fare per passenger .196 The above data is as recorded on Lubbock Transit Operating Summary dated March 31, 1969. Mr. Ernie Prenevost, Manager of Lubbock Transit Corporation, appeared before the City Council and presented information -as to operation of some of the Lubbock Transit'Corporation bus routes as set out in the above letter. Since the ordinance granting the franchise to Lubbock Transit Corporation does authorize disdontinuance of a bus route when they feel it is necessary to meet the requirement as set out in the -above letter, it was unanimously agreed by the City Council to accept the letter. 69-28-155-359 Mr. Wayne Schultz of Gibson's Products Company appeared before the City Council and requested (11) that there be a break in the median on 50th Street east of Slide Road to allw traffic into Gibson business now being constructed at this location. Mr. Schultz stated to the City Council that Gibson's Products Company owns the property on the south side of 50th Street, east 800 feet. Thi request was again taken under advisement until additional information can be secured on medians. Mr. G. P. Kuykendall who owns property on the north side of 50th Street east of Slide Road also appeared before the City Council and stated that left hand movement for traffic traveling west on 50th Street immediately east of Slide Road might be utilized for his property also. 69-28-155 -360 Mr. George Giikerson, Attorney, appeared before the City Council representing KLBK Radio and (Ila) Television. Mr. Stuart Kline and Mr. Duncan Ellison of KLBK also appeared before the City Counci Mr. Gilkerson requested that the City of Lubbock issue a building permit for construction of a television antenna tower at 7400 University Avenue'to replace the one now in existance. The exis ing tower to be demolished as soon as the new tower is constructed. The Building Inspection Department refused to issue a building permit for the tower because the property at this location is not platted. Motion was then. made by Councilman Turner that the City Manager instruct the Building Inspection Department to issue a building permit for construction of the new tower since KLBK considers this as only a replacement of the existing tower. This motion died for lack of a second. After further consideration, motion was made by Councilman Hollingsworth, seconded by Councilman Granberry,'motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsb and Turner voting Yea, none voting Nay, to authorize construction of the television antenna tower in accordance with the terms as set out in the following letter: Honorable W. D. Rogers Mayor of the City of Lubbock Municipal Building Lubbock, Texas Honorable Councilmen of Municipal Building Lubbock, Texas Gentlemen: the City of Lubbock April 24, 1969 Re: Obtaining Building Permit for Erection of Television Antenna Tower - Lot 1, KLBK Addition, a tract of Ian out of Section 4, Block E, Lubbock County, Texas, known as municipal address 7400 University Avenue In accordance with the request from the City Planning and Zoning Commission and members of the City Council, the owners of KLBK Radio Station and the real property described hereinabove, do hereby commit themselves to dedicate or sell, as the case may be, to the City of Lubbock for right-of-way purposes, the west 41.8 feet of said described tract fronting on University Avenue, for public use and specifically for the construction and maintaining of a first class public street or highway under the following provisions: (a) That said dedication or sale of said property shall be made at the same time and under the same terms, conditions and consideration as the property is dedicated or sold that lies contiguous to and immediately adjacent to University Avenue to the west and across University Avenue, and the north 30 feet of said tract from the said KLBK Addition; and (b) Said frontage shall not, Under the terms of this agreement exceed 660 lineal feet front ing on University Avenue; and (c) The City of Lubbock'shall delay the payment of the pro rats payments that might be required; for water, sewer, and lights (d) That platting of the property shall be completed within 90 days; and R 2 4 1969 (e) That .the City Council enter its order instructing the building inspection department to issue immediately a building permit for the construction of a new 923' television tower and antenna within a 30' radius of the existing tower on said tract of land out of Section 4, Block E, Lubbock County, Texas. Very truly yours, Is/ Stuart W. Klein Stuart W. Klein Manager, KLBK Radio & Television, Owned and operated by Grayson Enterprises, Inc. 69-28-156-361 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (21) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize advertisement of Notice to Bidders for repaving of 34th Street between University Avenue and Avenue U - G. W.O. 2989. NOTICE TO BIDDERS G.W.O. 2985 1969 SPECIAL PAVING PROGRAM Sealed proposals addressed to the City