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Home My WebLink AboutMinutes - City Council - Regular - 8/14/1969%1178 AUG 3 41969 August-14,-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, City Attorney Fred 0. Senter, Jr., City Manager W. R. Blackwell, Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. Absent: None 69-28-278-692 Invocation was given by Director of Traffic Wayne Sherrell: 69-28-278-693 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 69-28-278-694 Motion by Councilman Rigsby; seconded by Councilman Turner, 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 July 24, 1969. 69-28=278-695 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (4) Councilmen Granberry, Hollingsworth,•Rigsby,.and Turner voting Yea, none voting Nay, to authorize approval of Minutes of Accounts Allowed for the months of June and July, 1969. 69-28-278-696 Motion by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (11) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay; that Ordinance No. 5700 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5700 69-28-278-697 (12) 69-28-278-698 (13) 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 Bond Fund The sum $7,800.00 For the following purpose: Material and labor for traffic signal installation, (Supplement to dWO 10637) Motion by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Rogersi and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5703 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5703 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 $56,845.00 For the following purpose: City's cost, engineering and adjustments to sidewalks and driveways on the 1969 Assessment Paving Program (G.W.O. 2969). 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. 5704 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5704 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 $7,000.00 For the following purpose: Acquisition of Parcel #4, 16th Street and Avenue X right of way from _� 4 f y. AUG 14 D. 0. Dawkins. Land included is described by metes and bounds as follows: BEGINNING at a point, said point being 30 feet East of the NW Corner of Lot 9, Block 122, Overton Addition to the City of Lubbock, Lubbod County, Texas; THENCE South 20.66 feet to a point, said point being the intersection of a curve to -the right whose radius point bears South 280 16' 26" East, said curve having a radius of 190.00 feet, a delta angle of 190 11' 21", and tangent lengths of 32.12 feet; THENCF itlong said curve to the right an arc North a distance of 0.38 feet; THENCE West a distance of 60.00 feet f distance of 63.03 feet to a point: the POINT OF BEGINNING. BOND FUND FOR LAND: 76-6061-551 69-28-279-699 Motion by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Rogez (14) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5705 be passed on second and final reading.. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5705 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: Street The sum $40,000 Lighting Bond Fund - For the following purpose: To install residential Mercury Vapor street lights and to replace -existing Incandescent residential street lights. 69-28-279-700 Motion by Councilman Granberry, seconded by Councilman Hollingsworth, motion -carried, Mayor Roger (15) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5701'be passed on second and final reading. ORDINANCE NO. 5701 AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON THE FOLLOWING STREETS IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO -WIT: A 35 MILE PER HOUR SPEED ZONE ON BOTH SIDES OF URSULINE STREET BETWEEN NORTH ASH ' AVENUE AND NORTH QUIRT AVENUE; A 35 MILE PER HOUR SPEED ZONE ON IOTH STREET BETWEEN AVENUE Q AND UNIVERSITY AVENUE; A 35 MILE PER HOUR SPEED ZONE ON -MAIN STREET BETWEEN UNIVERSITY AVENUE AND k AVENUE Q; A 35 MILE PER HOUR SPEED ZONE ON BOTH SIDES OF UNIVERSITY AVENUE BETWEEN 34TH STREET AND 50TH STREET; AND A 40 MILE PER HOUR SPEED ZONE ON BOTH SIDES OF INDIANA AVENUE BETWEEN 34TH STREET AND LOOP 289 SOUTH; 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 OFALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. 69-28-279-701 Motion by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Roger: (16) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5702 be passed on second and final reading. ORDINANCE N0. 5702 AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ENTITLED "MOTOR VEHICLES AND TRAFFIC," BY AMENDING SECTION 18-82 THEREOF ESTABLISHING SPEED RESTRICTIONS WITHIN THE CITY; AUTHORIZE THE PLACING -OF SPEED LIMIT SIGNS; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE EXCEPT OF THOSE PRIMA FACIE SPEED LIMIT ORDINANCES WITH WHICH IT SPECIFICALLY CON- FLICTS; AND PROVIDING A SAVINGS CLAUSE. .•• 69-28-279-702 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (17) Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, that Ordinance No. 5706 be passed on second and final reading. ORDINANCE NO. 5706 AN ORDINANCE AMENDING CHAPTER 21.OF THE CODE -OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "PEDDLERS AND SOLICITORS", BY PROVIDING FOR APPLICATION FOR A PEDDLER'S LICENSE; PROVID- ING FOR REVOCATION OF SUCH LICENSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-279-703. Motion by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (18) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5707 be passed on second and final reading. ORDINANCE NO. 5707 AN ORDINANCE REPEALING CHAPTER 33 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "TRAILER COACH PARKS" AND IN LIEU THEREOF ENACTING A NEW CHAFER 33, ENTITLED "MOBILE HOMES AND VACATION TRAVEL TRAILER PARKS"; DEFINING TERMS USED IN THE'ORDINA•NCE; PROVIDING FOR LOCATION -OF SUCH FACILITIES; PROVIDING FOR BUILDING PERMITS AND CODE COMPLIANCE; PROVIDING FOR AN ANNUAL LICENSE; PROVIDING FOR A REGISTER OF OCCUPANTS; PROVIDING FOR GENERAL REQUIREMENTS; PRO- VIDING FOR SANITATION FACILITIES; PROVIDING FOR GARBAGE DISPOSAL; PROVIDING FOR FIRE PROTECTION; PROVIDING FOR SUPERVISION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. W G 141969 69-28-280-704 Motion by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (19) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5708 be passed on second and final reading. ORDINANCE NO. 5708 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 OF THE CITY OF LUBBOCK BY ADDING THERETO A NEW SECTION 2.79A DEFINING MOBILE HOMES; ADDING A NEW SECTION 2.79B DEFINING MOBILE HOME PARKS; AMENDING SECTION 2.117 DEFINING TRAVEL TRAILERS; AMENDING SECTION 2.118 DEFINING TRAVEL TRAILER PARKS; AMENDING SECTION 6.1-5 GOVERNING PERMITTED USES IN "R-1" ZONE; REPEALING SECTION 8.2-8: REPEALING SECTION 11.2-3; AMENDING SECTION 12.1-51 GOVERNING TRAILER PARKS; ADDING A NEW SECTION 14-A.1-19 GOVERNING MOBILE HOME PARKS; AMENDING SECTIONS 15.1-1-4-1, 15.1-1-4-2 AND 15.1-1-4-3 GOVERNING MOBILE HOME AND TRAVEL TRAILER USES AND PARKING; AMENDING SECTION 19.6-2-11 GOVERNING SPECIAL EXCEPTIONS FOR MOBILE HOMES AND TRAVEL TRAILER USE; PROVIDING A SAVINGS CLAUSE AND PROVID- ING FOR PUBLICATION. 69-28-280-705 The City Council considered passage on second.reading of Ordinance No. 5682, Zone Case No. 1437A (20) having been passed on first reading June 25, 1969. After consideration of all information present- ed, motion was made 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. 5682 be passed on second and final reading for change to a Specific Use Permit for a mobile home park instead of "C-4" zoning district. ORDINANCE NO. 5682 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: MOBILE HOME PARK ON A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-280-706 The City Council considered passage on second reading of Ordinance No. 5683,.Zone Case No. 1610 (21) having been passed on first reading June 25, 1969. After consideration of all information pre- sented, motion was made 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. 5683 be passed on second and final reading for change to a Specific Use Permit for a mobile home park instead of•"C-4" zoning district. ORDINANCE NO. 5683 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: MOBILE HOME PARK ON A TRACT OF LAND OUT OF SECTION 5, BLOCK E, LUBBOCK COUNTY, TEXAS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-280-707 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried,•Mayor Rogers and (25). Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5719 be passed on first reading. ORDINANCE NO. 5719 AN ORDINANCE ESTABLISHING A BUILDING LINE ON THE WEST SIDE OF INDIANA AVENUE BEGINNING AT A POINT 70 FEET OF THE SOUTHEAST CORNER OF A TRACT OF LAND OWNED BY CON CARRAWAY AND LOYD ROSS AND BEING 880 FEET NORTH OF THE SOUTHEAST CORNER.OF SECTION 16 BLOCK B, THENCE NORTH 290 FEET: PROVID- ING THAT NO BUILDING OR OTHER STRUCTURE SHALL HEREAFTER BE ERECTED, RE -ERECTED OR SUBSTANTIALLY REPAIRED BETWEEN SUCH BUILDING LINE AND THE RIGHT OF WAY LINES EXISTING PRIOR TO THE BUILDING LINE ESTABLISHED HEREIN; REQUIRING EXISTING.STRUCTURES ON, OR EXTENDING BEYOND THE BUILDING LINE HEREIN ESTABLISHED TO CONFORM TO SUCH BUILDING LINE WITHIN FIVE (5) YEARS; DEFINING "BUILDING LINE" AND PROVIDING THAT SETBACK REQUIREMENTS UNDER THE CITY'S ZONING ORDINANCE AND AMENDMENTS THERETO BE DETERMINED FROM THE BUILDING LINE HEREIN ESTABLISHED; PROVIDING EXCEPTIONS FOR UTILITY EXTENSIONS AND PUBLIC IMPROVEMENTS; REPEALING ALL ORDINANCES ESTABLISHING BUILDING LINES WHICH CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-280-708 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (31) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and reso- lutions and entered into contract with Kerr Construction Company (G.W.O. 2969) for the malting and construction of street improvements on portions of numerous streets and/or avenues in said City including among others the following: Temple Avenue from its intersection with the South Property Line of 62nd Street to its inter- section with the North Property Line of 63rd Street, known and designatedas Sub -Unit Number 8 of Unit Number 2194. Belton Avenue from the beginning of the cul-de-sac 351.59 feet North of the North Property Line of. 50th Street to its intersection with the alley East of Belton Avenue (including drainage channel), known and designated as Sub -Unit Number 29 of Unit Number 2195. Wayne Avenue from its intersection with a line 18 feet South of the South Property Line of 56th Street (East Leg) to its intersection with a line 12.feet South of the South Property Line of 55th Street (East Leg), known and designated as Sub -Unit Number 30 of Unit Number 2195. Wayne Avenue from its intersection with -a line 18 feet South of the South Property Line of 54th Street (East Leg) to its intersection with a line 12 feet South of the South Property Line of 55th Street (East Leg), known and designated as Sub -Unit Number 31 of Unit Number 2195. 4 F.. I AUG 14 Englewood Avenue from its intersection with a line 18 feet South of the South Property Line of 45th Street to its intersection with a line 13 feet North of the North Property Line of 46th Street, known and designated as Sub -Unit Humber 34 of Unit Number 2195. 25th Street from its intersection with a line 11 feet East of the East Property Line of Chicago Avenue to its intersection with a line 3 feet West of the West Property Line of Bangor Avenue, known and designated as Sub -Unit Number 35 of Unit Number 2195. Wayne Avenue from its intersection with a line 8 feet South of the South Property Line of 21st Street to its intersection with a line 34.64 feet North of the North Property Line of 24th Street (East Leg), known and designated as Sub -Unit Number 36 of Unit Number 2195. Vicksburg Avenue from its intersection with a line 18.5 feet North of the South Property Line of 19th Street to its intersection with a line 22.8 feet South of the Northeast Line of Lot 24, Boba let Heights, known and designated as Sub -Unit Number 37 of Unit Number 2195. Vicksburg Avenue from its intersection with a line 3 feet North of the North Property Line of the alley South of 6th Street (West Leg} to its intersection with aline 15 feet South of the South Property Line of 6th Street (West Leg) known and designated as Sub -Unit Number 38 of Unit Number 2195. Vicksburg Avenue from its intersection with aline 15 feet North of the North Property Line of 6th Street (West Leg) to its intersection with a line 8 feet North of the North Property Line of 5th Street (East Leg), known and designated as Sub -Unit Number 39 of Unit Number 2195. Vicksburg Avenue from its intersection with a line 8 feet North of the North Property Line of 5th Street (East Leg) to its intersection with a line 34 feet North of the South Property Line of 4th Street, known and designated as Sub -Unit Number 40 of Unit Number 2195. Belmont Avenue from its intersection with a line 3 feet North of the North Property Line of the alley North of 6th Street to its intersection with the South Lip Line of 4th Street, known and designated as Sub -Unit Number 41 of Unit Number 2195. AND WHEREAS, the improvements upon the said portions of the abovementioned streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract (G.W.O. 2969). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned'streets and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct pay- ment of the City's portion of the cost. Ii. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the streets and/or avenues listed above and against the owners of such pro- perty in accordance with law and in the manner provided in said contract, and the proceedings wits reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after jo, PASSED AND APPROVED THIS 14TH DAY OF AUGUST, 1969. ATTEST: W. D. ROGERS, JR., i LAVENIAILOWE, City SLIcretarl APPROVED: s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Honorable Mayor and City Council August 14, 1969 Lubbock, Texas Gentlemen: sage. s I have examined the paving improvements constructed by Kerr Construction Company, paving contractor, under his contract dated November 15, 1968, designated as G.W.O. 2969 and find the improvements on Temple Avenue from the SPL of 62nd Street to the NPL of 63rd Street; Belton Avenue from the beginning of the cul-de-sac 351.59' North of 50th Street to the -alley East of Belton Avenue; Wayne Avenue from 18' S. of the SPL of 56th Street (E. Leg) to 12' S. of the SPL of 55th Street (E. Leg); Wayne Avenue from 18' S. of the SPL of 54th Street (E. Leg) to 12' S. of the SPL of 55th Street (E. Leg); Englewood Avenue from 18' S. of the SPL of 45th Street to 13, N. of the NPL of 46th Street; 25th Street from 11' E. of the EPL of Chicago Avenue to 3' W. of the WPL of Bangor Avenue; Wayne Avenue from 8' S. of the SPL of 21st Street to 34.64' N. of the NPL of 24th Street (E. Leg), Vicksburg Avenue from 18.5' North of the SPL of 19th Street to 22.8' S. of the 82 4UG 141969 NE line of Lot'24, Bobalet Heights; Vicksburg Avenue from 3' North of the NPL of the alley South of 6th Street (W. Leg) to 15' S. of the SPL of 6th Street (W. Leg); Vicksburg Avenue from 15' N. of the-NPL of 6th Street (W. Leg) to 8' N'. of the NPL of 5th Street'(E. Leg); Vicksburg Avenue from 8' N. of the NPL of 5th Street (E. Leg) to 34' N. of the SPL of 4th Street; and Belmont Avenue from 3' N. of the NPL of the alley N. of 6th Street to the SLL of 4th Street as listed on the final estimate and assessment sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due him by the City of Lubbock and issue assignable'certif,icates against property owners) for the respective amounts shown on the attached final assessment shedts as being due against them and their respective properties. Yours very truly, /s/ Wilford D. Watson Wilford D. Watson, City Engineer CONSOLIDATED FINAL ESTIMATE G.W.O. 2969 Accepted August 14 1969 QUANTITIES S.Y. Alley S.X. S.X. Return & S.Y. L.F. Unit & Paving Ad -Paving L.F. Drainage Re-sur- C & G Su"b-Unit Location 'ustment 6" Base C & G Channel -facing Removal 2194-8 Temple Ave. from the SPL of 62nd St. to the NPL of 63rd St. 2195-29 Belton Ave. Cul-de-sac from 21.47 351.59' N. of NPL of 50th St. to the alley E. of Belton Ave. 2195-30 Wayne Ave. from 18' S of the SPL of 55th St.(E.Leg) to 18' S. of the SPL of 56th St. (E. Leg) 2195-31 Wayne Ave. from 18' S. of the SPL of 54th St.(E.Leg) to 12' S. of the SPL of 55th St. (E.Leg) 2195-34 Englewood Ave. from 18' S. of the SPL of 45th St. to 13' N.- of the NPL of 46th St. 2195-35 25th St. from 11' E. of the EPL of Chicago Ave. to 3' W. of the WPL of Bangor Ave. 2195-36 Wayne Ave. from 8' S. of the SPL of 21st St. to 34.64' N. of NPL of 24th St. (E.Leg) 2195-37 Vicksburg Ave. from 22.8' S. of the Northeast Line of Lot 24, Bobalet Hts. Add. to 18.5' N. of the SPL of-19th St. 2195-38 Vicksburg Ave. from 3' N. of the NPL -of the alley S. of 6th St. (W.Leg) to 15' S. of the SPL of 6th St. (W.Leg) 2195-39 Vicksburg Ave. from 15' N. of the NPL of 6th St. (W.Leg) to 8' N. of the NPL of 5th St. 2195-40 Vicksburg Ave. from 8' N. of the NPL of 5th St. (E.Leg) to 34' N. of the SPL of 4th St. 2195-41 Belmont Ave. from 3' N. of the NPL of the alley N. of 6th St. to the SLL of 4th St. TOTALS COST ESTIMATE 843.96 612.47 24.33 36.49 637.70 353.80 176.06 9.53 67.54 1434.86 659.08 15.56 1434.86 673.08 31.11 6.40 876.44 499.00 8.00 23.82 3022.93 1700.40 24.00 3613.01 826.30 49.78 2614.00 1609.94 49.14 397.51 111.80 23.47 1199.20 312.12 12.44 23.11 1048.72 545.44 12.44 78.54 544.86 69-1.50 154.50 21.47 17,688.05 8,594.93 21.47 S.Y. Paving Adjustment @ $6.00 17,668.05 S.Y. Paving 6" Base @ $2.18 8,594.93 L.F. Curb & Gutter @ $1.97 483.58 S.Y. Alley Return & Drainage Channel @ $7.75 196.60 S.Y. Resurface @ $1.50 146.08 L.F. Curb & Gutter Removal @ $1.00 483.58 196.60 146.08 $ 128.82 38,516.35 16,932.02 3,747.75 294.90 146.08 11 �I L1. 