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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/24/19751'7". APR 9 1. 1975 W REGULAR CITY COUNCIL MEETING APRIL 24, 1975 The City Council of the City of Lubbock, Texas, met at 9:30 A.M: in the regular meeting place at City Hall, the following members thereof being present, to -wit: Mayor Roy Bass, Councilman Dirk West, Councilwoman Carolyn Jordan, Councilman Alan Henry, Councilman Bryce Campbell, City Manager N.B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None 75-34-177-377 The invocation was given by Sam Wahl, Director of Public Works. (1) 75t34-177-378 The Pledge of Allegiance to the Flag was given in unison by those present in the (2) Council Chamber. '75-34-177-379 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion (3) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held April 10, 1975. '75-34-177-380 Hoyt Nix, Chairman of the Board of Electrical Examiners, appeared before the (11) City Council and recommended that the 1975 Electrical Code be adopted provided that Sections 210-8 and 215-9, relating to the no-fault circuit breaker, be deleted. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West,.Jordan, Henry and Campbell voting Yea, none voting Nay to accept the recommendations of the Board and pass Ordinance No. 7068 on first reading. ORDINANCE NO. 7068 AN ORDINANCE AMENDING CHAPTER 11A OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS (BEING THE ELECTRICAL CODE), BY AMENDING SECTION 11A-5 THEREOF TO PROVIDE FOR ADOPTION OF THE 1975 EDITION OF THE NATIONAL ELECTRICAL CODE; PROVIDING FOR AMENDMENTS TO SUCH 1975 EDITION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 75-34-177-381 J. Lee Quillin, Ed Napier, representing Mr. Quillin, Don Osborne and Bill Wright (12) appeared before the City Council and requested that the proposed reservoir site for Pump Station B on North Quaker Avenue be changed. After consideration of all information presented, it was unanimously agreed by the City Council to hold this item until the May 8 City Council Meeting. 75-34-177-382 Rev. A. L. Davis, of O.I.C., appeared before the City Council and made a request (14) concerning a resolution pertaining to C.E.T.A. Manpower Program. He stated they were not asking for endorsement, but for a written instrument that they did appear, and that they be given in writing, a statement of capabilities of O.I.C. in hand- ling the C.E.T.A. Manpower Program. Discussion was had on this item, during which time Councilwoman Jordan pointed out that SPAG had originally been designated as operator for manpower programs in this area, and that SPAG had sub -contracted with O.I.C. Diana Henderson, Executive of O.I.C., also appeared stating that eligible organi- zations had been invited to make application, with the intent to apply and ad- minister C.E.T.A. funds. After consideration of all information presented, Mayor Bass stated that O.I.C. has done a superior job in administering their sub -contract, but so far as coordinating the effects in this area, it would be more logical for SPAG to con- tinue to do so; that the Council expressed faith in the integrity of the O.I.C. Board, but that their expression was not to be understood as a recommendation of change in the responsibilities of SPAG in regard to the operation of manpower programs. No further action was taken on this item. 5-34-177-383 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion (15) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7059 on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE N0. 7959 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 Park Bond Funds 1'7 ppR � 1 1935 The sum $80,000 For the following purpose: Labor and material for installation of water systems on the following parks: Jack Stevens, Bill Miller, and Earl Crow. 75-34-178-384 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion (16) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7060 on second and final reading. ORDINANCE NO. 7060 AN APPROPRIATION ORDINANCE 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: Park Bond Funds The sum $8,000.00 For the following purpose: Labor and material for installation of botanical sup- plies on the following parks: Jack Stevens, Bill Miller, and Earl Crow. 75-34-178-385 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion (17) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7062 on second and final reading. ORDINANCE NQ. 7062 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: WATER CAPITAL PROJECT The sum $64,130.00 For the following purpose: Construct well collector lines in Sandhills Well Field Materials 31,000 City's cost of installation 29,500 Engineering & contingencies 3,630 ,i30 75-34-178-386 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion (18) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7063 on second and final reading. ORDINANCE NO. 7063 AN APPROPRIATION ORDINANCE 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; FM-2641 Right-of-way 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 GWO 10892 The sum $2,040.00 For the following purpose: To relocate Southwestern Public Service Company's facilities to clear to right-of-way of proposed FM 2641. Total costs-------$2,040.00 75-34-178-387 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion (19) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7064 on second and final reading. 179 APR 2 1 197E MR ORDINANCE NO. 7064 AN APPROPRIATION ORDINANCE 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; FM 2641 Right -of -Way 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 GWO 10892 The sum $38,000.00 For the following purpose: Acquisition of Parcel No. 9 of proposed FM 2641, con- taining two tracts of land out of Section 1, Block D-3 and containing a total of 18.719 acres. Land only (award of commissioners)------------$37,500.00 Incidentials (Title Policy, Commissioners Fee, Certified Copy of Judgment)-------------- 500.00 Total 3 ,000.00 75-34-179-388 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion (20) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7065 on second and final reading. ORDINANCE NO. 7065 AN APPROPRIATION ORDINANCE 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 various funds (See below) The sum $39,000 For the following purpose: Cost incurred in connection with sale of $1,370,000 G.O. Bonds, and $6,400,000 Electric Light and Power System Revenue Bonds, Series 1975, I.E., Financial Advisory Fee, Bond Attorney's fees, preparation and mailing of prospectus, CUS1P numbering cost and bond rating fees. Actual costs to General Obligation Waterwords System Street Improvements Parks Electric Percent Amount 28.4T 3,890 47.5% 6,508 24.1% 3,302 100.0% 13,700 100.0% $ 25,300 75-34-179-389 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion (21) carried, Mayor Bass, Councilmen West,.Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7058 on second and final reading. ORDINANCE NO. 7058 AN ORDINANCE AMENDING SECTION 19-8 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WHICH PROVIDES FOR LOUDSPEAKERS AND AMPLIFIERS, BY AMENDING SUCH SECTION TO PROVIDE FOR PERMISSION FOR SUCH USE IN CITY PARKS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 75-34-179-390 Motion was made by Councilman Campbell, seconded by Councilman West, motion (22) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, Inone voting Nay to pass Ordinance No. 7066 on second reading. G.W.O. 3120 ORDINANCE NO. 7o66 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF THE FOLLOWING EAST -WEST AND NORTH -SOUTH ALLEYS LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: THE EAST -WEST ALLEY ABUTTING LOTS I THRU .� 24, BLOCK 2, UNIVERSITY PLACE ADDITION; THE. NORTH -SOUTH ALLEY ABUTTING LOTS I THRU 10, BLOCK 175, ORIGINAL TOWN ADDITION AND LOTS 1 AND 12, BLOCK 1, G.A. RUSH ADDITION; THE NORTH -SOUTH ALLEY ABUTTING LOTS 629 THRU 638, 640 THRU 645, MELONIE PARK ADDITION; THE EAST -WEST ALLEY ABUTTING LOTS 1 THRU 6, BLOCK 4, CENTRAL HEIGHS ADDITION AND LOTS I THRU 7, BLOCK 2, SUNSET PLACE ADDITION, AND A TRACT OF LAND OWNED BY O.L. PETERMAN AND A TRACT OF LAND OWNED BY GEORGE LEWIS BALDWIN; THE NORTH -SOUTH ALLEY ABUTTING LOTS 193 THRU 215, MELONIE PARK SOUTH ADDITION; THE EAST -WEST ALLEY ABUTTING LOTS i THRU 14, BLOCK 2, J.A. HODGES ADDITION; THE EAST -WEST ALLEY ABUTTING LOTS i THRU 18, BLOCK 2, LAMAR HEIGHTS ADDITION; THE EAST -WEST ALLEY ABUTTING LOTS 1 THRU 8, BLOCK 22, RUSHLAND PARK ADDITION; THE EAST -WEST ALLEY ABUTTING LOTS 623 THRU 628, MELONIE PARK ADDITION; THE EAST -WEST PP 2 _� 1975 ALLEY ABUTTING LOTS 1 THRU 24, BLOCK 7, UNIVERSITY PLACE ADDITION AND INCLUDING A PORTION OF THE FOLLOWING STREETS: EAST MAIN STREET, 80TH STREET, OWEN STREET, NORTH AVENUE E, 45TH STREET, ELKHART AVENUE, UTICA AVENUE, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE THEREOF, ALLOCATING FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY CITY COUNCIL.) 75-34-180-391 Motion was made'by Councilman Campbell, seconded by Councilman West, motion (23) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the price and conditions of sale on Parcels 513-17-11A and 5B-17-12 in the Guadalupe NDP Area to Richard Lopez for a consideration of $4,850 to be redeveloped as a single-family residence. 75-34-180-392 Motion was made by Councilman Campbell, seconded by Councilman West, motion (24) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. f 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 an AGREEMENT between THE CITY OF LUBBOCK and THE URBAN RENEWAL AGENCY of the City of Lubbock with respect to the Dedication of certain lands in the Lubbock Neighborhood Development Program No. TEX-A-14(C), attached herewith which shall be spread upon the Minutes of the COUNCIL and as spread upon the Minutes of this COUNCIL shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of April, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney COOPERATION AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK WITH RESPECT TO THE DEDICATION OF CERTAIN LANDS LUBBOCK NEIGHBORHOOD DEVELOPMENT PROGRAM NO. TEX-A-14(C) This Cooperation Agreement entered into as of the 24th day of April, 1975, by and between the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS, corporate body politic, hereinafter referred to as the "Agency", and the CITY OF LUBBOCK, TEXAS, a municipal corporation, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the Agency has heretofore acquired certain real property in the furtherance'of the Urban Renewal Plan for the Second Action Year of the Lubbock N.D.P. Urban Renewal Project No. TEX-A-MC), said plan having been adopted by the City on the 26th day of July, 1971, a copy of which is on file with the City Secretary -Treasurer, and a notice of said plan having been filed in Volume 1326, Page 686 of the Lubbock County Deed Records; the said property being described as follows: BEGINNING at the original Southeast corner of Thirteen (13), Acuff Heights Addition to the County, Texas; THENCE West a distance of 300.0 feet; THENCE North a distance of 543.0 feet; THENCE East a distance of 71.0 feet; THENCE North a distance of 19.0 feet; THENCE East a distance of 229.0 feet; THENCE South a distance of 562.0 feet to the Lot Eighteen (18), Block City of Lubbock, Lubbock point of beginning; and WHEREAS, the said described property has been designated for public use by the Agency, pursuant to the Urban Renewal Plan for the'Fourth Action Year of the Lubbock N.D.P. Urban Renewal Project No. TEX-A-14(C), as adopted by the City on the 23rd day of May, 1974, with a copy of which is on file with the City Secretary -Treasurer and a notice of such plan having been filed in Volume 1378, Page 47 of the Lubbock County Deed Records; and WHEREAS, the Agency desires to dedicate the said above described property to the City f-or public use, and the City desires to accept the dedication of the said property for public use. NOW, THEREFORE, the Agency and the City agree as follows: 189 APR 2 1 197 MW 1. The Agency agrees to dedicate the said property to the City for public use forever, together with the office building located upon the said property. 