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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/18/1969426 DEC 1 S 1969 69-28-426-1119 (1) 69-28-426-1120 (2) 69-28-426-1121 (3) December 18, 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 Manager W. R. Blackwell, City Attorney Fred 0. Senter, Jr., Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. Absent: None The invocation was given by Director of Public Services Al Couch. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize approval of City Council Minutes - Regular Meeting held December 11, 1969. 69-28-426-1122 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (6) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5797 be passed on second and final reading. ORDINANCE NO. 5797 AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON BOTH SIDES OF INDIANA AVENUE BETWEEN 19TH STREET AND 34TH 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 STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. 69-28-426-1123 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (7) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5799 be passed on second and final reading. I� ORDINANCE NO. 5799 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1639: CHANGE LOTS 6, 7 AND 8, BLOCK 11, SOUTHSIDE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO AN "M-1" ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-426-1124 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (8) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5800 be passed on second and final reading. ORDINANCE NO. 5800 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: MOBILE HOME PARK IN ZONE CASE NO. 1640: CHANGE A TRACT OF LAND OUT OF SECTION 77, BLOCK A, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-426-1125 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (13) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF NORTH UNIVERSITY AVENUE AS LISTED BELOW. WHEREAS, the City of Lubbock heretofore passed various street improvement resolutions and the Texas Highway Department has entered into contract with Western Pavers, Inc. for the making and construction of the outermost curb and gutter improvements on portions of North University Avenue in said city including the following: North University Avenue from its intersection with a line 40.00 feet South of the South Property Line of Kent Street (West Leg) to its intersection with the North End of Radius on the North Side of Loop 289, known and designated as Sub -Unit 1 of Unit 2201. AND WHEREAS, the improvements upon said portions of the abovementioned highway have been inspected and found to have been -constructed in accordance with terms of said contract. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned highway be and the same are hereby accepted. V DEC 18 19 II. This resolution shall take effect and be in force PASSED AND APPROVED THIS 18TH DAY OF DECEMBER, 19( ATTEST: LAVENIA LOWE, City Secretkry APPROVED: s •Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: /s/ Fred 0. Seater, Jr. _ Fred 0. Senter,^Jr., City Attorney 69-28-427-1126 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (15) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5801 be passed on first reading. ORDINANCE NO. 5801 AN ORDINANCE ABANDONING AND VACATING A TRANSFORMER PAD -EASEMENT LOCATED ON LOT 229, TRACY HEIGHTS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY; TEXAS, AS MORE PARTICULARLY DESCRIBED HEREIN AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE VACATING AND ABANDONMENT OF SUCH TRANSFORMER PAD EASEMENT AS AFORESAID. 69-28-427-1127 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (18) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION BE -IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a CONTRACT for the use of the Estacado Baseball Field between the City and the Lubbock Independent School District attached herewith which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein detail. Passed by the City Council•this 18th day of December, 1969 W. D. RGERS; J$. , o ATTES , !mil!//e� _ LAVENIA LOWE, City Secre ary-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. Fred O.-Senter, Jr., City Attorney THE STATE OF TEXAS ) COUNTY OF LUBBOCK )' ESTACADO BASEBALL FIELD AGREEMENT WHEREAS, LUBBOCK INDEPENDENT SCHOOL DISTRICT, is the owner of a 53.079 acre tract of land i out -of -Sections One (1) and Seventy -Seven (77), Block A, Lubbock County, Texas; AND WHEREAS, CITY OF LUBBOCK, TEXAS has recognized the need for adequate recreational facilities in the area of said School District land; AND, WHEREAS, CITY OF LUBBOCK and LUBBOCK INDEPENDENT SCHOOL DISTRICT have jointly considere< and agreed that substantial savings to the public will result in joint development and use of the baseball field area situated on said tract of land; NOW, THEREFORE, this Agreement is made and entered into between CITY OF LUBBOCK, TEXAS, a municipal corporation, hereinafter called "CITY", and-LUBBOCK