0 CONTRACT COST $ 59,765.92 AUG 14 II r r COST DISTRIBUTION City to City to Contractor Property City Contractor from Unit & Contract Owner to from Paving Exten. Sub -Unit Cost Cost Contractor. G.W.O. 2969 sion Fund 2194-8 3,289.70 2,392.44 897.26 897.26 2195-29 3,662.29 3,662.29 -(1,823.53) 5,485.82 2195-30 4,546.97 3,147.81 1,399.16 1,399.16 2195-31 4,704.66 2,511.31 2,193.35 2,193.35 2195-34 2,991.40 2,884.20 107.20 107.20 2195-35 9,975.78 11,598.88 -(1,623.10) -(1,623.10) 2195-36 9,578.84 10,359.17 -( 780.33) -( 780.33) 2195-37 9,250.94 8,166.77 1,084.17 1,084.17 2195-38 1,122.03 652.62 469.41 167.81 301.60 2195-39 3,360.21 1,305.24 2,054.97 1,103.38 951.59 2195-40 3,535.68 2,846.87 688.81 -( 985.83) 1,674.64 2195-41 3,747.42 _ 3„,,747.42 339.00 3.408.42 $ 59,765.92. . 45,865.31 13,-900.61 2,078.54 11,822.07 69-28-283-709 Motion -by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (32.) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various alley improvement ordinances and resolutions and entered into contract with Frank Hodges Cement Contractor (G.W.O. 2970) for the making and construction of alley,.i.mprovements on portions of numerous alleys in said City includ- ing among others the following: The Northwest -Southeast & Northeast -Southwest alley between Lynnhaven and Louisville Drives from its intersection with a line 30 feet South of the South Property Line of 62nd Drive to the alley North of Joliet Avenue and from its intersection with a line 78.2 feet West of the West Property Line of Louisville Drive to the East Property Line of Lynnhaven Drive known and designated as Sub Unit 39 of Unit Number A-396. AND WHEREAS, the improvements upon the said portions of. the abovementioned alleys have been inspected and found to have been tonstructed in accordance with terms of said contract (G.W.O. 2970). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned alleys, be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. ' That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. xxl. This resolution shall take effect and be in force from and after passage. PASSED AND APPROVED THIS 14TH DAY OF AUGUST 1969. 1 A<7*-% A %+v t ATTEST: W. D. ROGERS, JR., s �1 LAVENIA LOWE, City ecretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: /s!/�Fre_d 0. Senter., Jr. Fred 0. Senter, Jr., City Attorney Honorable Mayor and City Council August 14, 1969 Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Frank Hodges Cement rnntrartnr vinAmo 34 i 141969 NW -SE & NE -SW alley between Lynnhaven and Louisville drives from 30' S. of the SPL of 62nd Dr. to the alley N. of Joliet Dr. and from 78.2' W. of the WPL of Louisville Dr. to the EPL of Lynnhaven Dr. as listed on the final estimate and assessment sheet to have been completed in accordance with' the plans and specifications and recommend that you accept the improvements on said alley, autho- rizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due him by the City of Lubbock and issue assignable -certificates against property owners for the respective amounts shown on the attached final assessment sheets as being due against them and their respective properties. - Yours very truly, /s/ Wilford D. Watson Wilford D. Watson, City Engineer CONSOLIDATED FINAL ESTIMATE G.W.O. 2970 Accepted August 14 1969 QUANTITIES S.Y. Unit & Alley Sub -Unit Location Slab A-396-39 NW -SE,& NE -SW alley between Lynnhaven and Louisville Drives from 30' S. of SPL of 62nd Dr. to the alley N. of Joliet and from 78.2' W. of WPL of Louisville Dr. to the EPL of Lynnhaven Dr. TOTAL COST ESTIMATE 1420.67 S.Y. Alley Slab @ $6.76 9 603.73. CONTRACT COST $9,603.73 COST DISTRIBUTION Property City Unit & Contract Owner to Sub -Unit Cost Cost Contractor A-396-39 $ 9,603.735,235.35 4,368.38 TOTALS $ 9,603.73 5,235.35 4,368.38 1420.67 1420.67 69-28-284-710 Motion by Councilman Rigsby,seconded by Councilman Turner, motion carried, Mayor Rogers and (33) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize final payment in the amount of $7,369.33 to Central Culvert Pipe Company, Inc. for the construc- tion of the Indiana Avenue storm sewer (19th Street to 29th Street). The estimated cost was in the amount of $75,211.46 and final cost being in the amount of $75,242.31. Honorable Mayor and City Council City of Lubbock Lubbock, Texas Gentlemen: August 14, 1969 I submit herewith the closing documents for Indiana Avenue Storm Sewer, known and designated as GWO 10666. Final inspection has been made of the'abovementioned improvements and said improvements have been constructed in accordance with plans, specifications and contract documents. I therefore recommend acceptance of the improvements. Very truly yours, /s/ Wilford D. Watson Wilford D. Watson, City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS X COUNTY OF LUBBOCK X Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Fred Ivy, who being by me duly sworn, upon oath says: I, Fred Ivy, Job Foreman for Central Culvert Corporation, do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated April 24, 1969, for Indiana Avenue Storm Sewer, under G.W.O. 10666, and that the work and contract has been completed according to the plans and specifications pertaining to the project and that all labor, material, supplies and other cost including equipment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the contrac- tor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. 11 In I further represent and affirm that all Federal, State -and Municipal laws were substantially complied with by me in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock tome of the full and final moneys due me under this contract. Witness my hand this llth day of August. AUG 14 (s/ Fred Ivv _ Subscribed and sworn to before me this the 11th day of August, 1969. /s! Daphne Mitchell Notary Public in and for Lubbock County, Texas 69-28 -285-711 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (36) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Lots 64 thru 84, Town West Addition. WHEREAS, the developer of Lots 64 thru 84, Town West Addition has complied with the provisior of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with Paragraph 61 of said Chapter 34, and, WHEREAS, the total.utility cost to the -developer is $5,189.85 with the improvements construct by Panhandle Construction Company, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications. NOW THEREFORE BE'IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. This resolution shall take effect and be -in force from and after passage. PASSED AND APPROVED THIS 14TH DAY OF AUGUST,, 1969. 1 Rc�� W. D. RODE-0 ,'T s ATTEST: �zovi Laven a Lowe, Cit Secretfary _ APPROVED: /s.Wi.lfo_rd D. Watson _ Wilford D. Watson, City Engineer APPROVED: /sL Fred 0. Senters Jr. Fred 0. Senter, Jr., City Attorney 69-28-285-711 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (37) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Lots 10 thru 68, Times Square Addition. WHEREAS, the developers of Lots 10-thru 68, Times Square Addition have -complied with the pro- visions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with Paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $23,209.34 with the improvements construct by Panhandle Construction Company having a value of $21,657.32 as determined by the unit prices established by said Chapter 34, and $1,552.02 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City, with Bertell Jackson and Raymond Taylor the developers, to receive a refund of $6,766.49 in accordance with Chapter 34 of the Code of the City of Lubbock and a refund of deposit in the amount of.NONE and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans - and specifications. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That refund•of_the refundable cost in the amount of $6,766.49 be made in accordance with said Chapter 34. 3. That a refund of deposit be made in the amount of $ NONE. 4. This resolution shall take effect and be in force from and after its passage. _ ____k PASSED AND APPROVED THIS 14TH DAY OF AUGUST, 1969. 