Council of Lubbock, Texas, will be received at the office of the Purchasing Agent until 2:00 p.m. May 13, 1969, for the construction of approximately 17,333 S.Y. of asphalt paving for the City of Lubbock, Texas. The above work will be paid for in cash. The City Council will consider the bids on May 22, 1969, at the City Hall, subject to the rightto reject any or all bids and to waive formalities. Bids may not be withdrawn after they are submitted. Bidders are required to submit a cashier's or certified check or bid bond in the amount of 5% of the total bid and the successful bidder shall provide bond in the full amount of the contract price executed by a surety company authorized to do business in Texas. Plans and specifications are available in the office of the City Engineer, Lubbock, Texas. CITY OF LUBBOCK, TEXAS .BY: Is/ Floyd Nesbitt Floyd Nesbitt Purchasing Agent City of Lubbock, Texas 69-28-156-362 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (22) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize advertisement of Notice to Bidders for Indiana Avenue widening program. NOTICE TO BIDDERS G.W.O. 10670 INDIANA AVENUE WIDENING 19th STREET TO 34TH STREET Sealed proposals addressed to the City Council of Lubbock, Texas, will be received at the office of the Purchasing Agent until 2:00 p.m. May 13, 1969, for the construction of approximately 52,000 S.Y. of asphalt paving, 10,000 L.F. of curb and gutter, 4,000 S.X. of concrete flat work, and related construction for the City of Lubbock, Texas. The above described work will be paid for in cash. The City Council will consider the bids on May 22, 1969, at the City Hall, subject to the right to reject any or all bids and to waive formalities. Bids may not be withdrawn after they are submitted. Bidders are required to submit a cashier's or certified check or bid bond in the amount of 5% of the total bid and the successful bidder shall provide bond in the full amount of the contract price executed by a surety company authorized to do business in Texas. Plans and specifications are available in the office of the City Engineer, Lubbock, Texas. CITY OF LUBBOCK, TEXAS BY: FLOYD NESBITT, Purchasing Agent City of Lubbock, Texas 69-28-156-363 C 1866-1-12 & C 1867-1-5 (25) F.M. 1294 & F.M. 1264 Lubbock County Mr. William R. Blackwell City Manager Box 2000 Lubbock, Texas Dear Mr. Blackwell: At the present time the Texas Highway Department has entered into a contract with Western Pavers, Inc. for the widening and reconstruction of North University from Loop 289 to F.M. 1294. This contract calls for 8,556.3 feet of curb and gutter, of which 7,743.3 feet is to be financed by the City of Lubbock. It was originally planned to end the curb and gutter section just north of the main entrance of the State School for -the Retarded. Since the original plans were prepared the State School has acquired the curch to the north of their original property for use as a chapel. In view of the change in the State School's property, we feel that it would be beneficial to the City and us to extend the curb and gutter section on north to a point approximately 100 feet south of the inter- section of Kent Street. El 0 The aspects of this change have been discussed with Mr. Sam Wahl of your engineering department and meet with his full approval. This change will amount to 1,900 feet more of curb and gutter at a cost of $2.50 per linear foot for a total additional cost to the City of approximately $4,750.00. APR 2 4 191 We are now in the process of preparing a field change to cover the additional cost for the exten- sion of the curb and gutter section. As it will be necessary to have the approval of the City of Lubbock before this field change,is submitted to Austin, your attention to this matter will be appreciated. If there is any question or discussion on this matter, please feel free to call on us. Yours very truly, i /sl 0. L. Crain 0.1. Crain District Engineer, District Five The City Council considered the request of the Texas Highway Department as set out in the above letter for extension of the curb and gutter on North University Avenue from Loop 289 to F.M. 1294 Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to auth- orize the curb and gutter construction on North University Avenue to be extended north to a point approximately 100 feet south of -the intersection of Kent Street. This will be at an estimated cost of $4,750 to be paid from Accounts Receivable. 