2. The Agency will provide an acceptable dedication deed and plat wherebythe said property is dedicated to the City, with the same to be repiatted and to bear the following description: Lot One (1), Block Twenty-one (21), Guadalupe Addition to the City of Lubbock, Lubbock County, Texas; said map or plat of the property attached to the dedication deed will designate such additional street right of way and public use of the same. 3. Upon acceptance of the dedication deed by the City, the dedication thereof shall be complete, and no further action on behalf of the Agency shall be necessary. 4. The City agrees to accept the dedication of the property for public use together with the office building located upon the same. 5. The City, upon acceptance of the dedication of the property for public use, agrees to convert the office building thereon into a neighborhood facility to house a "Well Baby Clinic" or for such other services that are found to benefit the residents of the area. 6. The City agrees to accept the dedication deed and plat as prepared and submitted by the Agency, in accordance with the rules and regulations of the City Planning and Zoning Department, State law and ordinances applicable thereto. 7. Such of the property not necessary for use in providing a "Weil Baby Clinic" (or such other services that might be deemed to the benefit of the area residents) shall be used and developed by the City into a landscaped area. 8. The City agrees to accept the property in its present condition, without further site work by the Agency. 9. The City agrees to maintain the property and the office building located upon the same in the same manner and to the same extent that the City maintains other public use areas within the City. 10. The City recognizes that Title VI of the Civil Rights Act of 1964 and the regulations and policies of the Department of Housing and Urban Development effectuating the said title prohibit discrimination on the grounds of sex, race, color, or national origin in the policies and practices of any public facility, educational institutions, or hospital responsible for proposed credit to the localities' share of the cost of any Urban Renewal project receiving financial assistance from the United States and the Secretary of Housing and Urban Develop- ment and the City agrees that the facilities described hereinabove as well as any otherfacility which may be in any way owned, operated or sponsored by the City will be available to and serve all persons without regard to sex, race, color, or national origin. EXECUTED this 24th day of April, 1975- ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM AND LEGALITY: /s/ Fred 0. Senter, Jr., City Attorney ATTEST: /s/H. 0. Alderson, Secretary THE CITY OF LUBBOCK BY: /s/ ROY BASS, MAYOR URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK BY: /s/ Jimmy R. Price Chairman 5-34-181-393 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried (25) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize a Lease Agreement between the City of Lubbock and the United Way for land and buildings on Parcel 5C-7 to be used as a Well Baby Clinic and Day Care Center. LEASE AGREEMENT STATE OF TEXAS X COUNTY OF LUBBOCK X This agreement entered into this 24th day of April, 1975, by and between the City of Lubbock, Texas, a Home Rule Municipal Corporation located in Lubbock County, Texas, herein called "Lessor" and the United Way of Lubbock, Inc., a non- profit corporation having its principal office in -the City of Lubbock, Lubbock County, Texas, herein called "Lesses", upon the following terms and conditions: I. Lessor, being the grantee of and from the Urban Renewal Agency of the City of Lubbock, Texas (as Grantor) concerning the real estate hereinafter described 182 ApR 2 1: 1975 dedicated to public use by said Urban Renewal Agency, do hereby lease unto Lessee for public purposes, to -wit: A Well Baby Clinic and Day Care Center, the follow- ing described real estate and improvements thereon situated: BEGINNING at the original Southeast corner of Lot Eighteen (18), Block Thirteen (13), Acuff Heights Addition to the City of Lubbock, Lubbock County, Texas; THENCE West a distance of 300.0 feet; THENCE North a distance of 543.0 feet; THENCE East a distance of 71.0 feet; THENCE North a distance of 19.0 feet; THENCE East a distance of 229.0 feet; THENCE South a distance of 562.0 feet to the point of beginning; and Said real estate to which Lessor is or will be the Grantee for public use is to be replatted and does or will bear the following description (being the same real estate as above described) to -wit: Lot 1, Block 21, Guadalupe Addition to the City of Lubbock, Lubbock County, Texas. II. This Lease shall be for a term of ten (10) years from the date hereof. Lessee shall pay Lessor the sum of ONE DOLLAR ($1.00) per year payable in ad- vance as consideration for this Lease, the first payment being contemporaneous with the execution hereof by the parties hereto, and payments thereafter shall be on the annual anniversary date of this Lease. III. The maintenance and operation of a Well Baby Clinic and Day Care Center is hereby declared to be a public purpose and Lessor hereby finds and determines that Lessee has the special expertise, knowledge, and experience necessary for an operation of this type and that the ends of the public good, health, safety, and welfare will be best served by leasing the facility unto Lessee for such public purposes as aforesaid. IV. This Lease may be cancelled by Lessor or Lessee by thirty (30) days written notice delivered or mailed by certified or registered U.S. Mail to the last known address of the other party. V. Lessee, at its expense, during the entire term hereof, shall provide repair and maintenance for the existing and future buildings and/or improvments located upon the leased premises, and the areas surrounding the building(s) shall be land- scaped and properly maintained, in accordance with Paragraphs 7 and 9 of Coopera- tion Agreement attached as Exhibit A, which is incorporated herein and made a part hereof. VI. Lessee agrees to pay and shall pay for all utilities and operational costs of the facilities hereby leased. V11. Lessee shall provide, at its expense, insurance in such amounts and such coverage as shall be satisfactory unto Lessor with the Lessee and Lessor as named insured as their respective interests may appear, covering the improvements located on the leased premises as regards fire and extended coverage, and public liability in regard to the operations conducted on the leased premises. VIII. It is expressly understood and agreed by both parties hereto that Lesses is contracting with Lessor as an Independent Contractor and that Lessee, as such, agrees to hold the Lessor harmless and to indemnify it from and against any and all claims, demands and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with, the services and operations to be per- formed or conducted by Lessee in connection herewith. IX. Lessee shall comply with all applicable laws, ordinances, codes and regulations of the state, local and federal governments. X. The Lessee will not discriminate against any employees employed in the per- formance of this contract, or against any applicant seeking employment on the basis of race, sex, color, religion, national origin or creed. Lessee will take affirmative action to insure that applicatns are employed, and that employees are treated during employment, without regard to their race, sex, creed, color, or national origin. This requirement shall apply to, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruit- ment advertising, layoff or termination; rates of pay or other forms of compensa- tion; and selection for training, including apprenticeship. XI. Lessee agrees that no person shall, on the ground of race, sex, creed, color, religion or national origin, be excluded from participation.in, be denied the proceeds of, be denied the benefits of, or be subject to discrimination in the performance and conduct of services and operations by Lessee pursuant to this lease. XII. Lessor will allow additions to the existing buildings and/or improvements located upon the leased premised by Lessee, at Lessee's expense, so long as such additions are in conformance with all City of Lubbock and State of Texas build- ing, urban renewal, zoning, subdivision, health, fire, and safety laws and/or regulations. 13 APR 24 1975 XIII. Lessor reserves the right to take and hold possession of the leased premises after this lease expires or is cancelled or terminated in accordance with its terms. XIV. Lessor agrees, at its expense, to remove loose trash and debris from the premises at the commencement of this lease or as soon thereafter as is feasible and agreeable between the parties hereto, except that Lessor does not agree to remove concrete or asphalt slabs or blocks including, but not limited to, old paving, curb and gutter, and/or foundations, and walls or fences. XV. Lessee shall not sublease or assign this Lease, in whole or in part, except for purposes of Well Baby Clinic and Day Care Center operation as stated in Sec- tion ill, without the written consent of the Lessor. XVI. Lessor shall not be liable to Lessees or to Lessees' employees, visitors or guests for any damages to property or injury to any person caused by the act of negligence of any person on said premises or due to the building on said premises or any appurtenances thereto being improperly constructed, or being or becoming out of repair, nor for any damages from any defects or want or repair of any part of the building of which the leased premises form a part, but the Lessees accept such premises as suitable for the purposes for which the same are leased and accepts the building and each and every appurtenance thereof, and waive defects therein and agrees to hold the Lessor harmless from all claims for any such damage. XVII. Lessee shall, at its expense, at all times shall maintain such Workmen's Compensation Insurance as required by the laws of the State of Texas covering all its exployees involved in any manner in the services and/or operations conducted by Lessee pursuant to this Lease. THE UNITED WAY OF LUBBOCK, INC. ATTEST: BY: /s/ Jay Eagan /s/ W. R. McKinsey CITY OF LUBBOCK ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer 1'75-34-183-394Motion was made by Councilman Campbell, seconded by Councilman West, motion (29) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7069 on first reading. ORDINANCE NO 7069 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY AMENDING SECTION 34-52 THEREOF PROVIDING FOR PRO-RATA CHARGES FOR WATER AND/OR SEWER SERVICE; AMENDING SECTION 34-65 PROVIDING FOR UNIT PRICES USED IN CALCULATING COSTS OF EXTENSIONS; PROVIDING A SAVINGS CLAUSE; PRO- VIDING AN EFFECTIVE DATE AND PROVIDING FOR PUBLICATION. 75-34-183-395 Motion was made by Councilman Campbell, seconded by Councilman West, motion (30) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS, the CITY OF LUBBOCK, TEXAS, has made application to the TEXAS WATER QUALITY BOARD and the ENVIRONMENTAL PROTECTION AGENCY for a federal grant pursuant to the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, and the rules and regulations thereto; NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the application for which federal grant assistance has been requested pursuant to the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, will be constructed to completion in accordance with the laws, rules, and regulations and with the following project schedule: Project Schedule Item Date of Action General Availability of Financing Funds for applicant's share of the Project costs Step I Complete this Date Step 2 Step 3 Availability of the Site(s) for the project facilities Step 1 Infiltration/Inflor Analysis Initiated Completed Submitted to State (TWQB) Project Schedule Item Preliminary Infiltration/Inflow Evaluation Survey Study Plan(if needed) Initiated Completed Report Completed Submitted to State (TWQB) �I Bond Funds Bond Election to be Held Complete this Date June 1, 1975 July 1, 1975 August 1, 1975 Date of Action July 1, 1975 September 1, 1975 October 1, 1975 October 15, 1975 Infiltration/inflow Evaluation Survey(if needed) Intiated July 15, 1975 Completed October 15, 1975 Report Completed October 30, 1975 Submitted to State (TWQB) November 15, 1975 Environmental Assessment Initiated (instructions on Form CG-178) June 1, 1975 Complted (Sections 1-6) July 1, 1975 Public Hearing Advertised July 15, 1975 Public Hearing Conducted (Section 7, 30 day minimum period of advertisement) August 18, 1975 Environmental Assessment Finalized (Section 7, minutes of public hearing completed) September 1, 1975 Submitted to State (TWQB) September 15, 1975 The Regional Planning Agency Comments and Approvals Completed September 1, 1975 Project Schedule Item Date of Action Submitted to State (TWQB) September 15, 1975 Facility Plan (including Final Engineering Report/Feasibility Report) Initiated July 15, 1975 Completed September 15, 1975 Report Completed October 1, 1975 Public Hearing (30 day minimum period of Advertisement) November 15, 1975 Submitted to State (TWQB) December 1, 1975 Step 2 Final Plans and Specifications Initiated January 1, 1976 Completed April 1, 1976 Submitted to State (TWQB) April 15, 1976 Step 3 Advertise for Construction Bids within the days indicated after authorization to advertise for bids has been issued. 