6 141969 ATTEST* i 1XV01AMDOWE, Cit Secr ary APPROVED: Isl Wilford D. Watson Wilford D. Watson, City Engineer W. D. APPROVED: /s/_Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 69-28-286-713 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (38) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5720 be passed on first reading. ORDINANCE NO. 5720 AN ORDINANCE ABANDONING AND CLOSING AN -ALLEY IN BLOCK 2, USLEAMAN'S 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 ALLEY AS AFORESAID. fl 69-28-286-714 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, that Ordi- nance No. 5721 be passed on first reading. ORDINANCE NO. 5721 69-28-286-715 (42) AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY AMENDING DEFINITIONS OF TERMS USED THEREIN; PROVIDING FOR LICENSING AND VACCINATION OF DOGS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion by Councilman Rigsby, seconded -by Councilman Turner, motion carried, Mayor Rogers and 11 Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5723 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5723 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; it 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: Fire Station Bond Fund The sum $4,000.00 For the following purpose: To Convert 4 engines to Triple Combination 69-28-286-716 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (42a) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5724 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5724 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: Fire Station Bond Fund The sum $2,600.00 For the following purpose: To purchase a 200 ft. 1 1/2" hose and one 600 ft. 1" hose. 69-28-286-717 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (42b) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5725 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5725 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which -creates an emergency; NOW THEREFORE, I I �I Fin 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: Fire Station Bond Fund The sum $1,300.00 ow AUG 14 r r For the following purpose: To purchase 5 - Electronic Sirens 69-28-287-718 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (420 Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinal No. 5726 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5726 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certait specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund,.to-wit: Fire Station The sum $1,350.00 Bond Fund For the following purpose: For Installation of 9 alarm boxes. 69-28-287-719 Motion by Councilmap Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (42d) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5727 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5727 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out.of bond funds for an approved project, and this ordinance deals with the daily ,operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Fire Station The sum $1,785.00 Bond Fund For the following.purpose: To purchase 7 - Foam eductors and nozzles 69-28-287-720 Mr. John Hawkins, President of the Lubbock Association of Mental Retardation, appeared before the (7) City Council and presented the following recommendation for a three week camp for mentally and physically handicapped children from age six to adult. This request was taken under advisement. (Recommendation set in on opposite page.) 69-28-287-721 Mr. W. G. McMillan, Jr., appeared before the City Council requesting waiver of driveway regula- (8) tions at 1109 West 33rd Street. Mr. McMillan would like to locate five driveways along the 250' side of the building. After consideration of all information presented, 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, that this request be granted. 69-28-287-722 The City Council considered the request of the Mexican Consul for a permanent parking space on (22) 13th Street between Avenue J and Texas Avenue and motion was made by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingswori Rigsby, and Turner voting Yea, none voting Nay, to authorize this parking space for the Mexican Consul. 69-28-287-723 Motion by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Roger: (23) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize publication of Notice to Bidders for the 1969 Traffic Signal Program. 69-28-287-724 Mr. Wayne Sherrell, Director of Traffic, presented plan for widening and improving Quaker Avenue (24) from 19th Street to Loop 289 and motion was made by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize estimates to be prepared and presented to the City Council. 69-28-287-725 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (28) Councilmen Granberry, Hollingsworth,.Rigsby, and Turner voting Yea, none voting Nay, to retain the same alley paving design as used in the past. 69-28-287-726 Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Rogers (29) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the street name of 62nd Drive be changed to Orlando Avenue and that the street name of 63rd Drive be changed'to Norwood Avenue in Melonie Park Addition, and that 64th Drive be changed to Norfolk Ave. 69-28-287-727 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (30) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize receiving of bids for 16th Street and Avenue x widening. 69-28-287-728 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (34) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Nay, to authorize acceptance of the proposal of David P. Pinkston in connection with paving improvements on East 66th Street from Magnolia Avenue to Quirt Avenue with the stipulation that curb and gutter be installed only on that west 100' portion Mr. Pinkston pays paving costs on. The north one-half of East 66th Street has been dedicated by the Santa Fe Land Development Corporation and they have agreed to pay for their part of the paving costs less the 100' that lies below high water. i8 Colorado Springs, Colorado July 23, 1969 Mr. David C.'Hughes Right, -of -Way Agent City of Lubbock Box 2000 Lubbock, Texas 79408 Dear Mr. Hughes: I am in receipt of your letter -of July 22; 1969 in regard to dedication of street right of way and paving improvements on East 66th Street adjacent to land owned by me. Although I feel the paving of this street would be of little benefit to me I am agreeable to the following: 1. I will dedicate the necessary right of way as outlined in your letter. 2. I will pay the costs of paving the West 100 feet of property owned by me - the City to pay for the remaining 1170 feet. I understand the cost of this to me is not to exceed $864.40 and will be due in whole, or in part, within twenty days after acceptance of the paving by the City. 3. I am agreeable to the removal of 1000 cubic yards of fill material from the lake area on my land to be used in the street construction provided: (a) The buried copper radials of the KDAV antenna system are not disturbed. These run out some 300' from the present towers and any damage to these wires could affect our authorized coverage pattern. Before any dirt is moved clearance should be otained from Mr. Robert Clark, manager of KDAV Radio. (b) Movement of dirt dies not place present high land below the west water level of the lake. Please let me know in regard to the above and if I can be of further assistance please let me know. Sincerely, /s/ D. P. Pinkston D. P. Pinkston 2500 Mesa Road Colorado Springs Colorado 80904 69-28-288-729 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (35) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize Change Order No. 1 to agreement for engineering services on modifications to Lubbock Water Treat- ment Plant with Parkhill, Smith and Cooper. CHANGE ORDER NO. 1 Agreement for Engineering Services on Modifications to Lubbock Water Treatment Plant Dated October 10, 1968. TO: PARKHILL, SMITH & COOPER, INC. WHEREAS, it is desirable to provide additional engineering services in the Agreement: THIS AGREEMENT WITNESSETH: In consideration of the additional services required by the Owner, the Owner and Engineer agree that the original agreement between the Owner and the Engineer shall be modified to the extent herein indicated: 1. To Section I, add the following: "E. Additional sludge lagoons. F. Relocation of railroad spur. G. Consideration to be given to increasing the capacity of the treatment plant to 75 MGD for the sizing and location of facilities included in this contract. H. Consideration to be given to the possibility of softening water -within the foresee- able future for the sizing and location of facilities included this contract. w ATTEST �f4, City Secretary a I• f PARKHILL, SMITH & C00 Consulting Engineers H. Bennett Reaves, Secy.-Treas. .11 �17 I, Li. 69-28-288-730 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (44) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the appointment of T. E. Milam to fill the unexpired term of Nolan•Barrick and Charles Galey to fill the unexpired term of Gary Barrett as members of the Planning and Zoning Commission. Mr. Milani term to expire November 16, 1969, and Mr. Galey's term to expire November 16, 1971. This AUG 14 I F F1 I' ig a mine member board; other members being: Harold Blank, Mrs. John Anderson, W. P. Clement, Arnold Maeker, Max Caraway, Bob Jordan and Tom R. Scarborough. 