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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/22/1976141 APR 2 2 197,6 J REGULAR CITY COUNCIL MEETING APRIL 22, 1976 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 Bill McAlister, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None 76-35-141-390 The invocation was given by Mayor Roy Bass. (1) 76-35-141-391 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 76-35-141-392 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (3) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve City Council Minutes - Regular Meetings held March 29 and April 8, 1976, and Special Meetings held March 30, April 5 and April 12, 1976, as corrected. 76-35-141-393 Marion Sanford, representing the Lubbock Industrial Foundation, appeared before the City Council (11) requesting approval for Guerdon Industries, Inc., to sub -lease a portion of Lot 7, Lubbock Industrial Park Addition, to Chupik Corporation. After consideration of all information presented, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass the follow- ing resolution authorizing the Mayor to execute an Agreement between the City of Lubbock, Guerdon Industries, Inc., and Chupik Corporation consenting to the sub -lease of Lot 7, Lubbock Industrial Park Addition. 1 76-35-141--394 (12) RF.CnT_TTTT0M 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 an Agreement between the CITY OF LUBBOCK, GUERDON INDUSTRIES, INC. and CHUPIK CORPORATION consenting to the sub -lease of Lot 7, Lubbock Industrial Park Addition, 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 22nd day of April, 1976. ATTEST: /s/ Treva Phillips _ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter,_ Jr. _ Fred 0. Senter, Jr., City Attorney /s/ Roy Bass ROY BASS, MAYOR See copy of Agreement on file in the Office of the City Secretary. Loyd Sanders, Chairman of the Cemetery Board, appeared before the City Council with the Board's recommendations that the cost of cemetery lots be increased $50 per lot with the exceptions of Block A, Block B, Block 20, Block 29, the southern portion of Section E and all infant spaces. The Board further recommended that $500 per month be designated for use in advertising the cemetery property. After consideration of all information presented, motion was made by Council- woman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the rate increase as recommended by the Cemetery Board and asked the Board to further investigate the advertising program. 76-35-141-395 Mr. Jackie Mize appeared before the City Council to discuss the proposed closing of the south (13) 15.00' of Lot 15, Caver Subdivision. Jack Nelson, Attorney representing A. J. Malouf owner of the adjacent property, appeared in opposition to the closing of this alley. After consideration of all information presented, it was unanimously agreed by the City Council to hold this item until the May13, 1976 council meeting. 76-35-141-396 (15) Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7237 on second and final reading. ORDINANCE 7237 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 Captial Projects Funds The sum $30,000.00 For the following purpose: Replace 6 inch cast iron water line in Ave. Q from 24th St. to 34th St. ahead of repaving. 142 APR 2 2 1976 76-35-142-397 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (16) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7238 on second and final reading. ORDINANCE NO. 7238 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubobck 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 BOND FUND The sum $50,000 For the following purpose: To purchase necessary materials and labor for construction of under- ground feeder lines out of McCullough Sub -station. 76-35-142-398 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (17) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7239 on second and final reading. ORDINANCE NO. 7239 AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "MILK AND MILK PRODUCTS" BY AMENDING SECTION 17-1 THEREOF GOVERNING MILK GRADING AND LABELING; AMENDING SECTION 17-2 THEREOF PROVIDING FOR PERMITS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-142-399 Glenn Johnson, a representative of the State Department of Public Highways and Transportation (14) appeared before the City Council to request approval of Lubbock Federal Aid Urban System and Urban Area Boundary Map and a resolution authorizing the Mayor to sign the map. After considera- tion of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass the following resolution. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to sign the Lubbock Federal Aid Urban System and Urban Area Boundary Map, as approved by the City Council, 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 22nd day of April, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney /s/ ROY BASS ROY BASS, MAYOR 76-35-142-400 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (18) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RRCnT_TTminAT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK a Contract to be entitled "CONTRACT FOR PIPE LINE ACROSS OR ALONG RIGHT-OF-WAY" to be dated as of March 8, 1976, to be entered into by and between said City as Licensee and Fort Worth and Denver Railway Company as Licensor, permitting said Licensee to cross said Licensor's Right -of -Way with 21 inch water pipe line at M.P.L. 357 plus 1516 feet in Yellowhouse Canyon in Lubbock County, Texas, 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 22nd day of April, 1976. ATTEST: /s/ Roy Bass /s/ Treva Phillips ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 143 A-P.R `' 2 2 IM w ,. 0. CONTRACT FOR PIPE LINE ACROSS OR ALONG RIGHT OF WAY THIS AGREEMENT, Made and entered into as of this 8th day of March, 1976, between FORT WORTH AND DENVER RAILWAY COMPANY, hereinafter called the "Railway," and CITY OF LUBBOCK of Lubbock State of Texas 79412, hereinafter called the "Licensee." WITNESSETH: ARTICLE 1: In consideration of Five hundred dollars ($500.00) initial and only to be paid by Licensee to Railway immediately upon the execution of this agreement, and upon the terms and conditions hereinafter set forth, Railway hereby grants unto Licensee license to enter upon the premises of Railway at Mile Post L-357+1516', Lubbock, Lubbock County, Texas and construct and thereafter maintain across or along said premises at the sole expense of Licensee, a twenty one (21) inch pipe line to be used for conveying water only, the location of said pipe line being shown in red on the Railway's print No. 21-106/312-4 hereto attached, marked Exhibit "A", and made a part hereof. ARTICLE 2: The top of said pipe line shall be placed at a depth of not less than five (5) feet six (6) inches below the base of the rails of the track or tracks of Railway where it passes under the same and not less than three (3) feet below the surface of the ground at any point on Railway's property. If the said pipe line shall be of a diameter four inches or larger the por- tion of same directly under the said track or tracks, and under the roadbed thereof, shall be of cast iron or other material of approved strength. ARTICLE 3: The said pipe line shall be constructed and maintained in such manner and at such time or times and of such materials as shall meet with the approval of the Superintendent of Railway, and as shall not hinder, delay or endanger the operation of engines, trains, cars or business of Railway over its track or tracks now laid or hereafter laid on said premises, or in any manner interfere with the present or future use of said premises. The Licensee shall not enter upon said premises for the purpose of constructing, maintaining or removing said pipe line except forty-eight hours' notice to Superintendent of Railway, and then a designated representative of Railway may oversee or inspect all of said work as it progresses, at the expense of Licensee, and performance of such work shall be subject to his approval. If deemed necessary by Railway so to do, Licensee shall, at the expense of Licensee, support the said track or tracks, as directed by Railway, while the work of constructing, maintaining or