30 Days Submit Bid opening Documents within the days indicated after the bid opening date. 15 Days Award Construction Contract within the days indicated after authorization to award the contract has been issued. 15 Days Project Schedule Item Date of Action Initiation of Construction within the days indicated after the award of the contract. 90 Days Complete Construction within the days indicated after initiation of construction. 360 Days BE IT FURTHER RESOLVED: THAT the CITY OF LUBBOCK understands that the above project schedule must be approved by the TEXAS WATER QUALITY BOARD and the ENVIRONMENTAL PROTECTION AGENCY, and that once a project schedule has been approved, no changes will be authorized without first receiving approval of the change from the TEXAS WATER QUALITY BOARD and the ENVIRONMENTAL PROTECTION AGENCY. Passed by the City Council this 24th day of April, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, J r. , City Attorney 75-34-184-396 Motion was made by Councilman Campbell, seconded by Councilman West, motion (31) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7070 as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 7070 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 departmens in the public interest which creates an emergency; NOW THEREFORE, 1.5 gR z 1975 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit WATER CAPITAL PROJECT The sum $1 ,950.00 For the following purpose: Provide sleeve ahead of construction of FM 2641 at Quirt Avenue. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate council meetings be dispensed with; and this ordinance shall be effective from the date of its passage. 75-34-185-397 Motion was made by Councilman Campbell, seconded by Councilman West, motion (32) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting.Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the resolution authorizing the Mayor to execute a Warranty Deed covering ' 13.173 acres (Parcel 32, I.H. 27) from the City of Lubbock unto the State of Texas, passed by this Council on January 23., 1975 and of record in Minute Book 34, Page 46 of the Minutes of said Council, and the Memorandum of Agreement authorized by said Resolution of record in said Minute Book 34, Pages 46-49 (inclusive), BE AND THE SAME ARE HEREBY REPEALED AND CANCELLED IN THEIR ENTIRETY, and the City Secretary shall make due notation to such effect in the margin thereof of said Minutes. The following Resolution and supporting documents in connection therewith as hereinafter revised are hereby passed and approved in lieu and as a substitute for said Resolution and documents as heretofore passed, to -wit; SECTION 1. THAT the Mayor of the City of Lubbock, Texas, is hereby authori'md and directed to execute for and on behalf of said City a Warranty Deed from said City unto the State of Texas coverning 13.173 acres of land out of Section 10, Block A, Lubbock County, Texas, to be used in connection with Interstate Highway 27 improvments to be made by the Texas Highway Department, subject to certain conditions as set forth in said Deed required by Federal Aviation Administration of the United States Government, a copy of which Deed shall be spread upon the Minutes of this Council, and as so spread upon the Minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. SECTION 2. THAT the consideration to be received by said City from the State of Texas for conveyance of said land shall• be $94,043.60. SECTION 3. THE Mayor is also hereby authorized and directed to execute a Memorandum of Agreement with respect to the above conveyance on behalf of the City of Lubbock with the State of Texas and/or the Texas Highway Department and a request for payment from said State Agency on Texas Highway Department Form 132 in the amount of $94,043.00, being the amount of consideration set forth in in Section 2 hereof. Passed by the City Council this 24th day of April, 1975. ATTEST: /s'/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney Texas Highway Departmen Form D-15-12(Partial Taking) Page 1 of 6 Rev. 3-62 Parcel 32 IH 27 Lubbock County 1 27-7(5) 308 DEED CONTROLLED ACCESS HIGHWAY FACILITY THE STATE OF TEXAS X COUNTY OF LUBBOCK X WHEREAS, the State Highway Commission has been authorized under House Bill 179, Acts of the 55th Legislature, Regular Session, 1957 (Article 6674w-1, et seq., Vernon's Annotated Civil Statutes of Texas) to purchase land and such other property rights deemed necessary for the purposes of facilitating the construc- tion, maintenance and operation of Controlled Access Highways; and, WHEREAS, the purchase of the hereinafter described premises has been deemed 4- • Ir APR 2A 19'S necessary by the State Highway Commission for the purposes of facilitating the construction, maintenance and operation of a Controlled Access Highway facility; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENT: That, City of Lubbock, Texas, a Homerule Municipality of the County of Lubbock, State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ninety-four Thousand Forty-three and no/100---------------------($94,043.00) Dollars, to Grantors in hand paid by the State of Texas, acting by and through the State Highway Commission, receipt of which is hereby acknowledged, and for which to lien is retained, either expressed or implied, have this day Sold, and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas, all that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, more particu- larly described as follows, to -wit: 13.173 acres of land out of the Northwest one quarter of Section 10, Block A, Lubbock County, Texas, which was conveyed to the City of Lubbock by deeds dated January 4, 1949, July 2, 1956 and January 22, 1971 and recorded in Volume 383, Page 144, Volume 624, Page 201 and Volume 1255, Page 305, Deed Records of Lubbock County, Texas, which 13.173 acres of land is more particularly described by metes and bounds as follows: BEGINNING at the Northwest corner of this tract, said corner being 5230 feet West and 30.00 feet South of the Northeast corner of Section 10, Block A, Lubbock County, Texas; THENCE North 89058'00" East, 96.36 feet along the North property line of said tract to a point; THENCE South 11052'00" East, 143.95 feet to a point; THENCE in a Southeasterly direction along a circular curve to the right, the center of the curve being South 78008' West, 3969.72 feet from the beginning of the curve, an arc distance of 822.17 feet to a point; THENCE South 231.25feet to a point; THENCE South 2051145" East, 872.84 feet to a point; THENCE South 11018'36" East, 305.94 feet to a point; THENCE South 2051145" East, 228.54 feet to a point; THENCE South 2051145" West, 29.59 feet to a point in the South line of the North- west one -quarter of Section 10, Block A; THENCE West, 308.52 feet along the South line of the Northwest one -quarter of Section 10, Block A, to a point in the East Right-of-way of U.S. 87; THENCE North, 258.0 feet to a point; THENCE West, 15.0 feet to a point; THENCE North, 134.0 feet to a point, said point also being the Southwest corner of Pioneer Natural Gas Company tract; THENCE East, 50.0 feet to a point; THENCE North, 100.0 feet to a point; THENCE West, 50.0 feet to a point in the East Right-of-way of U.S. 87; THENCE North, 765.80 feet to a point; THENCE North 0002' West, 1360.12 feet to the point of beginning, leaving a remain- der of 141.777 acres. And for the same consideration described above, and upon the same conditions, grantor does hereby bargain, sell and convey unto the State of Texas that portion of the following structure located on the remaining property out of which the above described premises were originally a point, to -wit: Item B - a 50.9 ft. by 20.9 ft. rock veneer on concrete slab Garage. The owner understands and agrees that it will be necessary for the State to enter upon his remaining property out of which the above described property was conveyed for the purpose of removing that portion of the above described structure which is located on such owner's remaining property, the owner hereby authorizes the State, its.agents or assigns to enter upon such remaining property for purposes of removing such structure and expressly waives all damages or claims that may result to the remaining property of the owner as a result of such entry and removal of such structure. SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the above described property to wit: None Grantors hereby acknowledge that their use of and access to the expressway lanes to be constructed in conjunction with the highway facility of which the land hereby conveyed shall become a part shall be and forever remain subject to the same regulation by legally constituted authority as applies to the public's use thereof; and Grantors further acknowledge that the design and operation of such highway facility as a Controlled Access Highway require that access from Grantor's remaining property to said highway facility shall be governed hence- forth as indicated in Paragraph (A) and/or (B) hereinbelow; and all abutter's rights, including rights of ingress and egress and the right of direct access to and from Grantor's remaining property to said Controlled Access Highway facility, which have accrued or might otherwise accrue to Grantors, their heirs, successors or assigns are hereby waived, released and relinquished insofar as they appertain to Paragraph (B) here inbelow: (A) Access to and from Grantor's remaining property will be permitted: To the remainder abutting the highway facility. (b) Access to and from Grantor's remaining property will not be denied. 1"7 MP ... APR 2.1 1g 5 Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder. SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor does: (a) Reserve for itself, its successors and assigns, for the use and bene- fit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the land herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the air, using said air- space for landing at, taking off from, or operating on the Lubbock Regional Airport. (b) Reserve for itself, its successors and assigns, for the use and bene- fit of the public, a continuing right and easement over the real property herein described to take such action as may be necessary to restrict the height of structures, objects of natural growth, and other obstructions to air navigation to a height of not more than 3390 feet above mean sea level, unless otherwise approved by the Federal Aviation Administration or its successor in function. (c) Reserve for itself, its successors and assigns, the right to prevent any use of the herein described real property which would interfere with aircraft Ian& ing on or taking off from Lubbock Regional Airport, and the right to prevent any other use of said land which constitute an airport hazard; TO HAVE AND TO HOLD the above described premises herein conveyed together with all and singular the rights and appurtenances thereto in anywise belonging, unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, to Warrant and For- ever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, this instrument is executed on this the 24th day of April, 1975. ATTEST: CITY OF LUBBOCK, TEXAS, A HOME RULE MUNICIPALITY /s/ Treva Phillips, City Sec.