69-28-2897731 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (45) Councilmen,Granberry, Hollingsworth, Rigsby; and Turner voting Yea, none voting Nay, to authorize the appointment of Ken Rafferty to fill the unexpired term of Harold Carrico as a member of the Citizen's Traffic Commission. Mr. Carrico's term to expire July 13, 1971. This is a nine member board; other members being: Bob Blon, David Collier, George Miller, Ron Wright, B. R. "Rip" Griffin, Dr. W. W. Lundberg, Charles E. Colson and Dr. Glenn Barnett.- 69-28-289-732 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (46) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the re -appointment of Lee Fields and the appointment of Leroy Elmore to replace Clem Boverie whose term expired as members of the Airport Board,for three year terms; terms to expire August 11, 1972. This is aseven member board; other members being: Robert G. Schuster, Dr. Cliff Breac and Gene Alderson, Eddie Martin and Bill Cantrell. 69-28-289-733 Motion by Councilman Granberry, seconded by Councilman Rigsby,motion carried, Mayor Rogers and (47) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the appointment of Lyn Turner to replace Bill Sharpley and Rev. Neil Guy to replace Rev. Herman Williams as members of the Youth Council for three year terms; terms to expire August 8, 1972. This is a -six member board; other members being Frank E. Caldwell, Father Aiden Donlon, Harlan Cook, Jr., and Mrs. Carrol Cobb. 69-28-289-734 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (48) Councilmen Granberry, Hollingsworth, Rigsby, and -Turner voting Yea, none voting Nay, to authorize the reappointment of Rev. Dudley Strain and the appointment of Darrell McBrayer to replace Charge Jones and Ernest Barton to replace Mrs. Robert L. Snyder as members of the Auditorium -Coliseum Operational Board for five year terms; terms to expire August 1, 1974. This is a thirteen member board; other members being:- Robert Nash, Ruel C. Martin, Don A. Moore, Bill Edd McLaughlin, Douglas Boren, Mrs. Donald Tankersley, Mrs. W. E. Keeney, Jim Ed Waller, Alton R. Griffin and Marshal Pennington. 69-28-289-735 (49) 69-28-289-736 (50) Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the appointment of John Miller to fill the unexpired term of Vicente Arredondo as a member of the Housing Standard Commission. Mr. Miller's term to expire December 19, 1970. This is a five member board; other members being: H. S. Hicks, Joe D. McKay, R. J. Mitchell and Dan Law. Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to acknow- ledge.the revised rate schedule for ambulance service of Henderson Funeral Home as set out below: Mr. W. R. Blackwell City Manager City of Lubbock Lubbock, Texas Dear Sir: July 7, 1969 Due to increased costs of operations such as salaries, insurance, bad debts and maintenance of vehicles, we are forced to increase our ambulance charges. Effective August 15, 1969, the following charges for ambulance services will be made: Within City Limits: Transfers: One Way $25.00 Round Trip 35.00 (15 minute wait). Waiting Time 10.00/hour Emergencies: One Way $25.00 Oxygen 5.00 Cot Charge 5.00 Waiting Time 10.00/hour Outside City Limits, add: Transfers .60/mile Emergencies: .75/mile To Airport 5.00 A cot charge is made if it is required to leave the patient on the cot at the hospital or Doctors office, due to condition of patient or absence of proper bed to place patient. This requires additional trip to pick up the cot. We trust that this meets with your approval. Yours truly /s/ W. G. Henderson W. G. Henderson Henderson Funeral Directors 69-28-289-737 The City Council considered the claim of Robert D. Fletcher dba.Jones-Roberts Shoe Store located (51a) at 1205 Broadway for water damage to merchandise and supplies in their basement resulting from a broken water main in the amount of $2,992.35. After consideration of all information presented, 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 autho rize payment in the amount of $2,078.83 for water damage to Jones -Roberts Shoe Store. P 141989 69-28-290-738 The City Council considered the claim of Bobby-L. and Teresa Rose Tice for personal injury and (51b) property damage -from a vehicle collision -with a city sanitation truck while traveling to the sanitation land fill site on North Avenue P in the amount of approximately $6,000. After considera- tion of all information presefted, motion was made -by Councilman Rigsby, seconded by Councilman - Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that this claim for personal injury and property damage be denied. 69-28-290-739- The City Council considered the claim of Donna Salinas for damage to her automobile when she (51e) collided with a City pick-up at North Akron and Emory Streets in the amount of $239.32. After consideration of all information presented, motion was made by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none. voting Nay, -that this claim for property damage be denied. 69-28.290-740 (53) 69-28-290-741 (54) 69-28-290-742 (55) Mrs. A. C. Verner, Chairman of the Auditorium -Coliseum Board, appeared before the City Council and presented the following recommendation: RECOMMENDATION FROM THE AUDITORIUM -COLISEUM BOARD. TO THE CITY COUNCIL In a move which will -keep the Lubbock Auditorium -Coliseum complex competitive with other cities of Lubbock's size, the Board adopted a highly restrictive policy regarding the serving of alcoholic beverages. Serving of such beverages will be limited to periods when the complex is rented by a convention. Each convention will have to secure specific approval from the Auditorium - Coliseum Manager and must strictly adhere to the Texas liquor laws before alcoholic beverages may be served. This new policy, which puts Lubbock on par with other convention minded cities, will be strictly enforced and controlled. State laws prohibit the use of alcoholic beverages when the Auditorium -Coliseum is used by Lubbock schools or the University. (Specific rules and regulations attached.) Members cited Amarillo's new Civic Center and the threat it offers Lubbock as the reason for the long delayed action. It was felt that Lubbock has not been able to meet the competition offered by other cities with convention facilities because of no definite policy governing the -serving of alcoholic beverages. The Board in taking its action put Lubbock in a better position to actively secure large conventions. RULES GOVERNING THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN THE LUBBOCK MUNICIPAL AUDITORIUM -COLISEUM A. The Auditorium -Coliseum Board will allow the consumption of alcoholic beverages in connection with conventions held in the Auditorium -Coliseum under the following set of rules: 1. Provisions of the Texas liquor laws must be strictly adhered to by parties renting the facilities. 2. The Auditorium -Coliseum Board has the right to refuse permission to persons or groups asking for permission to serve alcoholic beverages. 3. Hours of service will coincide with State liquor laws. 4. The rental contract for the facilities will specifically state if permission is granted to serve alcoholic beverages. 5. No official public school or university function would be considered eligible under the Alcohol Consumption Policy of the Auditorium -Coliseum Board. B. Each convention will be considered on its own merit by the Auditorium -Coliseum before a contract is offered. C. The serving and consumption of alcoholic beverages within the confines of the Auditorium - Coliseum proper shall in no way violate any present or future City ordinances governing the consumption of alcoholic beverages. Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the recommendation of the Auditorium -Coliseum Board as set out above and approve the above rules for the consumption of alcoholic beverages as suggested by the Board. Bids as follows were received for purchase of a half ton pickup for the Animal Shelter Department, being Bid No. 856. 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. D. Hufstedler Truck Company for purchase of pickup for the Animal Shelter Department. Bids as follows were received for puchase of insecticides, to establish price for a period of one year, for the Health Department, being Bid No. 862. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, seconded by Councilman Hollingsworth, Motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby and Turner voting -Yea, none voting Nay to authorize acceptance•of the bids as follows: Accept the bid of Public Health Equipment Company for purchase of Item 1. Accept the bid of Rowland Chemical Company for purchase of Item 2. Accept the bid of Plainsman Supply Company for purchase of Items 3 and•4. I c� �, AUG 14 r r r f r 69-28-291-743 (56) I I 69-28-291-744 (57) Bids as follows were received for -purchase of envelopes for mailing water and light bills, being Bid No. 853. .- 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 Oklahoma Envelope Manufacturing Company for purchase of water and light envelopes. Bids as follows were received for sale of the house to be moved from 2323 16th Street, being Parcel #1, Bid No. 872. 