69-28-157-364 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. nv-Q nT.TTTTnW WHEREAS, the City Council of the City of Lubbock has authorized a program of construction of sewerage works at an estimated cost of $2,500,000.00 and the United States Government, acting through the Federal Water Pollution Control Administration, has offered a federal grant in the amount of $825,000.00 as designated on Part A, Offer and Acceptance, now under consideration by this body; NOW THEREFORE: BE IT RESOLVED BY THE 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 autho- rized and directed to sign said Offer and Acceptance and anyother necessary documents required to complete the project on behalf of said City. BE IT FURTHER RESOLVED that the City of Lubbock has or will procure a fee simple or such other estate or interest in the site of the project, including the necessary easements and rights of -way, as 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 title, estate, or interest in such site, easements or rights -of -way may in the future be conteste+ the 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 to said grant, said City will provide certification as to the sufficien such estate o interest Passed by the City Council this 24th day of April, 1969. �, • W. D. ROGERS, JR., 4 ATTEST: t //d LAVENTE LOWE, City ecret y-Treasurer APPROVED: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 69-28-157-365 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (27) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5647 be passed on first reading. ORDINANCE NO. 5647 AN ORDINANCE AMENDING ORDINANCE NO. 4659 OF THE CITY OF LUBBOCK,.TEXAS BY GRANTING THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A CORPORATION, ITS ASSIGNEES, SUCCESSORS AND LESSEES, THE PERMISSIVE RIGHT AND POWER TO LOCATE, BUILD AND MAINTAIN AN ADDITIONAL SPUR TRACT AND TO OPERATE ENGINES, CARS AND TRAINS THEREON IN AND ACROSS ASH AVENUE IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS: PROVIDING FOR RAISING THE ELEVATION OF THE ORIGINAL CROSSING OF ASH AVENUE GRANTED IN SUCH ORDINANCE AND PROVIDING FOR CERTAIN COVENANTS, LIMITATIONS OR RESTRICTIONS ON THI GRANT. 69-28-157-366 The City Council considered making application for federal funds for law enforcement and crime (41) prevention program for the Lubbock Police Department under the Omnibus Crime Bill. Motion was made by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth and Rigsby voting Yea , Councilman Turner voting Nay, that the federal funds not be requested for this program. 69-28-157-367 A hearing was called by the City Council to consider movie classification codes in connection wit (15) the showing of moving pictures in the City of Lubbock. Approximately 160 persons were present in the Council Chamber for this hearing. The following persons spoke in favor of either a viewing board or enforcement of the film industr- classification codes: Mrs. J. B. Hance - 5403 19th Street appeared before the City Council and presented the following neritinn annrnvimataly 17i Qicnatllr PCt 1 Z 2 4 1969 TO WHOM IT MAY CONCERN We, the undersigned, do hereby authorize Mrs. J. B. (Jackye) Hance to serve as our spokesman to the City Council of Lubbock, regarding the matter of movies being shown at local theatres. It is our general opinion that the present M.P.A.A. code is unsatisfactory to the standards and morals of this community. Other persons appearing were: Mrs. Clifton Allison - 4209 16th Street, Rev. David Ray-5406 30th Street, Liniel Click - 5219 46th Street, Rev. Bert J. Homer - 2720 59th Street, Jess Hall, Jr. - 5214 27th Street, R..K. Curtis - 2508 37th Street, Harold Taylor - 4109 64th Street, Charles Duncan - 2425 23rd Street, J. B. Fowler - 1911 52nd Street, Mrs. A. C. White - 3203 30th Street and Warlick Carr - 4604 15th Street. The following persons spoke against proposed ordinances and a reviewing board: Bob Rooker - 5314 Avenue T, Joe Ray - 3822 52nd Street, Mrs. Russell Bual - 3213 40th Street, Mrs. Dale Pontius - 5224 14th Street, Richard Garrett - 859 Sneed Hall, Texas Tech, Delton Justice 3010 21st,Street, Roger Settler - Box 4711, Tech Station, Mrs. Phillip De Santell - 5416 50th Street, Apt. 58, and Daniel G. Higgins, Jr. The City Council took this item under advisement for study of all information presented, action to be taken at a later date. 69-28-158-368 Mr. Charles Townsend, representing the Junior Chamber of Commerce, appeared before the City (12) Council and presented the following resolution concerning obscene literature sold in Lubbock: THE -STATE OF TEXAS I D4Qn7TVPTnM COUNTY OF LUBBOCK • I WHEREAS, it recently came to the attention and knowledge of the Jaycees of Lubbock that certain obscene literature or hard core pornographic material in the form of books, magazines, etc. was available for sale and distribution to the citizens of this community, and WHEREAS, a committee was accordingly appointed to investigate the truth of that assertion, and WHEREAS, information was obtained as a result of such investigation that.obscene literature or hard core pronographic material was available for sale and distribution in Lubbock, Texas, the results of such investigation being tendered to The City Council of Lubbock, Texas, and WHEREAS, no ordinance exists regulating the sale, possession or distribution of obscene and/ or hard core pornographic material or otherwise regulating persons who deal and traffic in such goods for profit or prurient reasons, and Li WHEREAS, the