INDEPENDENT SCHOOL DISTRICT, a municipal corporation, herein called "SCHOOL"; W I T N E S S E-T H` 1. That for and in consideration of the mutual keeping of the covenants and agreements herein contained upon the part of City and School, School does hereby lease and let to City for a period of fifteen-(15) years, commencing on the date -of execution of this Agreement, (and subject to review and termination at the request of either City or School'at any time after five years) the following tract of land, to -wit: iAn area of approximately 500 feet by 500 feet which is presently fenced and used as a base- ball field, adjacent to Estacado High School and being out of a 53.079 acre tract out of Sections One (1) and Seventy -Seven (77), Block A, Lubbock County, Texas; and said 53.079 �: acre tract being described by metes and bounds as follows: _28 C 18 199� BEGINNING at a point 84.18 feet N 00 14' 30" W, of the Northeast Corner of Section 1, Block A, and the Southeast Corner of Section 77, Block A, for the Southeast and beginning corner of this tract; THENCE S 890 45' 30" W, 380.78 feet to an iron pin found for a corner of this tract; THENCE S 00 14' 30" E, at 84.18 feet pass the South line of Section 77, and the North line of Section 1, continuing for a total distance of 386.41 feet to a 1" iron pipe set for a corner of this tract, which corner is also the beginning point of a curve to -the Southwest, whose radius is 295.6 feet; THENCE Southwesterly around the arc of a curve to.the left of radius 295.6 feet, an are distance of 129.58 feet to a point; THENCE S 640 38' 30" W, 734.15 feet to a 1" iron pipe set for a corner of this tract; THENCE N 250 21' 30" W, 200.0 feet to a point, said point being the beginning of a curve to the left of radius 1588.7 feet; THENCE around the arc of a curve to the left of radiup 1588.7. feet, an are distance of 397.9 feet to a point; THENCE N 390 42' 30" W, crossing the North line of Section 1, and the South Line of Section 77, and continuing for a total distance of 343.18 feet to a point, said point being the beginning of a curve to the right of radius 1588.7 feet; THENCE around the arc of a curve to the right of radius 1588.7 feet, an arc distance of 397.9 feet.to a point; THENCE N 250 21' 30" W, 200.0 feet to a 1" iron pipe set for a corner of this tract; THENCE N 640 38' 30" E, 935.11 feet to a point, said point being the beginning of a curve to the right of radius 897.82 feet; THENCE around the arc of a curve to the right of radius 897.82 feet, an arc distance of 203.71 feet to a point, said point being the point of intersection of this curve and the North property line of this tract; THENCE N 890 45' 30" E, at 188.46 feet pass the end of the above described curve, and con- tinuing for a total distance of 943.56 feet to a point, the Northeast corner of this tract; THENCE S 00 14' 30" E, along the East line of Section 77, 1034.0 feet to the PLACE OF BEGINNING, and containing 53.079 acres of land. This Lease may be extended for a like period by agreement of the parties. 2. During the time School is in session, that is, beginning in September of each year, and ending approximately June lst of the following year, School shall have complete use of the area for recreational and educational purposes except the City may use the facility at night when there is no scheduled school use. School shall have the right to exclude the general public therefrom and to exercise exclusive control of the use of the area for such periods of the day as shall be determined by the School Superintendent to be necessary. In other words, it is contemplated hereby that the area being leased will at all times be available for normal school activities when school is in session and at such other times as the school may normally require use of the premises for school activities. During the summer months, that is, generally June, July and August, City is to have complete use of the area for park and recreational purposes. 3. City agrees that as to the premises herein leased, it will landscape and develop said property in accordance with plans approved by City and School or a committee designated by City and School for such purposes. 4. The parties hereby agree that costs of installation of the hereinafter described facilities will be shared on a 50-50 basis: a. School has installed the sprinkler system at a cost of $5,106.00. City has installed a fence at a cost of $4,000.00. It is agreed between City and School that the cost of fence installation will be credited against the cost of sprinkler system installation, leaving a difference to be born by City of $1,106.00. b. City has prepared the infield with rock dust, purchased and installed the bleachers and built the press box and concession stand at a total cost of $12,581.14. School has paid City its one-half of such costs amounting to $6,290.57. c. Any additional costs which may be incurred, by mutual agreement of the parties, will be shared on a 50-50- basis. d. City will, when need exists, and funds are available, equip the area with lights at its cost and expense. 