removing said pipe line is being done *See Notation - Signature Page In the event the pipe line shall be used to carry any liquid or other substance under pres- sure, and shall be located under any track or within forty-five (45) feet of any track, bridge or structure of the Railway, the pipe line shall be constructed and' maintained strictly in accordance with Railway's Plan No. 105998 D, copy of which shall be attached to, and thereby become a part of, this agreement. In case Railway shall, after said pipe line has been constructed, build upon its premises any additional track or tracks, or structures, or make any changes in existing tracks or structures over said pipe line, the Licensee shall, at once, at its own expense, make such changes in its said pipe line as may be necessary to make the same conform in its relation to said new tracks or structures, or changes in existing tracks or structures, in all respects to the conditions herein required for said present tracks or structures, or as may be required by the Railway. ARTICLE 4: In the event any cathodic electrolysis or other electrical grounding system is installed in connection with said pipe line which in the opinion of Railway in any way inter- feres with any train signals, telephone or telegraph lines, or other facilities of Railway, the Licensee immediately shall discontinue operation of and remove said grounding system, or take such steps as may be necessary to avoid all such interference. Licensee further agrees to in- demnify and save harmless Railway from and against any damages, claims, losses, suits or expenses in any manner arising from or growing out of interference with the signals, telephone or telegraph lines of Railway by the operation, use or existence of any such grounding system. ARTICLE 5: The Licensee further covenants and agrees at all times during the existence of said pipe line upon the premises of Railway to keep and maintain the soil over the same thoroughly compacted, and the grade even with the adjacent surface of the ground, and that Licensee will at all times release, protect, indemnify and save harmless Railway from all claims, demands, judg- ments, loss, costs and expenses, for injury to or death of any person, or loss or damage to the property of any person or persons whomsoever (including both parties hereto and their employee), in any manner arising from or growing out of in whole or in part, the construction, reconstruction, maintenance, operation, repair, change, existence, use or removal of said pipe line or the sub- sidence of soil over the same whether caused by the negligence of the Railway, its servants or employees, or otherwise. ARTICLE 6: If Licensee shall well and faithfully comply with all the terms, convenants, and conditions herein set forth on the part of Licensee to be observed and complied with, the license herein granted by Railway shall continue in force to the full expiration of the period of one (1) year from the date hereof, and thereafter until terminated, upon not less than sixty (60) days' wirtten notice by either party hereto to the other; but if Licensee shall fail to perform any of the covenants herein contained, Railway shall have the right to terminate this license forthwith and without notice. Any notice herein provided for shall be sufficiently given and delivered if mailed in an envelope properly stamped and addressed to Licensee. Upon the termination of this license in any of the modes herein provided for, Licensee shall, at its own expense, upon being notified so to do by Railway, remove said pipe line from said pipe premises, and restore the ground to a safe and level condition, and in case of its failure so to do, the Railway may at its option, either remove the said pipe line from said premises at the sole expense of Licensee, or disconnect the same at points where it enters and leaves the said premises. ARTICLE 7: The Licensee shall not transfer or assign this license without the written consent of Railway. The said license shall be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. 44 W R 2. 2 1976 G; ARTICLE 8: Licensee shall comply with all applicable laws and ordinances and all rules, .I regulations, and requirements of any Governmental authority promulgated thereunder controlling environmental standards and conditions on the premises. If, as a result of the Licensee's occupancy of the premises and its operations hereunder, any such law, ordinance, rule regulation, or requirement is violated, Licensee shall protect, save harmless, defend and indemnify Railway from and against any penalties, fines, costs, and expenses, including legal fees and court costs incurred by Railway, caused by, resulting from, or connected with such violation or violations. *NOTATION: The Track Supervisor Mr. B. E. Myers of Plainview, Texas will Inspect the pipe line encasement and approve or disapprove the line prior to permitting the installation of the Carrier Pipe. IN WITNESS WHEREOF, the Parties hereof have caused this agreement to be executed on the day and year first herein written. ATTEST: Secretary ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ W.L. Peck RECOMMENDED: /s/ C.R. Vining FORT WORTH AND DENVER RAILWAY COMPANY. BY Its Asst, to President CITY OF LUBBOCK By /s/ Roy Bass ROY BASS, MAYOR 76-35-144-401 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (19) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RF.g07.TTTT0V 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 with the ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, respecting two bicycle - walk paths, two wing fences, and one 14-inch water pipe line at Santa Fe Bridge No. 0.5 and across said railway's tracks at M.P. 0 plus 2826.12 feet to M.P. 0 plus 2936.28 feet and water line crossing at M.P. 0 plus 3025.8 feet, all as shown on print attached thereto dated December 22, 1975, 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 22nd day of April, 1976. ATTEST: _/s/ Roy Bass /s/ Treva Phillips ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney AGREEMENT, Made as of this 22nd day of April, 1976, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation, (hereinafter called "Santa Fe"), party of the first part, and CITY OF LUBBOCK, TEXAS, a municipal corporation, (hereinafter called "City"), party of the second part, W I T N E S S E T H• RECITALS: — --- In connection with the so-called Canyon Lakes Project, the City plans to construct three dams along Yellowhouse Creek, which presently crosses Santa Fe's property and under Santa Fe's Bridge No. 0.5, at Lubbock, Lubbock County, Texas. In connection with said project, the City desires to use a portion of Santa Fe's property in the vicinity of Bridge 0.5, on which to construct, maintain and use two bicycle - walk paths, two wing fences, and one water pipe line, which is agreeable to Santa Fe upon the terms and condi- tions hereafter stated. A G R E E M E N T: ARTICLE I 1. Santa Fe, for and in consideration of One Hundred and Fifty and No/100ths Dollars ($150.00) cash to it paid by City, the receipt whereof is hereby acknowledged, and of the full and faithful performance by City of its covenants hereinafter set forth, hereby licenses City to use a portion of Santa Fe's property situated at Lubbock, Lubbock County, Texas, for the purpose of constructing, maintaining and using two bicycle -walk paths, two wing fences, and one 14-inch water pipe line, license to use which is hereby given, being shown on Print AGM-E No. X-1-202, 15 APR-12 1976 dated December 22, 1975, hereto attached, mark Exhibit "A", and made a part hereof. ARTICLE II In consideration of the aforesaid license, City covenants and agrees to and with Santa Fe as follows: 1. That it Vill use the licensed premises exclusively as sites for aforesaid bicycle - walk paths, wing fences, and water line. 2. That it will not let or sublet the whole or any part of the licensed premises for any purpose whatsoever or assign this license without the written consent of Santa Fe in each instance. 3. That in case of eviction of City by anyone owning or claiming title to the whole or any part of the licensed premises, Santa Fe shall not be liable to City for any damage of any nature whatsoever. 