-Treas. /s/ROY BASS, MAYOR MEMORANDUM OF AGREEMENT Lubbock County Account: 9005-27-1 Project: 1 27-7(5) 308 Interstate Highway 27: From Loop 289 North of Lubbock to 1.5 Miles North of Monroe Overpass Parcel No. 32 City of Lubbock, Texas, a Homerule Municipality Mr. N.B. McCullough City Manager P.O. Box 2000, City Hall Lubock, Texas Our negotiations for highway right of way across your property have progressed to the point.that you have indicated a willingness to sign a deed in return for payment as agreed to in our previous discussions. It is thought to be in the best interests of both you and the Highway Department to confirm this agreement in order to avoid any possible misunderstanding as to the details of the purchase, or the process by which the Highway Department will make payment. Your property consists of 13.173 acres of land out of the NW/4 of Sec. 10, Block A, Lubbock County, Texas, with improvments thereon located two (2) miles North of Loop 289 on U.S. 87, Lubbock, Texas, on Interstate Highway 27. The right of way being purchased by the Highway Department has been thoroughly explained. The payment of $94,043.00 as herein agreed to will constitute full payment to be made bythe Highway Department for the property to be conveyed to the State. The State and Owners have agreed to the following provisions: 1. That you will execute a general warranty deed to the State conveying a clear title free of all defects, liens and encumbrances, except that oil, gas, and sulphur is reserved to you as provided in the Deed. 2. Save and Except, However, it is expressly understood and agreed that grantors are retaining title to the following improvements located on the above described property, to -wit: None And for the same consideration described above, and upon the same conditions, grantor does hereby bargain, sell and convey unto the State of Texas that portion of the following structure located on the remaining property out of which • •• APR 2 f 1975 the above described premises were originally a portion, to -wit: Item B- a 50.9 Feet by 20.9 feet rock veneer on concrete slab Garage The Owner understands and agrees that it will be necessary for the State to enter upon his remaining property out of which the above described property was conveyed for the purpose of removing that portion of the above described structure which is located on such owner's remaining property, the owner hereby authorizes the State, its agents or assigns to enter upon such remaining property for purpose of removing such structure and expressly waives all damages or claims that may result to the remaining propery of the owner as a result of such entry and re- moval of such structure. Occupancy shall terminate no later, than June 30, 1975• Grantors agree that occupancy shall be for their benefit exclusively, and the Grantors acknowledge that said occupancy hereunder shall be for their sole benefit and that no payment has been made or is to be made to the State for use of said premises, and that any attempt to assign such benefit, or to lease, rent, sub -let, or in any manner suffer or permit occupancy of the land or improvements thereon by a third party shall automatically suspend the opera- tion of this provision, and the State shall then have immediate right of possess- ion. With respect to any improvements located upon said land, title to which is to be acquired by the State, Grantors shall make every reasonable effort to keep such improvements in good repair and shall exercise such diligence as may be necessary to protest same from damage; however, Grantors shall not be responsible for damage or destruction as a result of fire or other acts of nature. Grantors agree that the State's employees or agents may make inspections of the premises from time to time, and that the State will be notified at the time Grantors vacate the.premises. Grantors hereby acknowledge that their use of and access to the expressway lanes to be contructed in conjunction with the highway facility of which the land hereby conveyed shall become a part shall be and forever remain subject to the same regulation by legally constituted authority as applies to the public's use thereof; and Grantors further acknowledge that the design and operation of such highway facility as a Controlled Access Highway require that access from Grantor's remaining property to said highway facility shall be governed hence- forth as indicated in Paragraphs (A) and/or (B) hereinbelow; and a.11 abutter's rights, including rights of ingress and egress and the right of direct access to and from Grantor's remaining property to said Controlled Access Highway facility, which have accrued or might otherwise accrue to Grantors, their heirs, successors or assigns are hereby waived, released and relinquished in- sofar as they appertain to Paragraph (B) hereinbelow: (A) Access to and from Grantor's remaining property will be permitted: to the remainder abutting the highway facility. (B) Access to and from Grantor's remaining property will not be denied. SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor does: (a) Reserve for itself, its successors and assigns,- for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the land herein conveyed, together with the right of cause in said airspace such noise as may be inharent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the air, using said airspace for landing at, taking off from, or operating on the Lubbock Regional Airport. (b) Reserve for itself, its successors and assigns, for the use and benefit of the public, a continuing right and easement over the real property herein described to take such action as may be necessary to restrict the height of structures, objects of natural growth, and other obstructions to air navigation to a height of not more than 3390 feet above mean sea level, unless otherwise approved by the Federal Aviation Administration or its successor in function. (c) Reserve for itself, its successors and assigns, the right to pre- vent any use of the herein described real property which would interfere with aircraft landing on or taking off from Lubbock Regional Airport, and the right to prevent any other use of said land which constitute an airport hazard; After payment of the above purchase price, you will be reimbursed for any fair and reasonable incidental expenses necessarily incurred in transferring title to the property to the State. Expenses eligible for reimbursement may include (1) recording fees, transfer taxes and s'imiiar expenses incidental to conveying such real property; and (2) penalty costs for prepayment of any pre- existing recorded mortgage entered into in good faith encumbering such real property. Voluntary unnecessary expenses or expenses incurred in clearing questionable title will not be eligible for reimbursement. Eligible incidental expenses will be reimbursed upon submission of a claim supported by receipted bills or other evidence of actual expenses incurred. The Payment of the amount herein stated and the terms herein provided constitute the only promises, consideration and conditions of this purchase, and no other promises, consideration or conditions have been promised or implied, save and except any benefits which may accrue under the State's relocation assistance 189 APR 24 1975 program and the mutual benefits to be derived by Texas Highway Department and the owner from the signing of this instrument. The State without cost to the owner will pay the cost of recording all instruments conveying title to the State. It is suggested that you carefully review the proposed right of way and satisfy yourself as -to its provisions. With your signing of this letter and the execution of the Deed, the State will proceed with the issuance of a State Warrant, which will be made out jointly to the owners of the property and Service Abstract and Title Company, Agent for Pioneer National Title Insurance Company. This Company has been designated as the State's closing agent and is responsible to see that the Highway Department obtains clear title. They will not endorse the warrant and make payment until clear title is secured. At the same time, you have the right not to endorse the warrant and accept payment until you are fully satisfied on all details of the transaction. Yours Truly, George C. Wall, Jr. District Engineer Texas Highway Department District Five We fully understand the Texas Highway Department's proposal as contained in the above letter and acknowledge receipt of the Brochure, "Relocation Assistance Program". We understand that relocation benefits are handled entirely separate and in addition.to this transaction and agree that our execution of the Right of Way Deed is based on this understanding. CITY OF LUBBOCK, TEXAS a Homerule Municipality /s/ ROY BASS, MAYOR 75-34-189-398 Motion was---made-by Councilman Campbell, seconded by Councilman West, motion carried (32a) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the Resolution authorizing the Mayor to execute a warranty deed cover- ing 15.211 acres (Parcel 40, I.H. 27) from the City of Lubbock unto the State of Texas, passed by this Council on January 23, 1975 and of record in Minute Book 34, Page 49 of the Minutes of said Council, and the Memorandum of Agreement authorized by said Resolution of record in said Minute Book 34, Pages 49-51 (in- clusive), BE AND THE SAME ARE HEREBY REPEALED AND CANCELLED IN THEIR ENTIRETY and the City Secretary shall make due notation to such effect in the margin thereof ❑f said Minutes. The following Resolution and supporting documents in connection therewith as hereinafter revised are hereby passed and approved in lieu and as a substitute for said Resolution and documents as heretofore passed, to -wit: SECTION 1. THAT the Mayor of the City of Lubbock, Texas, is hereby authorized and directed to execute for and on behalf of said City a Warranty Deed from said City unto the State of Texas covering 15.211 acres of land out of Section 28 and 32, Block A, Lubbock County, Texas, to be used in connection with Interstate High- way 27 improvements to be made by the Texas Highway Department, subject to certain conditions as set forth in said Deed required by Federal Aviation Administration of United States Government a copy of which deed shall be spread upon the minutes of this Council, and as so spread upon the minutes of this Council shall con- stitute and be a part of this Resolution as if fully copied herein in detail. SECTION 2. THAT the consideration to be received by said City from the State of Texas for conveyance of said land shall be $68,992.00. SECTION 3• THE Mayor is also hereby authorized and directed execute a memorandum of agreement with respect to the above conveyance on behalf of the City of Lubbock with the State of Texas and/or the Texas Highway Department and a request for payment from said State agency on Texas Highway Department Form 132 in the amount of $68,992.00, being the amount of consideration set forth in Section 2 hereof. Passed by the City Council this 24th day of April, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney Texas Highway Department Parcel 40 Form D-15-12 (Partial Taking) IH 27 Page 1 of 6 Lubbock County Rev. 3-62 9005-27-1 1 27-7(5) 308 W31 DEED CONTROLLED ACCESS HIGHWAY FACILITY THE STATE OF TEXAS X COUNTY OF LUBBOCK X WHEREAS, the State Highway Commission has been authorized under House Bill 179, Acts of the 55th Legislature, Regular Session, 1957 (Article 6674w-1, et. seq., Vernon's Annotated Civil Statutes of Texas) to purchase land and such other property rights deemed necessary for the purposes of facilitating the construc- tion, maintenance and operation of Controlled Access Highways; and, WHEREAS, the purchase of the hereinafter described premises has been deemed necessary by the State Highway Commission for the purpose of facilitating the construction, maintenance and operation of a Controlled Access Highway facility; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, City of Lubbock, Texas, a Homerule Municipality of the County of Lubbock, State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Sixty-eight Thousand Nine Hundred Ninety- two and no/100-------($68,992.00) Dollars, to Grantors in hand paid by the State of Texas, acting by and through the State Highway Commission receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold, and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas, all that certain tract or parcel of land lying and being sit- uated in the County of Lubbock, State of Texas, more particularly described as follows, to wit: 15.211 acres of land being in four parts and being out of the West halves of sec- tions 28 and 32, Block A, Lubbock County, Texas, which were conveyed to the City of Lubbock, Texas, a municipal Corp., by deeds dated