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 Ernest A. Wossum for the house to be moved from 2323 16th Street. 69-28-291-745 Mr. R. W. Stanford, Chairman of the Board of Electrical Examiners, appeared before the City (9) Council and -.recommended adoption of the 1968 Electrical Code. After consideration of all informa tion presented, motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motic carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, non voting Nay, that Ordinance No. 5728 be passed on first reading. ORDINANCE NO. 5728 AN ORDINANCE AMENDING CHAPTER 11A OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, (BEING ORDINANCE NO. 4879, THE ELECTRICAL CODE), BY AMENDING SECTION 11A-5 THEREOF TO PROVIDE FOB ADOPTION OF THE 1968 EDITION, NATIONAL ELECTRICAL CODE AS A STANDARD; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-291-746 Mr. Charles Maedgen of Lubbock National Bank appeared before the City Council in regard to a (10) street use license for landscaping on Main Street, Avenue J and Texas Avenue in the vicinity of Lubbock National Bank, located at 916 Main Street. Motion was then made 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 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 LUBBOCK NATIONAL BANK, 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 Council this 14th day of August, 1969. ATTEST i LAVENIA LOWE, City Secret ry-Treasurer APPROVED: /s/ Fred 0. Senter.,Jr._ Fred 0. Senter, Jr., City Attorney STREET USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK I This indenture made this 14th day of August, 1969, between the CITY OF LUBBOCK, Texas, a Home Rule Municipality, hereinafter called "City"•and the LUBBOCK NATIONAL BANK, a National Bank- ing Corporation, hereinafter called "Grantee". Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas does hereby grant unto Grantee the right, privileges and license to construct, occupy and maintain the uses stated below to be located within portions of Texas Avenue, Main Street, and Avenue J abutting Lots 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, Block 103, Original Town, Lubbock, Lubbock County, Texas, as more particularly shown and described on the drawing hereto incorporated and made a part hereof. The uses permitted under this license are described as the installation and/or construction of planter boxes, trees, concrete block screening walls, exposed aggregate concrete and brushed concrete sidewalks as shown in the attached drawing. (1) Grantee shall be responsible for the pruning and/or shaping of the trees planted in or immediately adjacent to the public right of way covered in this license, to insure that the alleys, sidewalk areas and streets remain free of -obstruction so as not to obstruct ingress and -egress and passage through these public areas. (2) The maximum tree height of those trees planted on Main Street and Texas Avenue and adja- cent to the east -west alley between Texas Avenue and Avenue'J shall be limited to twenty- five (25) feet to prevent interference with overhead utility lines. (3) Construction in the public right of way covered by this license shall not begin until such time as the City of Lubbock has completed necessary modifications to the storm drainage system at the intersection of Main Street and Texas Avenue, and Main Street and Avenue J. (4) Curb and gutter sections, and curb and gutter and sidewalk grades shall be as specified by the City Engineer. (5) The City reserves the right to install or remove traffic control signs or devices, park- ing control signs, parking meters, or any other item incident to the control or regula- tion of traffic and normally installed in the street right of way. (6) 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. (7) Grantee shall pay to the City as a compensation for such grant the sum of FIVE AND NO/ 100 DOLLARS ($5.00) per year for the duration of this license, with the first year payable on execution of this instrument and a like sum payable on January 1st of each succeeding year for the duration of this license. (8) Payment of the annual fee provided above, except the initial payment, 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 by the City to Grantee and upon failure of Grantee to pay such fee within thirty (30) days from receipt of such notice, the City shall consider such non-payment as a default in this license, and the City Council shall determine whether suchlicense shall be considered forfeited and may elect to demand vacation by Grantee. (9) Prior to any construction as authorized by this license, the Grantee shall submit to the City Engineer plans and specifications for the construction to be done, and the Grantee shall not commence construction until such plans and specifications are approved by the City Eggineer. (10) The Grantee agrees to pay all costs arising out of the exercise of -the license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. (11) In the event the City determines that the existence of such use interferes with or causes the re-routing or re -alignment 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. (12) This license is not transferable bfy the Grantee without first receiving the written consent (13) 4i1h'Iic r�eM4zq_a'%eBe jcc�� cite coin i�ion that should the Grantee exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of.the above set out property, then and in that event said Grantee, its successors and assigns, will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants, and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted herein. City, at its option, may require an agreement with any contractors hired by Grantee to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the 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, when engaged in the construction., repair or maintenance permitted herein, to furnish, without expense to City, a reliable surety bond, in an amount and in the form satisfactory to said City, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability and property damage insurance within limits specified by, and in a form satisfactory to, said City, covering the contractual liability assumed by contractor in said agreement with City. The City agrees to give notice to Grantee prior to incurring any costs or expenses or the payment of any such claims or demands in order to give Grantee a reasonable opportunity to settle or adjust the same. .(14) At such time as -this license should be canceled or revoked for any reason, before or after the expiration of the primary term, the improvements that are permitted under this license shall be removed by the Grantee and the property restored to its original condi- tion at no cost or expense 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 improvements and the expense incurred shall be assessed against Grantee for which Grantee shall be liable. (15) All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the.parties hereto to the same extent and effect as the same are binding upon and .inure to the benefits£ the parties hereto, but no assignment hereof by the Grantee,its successors or assigns shall be binding upon the City of Lubbock with- out the consent of the City of Lubbock in each instance, except as specified in Paragraph (12). I I (16) Grantee, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and Grantee waives any and all claims in and to the public way it is AUG 14 r 69-28-293-747 (43) r permitted to use hereby and agrees to give peaceful possession of said o:nu.,.ty covered herein upon termination or cancellat - ATTEST- LAVENIA LOWE, CieSecre ary-Treasurer AGREED TO AND ACCEPTED this day of 1969. LICENSEE: THE LUBBOCK NATIONAL BANK ATTEST: APPROVED: FRED 0. SENTER, JR., City Attorney APPROVED.: SAM WAHL, Director of Public Works -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 ACCEPTING GRANT OFFER AND APPROVING AND ENTERING INTO GRANT AGREEMENT AND DECLARING AN EMERGENCY BE IT RESOLVED by the Mayor and Council of the City.of Lubbock, Texas; SECTION 1. That the Mayor and Council of the City of Lubbock, Texas, shall and they do hereby accept a Grant Offer of Federal funds as made by the Area Manager, Albuquerque Area, Federal Aviation Administration, transmitted by letter dated 29 July 1969,for the purposes therei 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 Applica- tion, and do hereby acknowledge such instruments as constituting a solemn and binding agreement with the United States Government, for the purpose of obtaining Federal aid in the development of the West Texas Air Terminal of Lubbock, and that such agreement shall be as set forth herein - below. SECTION 2. That the Mayor of the City of Lubbock, Texas, is hereby authorized and directed to evidence said