4. That if the licensed premises, or any part thereof, cease to be used at any time for the purpose licensed, City will deliver up to Santa Fe the possession of the whole, or such part so ceased to be used. 5. That it will be use the licensed premises and maintain said facilities to be located thereon in such manner as not to interfere with, hinder, or in any way obstruct the use by Santa Fe of the railroad or other property adjacent thereto. In the event of a breach of this covenant at any time, City will, within ten days after receipt of written notice from Santa Fe thereof, do whatever may be necessary to remedy such condition, and if City should fail so to do within said time, Santa Fe may do so at City's expense, bill for the cost of which City will promptly pay. 6. That it shall at all times indemnify and save harmless Santa Fe against and pay in full all loss, damage or expense that Santa Fe may sustain, incur or become liable for, resulting in any manner from the design, construction, maintenance, use, state of repair, or presence of said facilities, including any such loss, damage or expense arising out of (a) loss of ar damage to property, (b) injury to or death of persons, (c) mechanics or other liens of any character, or (d) taxes or assessments of any kind. City further agrees that, without in any way limiting its obligations under the preceding paragraph of this Section 6, it will procure and maintain in full force and effect during the en- tire term of this agreement, Comprehensive General Liability Insurance covering injury to or death of persons with limits of $100,000.00 per person and $300,000.00 per occurrence, to partially cover City's liability and indemnity obligations under this Section 6, Article II, of this agreement. In the event said construction work on Santa Fe property is performed by City's con- tractor, City will require said contractor to procure and maintain in full force and effect during construction, Comprehensive General Liability Insurance and Contractual Liability Insurance with a combined single limit of $500,000.00, or its equivalent, to cover City's liability and indemnity obligations under this Section 6, Article II, of this agreement. 7. That no legal right of Santa Fe to maintain, use and relocate the railroad track or tracks or other railroad facilities now located upon the licensed premises, or to construct and thereafter maintain, use and relocate any additional tract or tracks or other railroad facili- ties as it may desire upon or across said licensed premises shall be in anywise affected by the giving of this license. 8. That it will bear and pay the entire cost of designing, constructing and maintaining said facilities upon the licensed premises. 9. That if it shall become necessary in the future reconstruction and/or maintenance of said facilities to make any changes or alterations in Santa Fe's right of way fences, signal, power and/or communciation pole wire lines, and/or other facilities located upon the licensed premises, such changes or alterations, if agreeable to Santa Fe, will be made by Santa Fe at City's expense, bill for the cost of which City will promptly pay. 10. That this license is made subject to all existing contracts, agreements, licenses and easements which may affect said property, covering roads, public or private; pole lines and appurtenances; pipe lines or other facilities. 11. That all the covenants hereof shall inure to the benefit of the successors and assigns of Santa Fe, to the same extent as to Santa Fe. ADTTrTr TTT The parties mutually agree that this license shall be effective from its date, and thereafter until terminated by either party giving to the other six (6) months' written notice of its de- sire to terminate the same. On such or any other termination, City will surrender possession of the licensed premises to Santa Fe. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in dupli- cate on the day and year first above written. The A.T.&S.F. Ry CO. Description Approved /s/ L.C. Harris For AGM -Engineering Western Lines THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY BY Its Assistant to General Manager CITY OF LUBBOCK APPROVED AS TO FORM By /s/ Roy Bass, Mayor 146 APB .� 2 1976 76-35-146-402 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (20) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RRG(1T.TTTTON 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 with the Atchison, Topeka and Santa Fe Railway Company respecting inundation, two bicycle -walk paths, two wing fences and one 14-inch water line near Santa Fe Bridge No. 672.9 and across tracks at or about M.P. 672 plus 4929.4 feet to M.P. 672 plus 4723.9 feet to Lubbock County, Texas, as shown on print attached thereto dated December 23, 1975, 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 22nd day of April, 1976. ATTEST: /s/ Treva Phillips _ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney R E C I T A L S: /s/ Roy Bass ROY BASS, MAYOR AGREEMENT, Made as of this 22nd day of April, 1976, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation, (hereinafter called "Santa Fe"), party of the first part, and CITY OF LUBBOCK, TEXAS, a municipal corporation, (hereinafter called "City"), party of the second part, W I T N E S S E T H• In connection with the so-called Canyon Lames Project, the City plans to construct three dams along Yellowhouse Creek, which presently crosses Santa Fe's property and under Santa Fe's Bridge No. 672.9, at Lubbock, Lubbock County, Texas. City will construct Dam No. 3 in the vicinity of said Bridge 672.9 and City desires to inundate a portion of Santa Fe's property in this vicinity, and construct, maintain and use two bicycle - walk paths, two wing fences, and one water pipe line, which is agreeable to Santa Fe upon the teams and conditions hereafter stated. A G R E E M E N T: ARTICLE I 1. Santa Fe, for and in consideration of One Hundred and Fifty and No/100ths Dollars ($150.00) cash to it paid by City, the receipt whereof is hereby acknowledged, and of the full and faithful performance by City of its covenants hereinafter set forth, hereby licenses City to use a portion of Santa Fe's property situated at Lubbock, Lubbock County, Texas, for the purpose of constructing, maintaining and using two bicycle -walk paths, two wing fences, and one 14-inch water pipe line, license to use which is hereby given, being shown on Print AGM-E No.-4-25696, dated December 23, 1975, hereto attached, mark Exhibit "A", and made a part hereof. ARTTrT.R TT In consideration of the aforesaid license, City covenants and agrees to and with Santa Fe as follows: 1. That it will use the licensed premises exclusively as sites for aforesaid inundation, bicycle - walk paths, wing fences, and water line. 2. That it will not let or sublet the whole or any part of the licensed premises for any purpose whatsoever or assign this license without the written consent of Santa Fe in each instance. 3. That in case of eviction of City by anyone owning or claiming title to the whole or any part of the licensed premises, Santa Fe shall not be liable to City for any damage of any nature whatsoever. 