HomeMy WebLinkAboutMinutes - City Council - Regular - 6/10/1976202
JUN 10 1976
76--35-202-369
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76-35-202-370
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76-35-202-371
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REGULAR CITY COUNCIL MEETING
JUNE 10, 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, Assistant City Attorney Leon Bean and
City Secretary -Treasurer Treva Phillips.
Absent: City Attorney Fred 0. Senter, Jr.
The invocation was given by Jim Bertram, Director of Planning.
The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber.
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 approve City Council
Minutes - Regular Meetings held May 26 and May 27, 1976.
76-35-202-372 Glad Norman, President of the Melonie Park South Home Owners' Association, appeared before the
(7) City Council requesting installation of traffic control devices at various intersections in the
Melonie Park South Subdivision to control speeding in the area. Bill McDaniel, Director of
Traffic, appeared and presented a chart of traffic count in this area. Mr. McDaniel stated he
felt the stop signs were not justified at this time. After consideration of all information
presented, motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried,
Councilmen West, Jordan, Henry and McAlister voting Yea, Mayor Bass voting Nay to authorize the
'traffic Engineering Department to determine the best places to put controls and come back with
suggestions for placement of stop signs on 74th, Kenosha, Lynnhaven Drive and Indiana Drive, in
the areas that are over 1/2 mile long and report back to the City Council at the June 24 Council
meeting.
76-35-202-373 Marvin Coffee, Director of Aviation, appeared before the City Council with the following recommen-
(9) dations of the Airport Board:
a. Consider an appropriation ordinance from Airport Revenue Funds for architect's fee
for remodeling old air terminal building.
b. Consider request of Southwest Airlines to the Texas Aeronautics Commission for service
into Lubbock.
76-35-202-374 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass,
(9a) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No.
7270 on first reading.
76-35-202-375
(9b)
,76-35-202-376
(12)
ORDINANCE NO. 7270
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds out of 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 fund, to -wit: Airport Revenue
Fund
The sum $7,800.00
For the following purpose: Bill Cantrell Planners, Inc. for Architectural Services for remodeling
the Old Terminal Bldg. for General Aviation District Office Approxi-
mately 4000 sq. ft. of leased space.
The City Council considered the request of Southwest Airlines to the Texas Aeronautics Commission
for service into Lubbock. 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 hold this item until information is
given to the Council regarding results of a study being made concerning flights into and out of
Lubbock. This information is to be furnished to the City Council before the TAC hearing in July.
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 Ordinance No.
7268 on second and final reading.
ORDINANCE NO. 7268
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; WIDENING OF QUIRT AVENUE
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 10868
The sum $3,703.25
KV
JUN .1 0 197
For the following purpose: To relocate Steck Farm Trust irrigation facilities to clear right-of-
way for Quirt Avenue Widening. Total costs.....$3,703.25
76-35-203 -377
Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(13)
Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No.
7257 on second and final reading.
ORDINANCE NO. 7257
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK
SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2017-A; CHANGE A TRACT OF LAND OUT OF BLOCK H,
BENDER CENTER ADDITION, CITY OF LUBBOCK, TEXAS FROM AN A-2 TO A C-2A ZONING DISTRICT: SUBJECT
TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
76-35-203-378
Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(14)
Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No.
7258 on second and final reading.
ORDINANCE N0. 725$
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK
SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1724-A: CHANGE LOT 13 VANDELIA VILLAGE ADDI-
TION, CITY OF LUBBOCK, TEXAS, FROM A-2 TO R-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
76-35-203-379
Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(15)
Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No.
7259 on second and final reading.
ORDINANCE NO. 7259
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK
SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 0278: CHANGE A TRACT OF LAND OUT OF SECTION
15, BLOCK E-2, CITY OF LUBBOCK, TEXAS FROM A R-1 TO AN A-2 ZONING DISTRICT: SUBJECT TO CONDITIONS:
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
76-35-203-380
Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(16)
Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No.
7260 on second and final reading.
ORDINANCE NO. 7260
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK
SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2079: CHANGE LOT 26C, BLOCK 1, ROSS PUTTY ADDI-
TION, CITY OF LUBBOCK, TEXAS FROM R-2 TO A-1 ZONING DISTRICT: PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
76-35-203-381
Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(17)
Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No.
7261 on second and final reading.
ORDINANCE NO. 7261
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK
SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2081: CHANGE TRACTS IN CROWS NEST ADDITION,
CITY OF LUBBOCK, TEXAS AS FOLLOWS: TRACT A FROM R-1 TO C-2 AND TRACTS B, C, D, AND E FROM R-1
TO A-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
s76-35-203-382
Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(18)
Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No.
7262 on second and final reading.
ORDINANCE NO. 7262
a
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK
SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2082: CHANGE THE FOLLOWING LOTS AS FOLLOWS:
F. R. FRIEND ADDITION, ALL OF BLOCK 2, 3, 4, 5 AND 7; LOTS 5-12, BLOCK 9; LOTS 1-12, BLOCK 10;
LOTS 1-12, BLOCK 12; IN THE MADDOX ADDITION: LOTS 19-36, BLOCK 6; ALL OF BLOCKS 7 AND 8; LOTS
1-18, BLOCK 9; LOTS 1-6, BLOCK 16, ALL OF LOTS 17 AND 18; LOTS 17-32, BLOCK 19; 15-28, BLOCK 30:
ALL OF BLOCK 31 AND 32; IN THE ARNETT & BENSON ADDITION: SOUTH 1/2 OF BLOCK 43-51; ALL OF BLOCKS
52-60, FROM R-2 TO R-1 ZONING DISTRICT: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
76-35-203-383
Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(19)
Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No.
7263 on second and final reading.
ORDINANCE NO. 7263
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK
SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2073: CHANGE LOTS 23 AND 24, BLOCK 29, OVER --
TON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A R--2 TO AN A-2 ZONING DISTRICT;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
0,1975
76-35-204-384 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(21) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No.
7265 on second and final reading.
ORDINANCE NO. 7265
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF F. M. 2641 (REGIS
STREET) FROM U.S. 87 (AMARILLO HIGHWAY) TO QUIRT AVENUE, AS HEREINAFTER MORE PARTICULARLY DES-
CRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING
CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO
STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SAVINGS CLAUSE AND FOR PUBLICATION HEREOF, AND A PENALTY CLAUSE.
76-35--204-385 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor Bass,
(22) Councilmen West, Henry and McAlister voting Yea, Councilwoman Jordan voting Nay to pass Ordinance
No. 7269 on second and final reading.
ORDINANCE NO. 7269
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY AMENDING ARTICLE II
OF CHAPTER 3 THEREOF, ENTITLED "AIRPORT BOARD", BY AMENDING SECTION 3-13 THEREOF PROVIDING FOR
BOARD MEMBERS, QUALIFICATIONS AND TENURE; AMENDING SECTION 3-16 THEREOF, PROVIDING FOR BOARD
MEETINGS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
76-35-204-386 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(23) Councilman West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No.
7267 on second and final reading.
ORDINANCE NO. 7267
AN ORDINANCE ABANDONING AND CLOSING UTILITY EASEMENTS LOCATED IN PARTS OF SECTIONS 78, 10,
27, AND 36, ALL IN BLOCK A, LUBBOCK COUNTY, TEXAS 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.
76-35-204-387 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(24) Councilman West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following
resolution be passed.
RT?.gnT.TTTTCIN
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 Quitclaim Deed in favor of Texas State Department of
Highways and Public Transportation (formerly known as the Texas Highway Department) and/or the
State of Texas, covering certain utility easements in Interstate Highway 27 Right of Way which
are no longer needed by the City of Lubbock by reason of the fact that utilities formerly placed
therein have been relocated, 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 Re-
solution as if fully copied herein in detail.
Passed by the City Council this 10th day of June, 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
QUITCLAIM DEED
THE STATE OF TEXAS I
/s/ Roy Bass_ _
ROY BASS, MAYOR
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LUBBOCK I
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas,
for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS and other good and valuable
consideration to it in hand paid by Texas State Department of Highways and Public Transportation
(formerly known as Texas Highway Department) and/or the State of Texas, hereinafter called
"GRANTEE", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON,
DISCLAIM, RELEASE AND FOREVER QUITCLAIM unto the said GRANTEE, all its right title and interest
in and to that certain tract or parcel of land lying and being situated in the County of Lubbock,
State of Texas, described as follows, to -wit:
Utility Easements covering the following described tracts of land:
PARCEL 2
A 5.00 feet easement being out of and a part of a certain 1.18 acre tract in the southeast
one -quarter of Section 78, Block A, Lubbock County, Texas, and being more fully described by
metes and bounds as follows:
20t-
JUN ' 1 & 197
BEGINNING at the northwest corner of said 1.18 acre tract being 170.00 feet north and north
89°25'0" west 618.09 feet from the southeast corner of Section 78, Block A, said point being
the intersection of the north property line of said 1.18 acre tract and the proposed east
Right of Way of Interstate Highway 27;
THENCE south 89°25'0" west 141.61 feet to a point in the existing Right of Way of Interstate
Highway 27;
THENCE
south 39°03'0" west
along
the existing east Right of way line of Interstate Highway
27 for
a distance of 7.84
feet to
a point;
THENCE north 89025'0" west along a line parallel to and 5.00 feet south of the property line
of said 1.18 acre tract for a distance of 142.87 feet to a point in the proposed east Right
of Way of Interstate Highway 27;
THENCE north 45°43'0" east a distance of 6.92 feet along the proposed east Right of Way line
of Interstate Highway 27 to the point of BEGINNING.