5. During school months as hereinabove outlined, School is to have complete control and use of the concessions situated on the premises and is.hereby given the right, power and authority to make such arrangements with concessionaires -as it deems to be for the best interest of the School. During the summer months, the City shall have like privileges and rights. 6. No permanent buildings or other structures will be erected upon the leased premises, other than as hereinabove outlined, without the prior written consent of the School. 7. City agrees to inspect and maintain the grounds in good condition at all times during the term of this lease. The time and hours for maintenance. work of the property leased will be 4` DEC 18 coordinated-with.school activities so as not to conflict. 8. Upon any termination of this Lease, prior to the end of the -term hereof, School and City will agree upon an equitable and reasonable amount to be -paid to the City'by the School for City interest in permanent improvements which may be used by the School -in its - program (expressly excluding any such improvements or facilities which are not generally used in the school system a: a whole). If City and School cannot agree upon the amount to be paid to City, then it is agreed that,the amount to be paid to the City shall be submitted to arbitration as provided by State law: with the right to appeal reserved to each party. In the event this Lease should not be terminates prior to the end of the primary term hereof (that is, the end of such fifteen year period) then and in such event, any improvements made on the property shall remain with the property at no cost -or expense to the School.. 9. As a part of the consideration for this agreement, School agrees that it will pay all water charges incurred on the premises herein leased, and City agrees that it will pay all electrical charges likewise incurred by use of the premises. 10. School agrees that during the period of its use of the property under Lease, it will request its proper personnel to inspect all,grounds•used"by students during school hours, and to immediately report any condition existing on the leased property which is dangerous or could become dangerous to any person using or to use the premises leased. Upon being notified of any such condition, City will -promptly respond and take such remedial.measures as the circumstances require. Nothing herein stated shall place any duty upon the School to inspect and report nor create any additional obligation, liability or responsibility beyond that which the School Distric already has, if any, to maintain its school grounds in a normally safe condition. 11. It is intended that this instrument is written subject to all legal provisions and shoulc a court of competent jurisdiction declare any word, phrase, clause, sentence or paragraph as beinj invalid for any reason, that it is the intention of the parties that the remaining provisions shall remain in full force and effect. 12. Should any controversy arise in the administration of this agreement and which substan- tially affects the purposes and terms hereof, it shall be submitted to the parties for considera- tion. EXECUTED This 18th day of December, 1969. CI7 By: ATTEST i LAVENIA LOWE, City Secr ary-Treasurer LUBBOCK INDEPENDENT SCHOOL DISTRICT By: /s/ Dr. James M. Reynolds President, Board of Trustees ATTEST: /s/ Watson Carlock Secretary .69-28-429-1128 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (19) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the appointment of Buddy Ramsel to replace Cecil Jennings, and W. G. McMillan to replace Byron Martin as members of the Board of Electrical Examiners for three year terms, terms to expire January 1, 1973. This is a seven member board; other members being: Winston Brown, Robert E. Stanford, Jimmy Wallace, B. K. Jenkins and Gene Colville.. 69-28-429-1129 Motion by Councilman Rigsby, seconded by Councilman Granberry; motion carried, Mayor Rogers and (20) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the appointment of Mrs. C. F. Cooke, Jr. as a member 9f.the Cemetery Board for a five year term, term to expire January 8, 1975. Mrs. Cooke is replacing Whit Victory. This is a four member board; other members being: Mrs. Garland Newsom, Mrs. Dick Wagnon, and Mrs. Fern Cone. 69-28-429-1130 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (21 Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the appointment of Don Meador as a member of the Plumbing Board for a five year term, term to expire January 1, 1975. Mr. Meador is replacing H. R. Bundock. This is a five member board: other members being James E. Smith, R. S. Anderson) Joe Miller and Chester Privitt. 