4. That if the licensed premises, or any part thereof, cease to be used at any time for the purpose licensed, City will deliver up to Santa Fe the possession of the whole, or such part so ceased to be used. 5. That it will be use the licensed premises and maintain said facilities to be located thereon in such manner as not to interfere with, hinder, or in any way obstruct the use by Santa Fe of the railroad or other property adjacent thereto. In the event of a breach of this covenant at any time, City will, within ten days after receipt of written notice from Santa Fe thereof, do whatever may be necessary to remedy such condition, and if City should fail so to do within said time, Santa Fe may do so at City's expense, bill for the cost of which City will promptly pay. 6. That it shall at all times indemnify and save harmless Santa Fe against and pay in full all loss, damage or expense that Santa Fe may sustain, incur or become liable for, resulting in any manner from the design, construction, maintenance, use, state of repair, or presence of said facilities, including any such loss, damage or expense arising out of (a) loss of or damage 14 APR 22 1971 M" F r ii to property, (b) injury to or death of persons, (c) mechanics or other liens of any character, or (d) taxes or assessments of any kind. City further agrees that, without in any way limiting its obligations under the preceding paragraph of this Section 6, it will procure and maintain in full force and effect during the en- tire term of this agreement, Comprehensive General Liability Insurance covering injury to or death of persons with limits of $100,000.00 per person and $300,000.00 per occurrence, to partially cover City's liability and indemnity obligations under this Section 6, Article II, of this agreement. In the event said construction work on Santa Fe property is performed by City's con- tractor, City will require said contractor to procure and maintain in full force and effect during construction, Comprehensive General Liability Insurance and Contractual Liability Insurance with a combined single limit of $500,000.00, or its equivalent, to cover City's liability and indemnity obligations under this Section 6, Article II, of this agreement. 7. That no legal right of Santa Fe to maintain, use and relocate the railroad track or tracks or other railroad facilities now located upon the licensed premises, or to construct G and thereafter maintain, use and relocate any additional tract or tracks or other railroad facili- ties as it may desire upon or across said licensed premises shall be in anywise affected by the giving of this license. 8. That it will bear and pay the entire cost of designing, constructing and maintaining said facilities upon the licensed premises, including any and costs made necessary or required by inundation of Santa Fe's property. 9. That if it shall become necessary in the future reconstruction and/or maintenance of said facilities to make any changes or alterations in Santa Fe's right of way fences, signal, power and/or communciation pole wire lines, and/or other facilities located upon the licensed premises, such changes or alterations, if agreeable to Santa Fe, will be made by Santa Fe at City's expense, bill for the cost of which City will promptly pay. 10.That itshall, without expense to Santa Fe, drain the lake under Santa Fe's said Bridge 672.9 within five (5) days of receiptof request from Santa Fe and keep the said lake drained as long as necessary for Santa Fe to perform required inspection, maintenance and/or construction without interference of the lake. 11. That this license is made subject to all existing contracts, agreements, licenses and easements which may affect said property, covering roads, public or private; pole lines and appurtenances; pipe lines or other facilities. 12. That all the covenants hereof shall inure to the benefit of the successors and assigns of Santa Fe, to the same extent as to Santa Fe. ARTICLE III The parties mutually agree that this license shall be effective from its date, and thereafter until terminated by either party giving to the other six (6) months' written notice of its de- sire to terminate the same. On such or any other termination, City will surrender possession of the licensed premises to Santa Fe. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in dupli- cate on the day and year first above written. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY By Its Assitant to General Manager CITY OF LUBBOCK /s/ Roy Bass, Mayor 76-35-147-403 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (21) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION PROVIDING FOR NOTICE OF MEETING AND PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF LUBBOCK CONCERNING THE APPROVING OF AMENDED URBAN RENEWAL PLANS FOR COMMUNITY DEVELOP- MENT REHABILITATION AND REDEVELOPMENT AREAS NUMBERS 2 AND 11, AND PROVIDING FOR NOTICE OF SUCH MEETING AND HEARING WHEREAS, the Urban Renewal Law of the State of Texas requires the City Council to hold a public hearing on a proposed Urban Renewal Plan before it may approve the Urban Renewal Plan after notice of hearing has been given by publications in the manner described and the City Council may proceed with such hearing after it has received recommendations from the Planning and Zoning Commission and the Urban Renewal Agency as to a Plan conforming with the general plan for develop- ment of the City as a whole; and WHEREAS, the amended Urban Renewal Plan for Community Development Rehabilitation and Re- development Area Number 2 was reviewed and approved by the Planning and Zoning Commission on March 4, 1976, and by the Urban Renewal Agency of the City of Lubbock on February 17, 1976, and recommendations were made to the City Council; and WHEREAS, the amended Urban Renewal Plan for Community Development Rehabilitation and Redevelopment Area Number 11 was reviewed and approved by the Planning and Zoning Commission on April 1, 1976, and by the Urban Renewal Agency of the City of Lubbock on March 16, 1976, and recommendations were made to the City Council; and WHEREAS, said Renewal Plans and recommendations have been reviewed by the City Council of the City of Lubbock; and WHEREAS, it is the purpose and intent of the City Council of the City of Lubbock, on this 14 P R 2 2 1976 date and at this time and place specified in the Form of Notice contained in Section 1 hereof, to hold a public hearing on the question of adopting a Resolution to approve and adopt the said Urban Renewal Plans substantially in the form of the Resolution set forth in the Form of Notice; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the following notice is hereby ordered to be published by the City Council of the City of Lubbock, said notice to be published in the April 25, 1976, May 2, 1976, and May 9, 1976 issues of the Lubbock Avalanche -Journal (the of£ici$1 newspaper of the City of Lubbock) said notice to be in the following manner, to -wit: NOTICE OF MEETING AND PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF LUBBOCK CONCERNING APPROVAL OF THE AMENDED URBAN RENEWAL PLANS FOR COMMUNITY DEVELOPMENT REHABILITATION AND REDEVELOPMENT AREAS NUMBERS 2 AND 11 "Pursuant to the provisions of the Urban Renewal Law of the State of Texas, notice is here- by given that the City Council of the City of Lubbock will meet at the City Hall in the City Council Chamber on the 27th day of May, 1976, at 11:00 o'clock A.M. , C.D.S.T., at which time and place said Council will conduct a public hearing on the question of, and will consider and determine whether or not it will approve amended Urban Renewal Plans for the Community Development Rehabilitation and Redevelopment Areas 2 and 11, as set forth on the attached Exhibit 1, entitled "Description of Urban Renewal Areas 2 and 11 and General Scope of Projects" by passing a Resolution substantially as follows: 'RESOLUTION APPROVING AND ADOPTING AMENDED URBAN RENEWAL PLANS FOR COMMUNITY DEVELOPMENT REHABILITATION AND REDEVELOPMENT AREAS NUMBERS 2 AND 11' 'WHEREAS, Amended Urban Renewal Plans for Community Development Rehabilitation and Redevelop- ment Areas 2 and 11, hereinafter set forth as Exhibts B and L, and made a part hereof, have been reviewed by and approved by the Planning and Zoning Commission of the City of Lubbock and by the Urban Renewal Agency of the City of Lubbock; and 'WHEREAS, the proposed Urban Renewal Plans conform to the general plan of development of the City as a whole and are compatible to the existing and proposed land uses, the thorough- fare plan, and recreational and community facilities of the area; and, 'WHEREAS, a feasible method exists for the relocation of families or individuals who will be displaced from the Urban Renewal Areas in decent, safe and sanitary dwelling accomodations within their means and without undue hardship to such families or individuals; and, 'WHEREAS, the Urban Renewal Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the rehabilitation or redevelopment of the Urban Renewal Areas by private enterprise; 'NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Amended Urban Renewal Plans for Community