Jaycees of Lubbock want to go on record with The City Council of Lubbock as being unalterably opposed to censorship per se, but in like part being unalterably opposed to the sale, possession or distribution of obscene or hard core pornographic literature, NOW THEREFORE BE IT RESOLVED by the Lubbock Jaycees, Inc. that the City Council of Lubbock under- take a study of the ordinances available to control the traffic in and sale of obscene or hard core pornographic material, and that it be adopted and made the law of this community that the sale, distribution or possession for sale of obscene or hard core pornographic material be unlaw- ful and that appropriate punishment be given to all violators of this said ordinance. Isl Charles Townsend President of Lubbock Jaycees, Inc. The above resolution was presented at a regular called meeting of Lubbock Jaycees, Inc., 35 members being present with 35 voting for and 0 voting against said resolution. Isl John R. Sanderson Secretary The City Council took theabove request under advisement for further.study. 69-28-158-369 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (23) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5648 be passed on first reading. 0 AN APPROPRIATION ORDINANCE ORDINANCE NO. 5648 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 The sum $88,830.00 For the following purpose: Indiana Avenue Storm Sewer Central Culvert Corporation Bid $75,211.40 Paving in 23rd Street 1,005.00 Sprinkler adjustment and resodding in Tech Terrace Park 400.00 1� APR 2 4 19 1�1 I r P r Miscellaneous utility line relocation 500.00 Quality control 768.00 Engineering 3,894.22 Work by city crews 9,051.38 $ 90,830.00 Less previous appropriation (Ordinance #5622) - 2,000.00 TOTAL $ 88,830.00 69-28-159-370 Mr. James G. Marshall appeared before the City Council requesting relief of storm water in the (23a) 2200 block of 24th Street. Mr. Marshall stated to the City Council -that his home had been flooded five times since 1963. After consideration of Mr. Marshall's request the City Council requested the City Engineer to bring to the City Council, May 8 if possible, and if/f'oisible to ..get this information by May 22, some plan for drainage that precludes this storm water from 'flooding Mr. Marshall's area. 69-28-159-371 Motion by Councilman Rigsby, seconded,by Councilman Turner, motion carried, Mayor Rogers and (24) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION RESOLUTION APPROVING AND ADOPTING ESTIMATE OF THE COST OF IMPROVEMENTS, OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF CURB AND GUTTER ON A PORTION OF NORTH UNIVERSITY AVENU IN THE CITY -OF LUBBOCK, TEXAS, FIXING THE TIME AND PLACE FOR A HEARING TO THE OWNERS OF ABUTTING PROPERTY, AND OTHER PERSONS INTERESTED IN SAID PROPERTY AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE ON BEHALF OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered that a portion of North University Avenue be improved by installing the outermost concrete curb and gutter and arrangements therefore have been made and entered into by the City of Lubbock, Texas with Western Pavers, Inc., contractor and the Texas Highway Department and, WHEREAS, the Governing Body of the City of Lubbock has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amounts per front foot to be assessed against abutting property and the owners thereof, and such estimates have been prepared and examined; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS I. Such estimates be and they are hereby adopted and approved. II. NOTICE TO THE OWNERS OF PROPERTY ABUTTING UPON THE HEREIN PORTION OF NORTH UNIVERSITY AVENUE AND TO ALL OTHERS AFFECTED: The Governing Body of the City of Lubbock has heretofore ordered that the following portion of North University Avenue in the said City of Lubbock, Texas, be improved by installing concrete curbs and gutters as designated below: It is found and determined that the outermost curb and gutter improvements on such portion o said North University Avenue with -the amount or amounts per front foot proposed to be assessed for curb and gutter improvements against the abutting property and the owners thereof, on the portion of said North University Avenue are as follows: North University Avenue from its intersection with a line 40 feet South of the South Propert Line of Kent Street (W. Leg) to its intersection with the North End of Radius on North Side of Loop 289, known and designated as Sub -Unit l of Unit 2201; the estimated cost of the outermost concrete curb and gutter improvements is $23,950.00; the estimated amount per front foot to be assessed against the abutting property and the owners thereof for said curb and gutter is $2.54. And arrangement for the making and construction of such curb and gutter improvements has been made and entered into by the City of Lubbock, Texas, and rolls or statements showing the pro posed amounts to be assessed against abutting property and the owners thereof have been filed with