69-28-429-1131 Motion by Councilman Rigsby, seconded,by Councilman Granberry, motion carried, Mayor Rogers and (22) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the appointment of Joe D. McKay to. fill the unexpired :term of Robert E. Rapier, term to expire December 19, 1970. This is a five member board; other members being H. S. hicks, Theo R. Phea, Jr., Dan Law, and John L. Miller. This is the Housing Standards Commission. 69-28-429-1132 The City Council considered the claim of Bryan Stratten dba-Sizz'lin Sirloin in the amount of (24a) $256.78.for'sewage backup at 1212 50th Street. After consideration of all information presented, 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 deny this claim -for property damage. 69-28-429-1133 The City Council considered the claim of Grady Evans for damage to his automobile while parked (24b) at Lubbock Municipal Airport in the amount of $84.55. After consideration of all information presented, motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, 130 )EC 18 1989 69-28-430-1134 The City Council considered:the.claim of George Gandy of 5410 49th Street in the amount of (24c) $92.75 for sewage backup. 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, to deny this claim for property damage. 69-28-430-1135 Bids as follows were -received for lease of City of Lubbock dry land farms for one year. 93.15 (25) acres southwest of the state school and 92'acres south of Loop 28-9, being Bid No. 1025. Bid Tabulation set in.Bid Book. After consideration of all bids received, motion was made by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting -Nay, to authorize acceptance of the -bid of W. R. Butcher for lease of City of Lubbock dry land farms and pass the following resolution. 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 RENTAL CONTRACT issued to W. R. BUTCHER attached here- with which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully cppked herein in detail. Passed by the City Council this 18th day of December, 1969. ATTEW�koov; i LA IA LOWE, City Secretary -Treasurer. APPROVED: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney RENTAL CONTRACT THE STATE OF TEXAS X COUNTY OF LUBBOCK X W. D. - ROGERS, _JR'. , THIS AGREEMENT entered into this 18th day of December, 1969, betwedn the City of Lubbock, a Home Rule Municipal Corporation in Lubbock County, Texas, hereinafter called Lessor, and W. R. Butcher, hereinafter called Lessee. WITNESSETH: FIRST -- Upon the terms and conditions herein contained, Lessor hereby leases to Lessee for the one crop season year beginning January 1, 1970, and ending not later than December 30, 1970, the following lands and premises in Lubbock County, Texas, to -wit: TRACT A: BEGINNING at a point which is 4517.02 feet South of the Northwest corner of Section 12, Block A, Lubbock County, Texas; THENCE East 2050.0 feet; THENCE North 600.0 feet; THENCE East 90.8 feet; THENCE North 848.62 feet; THENCE East 100.0 feet; THENCE North 776.73 feet;. THENCE West 1300.0 feet; THENCE South 475.33 feet; THENCE West 32' 40' 45" South 1115.86 feet; THENCE South 1150.0 feet to point of BEGINNING. 93.15 acres more or less. The above described tract of land contains TRACT B: All of that portion of the Southeast one quarter of-Section-5, Block A, Lubbock County which lies South of Loop 289, containing'92.0 acres more or less. ii F1 Ll 1 SECOND (a) - Lessee agrees to prepare, plant and cultivate all tillable land in a farmer - like manner in due time and season; to keep down all noxious weeds and -grasses and prevent their seeding and spreading with the same precaution that any prudent farmer would exercise in the care of his own field., and to allow no volunteer crop of any kind to mature on said land. (b) Lessee agrees that none of the -tillable land will be allowed to lie out or be DEC 18 19 fl . .(c) Lessee agrees that if he, for any reason, fails to plant any crop or crops, in due.time and season, or if planted or replanted and the crop be destroyed by the elements or otherwise fails to develop a stand which could be reasonably expected to mature into a profitable crop, such acreage shall revert to Lessor absolutely, unless Lessee notify Lessor in writing as soon as such condition -reasonably can be determined, and obtains the consent of Lessor to plant such acreage in such -crops as may be mutually agreed upon, such consent of Lessor to be in writing signed by its City Manager of Lubbock, Texas. (d) It is further agreed. that as the crops are gathered from any of said land during the final year of this lease, Lessee will surrender possession of -such portions thereof, so that Lessor or any future tenant may enter upon said land and .prepare it for cultivation for the follov ing year; and that no crops which would not ordinarily be harvested before the termination of thi. lease shall be planted without the consent of the Lessor in writing signed by the City Manager at Lubbock, Texas, and any crops growing on said premises in violation of this provision shall revert to Lessor as its absolute property, together with any plowing or work done by Lessee