Development Rehabilitation and Redevelopment Areas 2 and 11, designated as Exhibits B and L to this Resolution, be and are hereby approved and adopted.' "At the aforesaid public hearing, each person either in person or by his counsel, relative present to and file with the City Council for recommendations relative to the subject. ATTEST: Treva Phillips, City Secretary -Treasurer will be given full opportunity to be heard, to the subject being considered, and likewise to its consideration, his written comments and ROY BASS, MAYOR SECTION 2. THAT the City Council shall meet on the date and at the time and place specified in the Form of Notice contained in Section 1 hereof and shall then and there hold a public hearing on the question of and consider and determine if it should adopt a Resolution sub- stantially in the form set for in said Form of Notice. Passed by the City Council of the City of Lubbock this 22nd day of April, 1976. ATTEST: /s/ Roy Bass /s/ Treva Phillips ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer EXHIBIT I DESCRIPTION OF URBAN RENEWAL AREAS 2 AND 11 AND GENERAL SCOPE OF PROJECTS Area 11 if generally bounded by 36th Street on the north, 40th Street on the south, and Avenue A on the east, and Avenue D on the west. The amended activities proposed for this project consist of a change in the proposed land use for the property located on the south side of 36th Street, consisting of all of the west 210.1 feet, less the east 12.21 feet thereof, of the original Lot 1, Block 1, Ross Putty Addition, and all of Lots 2A, 2B, 2C, 3, 4, 5, 6 and 7 of Block 1, Ross Putty Addition to the City of Lubbock. The proposed land use will change from duplex to commercial. This change is necessary to bring the proposed land use for the area into conformity with recent changes in zoning for the area. Li Area 2 is generally bounded by the property line of the Canyon Lakes Project on the north, North Avenue U on the east, Cornell Street on the south, and the westernmost property line of the 1' APR 2 2 76-35-149-404 (22) 76-35-149-405 (23) MR Canyon View Subdivision on the West. The activities proposed by this plan amendment consist of the acquisition of four parcels for right-of-way and the construction of an industrial by-pass between Baylor Drive and Erskine Street. Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister 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, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Merritt & Wild Addition, Block 5, made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said sub- division under the provisions of said Ordinance prior to the recording of the subdivision plat of Merritt & Wild Addition, Block 5, including the following street: 5th Place and Avenue P Cul-de-sac known and designated as sub -unit No. 2229-4. AND WHEREAS, the construction of the above improvements on the above -mentioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions 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 portion of the cost (and to release escrow money). II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22nd DAY OF APRIL, 1976. ATTEST: /s/ Treva Phillips _ Treva Phillips, City Secretary -Treasurer APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer /s/ Roy Bass _ ROY BASS, MAYOR APPROVED: /s/:Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE Merritt & Wild Addition, B1k. 5 UANTITIES Accepted April 22, 1976 S.Y. S.Y. L.F. Unit & Location Paving L.P. Valley C.& G Sub Unit 6" Base C & G Gutter Removal 2229-4 5th Place and Avenue "P" Cul- de-sac 862.79 374.85 13.93 59.70 COST ESTIMATE 862.79 S.Y. Paving 6" Base @ $3.10 $2,674.65 374.85 L.F. Curb & Gutter @ $3.10 $1,162.04 13.93 S.Y. Valley Gutter @$11.50 $ 160.19 59.70 L.F. C & G Removal @ $2.00 $ 119.40 CONTRACT COST $4,116.28 COST DISTRIBUTION Unit & Contract Property City -to Sub -Unit Cost Owner Cost Contractor 2229-4 $4,116.28 $3,373.15 $743.13 Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. 1!1nCYNliikQri1N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the City of Lubbock BE and is hereby and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and Robert A. Gentry, covering extension of time for payment of paving assessment in return for dedication of street right-of-way on University Avenue, and 82nd Street, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of April, 1976. ATTEST: /s/ Roy Bass ROY BASS, MAYOR 150 APR 2 2 1976 /s/Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney CONTRACT TO EXTEND TIME OF PAYMENT OF A PAVING ASSESSMENT LIEN AND PROVIDE FOR THE CONTINUED VALIDITY OF SUCH LIEN IN EXCHANGE FOR STREET DEDICATION This agreement made as of the 22nd day of April, 1976, by and between ROBERT A. GENTRY, not joined herein by his wife because the property herein concerned is not homestead, herein called "OWNER", and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipality located in Lubbock County, Texas, acting by and through its Mayor, herein called "CITY", said agreement becoming effective upon execution by both parties hereto. WITNESSETH: SECTION 1. SUBJECT MATTER OF TRANSACTION The extension of time of payment of a paving assessment to be created by a City Paving Assessment Ordinance which is to be enacted by the City Council in the calendar year, 1976, and filed in the Deed Records of Lubbock County, Texas. This assessment will be secured by a lien to pay the cost of paving adjacent to the following described tracts of land, to wit: TRACT 1 Metes and Bounds description for the paving assessment on the West side of University Avenue from 30.00 feet South of the South Property Line of 82nd Street to 134.96 feet North of the North Property Line of 91st Street. BEGINNING at a point which is 95.00 feet South and 60.00 feet West of the Northeast corner of Section 13. Block E-2, said point also being the South end of a 30.00 foot curve the radius point of which bears West 30.00 feet; THENCE South along a line 60.00 feet West and parallel to the East line of Section 13, Block E-2, a distance of 2545.00 feet to a point said point being 60.00 feet West of the Southeast corner of the Northeast 1/4 of said Section 13, Block E-2 and also being the Northeast corner of Lot 1-A, University Pines Addition to the City of Lubbock, Texas; THENCE West along the South line of the Northeast 1/4 of said Section 13, Block E-2 and the North line of University Pines Addition a distance of 150.00 feet to a point; THENCE North along a line 210.00 West and parallel to the East line of the said Section 13, Block E-2, a distance of 2575.00 feet to a point in the South line of 82nd Street; THENCE East along the South line of 82nd Street, a distance of 120.00 feet to a point, said point being the beginning of a 30.00 curve to the right the radius point of which bears South 30.00 feet and having a delta angle of 90' and an arc length of 47.12 feet; THENCE around said 30.00 foot curve to the right an arc length distance of 47.12 feet to the POINT OF BEGINNING. TRACT 2 Metes and Bounds description for the paving assessment on the South side of 82nd Street from 23.00 feet West of the West Property Line of University Avenue to the East Property Line of the Alley at Elgin Avenue South side of 82nd Street. BEGINNING at a point which is 90.00 feet West and 65.00 feet South of the Northeast corner of Section 13, Block E-2, Lubbock County, Texas, siad point also being the West end of a 30.00 foot curve the radius point of which bears South 30.00 feet; THENCE West along a line 65.00 feet South and parallel to the North line of said Section 13, Block E-2, a distance of 208.00 feet to a point; THENCE in a Westerly direction, a distance of 200.00 feet to a point said point being 60.00 feet South and 498.00 feet West of said Northeast corner of Section 13, Block E-2; THENCE West along a line 60.00 feet South and parallel to the North line of said Section 13, Block E-2, distance of 1839.00 feet to a point; THENCE in a Westerly direction, a distance of 303.04 feet to a point, said point being 55.00 feet South and 2640.00 feet West of the Said Northeast corner of Section 13, Block E-2, said point also being 20.00 feet East of the Northeast corner of Lot 10, Potomac