PARCEL 30-B
A 20.00 feet easement being out of and a part of a certain 2.543 acre tract in the south-
west one -quarter of Section 10, Block A, Lubbock County, Texas, and being more fully describe
by metes and bounds as follows;
BEGINNING at a point in the existing East line of Interstate Highway 27, said point beginning
50 feet East and 155 feet South of the Northwest corner of the Southwest quarter of Section
10, Block A, Lubbock County, Texas;
THENCE East 300.77 feet to a point in the proposed East Right -of -Way of Intersection Highway
27;
THENCE South 2°51' 45" West along the proposed East Right -of -Way of the Interstate Highway
27 for a distance of 20.02 feet to a point;
THENCE West 299.77 feet to a point in the existing East Right -of -Way of Interstate Highway 27
THENCE North 20 feet along the existing East Right -of -Way of Interstate Highway 27 to the
PLACE OF BEGINNING.
PARCEL 41
A 20 feet Easement out of and a part of certain tract out of Section 27, Block A, Lubbock
County, Texas, being more particularly described by metes and bounds as follows;
r
BEGINNING at a point in the existing West Right -of -Way of Interstate Highway 27 said point
being the Northeast corner of the Southeast quarter of Section 27, Block A, Lubbock County,
Texas;
THENCE West along the one half section line a distance of 280.0 feet to a point in the propos
West Right -of -Way of Interstate Highway 27;
THENCE South 2°53'45" East along the proposed West Right -of -Way of Interstate Highway 27 for
a distance of 20.03 feet to a point;
THENCE East parallel to and 20 feet South of the one half section line a distance of 281.01
feet to a point in the existing West Right -of --Way of Interstate Highway 27;
THENCE North 0002' West a distance of 20 feet to the PLACE OF BEGINNING.
PARCEL 53
A 20 feet Easement being out of and a part of a certain tract of land out of Section 36,
Block A, Lubbock County, Texas, being more particularly described by metes and bounds as
follows;
BEGINNING at a point in the existing East Right -of -Way of Interstate Highway 27, said point
being North, 0°03' West 1657.5 feet and 50' East of the Southwest corner of Section 36, Block
A;
THENCE East a distance of 210.0 feet to a point in the proposed Right -of -Way of Interstate
Highway 27;
THENCE North 0'03' West along the proposed East Right -of -Way line of Interstate Highway 27
a distance of 20 feet to a point;
THENCE West a distance of 210.0 feet to a point in the existing East Right -of -Way of Inter-
state Highway 27;
THENCE South 0003' East along the existing East Right -of -Way of Interstate Highway 27 a dis-
tance of 20 feet to the PLACE OF BEGINNING.
TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges
and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assign:
forever, so that neither the GRANTOR, City of Lubbock, its successors or assigns, nor any persons
claiming under it shall at any time hereinafter, have, claim or demand any right to the title to
the aforesaid premises or appurtenances or any part thereof.
WITNESS MY HAND at Lubbock, Texas, this loth day June, 1976.
ATTEST:
, N 1 3976
/s/ Treva Philli s
Treva Phillips, City Secretary -Treasurer
APPROVEDAS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
/s/ Roy Bass
ROY BASS, MAYOR
76-35-206-388 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass,
(25) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re-
solution be passed.
DVQ 1T TTTTMT
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 COMMUNITY DEVELOPMENT BLOCK GRANT as offered by THE DE-
PARTMENT OF HOUSING AND URBAN DEVELOPMENT, in the amount of $5,328,000.00 for the Program Year
from June 1, 1976, through May 31, 1977, 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 loth day of June, 1971.
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
See Copy of contract on file in the Office of the City Secretary -Treasurer.
76-35-206-389 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass,
(28) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No.
7271 on first reading.
ORDINANCE NO. 7271
AN ORDINANCE REPEALING ORDINANCE NO. 5087 OF THE CITY OF LUBBOCK IN ITS ENTIRETY SO AS TO
RE-ESTABLISH TWO-WAY TRAFFIC ON AVENUE U FROM ITS INTERSECTION WITH 19TH STREET TO ITS INTERSEC-
TION WITH 17TH STREET; ESTABLISHING NO LEFT TURNS FOR SOUTH BOUND TRAFFIC ON AVENUE U TURNING
ONTO 19TH STREET; AUTHORIZING PLACING OF SIGNS BY CITY MANAGER TO INDICATE SAID NO LEFT TURN
LOCATION, PROVIDING A SAVINGS CLAUSE; PRESCRIBING A PENALTY; AND PROVIDING FOR PUBLICATION.
76-35-206-390 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(31) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No.
7272 on first reading.
ORDINANCE NO. 7272
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate cer-
tain 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 Fund
The sum $8,690.26
For the following purpose: Water lines ahead of 1975 C.D. Paving Program, Phase II.
76-35-206-391 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor Bass,
(32) Councilmen West, Jordan, Henry and McAlister, voting Yea, none voting Nay to pass Ordinance No.
7273 on first reading.
ORDINANCE NO. 7273
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: Sewer Bond Fund
The sum $4598.95
JUNID19,
r
r
For the following purpose: Sewer lines ahead 1975 C.D. Paving Program, Phase II.
76-35-207-392 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass,
(33) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re-
solution be passed.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the CITY OF LUBBOCK BE and is hereby authorized and directed to execute
for and on behalf of the CITY OF LUBBOCK, a Street Use License in favor of H. C. LEWIS, RAY CHAPMAN
and HAROLD CHAPMAN, a Partnership, DBA CIVIC CENTER INN in Lubbock County, Texas, attached here-
with which shall be spread upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 10th day of June, 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
STREET USE LICENSE
THE STATE OF TEXAS I
COUNTY OF LUBBOCK I
/s/ Roy Bass
ROY BASS, MAYOR
This indenture made this 10th day of June, 1976, between the CITY OF LUBBOCK, TEXAS, a
Home Rule Municipal Corporation and H. C. LEWIS, RAY CHAPMAN and HAROLD CHAPMAN, DBA CIVIC CENTER
INN, a Partnership, a Lubbock County, Texas, hereinafter called "Licensee."
WITNESSETH:
Subject to the terms, conditions and provisions herein the CITY OF LUBBOCK does hereby grant
to the LICENSEE, the right, privilege and license to use a portion of dedicated street to construct
and maintain a canvas canopy and three flagpoles adjacent to the sidewalk on the Main Street side
of the Civic Center Inn property, with said canopy being installed at least 8 feet above the said
sidewalk and flags flying from said flagpoles fluttering over the sidewalk on the Main Street
side; and as to the Avenue K side of the Civic Center Inn property, there will be and are three
flagpoles which will all be based in the wall of the main building at the height of 13 feet above
the sidewalk, and will extend upward at a 45' angle and over the sidewalk to a height of 45 feet
and the canopy will be at least 8 feet above the sidewlk, in and upon the following described
portion of dedicated public street, in the City of Lubbock, Lubbock County, Texas, to -wit:
MAIN STREET TRACT
BEGINNING at a point which bears West 1.00 foot from the Southeast corner of Lot 15, Block
101, Original Town;
THENCE South a distance of 12.00 feet;
THENCE West a distance of 65.00 feet;
TEENCE North a distance of 12.00 feet;
THENCE East a distance of 65.00 feet to the PLACE OF BEGINNING.
AVENUE K TRACT
BEGINNING at a point which bears North 1.4 feet from the Northeast corner of Lot 15, Block 101
Original Town.
THENCE East a distance of 12.00 feet;
THENCE South a distance of 60.00 feet;
THENCE West a distance of 12.00 feet;
THENCE North a distance of 60.00 feet to the PLACE OF BEGINNING.
1. The terms of this grant shall be from year to year not to exceed twenty (20) years without
renewal by the City Council and the CITY OF LUBBOCK retains the right, at its election to cancel and
revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice
- 41
ris
shall be deemed properly served if deposited in the Post Office, postage paid, addressed to LICENSEE
at 1205 - 34th Street, Lubbock, Texas, or to last known address of LICENSEE.
Upon exipriation or cancellation and revocation of this license by the CITY OF LUBBOCK or
the abandonment of the license by the LICENSEE, the improvements that are permitted under this
license shall be removed by the LICENSEE and the property shall be restored to its original
condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses
to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter
possession, and remove or cause to be removed such improvements and the expense incurred shall be
assessed against LICENSEE for which LICENSEE shall be liable.
2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of
TWO HUNDRED AND NO/100 ($200.00) DOLLARS in advance contemporaneously with the execution and
acceptance of this license by LICENSEE.
3. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein
granted, including but not limited to the replacement and repairing of paving, sidewalks and
utilities of any nature occasioned by the construction as authorized by this license.