without the written consent of Lessor as above provided. THIRD - Lessee agrees to pay Lessor-.as'rent forty per cent (40%) of all the cotton and cotton seed raised on said remises and fort per cent 40� of all crops, p ! p y p ( } grain cro s such crops shall be delivered to Lessor in Lubbock or at the nearest shipping point at the request of the City Manages free of all charges as herein provided. In addition, the Lessee shall pay to Lessor forty per cent (40%) of all payments received from the United States Government for Lessee's participation in United States Government sponsored agricultural programs. r FOURTH - Lessee agrees to harvest and conserve.Lessor's share of the crops in a farmer -like manner; to head, gather and'deliver all mature maize, hegari, kaffir and similar grain sorghums, and corn, to Lessor at a place designated by Lessor's City Manager; all immature crops of maize, 1raffir, hegari, corn, oats and other crops cut and bound but not to be threshed, to be stacked in a farmer -like manner on the premises unless Lessor agrees to take delivery of all or part of such bundled crops in shocks in the field, to harvest wheat.and other small grain crops, bear all expenses incident thereto and deliver same to elevator or store -houses designated by Lessor in the nearest town or shipping point on the railroad,•free of -all charges, and deliver proper receipts therefor in the name of Lessor to Lessor or its agent; to.gather and haul all cotton to the gin at the expense of Lessee and cause same to be ginned, at any gin within the corporate limits of the City of Lubbock, the expense of ginning the rent cotton to be paid by Lessor; to apply the rent seed to cost of -ginning the rent cotton and account for any surplus to Lessor; to take proper stgrage. receipts in the name of Lessor covering all rent.cotton and cottonseed and deliver such receipts promptly to Lessor or its agent. FIFTH - Lessee agrees and covenants to keep all fences, windmills, buildings, and other improvements in as good condition as they are in at the time of entry, the usual wear and tear .and injury or damage by fire not the.xesu•lt of the negligence of Lessee or his agents and the elements or act of God excepted. And if the buildings be destroyed or so.damaged that they canno- be repaired except by substantially rebuilding them Lessor shall be under no obligation to rebuilt or repair said buildings. No alterations in the buildings or improvements shall be made and no substantial improvements shall be placed on the premises by Lessee without the written consent of Lessor, it being agreed that any improvements placed on the premises contrary hereto shall become the property of Lessor and shall not be removed by Lessee, in whole or in part. SIXTH - Lessor reserves the right to go upon said premises at any time and to survey, lay off contour line,,build terraces and drill wells, construct and maintain water and other utility lines, and to make any improvements it sees fit, and should Lessee fail or refuse to properly tend, cultivate and harvest the crops on said land, Lessor shall have the right to enter upon sail land and hire sufficient labor for that purpose, the cost of which shall be repaid to Lessor out of the portion of the crops belonging to Lessee. Lessee shall not sublet said premises, or any part thereof, without the written consent of Lessor, and should Lessee abandon said premises, or sell or attempt to sell any part of the crops before they are matured or harvested, all of his interest in all said crops shall be immediately forfeited to Lessor, and Lessor shall have the right to enter upon and take possession of said premises and handle same -in any manner that may t it seem right and proper. SEVENTH - Lessee shall not have the privilege of pasturing or selling the stalk or stubble field for pasturage and shall not pasture any of the fields at any time during the term of this lease except with the.written consent of Lessor, and in the event that the stock are found grazin in the fields in -violation thereof, it shall be lawful for Lessor or its agent to cancel this lease and to enter said premises and remove all persons therefrom and take possession thereof as liquidated damages, and any claim for damage by virtue of such entry by Lessor is hereby expressl waived by Lessee. EIGHTH - Lessee agrees to give peaceable possession of said property at the termination of this lease in as good condition as reasonable use and wear will permit, it being the absolute intention of this lease that the same shall expire upon the date above determined, and that Lesse shall not attempt to hold over under his lease, or claim any renewal, extension or continuance of this lease, unless agreed to in writing and signed by the parties hereto, and no verbal agreement to abrogate the terms of this cause shall be binding or.admissible in evidence. NINTH - 3n case of sale of said premises during the occupancy of Lessee hereunder and