the City, such rolls or statements showing other matters and things, and have been approved and the City Council of said Citybas fixed a time and place for hearing to the owners of property abutting upon said portions of said North University Avenue, and to all others affected, at which hearing the amounts to be assessed against the respective parcels of abutting land and the owners thereof for improvements in the units upon which the particular parcels of property abut, the amounts of benefits to the respective parcels of property by means of the improvements in the uni upon which the particular property abuts, the regularity of the proceedings with reference to suc improvements, the apportionment of the cost of such improvements, and other matters and things will be•determined, and after such hearings assessments will by ordinance be made and levied, and such hearing will be had and held by and before the City Council of the City of Lubbock, Texas in regular Council meeting room in the City Hall, in the City of Lubbock, Texas on the 25th day of June, 1969 , at 2:00 p.m. o'clock. The rolls or statements showing the proposed amounts of such assessments are on file in the office of the City Secretary and copies thereof are in the office of the City Engineer of the City of Lubbock and open to inspection of ady interested parties at any time, and of all said matters and things all such owners of property, as well as any and othe in anywise affected or interested, sill take due notice. By order of the City Council of the City of Lubbock, this the 24th day of April, 1969. io R 2 4 1969 No notice other than that hereinabove provided for shall be necessary but publication of such notice shall be•due and sufficient notice to any and all persons, firms, corporations and other parties. That a hearing be given and held by and before the Governing Body of the City of Lubbock, Texas, to all persons owning or claiming any property abutting any part or portion of said streets, highways or avenues described in Section II, of this Resolution, as well as all owning or claiming any interest in any such property. Such hearing shall be given and held on the 25th day of June, 1969, at 2:00 p.m. o'clock on the second floor in the City Hall, City of Lubbock, Texas, and the City Secretary is hereby directed to give notice of the time and place of such hearing, and of other matters and facts in accordance with the.terms and provisions of an Act passed at the first called -session of the-40th Legislature of the State of Texas and known as Chapter 106 of the Acts of said Legislature which has been adopted as an amendment to and made a part of the Charter of the City of Lubbock, Texas, and as amended by Chapter 176 Acts of the 60th Regular Session of said Legislature. Such notice shall be by advertisement inserted.at least three times in a news- paper published in the City of Lubbock, Texas; the first puboication shall be made at least twenty- one days before the said hearing; and, additional written notice of the hearing shall be given by depositing in the United States mail, at least fourteen (14) days before the date of the hearing, written notice of such hearing, postage prepaid, in an envelope addressed to the owners of the respective properties abutting such highway, highways or portion or portions hereof and any rail- way or street railway using, occupying or crossing any highway, portion or portions thereof to be improved, as the names of such owners are shown on the then current rendered tax rolls of the City of Lubbock and at the addresses so shown, or if the names of such respective owners do not appear on such rendered tax rolls, then addressed to such owners as their names are shown on the current unrendered rolls of the City at the addresses shown thereon. Said notice shall comply with and in accordance with the terms and provisions of this resolution and said Act as amended. PASSED AND APPROVED BY UNANIMOUS VOTE OF THE GOVERNING BODY OF THE CITY VF UBBOCK TEXAS,,JIS, THE 24TH•DAY OF APRIL, 1969. , Ac" ATTEST: i LAVENfA LOWE, City Secret ry-Treasurer APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: /s/ Fred 0. Senter; Jr., City Attorney Fred 0. Senter, Jr., City Attorney W . D .- ROGER-, -JR ), 'Xay4 r • 69-28-160-372 Mr. Joe Hall, of Whitaker and Hall, Architects and Engineers, appeared before the City Council (35) and presented outline of work for alterations to the Lubbock Municipal Auditorium and recommended advertisement of Notice to Bidders. After consideration of all information presented, motion was made by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize advertisement of Notice to Bidders. NOTICE TO BIDDERS Sealed proposals addressed to the City Council of Lubbock, Texas, will be received at the office of the Purchasing Agent until 2:00 p.m. May 15, 1969, for the construction of alterations to Lubbock Municipal Auditorium, Lubbock, Texas, for the City of Lubbock, Texas. The City Council will consider the bids•on May 22, 1969, at the City Hall, subject to the right to reject any or all bids and to waive formalities. Bids may not be withdrawn after they are submitted. Bidders are required to submit a.cashier's check, certified check or bid bond in the amount of five (5%) percent of the toal bid and the successful bidder shall provide bond in the full amount of the contract price executed by a surety company authorized to do business in Texas. Plans and specifications are on file in the office of the City Engineer and may be obtained from Whitaker and Hall, Architects and Engineers, 2333-50th CI By ATTEST: 0 �&v , Lavenia Lowe, City Secret ry 69-28-160-373 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. 