September 6, 1929, January 4, 1949, and May 31, 1973, and recorded in Volumns 150, 383, 1350, Pages 452, 144, and 747, respectively, Deed Records of'Lubbock County, Texas, which 15.211 acres are more particularly described by metes and bounds as follows: Part I BEGINNING at a point in the East Right -of -Way line of U.S. 87, said point being 50.00 feet North and 5230.00 feet West of the Southeast corner of Section 28, Block A; THENCE North 00002100" West, 649.42 feet along said U.S. 87 Right-of-way line to a point; THENCE South 07057'32" East, 191.89 feet to a point; THENCE in a Southeasterly directing along a circular curve to the left, the center of the curve being North 84031124" East, 3649.72 feet from the beginning of the curve, a distance of 286.65 feet to a point; THENCE South 01030'57" East, 122.36 feet to a point; THENCE South 11052'00" East, 54.20 feet to a point in the South property line of said tract; THENCE South 89058'00" West, 79.10 feet along the South property line of said tract to the place of beginning containing 0.619 acres of land. PART II BEGINNING at a point in the East Right-of-way line of U.S. 87, said point being 3845.00 feet South and 5230.00 feet West of the Northeast corner of Section 28, Block A; THENCE North 0002'00" West, 1377.00 feet along said U.S. 87 Right-of-way line to a point; THENCE North 5040'38" East, 100.50 feet along said U.S. 87 Right-of-way line to a point; THENCE North 0002100" West, 200.00 feet along said U.S. 87 Right-of-way line to a point; THENCE North 5044'38" West, 100.50 feet along said U.S. 87 Right-of-way line to a point; THENCE North 0002100" West, 623.00 feet along said U.S. 87 Right-of-way line to a point; THENCE South 6032'55" East, 627.05 feet to a point; THENCE South 2053'45" East, 300.37 feet to a point; THENCE South 5021'35" West, 278.23 feet to a point; THENCE South 2049145" West, 1201.50 feet to the point of beginning containing 2.273 acres of land. Part III BEGINNING at a point in the East Right-of-way line of U.S. 87, being 393.00 feet South and 5230.00 feet West of the Northeast corner of Section 28; THENCE North 0002' West, 393.35 feet along said East Right-of-way line to a point in the North line of Section 28; THENCE North 0008' West, 1320.30 feet along said East Right-of-way line to a point in the South property line of C.E. Hobgood tract; THENCE North 89052' East, 210.00 feet along the South property line of the C.E. Hobgood tract to a point; THENCE South 0008' East, 145.72 feet along a line parallel to and 150.00 feet East of the center line of proposed highway to a point; THENCE in a Southwesterly direction along a circular curve to the right, the center of the curve being South 89052' West, 3969.83 feet from the beginning of the curve, a distance of 8'26.82 feet to a point; THENCE South ilq+8'West, 271.30 feet along a line parallel to and 150 feet East of the center line of a proposed highway to a point; IV APR 2 4 1975 THENCE in a Southwesterly direction along a circular curve to the left, the center of the curve being South 78012' East, 3669.83 feet from the beginning of the curve, a distance of 90.91 feet to a point in the North line of Section 28 and continuing for a total distance of 486.94 feet to the place of beginning con- taining 0.196 of one acre of land in Section 28 and containing 4.830 acres of land in Section 32, in all 5.026 acres. Part 1V BEGINNING at a point in the East right-of-way line of U.S. 87, and in the North property line of the C.E. Hobgood tract, being 3,960.00 feet North and 5,230.00 feet West of the Southeast corner of Section 32; THENCE NORTH 0008' West, 1286.00 feet along said East right-of-way line to a point in the South right-of-way line of a County Road; THENCE NORTH 89 52' East, 279.19 feet along said South right-of-way line of a County Road to a point; THENCE South 2043'45" West, 1287.61 feet along a line to a point in the North property line of the C.E. Hobgood tract; THENCE South 89052' West, 214.90 feet along the North property line of the C.E. Hobgood tract to the place of beginning, and containing 7.293 acres of land in Section 32, Block A, leaving a remainder of 1,825.969 acres. SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the above described property, to -wit: None Grantors hereby acknowledge that their use of and access to the expressway lanes to be constructed in conjunction with the highway facility of which the land here- by conveyed shall become a part shall be and forever remain subject to the same regulation by legally constituted authority as applies to the public's use there- of; and Grantors further acknowledge that the design and operation of such highway facility as a Controlled Access Highway require that access from Grantor's remain- ing property to said highway facility shall be governed henceforth as indicated in Paragraphs (A) and/or (B) hereinbelow; and all abutter's rights, including rights of ingress and egress and the right of direct access to and from Grantor's remaining property to said Controlled Access Highway facility, which have accrued or might otherwise accrue to Grantors, their heirs, successors or assigns are hereby waived, released and relinquised insofar as they appertain to Paragraph (B) hereinbelow: (A) Access to and from Grantor's remaining property will be permitted: To the remainder abutting the highway facility. (B) Access to and from Grantor's remaining property not be denied. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder. SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor does: (a) Reserve for itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the land herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the air, using said airspace for landing at, taking off from, or operating on the Lubbock Regional Airport. (b) Reserves for itself, its successors and assigns, for the use and benefit of the public, a continuing right and easement over the real property herein described to take such action as may be necessary to restrict the height of struc- tures, objects of natural growth, and other obstructions to air navigation to a height of not more that 3390 feet above mean sea level unless otherwise approved by the Federal Aviation Administration or its successor in function provided and excepted that beginning at the north boundary line of Parcel 40, Part 2, the restrictions are set at 3313 feet above mean sea level and extend upward and out over the parcel in a southerly direction at a slope of 1:7 to a maximum allow- able height of 3390 feet above mean sea level and beginning at the south boundary of Parcel 40, Part 3, the restrictions are set at 3313 feet above mean sea level and extend upward and out over the parcel in a northerly direction at a slope of 1:7 to a maximum allowable height of 3390 feet above mean sea level, and no restrictions are applicable to Parcel 40, Part 4. (c) Reserves for itself, its successors and assigns, the right to preventay. Vse of the herein described real property which would interfere with aircraft lan& ing on or.taking off from Lubbock Regional Airport, and the right to prevent any other use of said land which constitute an airport hazard; TO HAVE AND TO HOLD the above described premises herein conveyed together with all and singular the rights and appurtenances thereto in anywise belonging, unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, to Warrant and For- evern Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, this instrument is executed on this the 24th day of April, 1975• 192 APR 2 1 1975 ATTEST: CITY OF LUBBOCK, TEXAS A HOMERULE MUNICIPALITY /s/ Treva Phillips, City Sec.-Treas. /s/ ROY BASS, MAYOR MEMORANDUM OF AGREEMENT Lubbock County Account: 9005-27-1 Project: 1 27-7(5) 308 Interstate Highway 27: From Loop 289 North of Lubbock To 1.5 Miles North of Monroe Overpass Parcel No. 40 City of Lubbock, Texas a Homerule Municipality Mr. N. B. McCullough City Manager P.O. Box 2000 Lubbock, Texas Our negotiations for highway right of way across your property have progressed to the point that you have indicated a willingness to sign a deed in return for payment as agreed to in our previous discussions. It is thought to be in the best interests of both you and the Highway Department to confirm this agreement in order to avoid any possible misunderstanding as to the details of the purchase, or the process by which the Highway Department will make payment. Your property consists of 15.211 acres of land out of the SW/4 of SW/4 of Section 32, B-lock A and out of Section 28, Block A, Lubbock County, Texas, with improve- ments thereon located One mile North of FM 2641 on U.S. 87 Lubbock, Texas, on Interstate Highway 27. The right of way being purchased by the Highway Department has been thoroughly explained. The payment of $68,992.00 as herein agreed to will constitute full payment to be made by the Highway Department for the property to be conveyed to the State. The State and Owners have agreed to the following provisions: 1. That you will execute a general warranty deed to the State conveying a clear title free of all defects, liens and encumbrances, except that oil, gas, and sulphur is reserved to you as provided in the Deed. 2. Save and Except, However, it is expressly understood and agreed that grantors are retaining title to the following improvements located on the above described property, to -wit: None Occupancy shall terminate no later than June 30, 1975. Grantors agree that occupancy shall be for -their benefit exclusively, and the Grantors acknowledge that said occupancy hereunder shall be for their sole benefit and that no payment has been made or is to be made to the State for use of said premises, and that any attempt to assign such benefit, or to lease, rent, sub -let, or in any manner suffer or permit occupancy of the land or improvements thereon by a third party shall automatically suspend the opera- tion of this provision, and the State shall then have immediate right of possess- ion. With respect to any improvements located upon said land, title to which is to be acquired by the State, Grantors shall make every reasonable effort to keep such improvements in good repair and shall exercise such diligence as may be necessary to protest same from damage; however, Grantors shall not be responsible for damage or destruction as a result of fire or other acts of nature. Grantors agree that the State's employees or agents may make inspections of the premises from time to time, and that the State will be notified at the time Grantors vacate the premises. Grantors hereby acknowledge that their use of and access to the expressway lanes to be contructed in conjunction with the highway facility of which the land hereby conveyed shall become a part shall be and forever remain subject to the same regulation by legally constituted authority as applies to the public's use thereof; and Grantors further acknowledge that the design and operation of such highway facility as a Controlled Access Highway require that access from Grantor's remaining property to said highway facility shall be governed hence- forth as indicated in Paragraphs (A) and/or (B) hereinbelow; and all abutter's rights, including rights of ingress and egress and the right of direct access to and from Grantor's remaining property to said Controlled Access Highway facility, which have accrued or might otherwise accrue to Grantors, their heirs, successors or assigns are hereby waived, released and relinquished in- sofar as they appertain to Paragraph (B) hereinbelow: (A) Access to and from Grantor's remaining property will be permitted: to the remainder abutting the highway facility. (B) Access to and from Grantor's remaining property will not be denied. It is further understood and agreed that the owner will cut at the line of bisec- tion improvement located on the above described property on or before June 30, 1975. It is further understood and agreed that in the event the owner fails to cut the aforesaid bisected improvement in the time allowed, the State will cut said bisected improvement at the line of bisection, and the owner hereby authorizes the State, its agents or assigns, to make such cut and expressly waives any claims for damages that may result to the remainder of that improvement by reason of such cutting. 