4. In the easement the CITY OF LUBBOCK determines that the existence of such use interferes
with or causes the re-routing or re -alignment of any public utility, franchised utility, or
sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK, or franchised
utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be,
for its expense of such re -locating or re-routing over and above the expense which would have been
incurred except for LICENSEE'S use herein.
5. This license is not transferable by the LICENSEE without first receiving the written
consent of the City Manager of the CITY OF LUBBOCK.
6. This license is made subject to the condition that should the LICENSEE exercise any right
under the license herein granted and prepare or begin or complete any part of the construction as
herein contemplated across any or all of the above set out property, then and in that event said
LICENSEE, his heirs and assigns, will at all times defend, indemnify and otherwise hold the CITY OF
LUBBOCK, its agents servants, and employees harmless from any and all claims, demand, actions,
causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or
be related to the making of this license or the construction or maintenance and use permitted
herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired
by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement
will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense
growing out of the performance of the work to be done by such contractor. The CITY OF LUBBOCK
may further require such contractor, when engaged in the construction, repair or maintenance
permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond,
in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful
performance of all the terms, covenants and conditions contained in said agreement and a certified
copy of a policy of public liability assumed by contractor in said agreement with the CITY OF
LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or
expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable
opportunity to settle or adjust the same.
7. LICENSEE agrees and is required to furnish a policy of public liability and property
damage insurance, within limits specified by, and in a form satisfactory to the City Attorney
for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insfred, said policy covering
the uses herein granted.
8. All of the covenants and provisions of this license shall be binding upon and inure to
the benefit of the successors, legal representative, assigns and the duly authorized agents and
contractors of the parties hereto to the same extent and effect as the same are binding upon and
inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successor
and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK
in each instance except as specified in Paragraph (5) hereof.
9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that
no interest, title or rights of possession are intended or implied except those expressly set
forth herein and LICENSEE waives any and all claims in and to the public way its is permitted
to use hereby and agrees to give peaceful possession of said property covered herein upon
termination or cancellation of this license.
ATTEST:
/s/ Treva Phillips „
Treva Phillips, City Secretary-Treasfrer
AGREED TO AND ACCEPTED this day of
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
CITY OF LUBBOCK
/s/ Roy Bass
ROY BASS, MAYOR ^�
,1976.
LICENSEE: CIVIC CENTER INN,
a Partnership
BY
H.C. LEWIS, Partner
BY
ROY CHAPMAN, Partnew
BY
HAROLD CHAPMAN, Partner
APPROVED:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
`SUN 1.0 1976
76-35-209-393 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(34) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolu-
tion be passed.
UL'CAT 71TTONT
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 Bowman Lum-
ber Company, Inc., covering extension of time for payment of paving assessment in return for
dedication of street right-of-way on University Avenue, 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 detail.
Passed by the City Council this loth day of June, 1976.
ATTEST: /s/ RoX 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
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 27th day of May, 1976, by and between Bowman Lumber Company
Inc., acting by and through its undersigned officers hereunto duly authorized, 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 I. 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 University Avenue adjacent to the following described tract of land,
to -wit:
TRACT I
BEGINNING at a point which is 1465.78 feet South and 60.00 feet East of the Northwest corner
of Section 9, Block E, Lubbock County, Texas;
THENCE South along a line 60.00 feet East and parallel to the West line of said Section 9,
Block E, a distance of 1174.22 feet to a point;
THENCE East 150.00 feet to a point;
THENCE North along a line 210.00 feet East and parallel to the West line of said Section 9,
Block E, a distance of 1174.22 feet to a point;
THENCE West 150.00 feet to the POINT OF BEGINNING.
It is understood and agreed that the paving cost deferred as to payment is the paving abutting
Tract. I above described, being further described as the paving being done on Tract II as herein-
after described, but contrariwise the paving to be done on Tract III hereinafter described is
NOT herein deferered as to payment and will be assessed against property of the owner hereinafter
described as Tract IV which abuts said Tract III to be paid for in the terms usual in paving
assessments without regard to the deferment of payment.
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 (herein -
below designated as Tracts II and III) to the City and/or the Public for use as a public street
(to form a part of University Avenue) covering the following described real estate:
TRACT II
BEGINNING at a point which is 1465.78 feet South of the Northwest corner of Section 9, Block
E, Lubbock County, Texas;
THENCE South along the West line of said Section 9, Block E, a distance of 1174.22 feet to a
point;
THENCE East 60.00 feet to a point;
210
JuN 1 U 1576
THENCE North along a line 60.00 feet East and parallel to the West line of said Section 9,
Block E, a distance of 1174.22 feet to a point;
THENCE West 60.00 feet to the POINT OF BEGINNING.
TRACT III
BEGINNING at a point which is 726.00 feet South of the Northwest corner of Section 9, Block
E, Lubbock County, Texas;
THENCE South along the West line of said Section 9, Block E, a distance of 739.78
feet to a point;
THENCE East 60.00 feet to a point;
THENCE North along a line 60.00 feet East and parallel to the West line of said Section 9,
Block E, a distance of 739.78 feet to a point;
THENCE West 60.00 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. The paving to be done on Tract III above -described is to be assessed at the
regular rate and terms of payment as usual in regular assessment cases against the following
described tract of land (owned by OWNER) which tract is adjacent to the abuts said Tract III, and
is hereby designated as Tract IV and is described as follows:
TRACT IV
FIELD notes for BOWMAN LUMBER CO. Assessment Paving on East side of University Avenue.
BEGINNING at a point which is 726.00 feet South and 60.00 feet East of the Northwest corner
of Section 9, Block E, Lubbock County, Texas;
THENCE South along a line 60.00 feet East and parallel to the West line of said Section 9,
Block E, a distance of 739.78 feet to a point;
THENCE East 150.00 feet to a point;
THENCE North along a line 210.00 feet East and parallel to the West line of said Section 9,
Block E a distance of 739.78 feet to a point;
THENCE West 150.00 feet to the POINT OF BEGINNING.
SECTION III. For and in consideration of the City of Lubbock paying for the construction
of the paving on Tract II above -described adjacent and abutting Tract I above -described, OWNER,
its successors and assigns, as owner (s) of Tract I above -described, promise and do hereby by
these presents promise to pay to the City the cost of such paving on Tract II 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 its successors and assigns plats
for development under Article 974A, Vernon's Civil Statutes of Texas, all or any part of the real
estate described as all the lands adjacent to the street to be dedicated and paved; or when
owner, its successors 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 acceptance of paving improvements by the City.
SECTION IV. Should the herein above -described paving assessment lien to be created on said
Tract I be paid in whole or in part later than the sixtieth (60th) month following acceptance
of the paving improvements on the said Tract II by the City of Lubbock, then the City shall
charge and owner, its successors and assigns agree and obligate itself 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.
SECTION V. City (to the extent possible) will endeavor to see that the OWNER has access
to its business during actual paving being done with the understanding that the City is not res-
ponsible and/or liable for the actions of the paving contractors carrying out the construction or
acts of God beyond control of the City which may interfere with access, such as but not limited
to inclement whether.
SECTION VI. OWNER, its successors and assigns, acknowledge the validity of the paving
assessment lien to be created against said Tract I, such assessment lien to be enacted and
recorded as aforesaid by City and further, OWNER agrees that the paving assessment lien on said
Tract I and as 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 agree-
ment.
ATTEST:
BOWMEN LUMBER COMPANY, INC.
BY:
ATTEST:
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
PRESIDENT
CITY OF LUBBOCK
BY /s/ Roy Bass
ROY BASS, MAYOR
a
211
AN 10 1976
APPROVED AS TO FORM:
/s/ Fred 0, Senter, Jr.
Fred 0. Senter, Jr., City Attorney
76-35-211-394 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(35) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re-
solution be passed.
T? G' QnT TTT TnM
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 JOINT USE AGREEMENT with the Bureau of Reclamation of
the United States Government relating to common Rights -of -Way for Canadian River Aqueduct and
Quirt Avenue, 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 loth day of June, 1976.
ATTEST: /s/ Roy Bass
ROY BASS, MAYOR
/s/ Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
See copy of Joint Use Agreement on file in the Office of the City Secretary -Treasurer
76-35-211-395 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(36) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re-
solution be passed.