City's agreement by affixing his signature to such agreement which is hereby executed in quintuplicate, and the City Secretary -Treasurer is hereby authorized and directed to impress the official seal of the City of Lubbock, Texas, thereon and to attest said execution. SECTION 3. That the Grant Offer referred to hereinabove shall be as follows: FEDERAL AVIATION AGENCY GRANT AGREEMENT Part 1-Offer Date of Offer 29 July 1969 West Texas Air Terminal of Lubbock Airport Project No. 9-41-071-7014 Contract No. DOT FA 70 SW 1051 TO: City of Lubbock, Texas (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Agency, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA, a Project Application dated 29 May 1969, for a grant of Federal funds for a project for development of the West Texas Air Terminal of Lubbock Airport (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 "Projec- consisting.of the following -described airport development: Reconstruct and mark north 2000'of runway 17R-35L; strengthen and mark south 6500' of runway 17R-35L. all as more particularly described in the property map and plans and specifications incorporated 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 and ratification of the representations and assurances contained in said Project Application, and its 94 141969 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 of 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.percent' 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 $393,314. 2. The Sponsor shall: (a) begin accomplishment of the Project within one hundred eighty (180) days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder 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 Regulations of the Federal Aviation Agency (14 CFR 151) in effect as of the date of acceptance 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 specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 151.41 (b) of the - Regulations. 4. Payment of the United States share of the allowable project costs will be made pursuant 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 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 opera- tion 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 the costs of the Project unless this Offer has been accepted by the Sponsor on or before 16 September 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 24 September 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 151.54(d)(1), Part 151, Federal Aviation Regulations. (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 of Government. (d) Cooperate actively with the FAA and the Secretary of Labor in obtaining the com- pliance 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 dis- charge of its primary responsibility for securing compliance. (f) Refrain from entering'into any contract orscontract modification subject to Execu- tive Ordei No. 11246 with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally assisted construction contracts 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 subcontractors by the FAA and the Secretary of Labor pursuant to -Part II, Subpart D of Executive Order No. 11246; and ;n thP Pvpnt_ that the sponsor fails or refuses to comply with its undertakings,_ AUG 1 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 11246 until satis- factory 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 Federt 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 Regulatic of the Federal Aviation Agency (14 CFR 151) will also be available 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 an i lieu of the phrase "Section A of FAA Technical Standard Order No. N18, or Advisor] .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 nondiscrimir 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 Sponsor by Leroy Hanes, Acting Director of Aviation, under date of 29 May 1969, are hereb} incorporated into this Grant Agreement. (d) It is mutually understood and agreed that the.Plans and Specifications approved ar dated 10 April 1969 by the Chief, Airports Branch, Albuquerque Area Office, are hereby made a part of this Grant Agreement. (e) It is understood and agreed by the parties hereto that the Property Map, Exhibit "A" made a part of this Grant Agreement is the Property Map, Exhibit "A" for Pro- ject No. 9-41-071-C913, dated 13 December, attached to the Project Application. 10. Notwithstanding the provision of Paragraph 3, Part III, of the Project Application, the Sponsor - (a) 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(a)) at the airport, or at any other airport now or hereafter owned or controlled by it; (b) Agrees that, in furtherance of the policy of the FAA under this covenant, unless authorized by the Administrator, it will not, directly or indirectly grant or permit any person, firm, or corporation the exclusive right at the airport, or at any other airport now or hereafter owned or controlled by it, to conduct any aeronautical activities, including, but not limited to, charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aeria advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any.other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity; (c) Agrees that it will terminate any existing exclusive right to engage in the sale o gasoline or oil, or both, granted before 17 July 1962, at such an airport, at the earliest renewal, cancellation, or expiration date applicable to the agreement that established the exclusive right; and r r (d) Agrees that it will terminate any other exclusive right now existing at such an airport before the grant of any assistance under the Federal Airport Act. 10. Pursuant to Paragraph 9, Part III of the Project Application dated 29 May 1969, the Sponsor hereby covenants and agrees to furnish the Federal Government without cost, wit four months after 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 o the airport of the structures 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 buildings for construction occupancy and use and:the right to connect to existing utilities and to be 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 in 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 herein shall in any way affe the rights of the United States or obligations of the Sponsor under prior Grant Agree- ments to furnish rent-free space for the activities specified in such prior Agreements nor shall anything contained herein be construed as obligating the Federal Government to construct, occupy or operate a control tower or flight service station at the airpor 16 141969 11.- Notwithstanding -the provisions of Special Condition 8 hereof, 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 1 The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof,•as defined in the regulations of the Secretary 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, con- tract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the'per£ormance 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 affirmative 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 advertis- ing; layoff or termination; rates of pay or other forms of compensation; and selection for train- ing, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, -state that all qualified applicants•will receive consideration 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.' (4) The contractor will comply with all provisions of Executive Order 11246 of 24 September 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 11 of 24 September 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 prodedures authorized i-n-Executive Order 11246 of 24 September 1965, or by rule, regulations, 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 24 September 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 employmentpractices 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 dontract. The applicant agrees that it will assest and cooperate actively with the administering agency and the Secretary of Labor'in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, andrelevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of -Labor such information as they may req)jire for the supervision of such compliance, and that it will otherwise assist the adminis- tering agency-iti the discharge bf 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 24 September 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 occured until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate El El I I c 14 Avg 14 r f F P'% fl legal proceedings. 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 herein- after provided, and said Offer and Acceptance shall comprise a -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 useful 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, Texas, does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby acdept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this 14th day of August, 1969. (SEAL) Attest; Isl Lavenia Lowe Title: Lavenia Lowe City Secretary -Treasurer CERTIFICATE OF SPONSOR'S ATTORNEY CITY OF LUBBOCK TEXAS (Name of Sponsor) By /s/ W. D. Rogers, Jr. Title W. D. ROGERS,_JR., Mayor I, Fred 0. Senter, Jr. acting as Attorney -for City of Lubbock, Texas, .