193 APR 2 _= 1975 SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor does: (a) Reserve for itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the land herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the air, using said airspace for landing at, taking off from, or operating on the Lubbock Regional Airport. (b) Reserves for itself, its successors and assigns, for the use and bene- fit of the public, a continuing right and easement over the real property herein described to take such action as may be necessary to restrict the height of structures, objects of natural growth, and other obstructions to air navigation to a height of not more than 3390 feet above mean sea level unless otherwise approved by the Federal Aviation Administration or its successor in function provided and excepted that beginning at the north boundary line of Parcel 40, Part 2, the restrictions are set at 3313 feet above mean sea level and extend upward and out over the parcel in a southerly direction at a slope of 1:7 to a maximum allowable height of 3390 feet above mean sea level and beginning at the south boundary of Parcel 40, Part 3, the restrictions are set at 3313 feet above mean sea level and extend upward and out over the parcel in a northerly direction at a slope of 1:7 to a maximum allowable height of 3390 feet above mean sea level, and no restrictions are applicable to Parcel 40, Part 4. (c) Reserves for itself, its successors and assigns, the right to prevent any use of the herein described real property which would interfere with aircraft landing on or taking off from Lubbock Regional Airport, and the right to prevent any other use of said land which constitute an airport hazard; After payment of the above purchase price, you will be reimburse for any fair and reasonable incidental expenses necessarily incurred in transferring title to the property to the State. Expenses eligible for reimbursement may include (1) recording fees, transfer taxes and similar expenses incidental to conveying such real property; and (2) penalty costs for prepayment of any pre-existing recorded mortgage entered into in good faith encumbering such real property. Voluntary unnecessary expenses or expenses incurred in clearing questionable title will not be eligible for reimbursement. Eligible incidental expenses will be reimbursed upon submission of a claim supported by receipted bills or other evidence of actual expenses incurred. The payment of the amount herein stated and the terms herein provided constitute the only promises, consideration and conditions of this purchase, and no other promises, consideration or conditions have been promised or implied, save and except any benefits which may accrue under the State's relocation assistance program and the mutual benefits to be derived by Texas Highway Department and the owner from the signing of this instrument. The State without cost to the owner will pay the cost of recording all instruments conveying title to the State. It is suggested that you carefully review the proposed right of way and satisfy yourself as to its provisions. With your signing of this letter and the execution of the Deed, the State will proceed with the issuance of a State Warrant, which will be made out jointly to the owners of the property and Service Abstract and Title Company, Agent for Pioneer National Title Insurance Company. This Company has been designated as the State's closing agent and is responsible to see that the Highway Department obtains clear title. They will not endorse the warrant and make payment until clear title is secured. At the same time, you have the right not to endorse the warrant and accept payment until you are fully satisfied on all details of the transaction. Yours truly, /s/ George C. Wall, Jr. District Engineer Texas Highway Department District Five We fully understand the Texas Highway Department's proposal as contained in the above letter and acknowledge receipt of the Brochure, "Relocation Assistance Program". We understand that relocation benefits are handled entirely separate and in addition to this transaction and agree that our execution of the Right of Way Deed is based on this understanding. CITY OF LUBBOCK, TEXAS, A HOMERULE MUNICIPALITY /s/ ROY BASS, MAYOR 75-34-193-399 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion (33) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. I 14 �QR t_� 1g15 RES'OFLLfT I ON 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 an ELECTRIC TRANS- MISSION LINE LICENSE to be entered into by and between the CITY OF LUBBOCK (as LICENSEE) and FORT WORTH AND DENVER RAILWAY COMPANY (as LICENSOR) for LICENSEE'S electric transmission line and/or poles and guy wires as set forth in said License, a copy of which is attached herewith and 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 detail. Passed by the City Council this 24th day of April, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney ELECTRIC TRANSMISSION LINE LICENSE THIS AGREEMENT, Made this 21st day of March, 1975, between FORT WORTH AND DENVER RAILWAY COMPANY, hereinafter called the "COMPANY," party of the first part, and LUBBOCK POWER AND LIGHT (CITY OF LUBBOCK) hereinafter (whether one or more persons or corporations) called the "Licensee", party of the second part. WITNESSETH: In Consideration of One Hundred ($100.00) dollars initial and only to be paid by the Licensee to the Company upon the execution of this agree- ment and of the covenants, promises and agreements of the Licensee hereinafter set forth, and of the faithful performance by the Licensee of the same, the Com- pany grants to the Licensee, upon the conditions hereinafter set forth, license and permission to construct, maintain and use an electric transmission line consisting of poles and/or guy wires, across or along the right of way or station grounds of the Company at or near the station of Lubbock, Lubbock County, Texas, the location of said transmission line being more particularly described as follows: said guy wire encroaches on Company's 32' right of way in the vicinity of Company's switching lead tract #75 at Avenue A and 45th Street, and being shown upon Print No. S.P. 22-1086/312-7 hereto attached and made a part hereof. For convenience the said transmission line, with all towers, poles, wires and appurtenances thereto, in so far as they relate to said transmission line upon said right of way and station grounds, is hereinafter called the "Transmission Line." In Further Consideration of the foregoing grant, the Licensee covenants and agrees with the Company as follows: Any contract for transmission line shall provide that: 1st. The Transmission Line shall be constructed and at all times maintained in strict accordance with current specifications recommended by the Bureau of Standards in its National Electrical Safety Code, and in accordance with the speci- fications from time to time recommended by the Association of American Railroads for overhead crossings of electric light and power lines, except where by statute or order of competent public authority a different type of construction or a different degree of maintenance is required, in which case construction and maintenance shall be in strick accordance with such statute or order; provided, however, all materials and workmanship employed in the construction and main- tenance of the transmission line shall be subject to the approval of the duly authorized representative of the Company; and the Transmission Line shall be so constructed, and at all times so maintained, that all wires thereof, carry- ing 300 volts or more, shall have a minimum vertical clearance of thirty six (36) feet over the top of all rails of the Company's railroad crossed thereby anything to the contrary contained in said Code and specifications notwithstanding. Further that no transformer shall be installed by the Licensee on said Transmission Line within one hundred (100) feet of the nearest point of the right of way of the Company, except upon written consent of the duly authorized representative of the Company. That the space around the poles or towers of the Transmission Line on or near the Company's property shall be kept free from underbrush, grass and inflammable substance and material by the Licensee. 2nd. It is expressly agreed and understood that when the Licensee under- takes to, at any time, construct or reconstruct, in any manner or way said trans- mission line over the property hereinbefore mentioned and described, that before so doing the Licensee will give written notice forty-eight (48) hours in advance of its intention to so do to the local Freight Agent of the Company nearest to the transmission line. 3rd. that during the construction and while repairing, renewing or changing the transmission line, the Licensee shall conduct the work with care and dili- gence so that no damage shall occur to the property of the Company, and so that there will be no interference with the operation of the railroad. Licensee will restore the premises of the Company to as good condition as they were before said work was done, all of which shall be at the sole cost and expense of the Licensee. If the Company shall, in a particular instance, determine that it is necessary for its own protection against the danger of damage arising during such work, it shall have the right, but shall not be required, to employ watchmen or other means for its protection; and if it shall do so, then the expense thereof shall be paid by the Licensee. 15 APR 2 4 1975 4th. If the Railway Company, for itself or on behalf of its lessees or gran- tees, should at any time or from time to time find it necessary or desirable to make changes in any existing building, tract, structure, or overhead or underground installation, or place any additional building, track structure, or overhead or underground installation on any premises where said wire line is lo- cated the Licensee agrees that it will promptly, at its own cost and expense and without cost or expense to the Railway Company or the Railway Company's lessees or grantees, upon receipt of written notice from the Railway Company so to do, relocate, change, or adjust said wire line as requested or required by the Railway Company. 5th. That the Licensee shall at al-1 times indemnify and save harmless the Company (and any tenant company maintaining wires along the right of way of the Company) against loss of or damage to property, and against all claims, demards actions or causes of action growing out of loss of or damage to property, or injury to or death of persons resulting in any manner from the construction, maintenance, use, state of repair, or presence of the transmission line upon the Company's premises (except where such loss of or damage to property or such injury to or death of persons is directly caused by the sole negligence of the Company) and shall promptly pay to the Company the full amount of any damages which the Company may sustain, incur or become liable for, and all sums which the Company may pay or be compelled to pay in settlement or satisfaction of any such claims, demands, actions or causes of action; but it is understood and agreed that the Company shall give to the Licensee prompt written notice of any such claim, demand or cause of action presented to it. It is further agreed that the Licensee shall have the right to defend, and it shall be its duty to defend, at its sole cost and expense all suits brought against the Company upon such claims, demands or causes of action re- sulting as aforesaid; and the Licensee may at its option, settle or compromise any and all such claims, demands or causes of action as it may deem best, taking all acquittances, discharges and releases therefor on behalf of the Company. The Company shall not be liable for any damage to the transmission line howsoever caused. 6th Licensee accepts the provisions of this contract and will occupy the premises of the Company subject to and in recognition of all rights of other licensees occupying the railway premises by agreement of the Company prior to the date of this contract, and will neither do any act nor omit to do any act that will be in violation of the license agreement between the Company and such I� other licensee. 