T?T; qOT TTTTnM
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County,
Texas, has determined and does hereby determine the public needs safety, and welfare demands and
creates a public necessity for the widening, constructing, reconstructing and expansion and im-
provment of Quirt Avenue in said City in order to provide better access to the municipal airport
of said City creating a need for additional right-of-way by said City to accomplish such purposes,
and this City Council of said City finds it to the best public interest and for public purposes
and municipal purposes to proceed with the acquisition of lands as needed for such purposes as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following described real estate located in
Lubbock County, Texas, be acquired for pbulic purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
A parcel of land containing 4.732 acres, more or less, out of Section 1, Block D-3, Lubbock
County, Texas. Said parcel of land was conveyed to Zada Beard by Will of G. C. Beard re-
corded in the Probate Proceeding 2606. Said 4.732 acres of land of which approximately
2.484 acres are in an existing road, is more particularly described by metes and bounds as
follows:
BEGINNING at a point, the Southwest corner of Section 1, Block D-3, said point bears South
88°04'29" East, a distance of 5,280.00 feet from the Southwest corner of Section 10, Block A;
THENCE North 1055'31" East along the West line of Section 1, Block D-3 a distance of 2,536.38
feet to a point in the South right-of-way line of Farm to Market Highway 2641;
THENCE South 84°04'37" East along the South right-of-way of Farm to Market Highway 2641, a
distance of 110.28 feet to a point;
THENCE South 48055'40" West, a distance of 68.21 feet to a point;
THENCE South 1055'57" West, a distance of 137.94 feet to a point, the beginning of a 5,674.5780
foot radius curve to the left, center of said 5,674.5780 foot radius curve bears South
88°04'03" East, a distance of 5,674.5780 feet;
THENCE around said 5,674.5780 foot radius curve, an arc distance of 173.43 feet to a point,
the end of said 5,674.5780 foot radius curve;
THENCE South 0°12'42" West, a distance of 828.00 feet to a point, the beginning of a 5,784.5780
foot radius curve to the right, center of said 5,784.5780 foot radius curve bears North
89°47'18" West, a distance of 5,784.5780 feet;
THENCE around said 5,784.5780 foot radius curve, an arc distance of 174.31 feet to a point,
the end of said 5,784.5780 foot radius curve;
THENCE South 1055'42" West, a distance of 1,172.91 feet to a point in the South line of
Section 1, Block D-3;
jL2
JLIN 10 1976
76-35-212-396
(37)
THENCE North 88°04'29" West along the South line of Section 1, Block D-3, a distance of 89.93
feet to the PLACE OF BEGINNING.
SECTION 2. THAT the owners of said land including Zada Beard be offered through the Right --
of -Way Department of the City of Lubbock the amount of $20,283.00, which is the amount appraised
as the value and total damages for the fee simple title and acquisition of said real estate here-
inabove described for the purposes herein stated, for the use and benefit of the City of Lubbock,
located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City
of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceed-
ings to acquire the fee simple title to said land as hereinabove described for public purposes
and municipal purposes.
Passed by the City Council this loth day of June, 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
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 that the following re-
solution be passed.
PVCAT TTTTATT
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County,
Texas, has determined and does hereby determine the public needs, safety, and welfare demands
and creates a public necessity for the widening, constructing, reconstructing and expansion and
improvement of Quirt Avenue in said City in order to provide better access to the Municipal Airport
of said City creating a need for additional Right -of -Way by said City to accomplish such purposes,
and this City Council of said City finds it to the best public interest and for public purposes
and municipal purposes to proceed with the acquisition of lands as needed for such purposes as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. That the fee simple title to the following described real estate located in
Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in
the Preamble hereof, to -wit:
A parcel of land containing 5.727 acres of land out of Section 7, Block A, Lubbock County,
Texas. Said Section 7, Block A was conveyed to Lucy Riddle Ross, Raleigh Ross, Mary Paula
Greenlee and Joseph Mahoney Greenlee, Jr. by Civil Minutes No. 99,983 of the 98th District
Court of Travis County dated March 22, 1955 and filed for record in Volume 820, Pages 325
thru 330, Deed Records of Travis County, Texas and also on record in Volume 1268, Page 475,
Deed Records, Lubbock County, Texas. Said 5.727 acre tract is more particularly described
by metes and bounds as follows:
BEGINNING at the Northeast corner of Section 7, Block A, said Northeast corner bears South
88°4'29" East, a distance of 5,280.00 feet from the Southwest corner of Section 10, Block A;
THENCE South 1°54'42" West along the East line of Section 7, Block A, a distance of 5,307.10
feet to the Southeast corner of Section 7, Block A;
THENCE North 88°3'14" Wpat along the South line of Section 7, Block A, a distance of 30.00
feet to a point;
THENCE North 1°54'42" East, a distance of 263.68 feet to a point, the beginning of a 5,674.5780
foot radius curve to the left, center of said 5,674.5780 foot radius curve bears North 88°
5'38" West;
THENCE around said 5,674.5780 foot radius curve, an arc distance of 170.84 feet to a point,
the end of said curve;
THENCE North 0°11'12" East, a distance of 827.21 feet to a point, the beginning of a 5,784.5780
foot radius curve to the right, center of said curve bears South 89048'48" East, a distance
of 5,784.5780 feet;
THENCE around said 5,784.5780 foot radius curve, an arc distance of 174.16 feet to a point,
the end of said curve;
THENCE North 1054'42" East, a distance of 1,989.74 feet to a point, the beginning of a 5,784.5780
foot radius curve to the right, center of said 5,784.5780 foot radius curve bears South 88°
5'18" East, a distance of 5,784.5780 feet;
THENCE around said 5,784.5780 foot radius curve, an arc distance of 164.90 feet to a point,
the end of said 5,784.5780 foot radius curve;
THENCE North 3032'42" East, a distance of 1,237.52 feet to a point, the beginning of a 5,674.5780
foot radius curve to the left, center of said 5,674.5780 foot radius curve bears North
86°27'18" West, a distance of 5,674.5780 feet;
213
JUN 10 7976
THENCE around said 5,674.5780 foot radius curve, an arc distance of 160.11 feet to a point,
the end of said curve;
THENCE North 1055'42" East a distance of 319.88 feet to a point in the North boundary line of
Section 7, Block A;
THENCE South 8804'29" East along the North boundary line of Section 7, Block A, a distance
of 20.07 feet to the PLACE OF BEGINNING, containing 5.727 acres of which approximately 3.229
acres are in an existing road.
SECTION 2. That the owners of said land including STECK FARM TRUST be offered through the
Right -of -Way Department of the City of Lubbock the amount of $11,241.00, which is the amount
appraised as the value and total damages for the fee simple title and acquisition of said
real estate hereinabove described for the purposes herein stated, for the use and benefit
of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the
City Attorney of said City of Lubbock is hereby authorized and instructed to institute
condemnation (eminent domain) proceedings to acquire the fee simple title to said land as
hereinabove described for public purposes and municipal purpose.
Passed by the City Council this loth day of June, 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
76-35-213-397 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(38) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re-
solution be passed.
12Fi COT T7'TTnM
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County,
Texas, has determined and does hereby determine the public needs, safety, and welfare demands and
creates a public necessity for the widening, constructing, reconstructing and expansion and im-
provement of Quirt Avenue in said City in order to provide better access to the Municipal Airport
of said City creating a need for additional Right -Of -Way by said City to accomplish such purposes,
and this City Council of said City finds it to the best public interest and for public purposes
and municipal purposes to proceed with the acquisition of lands as needed for such purposes as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. That the fee simple title to the following described real estate located in
Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth
in the Preamble hereof, to -wit:
A parcel of land containing 4.076 acres, more or less, out of the North 1/2 of Section 8,
Block A, Lubbock County, Texas. Said North 1/2 Section was conveyed to Evelyn Ashby Williams
and Maurine Ashby by J. H. Beard by proof of heirship recorded in Volumes 57 and 616, Pages
618 and 208 and by Warranty Deed dated September 30, 1973 and recorded in Volume 1360, Pages
468 and 470, Deed Records of Lubbock County, Texas. Said 4.076 acres of land is more parti-
cularly described by metes and bounds as follows:
BEGINNING at the Northwest corner of Section 8, Block A, said Section corner bears South 880
4'29" East, a distance of 5,280.00 feet from the Southwest corner of Section 10, Block A;
THENCE South 88°4'29" East along the North line of Section 8, Block A, a distance of 89.93
feet to a point;
THENCE South 1°55'42" West, a distance of 319.89 feet to a point, the beginning of a 5,784.5780
foot radius curve to the right, center to said curve bears North 88°4'18" West, a distance
of 5,784.5780 feet;
THENCE around said 5,784.5780 foot radius curve, an arc distance of 163.22 feet to a point,
the end of said curve;
THENCE South 3032'42" West, a distance of 1,237.52 feet to a point, the beginning of a 5,674.5781
foot radius curve to the left, center of said curve bears South 86°27'18" East, a distance
of 5,674.5780 feet;
THENCE around said 5,674.5780 foot radius curve, an arc distance of 161.77 feet to a point,
the end of said curve;
THENCE South 1054'42" West, a distance of 795.23 feet to a point in the South property line
of said Williams, Ashby tract;
THENCE North 8805'18" West along the South property line of said Williams, Ashby tract, a
distance of 49.91 feet to a point in the West line of Section 8, Block A;
THENCE North 1054'42" East along the East line of Section 8, Block A, a distance of 2,677.10
feet to the place of beginning, containing 4.076 acres of which approximately 2.277 acres
are in an existing road.
214
1978
SECTION 2. That the owners of said land including EVELYN ASHBY WILLIAMS be offered through
the Right -of -Way Department of the City of Lubbock the amount of $8096.00, which is the amount
appraised as the value and total damages for the fee simple title and acquisition of said
real estate hereinabove described for the purposes herein stated, for the use and benefit of
the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City
Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation
(eminent domain) proceedings to acquire the fee simple title to said land as hereinabove
described for public purposes and municipal purposes.
Passed by the City Council this 10th day of June, 1976.
ATTEST: /s/ Roy Bass
ROY BASS, MAYOR
/s/ Treva Phillips
Treva Phillipc, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
76-35-214-398 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(39) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re-
solution be passed.