5649 be passed on first reading. ORDINANCE NO. 5649 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF ALLEY IN,BLOCK 20, COUNTRY CLUB ADDITION TO THE CITY OF LUBBOCK, AS MORE PARTICULARLY DESCRIBED HEREIN AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THE PORTION OF SUCH ALLEY AS AFORESAID. 0 160A APR 2 4 r F F 69-28-160-372 NOTICE TO BIDDERS (35) Sealed proposals addressed to the City Council of Lubbock, Texas, will be received at the Office of the Purchasing Agent until 2:00 p.m., May 15, 1969, for the furnishing and installation of new carpet in certain areas at Lubbock Municipal Auditorium, Lubbock, Texas, for the City of Lubbock, Texas. The City Council will consider the bads on May 22, 1969, at the City Hall, subject to the right to reject any or all bids and to waive formalities. Bids may not be withdrawn after they are submitted. Bidders are required to submit a cashier's check, certified check or bid bond in the amount of five (5%) percent of the total bid and the successful bidder shall provide bond in the full amount of the contract price executed by a surety company authorized to do business in Texas. Plans and specifications are on file in the office of the City Engineer and may be obtained from Whitaker and Hall, Architects and Engineers, 2333-50th Street, Suit , Lubbock, TerAs, CITY TE v By ' W. D. Rogers, Jr., ATTEST: I lJe LAVEHiA LOWE, City Secretary -Treasurer d 4sss 0 Ell I11 [2 APR 2 4 1969 IV. The consideration to the Lessor for this lease if Fifty Dollars ($50) monthly beginning at the time of filling, not only for the use of the area, but also for any damages suffered by Lessors from the reasonable use of the area as a sanitary fill by the Lessee. In addition, the Lessee shall pay to the Lessor the sum of ten cents ($0.10) per cubic yard royalty for material excavated outside of the pit area used for cover material or other purposes. V. Lessee shall fence the leased premises with woven wire type fence. The leased premises will be posted or signs erected at appropriate places by the Lessee, forbidding hunting, target practice, and other trespassing. The fence shall remain property of the Lessee. Lessee shall remove the fence as its own property upon the termination of this Lease. Said fence shall be located on the premises as shall be mutually agreeable to the parties thereto, and said fence may be moved, shifted, or relocated from time to time as will be mutually agreeable to the parties hereto when conveninece or necessity requires such action. The Lessee shall also provide a fence a minimum of 10 feet in height on 3 sides of the filling operation to control the blowing paper. VI. Upon termination of this -lease, Lessors shall furnish Lessee a release in writing, relieving Lessee of all its obligations arising from the lease, and Lessee shall release this lease to Lessors without further obligation on their part. The releases shall be delivered at the same time., If for any reason, upon the completion of the filling of the excavation, Lessee is not furnished with a release, it is agreed that Lessee, acting through its then Mayor, may make and record in the Deed Records of Lubbock County, Texas, a sworn statement that it has performed its covenants herein contained. Lessors covenant for themselves, their heirs, successors and assigns that said state- ment shall have all the effect of a release by them given. VII. It si agreed, understood and made a covenant running with the land that upon the filling of !� the excavation no use may be made of the filled area unless and until the owners thereof have determined the area to be safe for such use. Until the expiration of two years, no use other than the following may be made of the filled area with minor incidental and essential construction; farming, parking area, playground or park,- golf course, or other uses not involving major construc- tion. Lessee does not represent that the filled area will be suitable for these or any other uses and assumes no liability for damages arising from such uses. Lessors agree and covenant that no construction or use shall:be made upon or of the filled area unless and until the owners have determined that any such construction or use can be made with -safety to all persons using the