7th. That if Licensee shall at any time intentionally fail or refuse to comply with or carry out any of the covenants herein contained, and such failure ,i or refusal shall continue for a period of sixty (60) days after written demand for such performance or compliance shall have been made upon the Licensee by the Company, which written demand shall specify the particulars in which there jl is such failure or refusal to comply, the Company may, at its election, without further notice, forthwith revoke this license, and in case of such election, or upon any termination hereof, the Licensee shall, upon request, forthwith remove the transmission line and restore the Company's premises to the condition in which they were prior to the construction of said transmission line. In case the Licensee shall fail to make such removal or restoration within sixty (60) days the Company may proceed with such work and the Licensee shall promptly repay to the Company the cost thereof. No waiver by the Company of any default or defaults or the right to terminate this license will be deemed or held to be a waiver of the right to terminate the same for any subsequent default or defaults, bur notwithstanding such waiver, the Company may terminate this license it on any subsequent default or defaults which may occur; nor shall any termination hereof release the Licensee from any liability or obligation (whether of indemnity or otherwise) which may have attached or accrued previous to or which may be accruing at the time of such termination. 8th. That the Licensee shall at all times, at its own expense, maintain the most effective system and use the best known and most effective methods to protect the lines, wires and service of the Company and of any licensee of the Company whose permission to use the Company's premises antedates the per- mission herein granted the licensee, from interference and physical hazard, and if necessary in order to prevent such interference or hazard, the Licensee shall, at its own expense, transpose its circuits or make such changes in the construc- tion or location of the transmission line as may be specified by the Company. 9th. If the Licensee moves or disturbs any of the property of the Company, then said Licensee agrees to restore said property in as good condition as it was before said property was disturbed by the said Licensee; and it is further expressly agreed and understood in this connection that said Licensee agrees to indemnify and save harmless the Company from all injuries and damages caused by the Licensee disturbing, removing or interfering with the property of the Company, and agrees to pay the Company for any and all damages that the said Company may sustain or have to pay, including court costs and attorney's fees, growing out of the moving or interfering with any property of the Company. loth. Any notice to be given by the Company to the Licensee hereunder shall be deemed to be properly served if the same be delivered to -an executive officer of the Licensee, or if deposited in the Post Office, postpaid, addressed to the Licensee at Box 2000, Lubbock, Texas 79457 II llth In the event the Licensee herein embraces two or more persons or corporations, all the covenants and agreements of the Licensee herein shall be the joint and several covenants and agreements of such persons or corporations. 196 A1'R 2.1 1975 12th. This agreement shall take effect the date hereof and, unless ter- minated as above provided, shall continue in force for a priod of one (1) year and thereafter until terminated by either party giving to the other six (6) months' notice in writing, of an intention to terminate the same; and this agreement shall terminate upon the expiration of such notice, and on such termination, all rights and privileges of the Licensee shall absolutely cease, except the right of removal of its property from the premises of the Company. No termination hereof shall affect the rights and liabilities, if any of the parties then or theretofore accrued under this agreement. 13th. This agreement shall bind and inure to the benefit of the parties hereto, their successors and assigns or heirs, executors and administrators; but the Licensee shall not assign, sublet or lease the premises in question and this contract without the written consent of the Company. In case Licensee does assign, sublet or lease, or attempts to assign, sublet or lease the pre- mises in question and this contract, or if there shall be an assignment by operation of law, without the written consent of the Company, it is expressly agreed and understood that in such event the Company has the option and right to cancel this said license and contract immediately and to require Licensee to vacate said premises. 14th.. It is expressly agreed and understood that if any article or provision of this license and contract shall be held void or illegal, that the same shall not be held to invalidate in any manner or way, any other provision or provisions, or article or articles, or parts thereof, of this said license and contract. In Witness Whereof, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST: ATTEST: FORT WORTH AND DENVER RAILWAY COMPANY, By Its Asst. to President LUBBOCK POWER AND LIGHT (CITY OF LUBBOCK) APPROVED: /s/ John L. Pilon Recommended: /s/ C.R. Vining, Chief Engineer 75-34-196-400 Jack Powers, Chairman of the Electric Utility Board, appeared before the City (34) Council and made the following report on interconnect: April 18, 1975 The Honorable Mayor and Members of the City Council City of Lubbock Box 2000 Lubbock, Texas Dear Mayor and Council Members: In compliance with your request at the February 27, 1975, meeting of the City Council, the following summary of progress for an Interconnect Agreement with Southwestern Public Service is presented: . 1. December 9, 1974, a letter was written to the Federal Power Commission in Fort Worth. (Attached) 2. December 19, 1974, a reply was received from the Federal Power Commission stating the information required. (Attached) 3. The Electric Utility Board met March 6, 1975, and authorized the Director to proceed with interconnect Study. 4. Jack Powers and Bill Wood met with Carroll McDonald, Lloyd Davis, and C.F. Mlinar of Southwestern Public Service on March 10. SWPS Stated that a proposal could be ready in approximately sixty days. 5. A letter was written to Southwestern Public Service to make request official. (Attached) 6. Information requestd by the Federal Power Commission has been compiled and is ready to be sent in as soon as the proposal is received from Southwestern Public Service. Sincerely, /s/ Jack Powers Chairman, Electric Utility Board JP: jb No action was taken on this item. 75-34-196-401 Bids were received for the purchase of a steam generator as per Specification (35) LB-102 from Foster Wheeler in the amount of $3,185,430 and from Riley Stoker in the amount of $3,258,741. After consideration of bids received, motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Foster Wheeler for the purchase of steam generator. 75-34-196-402 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion (36) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7071 on first reading. ORDINANCE N0. 7071 AN APPROPRIATION ORDINANCE 1'7 APP 2 11975 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 ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS The sum $3,185,430 For the following purpose: To purchase a Steam Generator as per Specification LB-102. 75-34-197-403 Bids were received for the purchase of a cooling tower as per Specification LB-120 (37) from Marley in the amount of $317,355, Lilie-Hoffman in the amount of $308,550, Ecodyne in the amount of $359,300 and Pritchard Products in the amount of $370,000. After consideration of bids received, motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Marley for a cooling tower. 75-34-197-404 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion (38) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7072 on first reading. ORDINANCE N0.7072 AN APPROPRIATION ORDINANCE 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 ELECTRIC' LIG.H-T AND POWER SYSTEM REVENUE BONDS The sum $317,355 For the following purpose: To purchase a Cooling Tower as per Specification LB420 75-34-197-405 Bids were received for a deaerating feedwater as per Specification LB-210 from (39) Envirex in the amount of $85,692, from Cochran in the amount of $87,292, from Ecodyne in the amount of $92,067 and from Chicago Heater in the amount of $107,456 After consideration of bids received, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Envirex for the purchase of deaerating feedwater heater. 75-34-197-406 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion (40) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7073 on first reading. ORDINANCE NO. 7073 AN APPROPRIATION ORDINANCE 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 ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS The sum $85,692 For the following purpose: To purchase a Deaerating Feedwater Heater as per Specification LB-210. 75-34-197-407 Bids were received for a surface condenser as per Specification LB-215 from (41) Maryland Shipbuilding & Drydock Co. in the amount of $387,380, from Foster Wheeler in the amount of $333,295, and from Delaval in the amount of $326,366. After consideration of bids received, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Maryland Shipbuilding and Drydock Co. for surface condenser. 75-34-197-408 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion (42) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting May to pass Ordinance No. 7074 on first reading. F 198 qp R 2 t 1975 .ORDINANCE NO. 7074 AN APPROPRIATION ORDINANCE 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: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS The sum $387,380 For the following purpose: To purchase a Surface Condenser as per Specification LB-215. 75-34-198-409 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion (43) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7075 on first reading. ORDINANCE NO. 7075 AN APPROPRIATION ORDINANCE 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: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS The sum $2,293,528.00 For the following purpose: To purchase one Steam Turbine -Generator Unit as per Specification LB-200. 75-34-198-410 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion (44) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the recommendations of Tippett and Gee that, since the bids for the vertical pumps were not responsive and the condensate pump bid did not meet the requirements, these items be re -bid as soon as possible. 75-34-198-411 Motion was made by Councilman Henry, seconded by Councilman Campbell, motion (45) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell 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 Change Order No. 2 to an agreement between the City of Lubbock and H.B. Zachry Company covering the construction of a concrete overlay to the E/W Runway at Lubbock Regional Airport by deducting FIVE THOUSAND ONE HUNDRED SIXTY-THREE DOLLARS ($5,163.00) from the amount of such contract, such Change Order being attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of April, 1975. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney To: H. B. Zachry Company P. 0. Box 21130 San Antonio, Texas 78285 /s/ ROY BASS, MAYOR CHANGE ORDER NO. 2 Runway 8-26 Improvements Lubbock Regional Airport Lubbock, Texas ADAP PROJECT N0. 8-48-0138-06 General description of work included in contract: The construction of approximately 125,000 square yards of rigid overlay pavements on existing runway, construction of taxiway connections, installation of new high intensity runway lighting system, installation of VASI-4 system, installation of NDB (non -directional beacon), removal of existing pavement and other incidental items of work. Original amount of contract--------------------- $3,248,108.00 99 APR 2.1 1975 Change Order No. 1--------------(No. Change)--- -0- Change Order No. 2--------------------- (Deduct)- 5,163.00 Adjusted Contract Price-------------------- $3,2 2,9 5.00 Adjustment in Construction Time------------ -0- WHEREAS, it is desirable to make changes in the installation of dowel bars to be constructed under this project to provide for removing and replacing dowels in preformed holes. THIS AGREEMENT WITNESSETH: In consideration of the mutual advantage gained, the Owner and -the Contractor agree to the changes indicated below and further agree that the amount of the contract shall be adjusted by the amount shown above. 