R F. gnT.TTTT nw
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas,
has determined and does hereby determine the public needs, safety, and welfare demands and creates
a public necessity for the widening, constructing, reconstrucing and expansion and improvement
of Quirt Avenue in said City in order to provide better access to the municipal airport of said
City creating a need for additional right-of-way by said City to accomplish such purposes, and
this City Council of said City finds it to the best public interest and for public purposes and
municipal purposes to proceed with the acquisition of lands as needed for such purposes as afre-
said; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following described real estate located in
Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
A parcel of land containing 0.745 acre of land, more or less, out of a 14.23 acre tract of
land in Section 8, Block A, Lubbock County, Texas. Said 14.23 acres was conveyed to Brazos,
Inc. by Raymond E. Hefner and wife, Dorothy, by Deed dated April 23, 197L and recorded in
Volume 1384, Page 901, Deed Records, Lubbock County, Texas. Said 0.745 acre is more parti-
cularly described by metes and bounds as follows:
BEGINNING at a point on the West Boundary Line of Section 8, Block A, said point bears South
88°4'29" East, a distance of 5,280.00 feet, thence South 1°54'42" West, a distance of 2,677.10
feet from the Southwest Corner of Section 10, Block A;
THENCE South 88°5'18" East along the North Property Line of said 14.23 acre tract, a distance
of 49.91 feet to a point;
THENCE South 1° 54'42" West,.a dis-tanee of 650.00 feet to -a point in the South Property Line
of said 14.23 acre tract;
THENCE North 88°5'18" West along the South Property Line of said 14.23 acre tract, a distance
of 49.91 feet to a point on the West Boundary Line of Section 8, Block A;
THENCE North 1054'42" East along the West Boundary Line of Section 8, Block A, a distance
of 650.00 feet to the PLACE OF BEGINNING, continuing 0.745 acre of which approximately
0.448 acre is in an existing road.
SECTION 2. THAT the owners of said land including Brazos, Inc. be offered through the
Right -of -Way Department of the City of Lubbock the amount of $1440.00, which is the amount apprais-
ed as the value and total damages for the fee simple title and acquisition of said real estate
hereinabove described for the purposes herein stated, for the use and benefitof the City of
Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of
said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain)
proceedings to acquire the fee simple title to said land as hereinabove described for public pur-
poses and municipal purposes.
Passed by the City Council this 10th day of June, 1976.
ATTEST: /s/ Roy Bass
/s/ Treva Phillips ROX BASS, MAYOR
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter.z Jr.
Fred 0. Senter, Jr., City Attorney
j'
4
215
AN 10 1976
76-35-215-399
(40)
76-35-215-400
(41)
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 that the following re-
solution be passed.
RF.g0T.TTTT0W
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County,
Texas, has determined and does hereby determine the public needs, safety, and welfare demands
and creates a public necessity for the widening, constructing, reconstructing and expansion and
improvement of Quirt Avenue in said City in order to provide better access to the Municipal
Airport of said City creating a need for additional Right -of -Way by said City to accomplish such
purposes, and this City Council of said City finds it to the best public interest and for public
purposes and municipal purposes to proceed with the acquisition of lands as needed for such
purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. That the fee simple title to the following described real estate located in
Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth
in the Preamble hereof, to -wit:
A parcel of land containing 0.442 acre of land, more or less, out of a 40.00 acre tract
in the South half of the North half of the Southwest one -quarter of Section 8, Block A,
Lubbock County, Texas. Said 40.00 acres was conveyed to Georgia Hefner by Raymond E. Hefner
by Deed dated September 21, 1957 and recorded in Volume 670, Page 219, Deed Records, Lubbock
County, Texas. Said 0.442 acre tract is more particularly described by metes and bounds as
follows:
BEGINNING at a point on the West boundary line of Section 8, Block A, said point is the North-
west corner of said 40.00 acre tract and bears South 88°4'29" East, a distance of 5,280.00
feet, thence South 1°54'42" West, a distance of 3,327.10 feet from the Southwest corner of
Section 10, Block A;
THENCE South 8805'18" Past along the North property line of said 40.00 acre tract, a distance
of 49.91 feet to a point;
THENCE South 1054'42" West, a distance of 385.50 feet to a point on the South property
line of said 40.00 acre tract;
THENCE North 8805'18" West along the South property line of said 40.00 acre tract, a dis-
tance of 49.91 feet to a point on the WEst boundary line of Section 8, Block A;
THENCE North 1054'42" East along the West boundary line of Section 8, Block A, a distance
of 385.50 feet to the PLACE OF BEGINNING, containing 0.442 acre of which approximately 0.265
acre is in an existing road.
SECTION 2. That the owners of land including GEORGIA HEFNER be offered through the Right -of -
Way Department of the City of Lubbock the amount of $689.00, which is the amount appraised
as the value and total damages for the fee simple title and acquisition of said real estate
hereinabove described for the purposes herein stated, for the use and benefit of the City of
Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney
of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent
domain) proceedings to acquire the fee simple title to said land as hereinabove described
for public purposes and municipal purposes.
Passed by the City Council this 10th day of June, 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
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 that the following
resolution be passed.
RF.gOTJTTTON
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County,
Texas, has determined and does hereby determine the public needs, safety, and welfare demands and
creates a public necessity for the widening, constructing, reconstructing and expansion and im-
provement of Quirt Avenue in said City in order to provide better access to the municipal air-
port of said City creating a need for additional right-of-way by said City to accomplish such
purposes, and this City Council of said City finds it to the best public interest and for public
purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes
as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following described real estate located in
Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
UR,
A parcel containing 1.029 acres of land, more or less, out of an 8.75 acre tract of land in
the Southeast 1/4 of Section 10, Block A, Lubbock County, Texas. Said 8. 75 acres of land
was conveyed to Roy B. Taylor by Bertha Teeter by deed dated July 11, 1966 and recorded in
Volume 1093, Page 383. Deed Records. Lubbock County, Texas. Said 1.029 acres of land is
more particularly described by metes and bounds as follows:
BEGINNING at a point on the East line of Section 10, Block A, said point bears South 88°
04'29" East, a distance of 5,280.00 feet, thence North 1"55131" East, a distance of 1,485.00
feet from the Southwest corner of Section 10, Block A;
THENCE North 88°04'29" West, a distance of 26.80 feet along the South property line of said
8.75 acre tract to a point;
THENCE North 0°12'42" East, a distance of 685.85 feet to a point, the beginning of a 5,784.5780
foot radius curve to the right, center of said 5,784.5780 foot radius curve bears South
89°47'18" East, a distance of 5,784.5780 feet;
THENCE around said 5,784.5780 foot radius curve, an arc distance of 173.73 feet to a point
the end of said 5,784.5780 foot radius curve;
THENCE North 1055'57" East, a distance of 145.62 feet to a point;
THENCE North 41004'20" West, a distance of 73.13 feet to a point in the South right-of-way
line of Farm to Market Highway 2641;
THENCE South 84004'37" East along the South right-of-way line of Farm to Market Highway
2641, a distance of 99.98 feet to a point on the East line of Section 10, Block A;
THENCE South 1°55'31" West along the East line of Section 10, Block A, a distance of 1,051.38
feet to the PLACE OF BEGINNING, containing 1.029 acres of which approximately 0.410 acre is
an existing road.
SECTION 2. THAT the owners of said land including John Abney be offered through the Right -of --
Way Department of the City of Lubbock the amount of $6518.00, which is the amount appraised as the
value and total damages for the fee simple title and acquisition of said real estate hereinabove
described for the purposes herein stated, for the use and benefit of the City of Lubbock, located
in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock
is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to
acquire the fee simple title to said land as hereinabove described for public purposes and
municipal purposes.
Passed by the City Council this 10th day of June, 1976.
ATTEST: /s/ Roy Bass
ROY BASS, MAYOR
/s/ Treva Phillips _
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Sente_r, Jr. .
Fred 0. Senter, Jr., City Attorney
76-35-216-401 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(42) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re-
solution be passed.
RF.I;OT.TTTTO?J
WHEREAS, the City of Lubbock, Texas a Home Rule Municipality located in Lubbock County,
Texas, has determined and does hereby determine the public needs, safety, and welfare demands and
creates a public necessity for the widening, constructing, reconstructing and expansion and im-
provement of Quirt Avenue in said City in order to provide better access to the municipal airport
of said City creating a need for additional right -of --way by said City to accomplish such purposes,
and this City Council of said City finds it to the best public interest and for public purposes
and municipal purposes to proceed with the acquisition of lands as needed for such purposes as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the followingdescribed real estate located in
Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
A parcel of land containing 0.041 acre, more or less, out of a 2.00 acre tract in Section 10,
Block A, Lubbock County, Texas. Said 2.00 acre tract was conveyed to R. P. Montgomery by
Darlton Pringle by Deed dated November 21, 1973 and recorded in Volume 1367, Page 447, Deed
Records, Lubbock County, Texas. Said 2.00 acre tract also contains a 50.00 foot by 175.00
foot Dedication to the City of Lubbock containing 0.201 acre of land, more or less, and
recorded in Volume 934, Page 269. Deed Records, Lubbock County, Texas. Said 0.041 acre tract
of land is more particularly described by metes and bounds as follows:
BEGINNING at a point on the East line of Section 10, Block A, said point bears South 88°
04'29" East, a distance of 5,280.00 feet, thence North 1°55'31" East, a distance of 627.00
feet from the Southwest corner of Section 10, Block A;
217
:SUN 10 1976
THENCE North 88004'29" West along the South Property line of said 2.00 acre tract, a distance
9f 20.04 feet to a point;
THENCE North 1055'42" East, a distance of 89.00 feet to a point in the South Boundary line
of the above mentioned Dedication to the City of Lubbock;
THENCE South 88°04'29" East along the South Boundary line of said Dedication to the City of
Lubbock, a distance of 20.03 feet to a point in the East Boundary line of Section 10, Block A;
THENCE South 1°55'31" West along the East Boundary line of Section 10, Block A, a distance
of 89.00 feet to the PLACE OF BEGINNING, containing 0.041 acre of which approximately 0.028
acre is in an existing road.