Park Addi- tion to the City of Lubbock, Texas; THENCE South along the East line of the alley East of Lots 8, 9 and 10, Potomac Park Addi- tion to the City of Lubbock, Texas, a distance of 150.00 feet to a point; THENCE East along a line 205.00 feet South and parallel to the North line of said Section 13, Block E-2, a distance of 2580.00 feet to a point in the West Property Line of University Avenue; 11 151 6M M" r f THENCE North along the West Property Line of University Avenue, a distance of 110.00 feet to a point said point being the beginning of a 30.00 foot curve to the left, the radius point of which bears West 30.00 feet and having a delta angle of 90° and an are length of 47.12 feet; THENCE around said 30.00 curve to the left an arc length distance of 47.12 feet to the POINT OF BEGINNING. For and in consideration of extension of time to pay off said lien to be assessed as above described and on the terms herein set forth, OWNER agrees immediately to execute and deliver to the City a Dedication Deed (on form submitted to OWNER by City) dedicating tracts of land to the City and/or the Public for use as a public street covering the following described real estate: Two (2) tracts of land out of Section 13, Block E-2, Lubbock County, Texas, being more particularly described as follows: TRACT 1 - West side of University Avenue between 82nd Street and the 1/2 Section line South of 82nd. BEGINNING at a point which is 40.00 feet West and 283.00 feet South of the Northeast corner of Section 13, Block E-2, Lubbock County, Texas; THENCE South, along a line parallel to and 40.00 feet West of the East line of said Section 13, Block E-2, a distance of 2357.00 feet to a point, said point being 40.00 feet West of the Southeast corner of the Northeast 1/4 of said Section 13, Block E-2; THENCE West, along the South line of the Northeast 1/4 of Section 13, Block E-2, a distance of 20.00 feet to a point, said point also being the Northeast corner of Lot 1-A University Pines Addition to the City of Lubbock, Lubbock County, Texas; THENCE North, along a line parallel to and 60.00 feet West of the East line of said Section 13, Block E-2, a distance of 2357.00 feet to a point; THENCE East a distance of 20.00 feet to the POINT OF BEGINNING. TRACT 2 - South side of 82nd Street from Elgin Avenue to University Avenue. BEGINNING at a point which is 283.00 feet West and 40.00 feet South of the Northeast corner of Section 13, Block E-2, Lubbock County, Texas; THENCE West, along a line 40.00 feet South and parallel to the North line of said Section 13, Block E-2, a distance of 2357.00 feet to a point, said point being 40.00 feet South of the Northwest corner of the Northeast 1/4 of said Section 13, Block E-2; THENCE South 15.00 feet to a point, said point being 20.00 feet East of the Northeast corner of Lot 10, Potomac Park Addition to the City of Lubbock, Lubbock County, Texas; THENCE in an Easterly direction a distance of 303.04 feet to a point, said point being 2337.00 feet West and 60.00 feet South of said Northeast corner of Section 139 Block E-2; THENCE East, along a line 60.00 feet South and parallel to the North line of said Section 13, Block E-2, a distance of 1839.00 feet to a point, said point being 498.00 feet West and 60.00 feet South of said Section 13, Block E-2; THENCE in an Easterly direction a distance of 200.06 feet to a point, said point being 298.00 feet West and 65.00 feet South of the Northeast corner of said Section 13, Block E-2; THENCE East 15.00 feet to a point; THENCE North 25.00 feet to the POINT OF BEGINNING. If said Dedication Deed is not received by City within 30 days after date of this agreement in form suitable for public recordation, then in such event this agreement may at option of City be declared null and void, and no longer of any force or effect. SECTION II For and in consideration of the City of Lubbock paying for the construction of the paving of the street to be dedicated as above set forth, adjacent and abutting the hereinabove described remaining property, OWNER, his heirs and assigns as owner (s) of such remaining property promises and does hereby by these presents promise to pay to the City the cost of such paving to be assessed against owner on or before the end of the sixtieth (60th) month following the acceptance of the ' paving improvements by the City of Lubbock; or when owner, or his heirs and assigns plats for development under Article 974A, Vernon's Civil Statutes of Texas, all or any part of the real estate described as the lands adjacent to the street to be dedicated and paved; or when owner, his heirs and assigns, sells all or any part of such real estate ---whichever event of said three events, shall first occur, and in any event not later than the end of said sixtieth (60th) month after s; acceptance of paving improvements by the City. SECTION III Should the herein above -described paving assessment lien to be created on the herein above - described property be paid in whole or in part later than the sixtieth (60th) month following acceptance of the paving improvements by the City of Lubbock, then the City shall charge and owner, his heirs and assigns agrees and obligates himself or themselves to pay six percent (6%) per annum interest from and after the end of said sixtieth (60th) month on the principal amount due or so much thereof that remains unpaid until paid in full. ;i SECTION IV 12 R 2 2 1976 Owner, his heirs and assigns, acknowledges the validity of the paving assessment lien to be created against the hereinabove described property; such assessment lien to be enacted and re- corded as aforesaid by City and further, Owner agrees that the hereinabove described paving assessment lien on the property described in said Ordinance to be enacted shall remain valid, and this agreement shall in no wise be construed as a waiver or release by the City of Lubbock of said lien but same shall remain as security for this agreement and have the same force and effect as though a paving certificate were issued under the terms of the above described Ordinance. Executed by the parties in duplicate originals as of the date first written in this agreement. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney ROBERT A. GENTRY (OWNER) CITY OF LUBBOCK /s/ Roy Bass ROY BASS, MAYOR 76-35-152-406 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (24) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed authorizing the Mayor to execute acceptance of a Quitclaim Deed from the Department and/or Secretary of Interior (or authorized presentative), United States Government, Governing 10 acres of land in the northwest corner area of the southwest one -quarter of Section 2, Block D-6 to be used for a radio control airport and dog training, subject to discussion with Reese Air Force Base regarding radio interference. 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 Acceptance of a Quitclaim Deed from the Department and/or Secretary of Interior (or authorized representative), United States Government, covering 10 acres of land in the Northwest corner area of the Southwest 1/4 of Section 2, Block E-6, Lubbock County, Texas, for the purposes stated in said Quitclaim Deed unto the City of Lubbock, 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 22nd day of April, 1976. ATTEST: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Quit Claim Deed on file in Office of City Secretary. 6-35-152-407 Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, (25) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7246 on first reading. ORDINANCE NO. 7246 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND STREET LIGHT CABLE EASEMENT LOCATED IN RAINTREE ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 6-35-152-408 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (26). Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7247 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE N0. 