pur- chaser desires possession, Lessee agrees to surrender -the same at once upon receipt by him of the actual present value of the growing crops, and the refund of the.pro rata part of the cash pay- ment for grass land, if any, according to calendar year that has passed, the value to be deter- mined by three disinterested parties, one to be selected by Lessor, one by Lessee and the two to choose a third, and their decision as to value shall be binding. TENTH - If the land covered by this contract be occupied by any one other than Lessee at the time he is entitled hereunder to enter, and said occupant refuses to deliver possession, then Lessor will use diligence to obtain possession as soon as same can be done, but if Lessor be delayed or defeated in gainingpossession,. Lessor shall not be liable to Lessee for any damages occasioned by such delay or failure to gain possession. 132 -C 181969 ELEVENTH - Lessee covenants and agrees that Lessee will not waste the lands hereby leased by dumping trash,•debris, junk-, or any foreign substance thereon or suffer, permit, allow or cause the same to be done. TWELFTH - Whenever Lessee herein covenants,• or in any manner promises, agrees, or stipulates that Lessee is to-do.any actor refrain from.doing any act, same shall be construed as a covenant and agreement made by Lessee as a condition to this lease, and in the event Lessee fails or refuses to keep and perform any such covenant and agreement of this contract in the time and manner•herein stated, Lessor shall have the right to declare this contract null and void upon 15 days written notice given. to Lessee by Lessors City Manager and enter and take possession of said"land and premises -without being guilty'of trespass and without prejudice to any other remedy it may have for'the collection of its rents or the enforcement of this contract. The failure of Lessor to exercise -any right herein granted by reason of failure on part of Lessee to keep or perform.any condition, covenant or agreement herein contained shall not be construed as a waiver by Lessor for any subsequent breach of condition, covenant, or agreement to be kept and performed by Lessee. THIRTEENTH - It is understood that this lease is made -subject to all existing easements and all rights under mineral.deeds and leases heretofore granted or assigned and recorded in the records of said County and subject to the right of Lessor to develop and explore for oil and gas and other minerals on said lands, such rights, and the right of ingress and egress over and upon said lands' in the exercise of said rights, being -therein expressly reserved to lessor, its agents, successors and assigns. FOURTEENTH - It is understood and agreed that at any time after -thirty (30) days written notice to Lessee, Lessor may enter into and upon the said premises or any'part thereof and may repossess the same as its former estate and expel -the said Lessee, and those claiming under him and remove his effects, without being taken or deemed guilty of any manner of trespass; provided, that -Lessee shall be entitled to•a reasonable amount of compensation for expenses incurred by him to the date of repossession by Lessor. FIFTEENTH - It is understood that this lease applied only to 1-and in cultivation and does not apply to land in grass and subject to grazing. All such grass land will be leased as such by separate contract. SIXTEENTH - Except as otherwise provided herein; this contract and all rights, claims and demands created thereby or resulting therefrom shall be performed at the City Hall of Lubbock, Texas. This contract shall not be binding until approved by the City Council of the City of Lubbock. SEVENTEENTH - Lessor is not to contribute in any way to the cost -or control of insects or defoliation and Lessee agrees to -hold Lessor harmless from all claims or causes of action that might arise as the result of defoliation or control of insects. ATTEST LA IA LOWE, Ciff Secre ary-Treasurer Approved by City Council this 18th-day-of December, 1969. APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 69-28-432-1136 Motion by -Councilman Hollingsworth, seconded by Councilman Rigsby., motion carried, Mayor Rogers (23) and -Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize sale of $3,105,000 General Obligation Bonds to be dated -April 15, 1970, principal due April 15,•1971 thru 1990.- Bids to be received March 26,-1970. 69-28-432-1137 Mr. Robert Fletcher appeared before the City Council to appeal the decision of the City Council (5) in regard to the claim of Jones -Roberts Shoe Store located at 1205 Broadway for water damage. Mr. Fletcher read to the City Council a list of items damaged as reported by his claim and the value of these items as*determined by Mr. Fletcher. Mr. Fletcher stated to the'City Council that the value he had placed on this merchandise was a discounted price. After consideration of this request it was unanimously agreed by the City Council that the City Attorney's office and the Finance Department make further investigation of the value of the items damaged and make a report to the City Council of their findings on January 8, 1970. 