SECTION 2. THAT the owners of said land including R. P. Montgomery be offered through the
Right -of -Way Department of the City of Lubbock the amount of $140.00, which is the amount apprais-
ed as the value and total damages for the fee simple title and acquisition of said real estate
hereinabove described for the purposes herein stated, for the use and benefit of the City of
Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of
said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent
demain) proceedings to acquire the fee simple title to said land as hereinabove described for public
purposes and municipal purposes.
Passed by the City Council this 10th day of June, 1976.
ATTEST: Is/ Roy Bass
ROY BASS, MAYOR
Isl Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
Isl Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
76-35-217-402 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(43) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re-
solution be passed.
RF.g0T.TTTT0N
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County,
Texas, has determined and does hereby determine the public needs, safety, and welfare demands and
creates a public necessity for the widening, constructing, reconstructing and expansion and im-
provement of Quirt Avenue in said city in order to provide better access to the munigipal airport
of said City creating a need for additional right-of-way by said City to accomplish such purposes,
and this City Council of said City finds it it the best public interest and for public purposes
and municipal purposes to proceed with the acquisiton of lands as needed for such purposes as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following described real estate located in
Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
A parcel of land containing 0.106 acre of land, more or less, out of a 0.875 acre tract in
Section 10, Block A, Lubbock County, Texas. Said 0.875 acre of land was conveyed to H. S.
Jondal by Frank Gaines by Deed dated November 13, 1963 and recorded in Volume 965, Page 557,
Deed Records, Lubbock County, Texas. Said 0.106 acre is more particularly described by
metes and bounds as follows:
BEGINNING at a point on the East Line of Section 10, Block A, said point bears South 88'
4'29" East, a distance of 5,280.00 feet, thence North 1°55'31" East, a distance of 264.00
feet from the Southwest corner of Section 10, Block A;
THENCE North 8804'29" West along the South Property line of said 0.875 acre tract, a distance
of 20.06 feet to a point;
THENCE North 1°5542" East, a distance of 231.00 feet to a point in the North Property line
of said 0.875 acre tract;
THENCE South 8804'29" East along the North Property line of said 0.875 acre tract, a distance
of 20.04 feet to a point in the East line of Section 10, Block A;
THENCE South 1055'31" West along the East line of Section 10, Block A, a distance of 231.00
feet to the PLACE OF BEGINNING, containing 0.106 acre of which approximately 0.074 acre is
in an existing road.
SECTION 2. THAT the owners of said land including H. S. Jondal be offered through the Right -
of -Way Department of the City of Lubbock the amount of $266.00, which is the amount appraised as
the value and total damages for the fee simple title and acquisition of said real estate herein -
above described for the purposes herein stated, for the use and benefit of the City of Lubbock,
located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of
Lubbock County Texas, and unless accepted forthwith the City Attorney of said City of Lubbock
is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to
acquire the fee simple title to said land as hereinabove described for public purposes and muni-
cipal purposes.
Passed by the City Council this 10th day of June, 1976.
28
J :i. ,'W-
ATTEST: /s/ Roy Bass
ROY BASS, MAYOR
/s/ Treva Phillips _
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred O.'Senter, Jr.
Fred 0. Senter, Jr., City Attorney
76-35-218-403 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(44) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No.
7274 on first reading.
ORDINANCE NO. 7274
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; WIDENING OF QUIRT AVENUE
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 Im-
provement Bond Fund
The sum $24,772.00
For the following purpose: Acquisition of Right -of -Way on Quirt Avenue, North of Loop 289 to
airport entrance.
Supplement to Appropriation Ordinance No. 6873 11 April 1974 & No. 7268, 1 May 1976.
76-35-218-404 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass,
(45) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re-
solution 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 Lease to be executed by said City as LESSOR and ERA,
Incorporated, a New Mexico Corporation doing business in Texas as ERA of Lubbock, Incorporated,
as LESSEE covering premises owned by said City, being a tract having dimensions of 250.00 feet
by 250.00 feet (square tract) out of Section 4, Block B, 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 loth day of June, 1976.
ATTEST: /s/ RoZ 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
LEASE AGREEMENT
THE STATE OF TEXAS I
COUNTY OF LUBBOCK I
This agreement entered into this 10th day of June, 1976, by and between the City of Lubbock,
Texas, a Home Rule Municipal Corporation located in Lubbock County, Texas, herein called "LESSOR"
and ERA, incorporated, a Corporation incorporated under the laws of the State of New Mexico (some-
times known as Ecological Research Associates) doing business in Texas under the name of ERA of
Lubbock, Inc., pursuant to a current and viable certificate of authority to do business in Texas
issued by the Secretary of State (of Texas) having its principal place of business and registered
agent for service (Richard P. Cheney) at 1638 Main Street, Lubbock, Texas, herein called "LESSEE",
upon the following terms and conditions:
I.
Lessor does hereby lease unto Lessee for public purposes, to -wit: Research and development
in the process of reclamation of waste water from Lessor's sewerage treatment facilities to exceed
the Environmental Protection Agency's (federal agency) increased polution restrictions currently
set for 1985, and also a cattle feeding study to be engaged in by Leassee and Texas Tech University
and submitted to the United States Department of Agriculture, all of which inures to the benefit
of the public health and welfare of the citizens of Lubbock, Texas, and the entire State of Texas,
in and upon the following described real estate and improvements thereon situated:
BEGINNING at a point 480 feet East of the Northwest corner of Section 4, Block B, Lubbock
County, Texas;
THENCE North 100 feet;
219
JUN 10 M76
THENCE East 250 feet;
THENCE South 250 feet;
THENCE West 250 feet;
THENCE North 150 feet to the PLACE OF BEGINNING.
II.
This lease shall be for a term of five (5) years from the date hereof. Lessee shall pay
Lessor the sum of ONE DOLLAR ($1.00) per year payable in advance 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.
The maintenance and operation of this facility by the Leassee for the purposes aforesaid is
hereby declared to be a public purposes 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 V.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 improvements located upon the leased premises, and
the areas surrounding the building (s) shall be properly maintained.
VI.
Lessee agrees to pay and shall pay for all utilities and operational costs of the facilities
hereby leased.
VII.
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 insureds 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 pre-
mises.
VIII.
It is expressly understood and agreed by both parties hereto that Lessee 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 performed 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, and a chain .link perimeter fence shall be installed by Lessee (at
its expense) forthwith to prevent children from entering the pond area on the leased premises.
X.
The Lessee will not discriminate against any employees employed in the performance 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 applicants 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, domotion or transfer; recruitment or recruitment advertising,
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
XI.
Lessor will allow additions to the existing buildings and/or improvements located upon the
leased premises by Lessee, at Lessee's expense, so long as such additions are in conformance with
all City of Lubbock and State of Texas building, urban renewal, zoning, subdivision, health, fire
and safety laws and/or regulations.
XII.
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. All improvements made or
constructed or placed on the leased premises by Lessee now existing or during the term of this
lease shall remain the personal property of the Lessee and shall be removed by Lessee (at its
expense) within 90 days after the Expiration, cancellation, or termination of this lease, and
if not so removed same shall become and be the property of Lessor (at its option) upon written
22
JUN 10' 1576--
notice to Lessee to such effect. Upon removal of its improvements as aforesaid, Lessee (at its
expense) shall place the leased premises back in its original condition (as near as may be).
XIII.
Lessee shall not sublease or assign this lease, in whole or in part, without the written
consent of the Lessor.
XIV.
Lessor shall not be liable to Lessee or to Lessee's 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 for any damages from any defects in the leased premises and the Lessee accept such
premises as suitable for the purposes for which the same are leased and waive defects therein
and agree to hold the Lessor harmless from all claims for any such damage.
XV.
Lessee shall, (at its expense) at all times shall maintain such Workmen's Compensation In-
surance as required by the laws of the State of Texas covering all its employees involved in any
manner in the services and/or operations conducted by Lessee pursuant to this lease.
ATTEST:
Ray H. Rampy, Secretary -Treasurer
ATTEST:
/s/ Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr., City Attorney
ERA, Incorporated DBA ERA of Lubbock, Inc.