7247 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: I There is hereby appropriated out of the following described bond fund, to -wit: ELECTRIC The sum $8,000.00 LIGHT AND POWER SYSTEM REVENUE BOND FUND 153 APR 2 2 19, For the following purpose: To Purchase foundation, earth work, and retaining dike for 1,000,000 Gallon fuel oil tank. 76-35-153-409 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (27) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RR0,0T.1TTT0N 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 enter into a MANPOWER CONSORTIUM Agreement between the CITY OF LUBBOCK and local units of Government in the South Plains area, 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 22nd day of April, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney /s/ Roy Bass ROY BASS, MAYOR AGREEMENT BETWEEN LOCAL UNITS OF GOVERNMENT FOR THE ESTABLISHMENT OF A CONSORTIUM AND COMPREHENSIVE MANPOWER PROGRAM THIS AGREEMENT between the local the units of government who are parties hereto as reflect- ed by the attached Ordinances or Resolutions, establishes a consortium for the purpose of administer- ing a comprehensive Manpower Program under the Comprehensive Employment and Training Act (CETA) of 1973 (PL 93-203) in the South Plans area of the State of Texas. WITNESSETH: WHEREAS, the 93rd Congress enacted the Comprehensive Employment and Training Act (CETA) of 1973 repealing Parts A, B, and E of Title I of the Economic Opportunity Act of 1964, and the Manpower Development and Training Act of 1962; and WHEREAS, CETA makes financial assistance available to designated prime sponsors to carry out all or a substantial part of a comprehensive Manpower Program; and WHEREAS, the City of Lubbock has qualified as an eligible prime sponsor, under Section 102 (a) (2) of the Act for the purpose of forming a consortium consisting of the City of Lubbock and the local units of government who are parties hereto to provide job training and employment opportunities for the economically disadvantaged, unemployed and underemployed persons; and WHEREAS, this Agreement provides a central mechanisim for the administration of CETA through- out the South Plains region and complies with Article 4413 (32c), Interlocal Cooperation Act of Texas; NOW THEREFORE, in consideration of these premises, the City of Lubbock and the local units of government signatory hereto, and acting pursuant to constitutional, statutory, or implied powers do agree as follows: 1. To form a consortium consisting of the City of Lubbock, population over 100,000 which shall act as the prime sponsor, and all signatories of local governments attached hereto for the purpose of planning and administering a comprehensive Manpower Program under CETA, to serve the economically disadvantaged, unemployed and underemployed persons. Such con- sortium shall be known as the South Plains Manpower Consortium. 2. That state and local law permits services under the consortium agreement to be provided within the entire geographical area covered by the agreement. 3. That each party signatory to the agreement has the legal authority under state or local law to enter into a consortium arrangement as verified by each units chief legal officer. (Verification attached). 4. To promote and accept the responsibility for the successful planning and operation of any and all CETA programs operated in the local government's jurisdiction and to reserve the right to plan programs, evaluate any employment and training programs operating within its jurisdiction and to make recommendations concerning the need for programs, reallocation of programs funds, or to disapprove any program not meeting the jurisdictional needs. 5. That any and all funds received under CETA shall be utilized as prescribed by the rules, regulations and guidelines of CETA, and that all grant agreements shall be reviewed and approved prior to submittal for funding. 6. The local units of government who are parties hereto shall form an executive committee for the operation of this consortium and such executive committee shall consist of one re- presentative from each local governmental unit with such representative being an elected official for such a unit and shall serve on the executive committee for a term of one year or until his successor is appointed. This executive committee shall establish its own rules of procedure and elect from its members a chairman and secretary and such other officers as it 154 APR .2-2 1976 may determine. The executive committee shall be the governing body of the consortium and shall have powers which shall include the selection of an administrative agency for the purpose of carrying out a comprehensive Manpower Program and the power to apply for modified grants under this program. Provided however, when the executive committes has approved the application for a modified grant, the chief executive officer of the administrative agency may, when duly authorized by his directors, execute modified grant agreements. The South Plains Association of Governments is hereby designated as the initial administrative agency, however, the executive committee may change the administrative agency it selects at such times as it determines a change would carry out, in a better manner, the purposes of the Manpower Program. Thirty days notice shall be given to the administrative agency That the executive committee desires to terminate the services rendered by the administrative agency. 7. The South Plains Association of Governments or its successor as the administrative agency shall be charged with the following fundtions and responsibilities: a. To develop procedures for program planning, operation and assessment, insuring that all members of the consortium are presented the opportunity to express their recommendations and participate in decision -making process. b. To extablish a Manpower Area Planning Council meeting the guidelines of CETA for the the purpose of developing an annual Manpower Plan, advising consortium governments and the administering agency of the types of programs and funding levels needed to effectively serve the disadvantaged, unemployed and underemployed, and to assess and evaluate on -going programs. c. To receive and expend funds, and to enter into contracts and subgrants for the operation of programs. d. To employ, organize and train staff for the effective administration of the program. e. To establish adequate administrative and fiscal procedures. 8. It is understood and agreed that the local units of governments who are parties hereto may select the agency or organization they desire to deliver services to their respective city or county. This may include some services performed by the administrative agency se- lected by this consortium and possibly some services performed by another agency. 9. That this agreement shall be effective upon the date of its ratification by ordinance, minute order, resolution or other appropriate signification of assent by the parties hereto as shown by a certified copy of said ordinance, minute order, resolution or signification of assent under the hand of the clerk or secretary of any signatory party. 10. This agreement shall remain in effect from the date of its ratification until termi- nated or dissolved by the parties hereto. In the event any party hereto desires to with- draw from this consortium, the remaining parties may amend this agreement and continue operation of the designated services upon approval by the prime sponsor and the appropriate state and federal agencies who administer the grant funds received for this program. Passed by the City Council of the City of Lubbock on the 22nd day of April, 1976. ATTEST: /s/ Roy Bass /s/ Treva Phillips ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: Isl Fred 0. Senter, Jr. M Fred 0. Senter, Jr., City Attorney County, Texas County, Texas County Judge County Judge County, Texas County, Texas County Judge County Judge County, Texas County, Texas County Judge County Judge 76-35-154-410 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (28) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that. there be a percentage cutoff at $25,000 for rental of the coliseum, and $10,000 for rental of the auditorium; therefore, having a maximum rental fee of $2,500 for one performance in the coliseum and $1,000 for one performance in the auditorium. 