69-26-432-1138 Motion by Councilman -Hollingsworth,•seconded by Councilman Granberry, motion carried, Mayor Rogers (14) and -Councilmen Granberry; Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION G.W.O. 2993 A RESOLUTION PROVIDING FOR IMPROVEMENT OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY -OF SAID CITY AND DIRECTING PREPARA- TION OF PLANS AND SPECIFICATIONS. I El BE IT RESOLVED BY THE CITY COUNCIL -OF LUBBOCK, TEXAS, THAT: 433 DEC I s 1969 I. Public necessity exists that the following portions of streets,'highways, avenues and/or alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: E-W Between 28th and 29th E-W Between 24th and 25th E-W Between 44th and 45th N-S Between Avenue T and Sherman N-S & E-W Between Paris and Ave. Q 80th Street E Stanford E Stanford 9/side Indiana Avenue 46th Street 48th Street 7th Street II. University Elgin Hartford 3rd St. 3rd St. S &- E Avenue H N Elm Avenue N King Avenue 62nd Street Avenue A Avenue C Vicksburg Avenue Akron Flint Indiana Alley N 4th Street Paris Avenue B N Ivory Avenue N Oak Avenue 66th Street Avenue D Avenue D Toledo Avenue Said portions of streets, highways, avenues and/or alleys shall be improved by raising, grading and filling same, by installing concrete curb and gutters, by installing a ten (10) foot wide reinforced concrete strip in the alleys, reinforced concrete railroad crossings, by instal- ling storm sewers and drains where necessary, by installing a compacted caliche base, and by surfacing with five (5) course asphaltic surface treatment (Penetration type). The City Engineer is hereby directed to prepare plans and specifications for such improve- ments. IV. Such improvements in each unit shall be paid for in the -following manner: 1. Railways and street railways using, occupying or crossing any portion of said streets, high- ways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of the work in the area between their rails and tracks,.double tracks, turnouts and switches and two feet on each side thereof. 2. The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective property and a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (1) above, provided that such part of the costs assessed to the abutting property or owners thereof shall not exceed 90% of the cost of the improvements plus the cost of the curb, and further provided that if it shall appear at the hearing to be had before final assessment is made that the special benefits to such property by way of enhanced value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. 2a. The abutting property and•the owners thereof shall -be assessed for alley paving in the follow- ing manner. Alleys to be improved which are single family or two (2) family residential on both sides will be assessed for -fifty (50%) per cent of the -cost and the alleys, where there are com- mercial or semi -commercial usage or zones on one side and residential property on the other side, property used for a single family residence will not be assessed. Property used for or, if vacant, zoned for two (2) family residential purposes will be assessed fifty per cent (50%) of the cost. Property used for or, if vacant, zoned for three (3) family residential purposes or more will be assessed ninety percent (90%) of the cost as will commercial and semi -commercial property. Said owners of abutting property shall pay and shall be assessed for all the cost of constructing said alleypaving adjacent to such respective property and a part of the remaining cost of such improvements, after deducting the sum to be paid by the railways under sub -paragraph 1 above, provided that such part of the costs assessed to the abutting property or owners thereof shall not exceed 90% of the cost of the improvements, and further provided that if it shall appear at the hearing to be had before final assessment is made that the special benefits to such pro- perty by way of enhanced value thereof by means of such improvements will not aggregate such pro- portion of the cost as specified above, then there shall be.assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. 3. The remaining cost of said improvements, after deducting the sums finally assessed against railways and street railways under sub -paragraph 1, hereof, and against abutting property and the owners thereof under sub -paragraph 2, 2-a, above, shall be paid by the City of Lubbock. V. . . The amounts assessed against and to be paid by •railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paid on estimates or statements on or before ten days after acceptance of the.improvements in the unit in which the railway lies, by the City Council and shall bear interest from date due and until paid at the rate of 6% per annum on Street improvements and 7% per annum of alley improvements. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in three equal installments: the first of which shall become due on or before 20 days after completion and acceptance of the improvements in the unit on which the property 434 DEC 1 81969 and acceptance of the improvements in the unit upon which the property abuts, by the City Council, and shall bear interest from the date of completion and acceptance until paid, at the rate of six percent per annum on street improvements and sever percent per annum on alley improvements payable annually, with provisions that If default be made in the payment of any installment promptly as the same matures; then at the option of the holder of such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. VI. Assessments shall be made and levied, and shall be•a first and prior lien and personal liability for principal, interest, reasonable attorney's fees -and costs of collection, if incurred, all under and in accordance with the Charter, and amendments thereto, now in force in this city, and in accordance with the provisions of Article 1105 B Revised Civil Statutes of Texas as amended by Chapter 28.1 Acts of the 52nd Legislature, and most recent amended by Chapter 176 Acts of the 60th Legislature. VII. This resolution shall take effect and be in force frc PASSED AND APPROVED THIS 18TH DAY OF DECEMBER, 1969. ATTEST LAVENIA LOWE, City Secretary _APPROVED: s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Isl_Wilford D. Watson Wilford D. Watson, City Engineer 69-28-434-1139 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (21a) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following Resolution be passed: RESOLUTION WHEREAS, the City Council has heretofore authorized the institution of an Urban Transporta- tion Study; and WHEREAS, such Study has been -a continuing, comprehensive, cooperative planning process involving the City of Lubbock and the Texas Highway Department; and WHEREAS, such -Study has been completed and an Urban Transportation Plan has been prepared and considered; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Urban Transportation Plan, based upon the Urban Transportation Study made by the City of Lubbock in cooperation with the Texas Highway Department, BE and is hereby approved and notice -of such approval shall be transmitted to the Texas Passed by the City Council this 18th day of December, 196� ATTEST' LAVENk LOWE, City.Secret y-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 69-28-434-1140 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (16) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5802 be passed on first reading. ORDINANCE NO. 5802 AN ORDINANCE ABANDONING AND CLOSING ALL THE STREETS AND ALLEY IN THE BUSTER LONG ADDITION AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE A CLOSING AND ABANDONMENT OF ALL THE STREETS AND ALLEY; PROVIDING A SAVINGS CLAUSE AND -PROVIDING FOR PUBLICATION. 69-28-434-1141, Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (17) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize purchase of Lot 1, Block 1, Badley Addition being 2501 38th Street for University Avenue right-of- way between 34th Street and 50th Street. This purchase being for land only in the amount of $8,500. 3� DEC 18 196 r F 69-28-435-1142 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (17a) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5803 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5803 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 Bond Fund 76-6061-531 The sum $8,500.00 For the following purpose: Acquisition for right-of-way, Parcel 9, University Avenue. Property address is 2501 38th Street. The legal description is: Lot 1, Block 1, Badley Addition to the City of Lubbock, Lubbock County, Texas. Amounts as follows: $8,500.00 Land Only GWO 10655 69-28-435-1143 Mayor Rogers made the following statement: (26) "This is the final meeting for the decade of the sixties for the City of Lubbock, and I think that as we look back as citizens in this decade of the sixties, we can be most proud and grateful for the things that have come our way here in our city. This does not mean there is not a lot remaining to be done. We do have a lot remaining to be done if we are to remain in competition with other communities. I think we �ave had our share of problems, just like any community in this decade, ups and downs, and/gWfie fKPough some serious transitions, especially in the field of agriculture. I think it has been a wonderful decade and I think all should be,and I believe we all are, grateful for the bounty that has come our way. So on that note I want to wish all a Merry Christmas and a full measure of health and happiness for the year of 1970." NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, MEETING, DECEMBER 18, 1969. C-- FTWET- LAVEhIA LOWE, City'Secretary-Treasurer READ AND APPROVED THIS THE 8TH DAY OF JANUARY, 19 ATTEST• LAVE IA LOWE, City Secretary -Treasurer i