(herein referred to a the "Sponsor") do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto and find that the Acceptance thereof by said Sponsor has been duly authorized an that the execution thereof is in all respects due and proper and in accordance with the laws of t State of Texas, and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at Lubbock, Texas, this 14th day of August; 1969. /s/ Fred 0. Senter, Jr. ^� Title Fred 0. Senter, Jr. City Attorney SECTION 4. For the preservation of the public peace, health, and safety, an emergency is hereby declared to exist by reason whereof this Resolution shall be in full force from and after its passage and approval. PASSED AND APPROVED by a majority vote of the Council of t W.,City £ bbock, Texa and approved by me this 14th day of August, 1969. i ATTESTlj W. D. ROGERS, JR., Ma : _. i Approved: Lavenia Lowe, City Secre ary-Treasurer /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 69-28-297-748 Rev./ 5heaxts appeared before the City Council requesting waiver of sidewalk regulations at 7002 (58) Canton Avenue. After consideration of all information presented, Motion was made by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor•Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that this request be denied. 69-28-297-749 Mr. Tom Clinton, attorney, appeared before the City Council representing Dr. and Mrs. Harvey (41) Pruitt in an effort to determine -what would be required by the City Council to continue operation of the day care facility operated by Dr. and Mrs. Pruitt located at 4408 38th Street. Mr. Cecil Turquette, Building Inspector, and Fire Marshall A. C. Black appeared before the City Council in connection with this building being operated as a day care nursery. After further discussion, 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, that the following letter be mailed to Dr. and Mrs. Pruitt, said letter setting out the require- ments to bring the building located at 4408 38th Street up to a condition so that it can continue to be used as a day care nursery.. Dr. and Mrs. Harvey Pruitt 4401 38th Street Lubbock, Texas Dear Dr. and Mrs. Pruitt: tM 1 41969 The City Council, on August 14, 1969, granted you permission to continue the operation of a child-care facility at the above address upon the following conditions and with the requirement that the entire'structure, or -the portion used as a child-care facility'. must meet the minimum standards -set -.forth in the Uniform Building Code, Electrical Code, Plumbing Code, Mechanical Code and any other pertinent Codes -of the City of -Lubbock. This compliance must be met no later than 180 days from August 14, 1969: The conditions which must be met to permit such continued operation are: 1. 'The ground floor of the building must immediately have installed panic hardware, doors, fire escapes or whatever the Fire Marshall determines is necessary to make the building safe for this type of occupancy now. In addition, the storage of unsafe items such as paint and rubish must be eliminated at once. 2. The use of the second floor must stop immediately and is not permitted until the second floor complies with the standards of all pertinent City Codes and the Uniform Building Code, in particular applicable to a child-care Day -Nursery. 3. The second floor must be modified, remodeled or repaired to meet the standards of the Uniform Building Code and all pertinent Codes of the City. 4. Upon the second floor meeting the standards of the City Codes, the second floor may be used -for this facility and the first floor -shall not be used until all necessary repairs and modifications are made to the first floor to make it comply with the Uniform Building Code and all other Codes applicable to child-care Day -Nursery. 5. The first floor must be modified, remodeled or repaired to meet the standards of the Uniform Building Code and all pertinent Codes of the City. 6. The first and second floors may both be used for this child-care facility when both floors meet all requirements of the Uniform Code with children above the age of three years being permitted on the second floor. 7. The operators of this child-care facility shall mail a letter immediately to the parents of every child in such facility giving notice that the'City. Council has granted 180 days for the building to comply fully with the required standards_ A copy of this letter shall be filed with the City Attorney, - 8. The operators of this facility shall notify immediately, in writing, the carriers of insurance on this building that the building does not, in its present condition, meet the requirements of certain Codes for use as a child-care facility and that the City Council has granted 180 days to meet these Code standards. A copy of this letter shall be filed with the City Attorney. 9. A copy of this letter shall be posted in a prominent place in the child-care facility and kept there -during the 180 day period. Attached hereto you will find a list of items which Mr. A. C. Black has suggested as being the minimum alterations for the first floor to use it temporarily until the second floor is completed for occupancy. Yours sincerely, I s/ W. D. Rogers, Jr. W. D.-Rogers, Jr., Mayor 69-28-298-750 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, to authorize that additional inlets and lateral storm sewer lines be constructed in the downtown area; also reconstruction of certain inlets and lines where it is necessary in order to utilize downtown sewers that have been relieved by the construction of Avenue R storm sewer. 69-28-298-751 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (24a) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize preparation of plans and specifications for an approximate 10' in diameter storm sewer in Avenue R from 18th-Street north to the canyon immediately north of Cornell Street. 69-28-298-752 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 future paving assessment projects be determined upon 50% of the property on footage basis or 50% of the property — owners petition the City that paving be constructed. The Director of' Public Works to continue to show on the paving program streets considered necessary to meet drainage requirements, show traffic volume and traffic safety. 69-28-298-753 The City Council considered the request of Jamison Funeral Home for operation of ambulance (52) service and motion was made by Councilman Hollingsworth, seconded by Councilman Granberry, Motion curried, Mayor Rogers and Councilmen Granberry, Hollingsworth, and Turner voting Yea, none voting Nay, to authorize permit to be issued to Jamison Funeral Home for operation of ambulance under the conditions of the City of Lubbock Code of Ordinances. Councilman Rigsby abstained from voting on this motion. 69-28-298-754 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (40) Councilmen Granberry, Hollingsworth, Rigsby,..and Turner voting Yea, none voting Nay, that Ordi- nance No. 5729 be passed on first reading. ORDINANCE NO. 5729 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY ADDING TO CHAPTER 19 THEREOF A NEW ARTICLE III, ENTITLED "MOTION PICTURES"; PROVIDING FOR THE ADOPTION OF A RATING w � | � | / * 0 ' AUG 14 1f Li L L—� THEATER; PROVIDING FOR RATING OF FILM NOT RATED BY THE MOTION PICTURE ASSOCIATION; DEFINING OFFENSES RELATEiD 10 THE EXHIBITION OF FILMS RATED "RESTRICTED" AND "PERSONS UNDER 18 NOT ADMITTEL INCLUDING OFFENSE OF PERMITTING SUCH FILMS TO BE VISIBLE FROM PUBLIC STREET WHEN EXHIBIT AT OUT- DOOR THEATER; PROVIDING FOR PENALTIES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-299-755 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (59) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize approval of speed limits on Loop 289 as recommended by the Texas Highway Department as shown on the following map and pass Ordinance No. 5730 on first reading. ORDINANCE NO. 5730 AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF PRIMA FACIE SPEED LIMITS FOR ALL VEHICLES_ON PORTIONS OF LOOP 289 , A PUBLIC STREET, WITHIN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT ALL STREETS AND HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIOP HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCE EXCEPT THUSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. (Map set in on opposite page.) NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, AUGUST 14, 1969. ATTES : 1AVkNIA LOWE, City[Secretary-Treasurer READ AND APPROVED THIS -THE 28TH DAY OF AUGUST, 1969. ATTE IA ENIA LOWE, City Secretary -Treasurer