same and all property placed thereon. VIII. From and after the completion of the performance of this agreement, Lessors, their heirs, successors and assigns will at all times defend, indemnify and otherwise hold harmless the City of Lubbock, Texas, agents, servants.and employees from any and all claims, demands, actions, causes of action, suits at law and in equity and cost of whatsoever kind or nature which may grow out of the condition of the leased premises at the termination of the lease. WITNESS OUR HANDS this 1st day of May, 1969. LESSORS: /s/ J. E. Bowman J. E. BOWMAN GLADYS J. BOWMAN F 1LUB LESSEE 1 By ` . . D. ROGERS, , Mayo ATTEST: r LAVENIA LOWE, City Sec Lary -Treasurer NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITYCOUNCIL MEETING, APRIL 24, 1969. • . ROGERS, ATTEST LAVENA LOWE, City Secr Lary -Treasurer READ AND APPROVED THIS THE 8TH DAY OF MAY-, 1969 ATTEST: FROM REGULAR 161 APR 2 4 1969 69-28-161-374 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 that the follow- ing Resolution be passed. RESOLUTION WHEREAS, the City Council finds that it would be expedient and in the interest of public health for the city of Lubbock to enter into a Sanitary Land Fill Lease Agreement with J. E. Bowman and wife, Gladys J. Bowman, covering certain property located in Lubbock County, Texas; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. The Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of said City a Sanitary Land Fill Lease Agreement to be entered into by and between said City and J. E. Bowman and Gladys J. Bowman, a copy of said agreement is being attached hereto and made a part of this resolution.for all purposes. SECTION 2. The City Secretary shall attest the signature of the Mayor to said agreement and shall affix the seal of the City of Lubbock thereto. Passed by the Council this 24th day of April, 1969. i W. D. ROGERS, JR., Mayo'd I ATTEST• � LAVENIA LOWE, City Secret ry-Treasurer SANITARY LAND FILL LEASE AGREEMENT THE STATE OF TEXAS X COUNTY OF LUBBOCK X WHEREAS, J. E. BOWMAN and wife, GLADYS J. BOWMAN, herein called "Lessor" are the owners of the hereinafter described tract of land in Lubbock County, Texas. On this land is situated an excava- tion which has a volume of approximately 40,000 cubic yards. The excavation is a result of caliche mining. In its present condition, the excavated area is of little value and is a detriment to the remaining property of Lessor; and, WHEREAS, the City of Lubbock, a Home Rule Municipal Corporation, herein called "Lessee," acting through its Mayor, heretofore duly authorized, has been requested by Lessors to use this excavation as a sanitary fill so that it may be filled to the level of the surrounding ground thereby enhancing the value of Lessors property; NOW THEREFORE: I. In consideration of the benefit to accrue to the property from the performance of Lessee of the covenants herein contained, Lessors do hereby demise and lease unto Lessee said operation on a rental basis of $50.00 (fifty Dollars) .per month for the uses provided herein the following describ- ed tract or parcel of land: BEGINNING at a point 1,325 feet South and 1166.7 feet East of the Northwest corner of Section 9, Block A, Lubbock County, Texas; THENCE North approximately 200 feet; THENCE Test approximately 400 feet; THENCE South approximately 200 feet; THENCE East approximately 400 feet to the POINT OF BEGINNING. Lessee accepts this lease subject to any and all oil or gas leases which may now effect this property. Lessor is not responsible for any personal damage, or personal injuries to City of Lubbock or its employees during the term of this lease. Lessors are not responsible for any act of government or act of God. II. Lessee shall use the demised premises as a sanitary fill including all uses customarily incidental thereto, and for access to the excavation with full rights of ingress, egress and regress, dumping therein garbage and/or street sweepings. Lessee shall have exclusive possession and control of the premises. Lessee may permit dumping of earth by other persons into the excavation as it may deem necessary to the proper operation of the sanitary fill. The Lessee will fill the excava- tion in this area to a.level with the surrounding surface. The final cover of the fill shall be a minimum of twelve (12) inches of fairly good soil some of which will be that stockpiled to extend the area to the North. This lease shall be effective for such reasonable time as is required to fill the excavation of approximately 40,000 cubic yards. Lessee shall attempt to completely fill the excavation in twelve (12) months. If the excavation is filled within that period, twelve (12) months, shall be the term of this lease. If the excavation is not filled within that period, the term of this lease shall be such greater period as is reasonably necessary to complete the filling. Lessee shall fill continuously in normal operatine Procedure until such time as the excavation is filled.