76-35-154-411 The City Council considered the claim of Boyd McMillan in the amount of $1,000 for compacted (29) junk vehicle, TV set and tools. Mr. McMillan appeared before the City Council regarding this claim. After consideration of all information presented, it was the consensus of the City Council that this claim be brought back to the City Council for consideration at the May 13, 1976 meeting. 76--35--154-412 The City Council considered the claim of Mrs. Tommie G. Reeder in the amount of $415.24 for house (29a) damage due to sewer back-up. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to deny this claim. 155 APR 2 41 fl rchase of 10,000 lbs, of dry chemical compound for the 76-35-155-413 The following bids were received for the pu (30) Fire Department, being Bid No. 3842. i Bid Tabulation set in Bid Book. After consideration of all bids received, it was ea that tie werebids drawnhad andbeen motionreceived was made from Shields Inc., Odessa, and Dac Equipment CompanyLots en by Councilwoman Jordan, secondeerbvotin cYea�nnoneHenry, votingmotion NayctoracceptMayor the bidBass, ofCDacolFire West, Jordan, Henry and McAlister g Equipment Company. The following bids were received for the purchase of steel plat for fabricating street light bases 76-35 155-414 p (31) for the Street Lighting Department, being Bid No. 3875. Bid Tabulation set in Bid Book. secnded by After consideration of all bids received, motion was made by Councilwoman ordan, Henry rand �McAlister voting Councilmen Henry, motion carried, Mayor Bass, Councilmen West, Yea, none voting Nay to accept the bid of W & W Steel Company for the purchase of steel plate of the Street Lighting Department. 76-35-155-415 The following bids were received for the purchase of miscellaneous water items for Warehouse (32) Stock, being Bid No. 3849. Bid Tabulation set in Bid Book. an seconded by After consideration of all bids received, Bass, motion Councilmenmade West�o.TordanomHenryrandgMcAlistet voting Councilman Henry, motion carried, Mayor Yea, none voting Nay to accept the bid of Fields & Co. for the purchase ofitems he bI and 9; & accept the bid of M. B. McKee Co. for the purchase of Items 2, 3, accept 1 Amarillo, Cowan, Inc., for the purchase of Item 4; accept the bid of Western Industrial Supply, for the purchase of Items 6, 7, 8, 10 and 11. 76-35--155-416 The following bids were received for the purchase of miscellaneous water items for Warehouse (33) Stock, being Bid No. 3854. Bid Tabulation set in Bid Book. motion was made by Councilwoman Jordan, seconded by After consideration of all bids received, Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry tand McAlister voting Yea, none voting Nay to accept the bid of Industrial International; a miscellaneous water items for Warehouse Stock. 76-35-155-417 The following bids were received for the purchase of traffic signal cable for Warehouse Stock, (34) being Bid No. 3845. 76-35-155-418 (35) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Temple, Inc., for the purchase of Items 1, 3 and 4; accept the bid of Automatic Signal Division, Arlington, for the purchase of Item 2; accept the bid of Nelson Electric Supply Co. for the purchase of Item 5. The following bids were received for the removal of weeds and rubbish within the City of Lubbock, being Bid No. 3852. Bid Tabulation set in Bid Book. Jim Bertram, Director of Planning, appeared before the City Council and explained that bids were fron private contractors to mow weeds on a complaint basis, and clear debris from lots which needed mowinc Bids were requested on mowing lots where the City billed the property owner, and where contractor billed the owner, The contractors submitted identical bids for both types of billings. This type program would mean that rather than present system of regular inspections, a citizen would call a complaint to Zoning Department. An inspector would determine the violation, legal description, owner ship, etc. A notice would then be mailed to the owner to cut the weeds within 10 days. At the end of 10 days if the weeds had not been mowed, the Zoning Department would notify the contractor who would cut the weeds, bill the owner and if in 30 days the owner had not paid, the City would pay the contractor, then a lien would be placed upon the property. Dan Manning also appeared before the City Council in regard to this item. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, ,Jordan, Henry and McAlister voting Yea, none voting Nay, to adopt a weed mowing program on regular inspection basis as in the past, and to add another step that if the weeds have not been cut after the 10 days notice, that a private contractor will be sent to cut the weeds. The contractor would bill the owner for the cost of mowin and if in 30 days the owner has not paid, the City will pay the contractor, then a lien will be plat upon the property; that City staff be instructed to come up with some way to pay for this before it finally implemented (looking first at the possibility of using Community Development funds), and tha the bid be awarded to B. & M Mowing Service at the rate of $1.50 per 1,000 square feet of property mowed and $7.00 per cubic yard for removal of rubbish. fi 76-35-155-419 The following bids were received for a water supply system in the Canyon Lakes Project, being (36) Bid No. 3818. W� R"2 Bid Tabulation set in Bid Book. These bids for the water supply have been evaluated by Parkhill, Smith and Cooper, the Engineers an this project. They recommend that the low base bid of Panhandle Construction Company, in the amount of $1,632,148,45, be awarded. Estimates for this work were $2,229,000. This bid was well within the amount of monies available for the project. Award of the contract is to be approved by the Texas Parks and Wildlife Department, and, therefore, any awards should be made subject to their approval. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the base bid of Panhandle Construction Company subject to concurrence by the Texas Parks and Wildlife Department. 76-35-156-420 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (37) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7248 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE N0. 7248 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: Canyon Lakes The sum $89,768.00 Project For the following purpose: Payment of Engineering Plans and Specifications, and General Representa- tion during construction on the Water Supply System in the Canyon Lakes Project. 76-35-156-421 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (38) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7249 on first reading. ORDINANCE NO. 7249 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 The sum $600,973.00 CAPITAL IMPROVEMENT FUND For the following purpose: Construction of Water Supply 1 System for Canyon Lakes Project. i-35-156-422 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried (39) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint ,M Harold Raff and reappoint Mrs. Angela Boren to the Airport Board. These terms are for three years and will expire August 11, 1978. -35-156-423 Motion was made by Councilman West, seconded by Councilman McAlister, motion (40) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none votingNay to ap carried, Mayor Clarence Solnik, Mrs. Egie Crozier and reappoint Mrs. Henry Shine to the Human RelationstCom- mission. These terms are for three years and will expire May 25, 1979. -35-156-424 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor (42) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none votingNay to J. Patterson to the Tax Board of Equalization to replace Harold Jones whoresignedappoint T. -35-156-425 Motion was made by Councilman West, seconded by Councilman McAlister, motio (43) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none votingtoca point Mayor Juarez to the Lubbock Civic Centers Board to replace Bill McAlister who resigned. This eter expires August 1, 1976. term NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular April 22, 1976. Meeting ATTEST: ROY BAS , MAYOR Treva Phillips, City Secretary -Treasurer READ AND APPROVED THIS THE 130i day of 1May,, 197 , ATTEST: '�7 r RO RASC Mnvnn �d 11