BY
B.J. FARMER, President
CITY OF LUBBOCK
BY /s/ Roy Bass, Mayor
76-35-220-405 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass,
(46) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No.
7275 as an emergency measure.
ORDINANCE N0. 7275
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, and this ordinance deals with the daily
operation of City departmentsin the public interest which creates an emergency; NOW THEREFORE,
WIDENING OF AVENUE 'H'
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 GOW 10873
The sum $1843.00
For the following purpose: Demolition of building at 4th & H Avenue
(City owned) Formerly Abercrombie Lumber business.
SUPPLEMENT to Appropriation ordinances No. 6909 of June 13, 1974 and 7225 of 11 March, 1976, for
total amount of $14,682.00, for acquisition of the East 52.25 feet of Lots 4,5,6&7, Liff Sanders
Addition to City of Lubbock, Lubbock County, Texas.
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 dis-
pensed with; and this ordinance shall be effective from the date of its passage.
76-35-220-406 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass,
(48) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting to pass Ordinance No. 7276
on first reading.
ORDINANCE NO. 7276
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY
ADDING THERETO A NEW ARTICLE X PROVIDING FOR LUBBOCK PUBLIC TRANSIT ADVISORY BOARD; PROVIDING FOR
APPOINTMENT OF MEMBERS AND TERM OF OFFICE; PROHIBITING CREATION OF ANY INDEBTEDNESS; PROVIDING
FOR SAVINGS CLAUSE AND FOR PUBLICATION OF CAPTION.
76-35-220-407 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass,
(50) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize the purchase
of a Financial Information System form the Houston -Galveston Area Council of Governments and award-
ing of service contract for conversion of system to run on City's computer and Chart of Accounts.
76-35-220-408 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass,
(51) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize exercising
the purchase option of the IBM 3270 series terminal equipment presently installed and leased by
the City.
22-"
MR
ab
JUN 10 IM
76-35-221-409 The following bids were received for the purchase of two 72" trim mowers for the Park and Recrea-
(52) tion Department, being Bid No. 3901.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by
Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister
voting Yea, none voting Nay to accept the bid of Colonial Motors, Dallas, for the purchase of
two 72" trim mowers for the Park and Recreation Department.
76-35-221-410 The following bids were received for the purchase of envelopes for the Tax Department, being Bid
(53) No. 3913.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by
Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister
voting Yea, none voting Nay to accept the bid of Dixon Paper Company for the purchase of envelopes
for the Tax Department.
76-35-221-411 The following bids were received for the purchase of electrical equipment for the Police Academy
(54) firing range, being Bid No. 3917.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by
Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister
voting Yea, none voting Nay to accept the bid of General Electric Supply Co. for the purchase of
Electrical equipment for the Police Academy firing range.
76-35-221-412 The following bids were received for the purchase of fire hydrants and valves for Warehouse Stock,
(55) being Bid No. 3926.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by
Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister
voting Yea, none voting Nay to accept the bid of American -Darling Valve & Manufacturing, Dallas,
for the purchase of fire hydrants and valves for Warehouse Stock.
76-35-221-413 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor
(56) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Fred
Timberlake and George Miller to the Airport Board. These terms are for three years and will
expire August 11, 1979.
76-35-221-414 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor
(57) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Mrs.
A.C. Verner, Bob Dunbar, B.C. "Peck" McMinn, Irvin Skibell, Dr. James Granberry, Dr. Floyd Perry
and Larry Corbin to the Convention and Tourism Bureau. These terms are for three years and
will expire June 10, 1979.
76-35-221-415 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor
(58) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Ernest
Barton and Dixon White to the Electric Utilities Board. These terms are for four years and will
expire June 30. 1980.
76-35-221-416 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor
(59) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to confirm the
appointment of W.R. Collier, Dr. O.W. English, Carroll McDonald, Lee Stafford and Oliver Thomas
to the Board of City Development. These terms are for six years and will expire January 15, 1982.
76-35-221-417
(29)
Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor
Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following
resolution be passed.
1PFCf1T TTTTOM
A RESOLUTION PROVIDING FOR IMPROVEMENTS OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR
ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARA-
TION OF PLANS AND SPECIFICATIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS THAT:
I.
Public necessity exists that the followingportions of streets, highways, avenues and/or alleys
in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit:
NAME
48th Street (42')
FROM
Englewood Avenue
II.
TO
Elkhart Avenue
Said portions of streets, highways and avenues shall be improved by raising, grading and
filling same, by installing concrete curb and gutters, by installing storm sewers and drains where
necessary, by installing a compacted caliche base, and by surfacing with four (4) course penetra-
tion type or 1-3/4" hot mix type asphaltic surface treatment. Alleys shall be improved by install-
222
1976
ing a ten (10) foot wide, 5" thick reinforced concrete strip in the center thereof.
The City Engineer is hereby directed to prepare plans and specifications for such improvements.
IV.
Such improvements in each unit shall be paid for in the following manner: (a) Railways and
street railways using, occupying, or crossing any portion of said streets, highways, avenues
and/or alleys to be improved shall be assessed for and shall pay for all of the cost of the work
in the area between their rails and tracks, double tracks, turnouts and switches and two feet on
each side thereof.
STREET IMPROVEMENTS
(b) The abutting property and owners thereof shall pay and shall be assessed for all the cost of
constructing curbs in front of such respective property and a part of the remaining cost of
such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a)
above, provided, that such part of the cost assessed to the abutting property or owners thereof
will not exceed 90% of the cost of the improvements plus the cost of the curb, and further provided
that if it shall appear at the hearing, to be had before final assessment is made, that the special
benefits to such property by way of enhancement value thereof by means of such improvements will
not aggregate such proportion of the cost as specified above, then there shall be assessed and be
paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits.
ALLEY IMPROVEMENTS
(c) The abutting property and owners thereof shall pay and shall be assessed for a part of the
remaining cost of such improvements, after deducting the sums to be paid by the railways under
sub -paragraph (a) above, in the following manner: All property which has single family or two
(2) family residential usage on both sides of the alley to be improved shall be assessed for fifty
(50) percent of the cost of such improvements. Vacant property zoned for two (2) family residential
purposes shall be assessed for fifty (50) percent of the cost of such improvements. Property
which has commercial or semi -commercial usage, and property used or vacant and zoned for three
(3) or more family residential usage, shall be assessed for ninety (90%) of the cost of such im-
provements. Where there is commercial or semi -commercial usage or zoning on one side of an alley,
the single family residential usage and zoning on the other side, property used as a single family
residence will not be assessed. Said abutting property and owners thereof shall pay and be assess-
ed for the cost of constructing alley paving imprrovemenes as specified above, provided, that if
it shall appear at the hearing to be had before final assessment is made, that the special benefits
to such property by way of enhancement value thereof by means of such improvements will not aggre-
gate such proportion of the cost as specified above, then there shall be assessed and be paid by
such abutting property and the owners thereof, a lesser amount not to exceed the benefits.
(d) The remaining cost of said improvements after deducting the sums finally assessed against
railways and street railways under sub -paragraph (a) hereby, and against abutting property and
owners thereof under sub -paragraph (b) and (c) above, shall be paid by the City of Lubbock.
V.
The amounts assessed against and to be paid by railways and street railways for work between
rails and tracks and 2 feet on each side thereof shall be paid on estimates or statements on or
before twenty days after acceptance of the improvements in the unit in which the railway lies,
by the City Council and shall bear interest from date due and until paid at the rate of 6% per
annum. The amounts assessed against and to be paid by the abutting property and the owners thereof
shall be payable in five (5) equal installations. The first of which shall become due on or before
20 days after completion and acceptance of the improvements in the unit on which the property
abutts by the City Council; the second, third, fourth and fifth installments shall become due one,
two, three, and four years respectively after completion and acceptance of the improvements in
the unit upon which the property abutts, by the City Council and shall bear interest from the date
of completion and acceptance until paid, at the rate of six percent per annum on street improvements
and seven percent per annum on alley improvements, payable annually, with provisions that if de-
fault be made in the payment of any installment promptly as the same matures; Then at the option
of the holder of such assessment or certificate issued in evidence thereof, such default shall
mature the entire assessment upon which same is made.
LIAa
Assessments shall be made and levied, and shall be a first and prior lien and personal
liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred,
all under and in accordance with the Charter and amendments thereto, now in force in this City,
and in accordance with the provisions of Article 1105B Revised Civil Statutes of Texas as amended
by Chapter 281 Acts of the 52nd Legislature, and most recent amended by Chapter 176 Acts of the
60th Legislature.
VII.
This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS loth DAY OF .TUNE, 1976.
ATTEST:
/s/_Treva Phillips
Treva Phillips, City Secretary -Treasurer
/s/ Rox Bass
ROY BASS, MAYOR
APPROVED:
/s/ Wilford D. Watson, City Engineer
APPROVED:
/s/ Fred 0. Senter, Jr., City Attorney
223
76-35-223-418
(29a)
s
OR
76-35-223-419
(30)
..
Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor
Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow-
ing resolution be passed.
RPSOUTTTON
A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS.