1. On page 5-15, Pagraph 5-3.10(a) (3) Dowel Bars, the following shall be inserted following the last sentence on the page: "Installation of smooth dowel bars in construction joints by removing and replacing dowels in preformed holes will be permitted providing.the-following requirements are met. Alinement of the dowels shall be as specified above. Dowel bars shall be greased on the end to be inside the forms and secured in proper position and alinement prior to placement of concrete within the forms. As the concrete begins to-s-et, bars shall be rotated to prevent bonding of concrete to the bars. This shall be done carefully to prevent damage to the concrete and displacement of dowels. After the concrete has set for at least 12 hours, the dowels may Be removed to allow removal of the forms. Removal shall be done carefully to prevent damage to the concrete. Dowels shall be regreased and replaced in the formed holes at least 500 feet ahead of concrete placement to allow inspection of dowel alinement. All preformed holes shall be thoroughly cleaned prior to replacement of the dowels." There shall be no change in the contract unit prices for the items of work affected by the changes in installation of dowel bars. The aforementioned changes, and work affected thereby, are subject to all construct stipulations and covenants. The Owner and the Contractor agree that there will not be an adjustment to the time allowed for completion of the project for the above -listed changes. IN WITNESS WHEREOF, the Owner and the Contractor have here.to set their hands this the 24th day of April, 1975. ------------------------------------------------------------------------------ RECOMMENDED: PARKHILL, SMITH & COOPER, INC., Constuiting Engineers By /s/ E. B. Waver, Proj. Eng. 4-22-1975 APPROVED: H. B. ZACHRY COMPANY, Contractor By /s/ E. M. Kreusel, Senior Vice President, 4-14-1975 APPROVED: CITY OF LUBBOCK, TEXAS, Owner By /s/ Roy Bass, Mayor, 4-24, 1975 ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED: FEDERAL AVIATION ADMINISTRATION By 1975 75-34-199-412 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion (46) carried, Councilman West, Councilwoman Jordan and Councilman Henry voting Yea, Mayor Bass and Councilman Campbell voting Nay to approve the request of the Lubbock Humane Society that the City print 750 "Kindness Kits" at a cost of approximately $250 to $300. These kits will be distributed through the Lubbock schools. 75-34-199-413 Motion Was made by Councilman West, seconded by Councilman Campbell, motion (47) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed authorizing the sub- mission of a grant application for operating assistance for our mass transit system. RESOLUTION RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE URBAN MASS TRANSPORTATION ADMINISTRATION OF THE UNITED STATES OF AMERICA, FOR A GRANT UNDER SECTION 5 OF THE NATIONAL MASS TRANSPORTATION ACT OF 1974 AS AMENDED. WHEREAS, the Secretary of Transporation is authorized to make grants for mass transporation projects; and WHEREAS, the contract for operating assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and WHEREAS, it is required by the U.S. Department of Transporation in accordance with the provisions of Title VI of the Civil Rights Act of 1964, that in connec- tion with the filing of an application for assistance under the National Mass Transportation Act of 1974, as Amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements hereunder: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lubbock: 200 ApP 2 75-34-200-414 (47a) 1175-34-200 -41 5 75-34-200-416 (49) 75-34-200-417 (50) ►5-34-200-418 (51) 75-34-200-419 (52) 1. THAT Mayor of the City of Lubbock is authorized to execute and file an application on behalf of the City of Lubbock, Texas, with the U.S. Department of Transportation, to aid in the financing of Mass Transit operating expenses. 2. THAT the Mayor of the City of Lubbock is authorized to execute and file with such application an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. THAT Bill McDaniel, Director of Traffic, is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application of the project. Passed by the Council this 24th day of April, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize the City Manger to reallocate revenue sharing funds, previously set aside for transit operation, as necessary for other operating and capital purposes, and to appropriate 1974-75 budget funds for transit opera- tions. The following bids were received for the purchase of traffic citation forms for Municipal Court, being Bid No. 3347• Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Data Documents, Inc., Oklahoma City, for the purchase of traffic citation forms for Municipal Court. The following bids were received for the purchase of miscellaneous water items for warehouse stock, being Bid No. 3349• Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of M.B. McKee Co. for the purchase of Items 1,2,3,5 and 6; accept the bid of Fields & Co. for the purchase of Item 4. The following bids were received for the purchase of miscellaneous cast iron fittings for the Engineering Department, being Bid No. 3355. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Industrial International, Inc., for the purchase of miscellaneous cast iron fittings for the Engineering Department. The following bids were received for the purchase of a service truck bed with equipment for the Public Works Department, being Bid No. 3350. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Parkinson Machinery and Supply Co. for the purchase of a service truck bed with equipment for the Public Works Department. The following bids were received on the 1975 Paving Program, being Bid No. 3384. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Lubbock Asphalt Products for the 1975 Paving Program. KI APR 24 i 97; 75-34-201-420 (53) Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint Ben Stribling and Mrs. Mary Vines to the Planning and Zoning Commission to fill the unexpired terms of George Morris and Mrs. Ann Williams. These terms will expire November 16, 1977. 75-34-201-421 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion (54) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint Mrs. Millie Monte to the Human Relations Commission to replace Lee Pennington, who resigned, with this term expiring May 25, 1976; and, appoint Gerald Askew to replace Oscar Jones, Barbara Price to replace Mrs. Caesar Graves, Mrs. Lenin Juarez to replace Mrs. Juan Chadis and to reappoint Roy Roberts and Percy Hines. These are three year terms and will expire May 25, 1978. 75-34-201-422 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion (55) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to reappoint Van White and Dr. Lloyd M. Garland to the City -County Joint Airport Zoning Board. These terms are for two years and will expire October 19, 1977. 75-54-201-423 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion (56) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to set the following terms of office for six representatives from the Public Sector of the Community Services Commission in accordance with Ordinance No. 7049: Two Year Terms County Judge Rod Shaw Expiring April 1, 1977 Mayor Roy Bass Fire Chief Hershel Sharp On'e Year Terms A.C. Bowden Expiring April 1, 1976 Warner Sims Clyde Morganti 75-34-201-424 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion (57) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint Loyd Sanders to the Cemetery Board to replace Mrs. Hattie Hasie, who resigned. This term will expire January 8, 1977. 75-34-201-425 Don R. Kidd appeared before the City Council representing Anton Kubacak, re- (13) questing that paving escrow on paving costs adjacent to Lot 1, Block 35, Suburban Homes Addition be returned to Mr. Kubacak. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to return Mr. Kubacak's escrow money to him if he will furnish a bond to the City in a form satisfactory to the City Attorney's office, that the paving costs will be paid when the paving is put in and if it is not satisfactory to Mr. Senter, City Attoney, he will report back to the City Council, at which time the Council will determine whether to reopen the matter of refunding the escrow. 75-34-201-426 Motion was made by Councilman Campbell, seconded by Councilman West, motion (27) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to grant the request of the developers that they be allowed to pave the east one-half of Albany Avenue between 71st Street and 73rd Street. 75-34-201-427 Motion was made by Councilman Campbell, seconded by Councilman West, motion (28) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize final payment to Neogard Corporation in the amount of $19,846.85 for repairing and waterproofing concrete reservoir roof decks. The contract cost and the final cost was $150,836.33, this money being paid from Revenue Sharing funds. April 24, 1975 Honorable Mayor and City Council City of Lubbock CERTIFICATE OF COMPLETION Gentlemen: i have inspected the Repairing and Waterproofing of Concrete Reservoir Roof Decks, FRS 4013, dated September 26, 1974, and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorized final payment to the contractor. Sincerely, /s/ Wilford D. Watson City Engineer ES/pj �V4 2 - 1975 CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS X COUNTY OF DALLAS Before me, a Notary Public in and for Dallas County, Texas, on this day personally appeared Wayne P. Gray, who being by me duly sworn, upon oath says: I, Wayne P. Gray, on behalf of The Neogard 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 September, 1974, for repairing and waterproofing concrete reservoir roof decks, Amount - $1501836.33 under FRS 4013, 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 o.f said project or the moneys, bonds, or warrants due the contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. further represent and affirm that all Federal, State and Municipal laws were substantially complied with by me in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this 27th day of March, 1975. Attest: /s/ Michael Flanigan /s/ Wayne P. Gray President, The Neograd Corporation Subscribed and sworn to before me this the 27th day of March, 1975. /s/ W. J. Grayson Notary Public in and for Dallas County, Texas 5-34-202-428 Motion was made by Councilman Campbell, seconded by Councilman West, motion (26) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS,the City of Lubbock passed a resolution on May 23, 1974, authoriz- ing the construction of street improvements by LUBBOCK ASPHALT PRODUCTS, INC., on a portion of the following streets: Stanford Street from its intersection with a line 3.00 feet West of the West Property Line of the alley West of University Avenue to its intersection with the West curb line of Akron Avenue, known and designated as Sub -Unit Number 10 of Unit Number 2234. AND WHEREAS, the improvements upon the said portion of the abovementioned street have been inspected and found to have been constructed according to the approved plans and specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: That the improvements on said portion of the abovementioned street be, and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's share. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 24TH DAY OF APRIL, 1975. ATTEST: /s/ Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson, City Engineer /s/ ROY BASS, MAYOR APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney [i] APR 24 CONSOLIDATED FINAL ESTIMATE STANFORD STREET Accepted April 24, 1975 QUANTITIES S.Y. Unit & Paving L.F. Sub -Unit Location 6" Base C. & G 223 -10 Stanford Street from 3' W. of 1 05.79 93 .79 The WPL of the alley West of University Avenue to the West Curb Line of Akron Avenue COST ESTIMATE t 05.79 934.74 COST DISTRIBUTION S.Y. Paving 6" Base L.F. Curb & Gutter @ $2.50 $4,514,48 @ $2.50 $2,336.85 CONTRACT COST $ T,7T 51.33 Unit & Contract Property City to Sub - Unit Cost Owner Cost Contractor 223 -10 51.33 ,7 9.95 1.3 PROPERTY OWNER COST BREAKDOWN Mr. Lewis Murfee $3,384.97 Mr. Van White $3,384.98 NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY JOURNED FROM REGULAR MEETING, April 24, 1975. Ahmw ATTEST: AROBAS, MAYOR Treva Phillips, Aity Secretary -Treasurer READ AND APPROVED THIS THE 8th day of May, 1975. r/1 ATTEST: ROY BAS , MAYUR eva Phillips, gAty Secretary -Treasurer COUNCIL AD-