WHEREAS, the City Council on June 10, 1976, passed a resolution providing for the improvements
of a portion of 48th Street between Englewood Avenue and Elkhart Avenue in the City of Lubbock,
Texas, and along the boundaries of said City, and directing preparation of plans and specifica-
tions covering the above mentioned street as named in said resolution and,
WHEREAS, the City Engineer has prepared and filed with the City plans and specifications
for such improvements, and same have been examined;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
THAT, the plans and specifications submitted by the City Engineer covering improvements
contemplated by said resolution, BE, and the same are hereby approved and the Mayor and City
Secretary are hereby authorized and directed to advertise for bids in accordance with the "Notice
to Bidders" made a part of said specifications covering the quantities of materials needed for
said paving program as therein set out,
AND IT IS SO ORDERED.
PASSED AND APPROVED THIS THE loth day of June, 1976.
ATTEST:
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
_/s/ Ray Bass
ROY BASS, MAYOR
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
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 that the follow-
ing resolution be passed.
RVgnT.TTTT0V
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirements provisions of City Ordinance 1331,
the subdivider of Iris Gardens Addition, Lots 1 thru 18, made arrangements with Lubbock Asphalt
Products, Inc, for the construction of paving improvements on certain streets dedicated in said
subdivision under the provisions of said Ordinance prior to the recording of the subdivision
plat of Iris Gardens Addition, Lots 1 thru 18 including the following streets:
Hudson Avenue from its intersection with a line 27.00 feet south of the South Lip Line of 82nd
Street to its intersection with the North Lip Line of 83rd Street known and designated as New
Subdivision Sub -Unit Number 85 of Unit Number 2017.
83rd Street from its intersection with a line 27.00 feet east of the East Lip Line of Indiana
Avenue to its intersection with the cul-de-sac east of Hudson Avenue known and designated as New
Subdivision Sub -Unit Number 86 of Unit Number 2017.
AND WHEREAS, the construction of the above improvements on the abovementioned streets 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 streets 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.10th DAY OF JUNE, 1976.
ATTEST:
/s/ Treva Phillips
Treva Phillips, City Secretary
/s/ Roy Bass
ROY BASS, MAYOR
APPROVED
/s/ Wilford D. Watson
Wilford D. Watoos, City Engineer
APPROVED:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
1UN I q 1976
CONSOLIDATED FINAL ESTIMATE
Iris Gardens Addition, Lots 1 thru 18
Accepted June 10, 1976.
S.Y. S.Y.
Unit & Paving L.F. Alley
Sub -Unit Location 6" Base C & G Return
NS 2017-85 Hudson Avenue from 27'
South of the SLL of 82nd
Street to the NLL of 83rd. 1565.32 744.38 38.18
NS 2017-86
83rd
St. from 27' east of
W
the
ELL of Indiana Ave. to
the
Cut -de -sac east of Hudson
Avenue
2758.60
1158.14 38.18
TOTAL
4323.92
1902.52 76.36
COST ESTIMATE
4323.92
S.Y.
Paving 6" Base
@$ 2.50
$10,809.80
1902.52
L.F.
Curb & Gutter
@$ 2.45
$ 4,661.17
76.36
S.Y.
Alley Return
@$ 8.75
$ 668.15
CONTRACT
COST
$16,139.12
COST DISTRIBUTION
Unit &
Contract
Property
Sub -Unit
cost
Owner Cost
NS 2017-85
6071.10
6071.10
NS 2017-86
10068.02
10068.02
TOTAL
$16139.12
$16139.12
76-35-224-420 Henry Huneke, Chairman of the Parks and Recreation Board, appeared before the City Council and
(10) presented the following Board recommendations:
a. Consider a lease agreement between the City of Lubbock and West Texas Riders Association,
Inc.
b. Consider naming the park site located at 73rd Street and York Avenue.
c. Consider naming of the developed park located at 1st Street and North Avenue H.
d. Consider naming the total Canyon Lakes Project Area, including Yellowhouse Canyon Park.
e. Consider recommendation regarding construction of Canyon Lakes Project Priority One park
park improvements and consider an appropriation ordinance from Canyon Lakes Bond Fund
for park improvements.
f. Consider selection of a permanent recognition plaque for the Canyon Lakes Project.
g. Consider policy regarding donations for plant materials for the Canyon Lakes Project.
h. Consider recommendation regarding the revised Canyon Lakes Project budget.
i. Consider recommendations of the Lubbock County Historical Survey Commission designating
areas of historical significance in the Canyon Lakes Project.
76-35-224-421 The City Council considered a lease agreement between the City of Lubbock and West Texas Riders
10a) Association, Inc. Weldon Garrett, representing the West Texas Riders Association, Inc., appeared
before the City Council requesting this lease. After consideration of all information presented,
motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor
Bass, Councilmen West, Henry and McAlister voting Yea, none voting May that the following resolu-
tion be passed authorizing the Mayor to execute this lease subject to liability insurance being
obtained by West Texas Riders Association, Inc., at no cost to the City. Councilwoman Jordan was
absent at the time of this action.
R 1R C 0T.TTT TlnAT
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 LEASE AGREEMENT between the CITY OF LUBBOCK and the
WEST TEXAS RIDERS ASSOCIATION, INC., a non-prfit organization, organized under the Texas Non --
Profit Corporation Act, attached herewith which shall be spread upon the minutes of this Council
and as spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 10th day of June, 1976.
ATTEST: /s/ Roy Bass
ROY BASS, MAYOR
/s/ Treva Phillips
APPROVED AS TO FORM:
r
a
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
LEASE AGREEMENT
225
AN 10 197.E
i
s
THE STATE OF TEXAS I
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK X
THAT the following agreement is made and entered into this the 10th day of June, 1976, by
the CITY OF LUBBOCK, a Home Rule Municipal Corporation, acting by and through its authorized
agents, and by the WEST TEXAS RIDERS ASSOCIATION, INC., a non-profit organization, acting by and
through its authorized agents:
WITNESSETH:
THAT for and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) to it in hand paid,
the receipt of which is hereby acknowledged and confessed, the CITY OF LUBBOCK does hereby lease
and let to the WEST TEXAS RIDERS ASSOCIATION, INC., a 23.392 acre tract of land located in Section
12, Block A, Lubbock County, Texas described by metes and bounds as follows:
BEGINNING at a 1 inch iron pipe found set in the South line of Block 1, Lubbock State School
Addition and at the most Northern Northwest corner of Tract A, Texas Instruments Addition
for the Northeast corner of this tract, from which the Southeast corner of the said Section
12 bears South 2981.9 feet and South 89°53'30" East 3027.15 feet;
THENCE South 766.8 feet to a 3/8 inch iron rod found at an interior corner of Tract A, Texas
Instruments Addition for the Southeast corner of this tract;
THENCE West, at 100.0 feet past a 3/8 inch iron rod found at the Western Northwest corner
of Tract A, Texas Instruments Addition, in all 1327.0 feet to a 3/8 inch iron rod set for the
Southwest corner of this tract;
THENCE North, 769.3 feet to a 3/8 inch iron rod set in the South line of the said Block 1,
Lubbock State School Addition for the Northwest corner of this tract;
THENCE South 89053'30" East 1327.0 feet to the PLACE OF BEGINNING.
SAID lease will be for a period of ten (10) years, more specifically beginning the day
of June, 1976, and terminating at midnight the day of June, 1986. The Lessee shall have
an option to extend this lease for a period of ten (10) years from midnight of the day
of June, 1986, for such consideration as the parties may then mutually agree upon. After the
fifth year, the lease agreement could be terminated by a one-year written notice by either party.
This lease is made upon the following terms and conditions, namely:
The WEST TEXAS RIDERS ASSOCIATION, INC., shall use the above described property for the
purpose of carrying on its play day activities and for other not -for -profit civic affairs as will
promote horsemanship, sportsmanship and citizenship. It is expressly agreed and understood be-
tween the parties that the land and improvements leased herein, as well as any improvements to be
later constructed are not to be used for commercial or other non -civic purposes.
The WEST TEXAS RIDERS ASSOCIATION, INC. hereby agrees that the land and improvements listed
herein shall remain a public recreational area of the City of Lubbock, and as such that the City
of Lubbock be allowed to schedule activities compatible with its use as a horse riding area when
such use does not conflict with scheduled events to be held by lessee.
This lease shall terminate on the land and improvements leased herein, if this land or improve-
ments or any improvements later built thereon are used for any purpose by lessee than as stated
herein; or is abandoned herein or otherwise abandoned.
The WEST TEXAS RIDERS ASSOCIATION, INC., agrees to obtain written permission from the City
of Lubbock before constructing any improvements on the above described property or before making
any substantial alterations, reconstructions, or other changes to existing improvements. If,
during the period of this contract, the WEST TEXAS RIDERS ASSOCIATION, INC., constructed improve-
ments on said property or remodels or in any way alters existing improvements located thereon,
all such additions and improvements shall become the property of the City of Lubbock upon the
expiration or termination of this contract. However, should the City of Lubbock exercise its
option to terminate this contract by a one-year written notice to the WEST TEXAS RIDERS ASSOCIA-
TION, INC., then at the option of the WEST TEXAS RIDERS ASSOCIATION, INC., the improvements which
could be removed without undue harm to the land may be removed by them.
The WEST TEXAS RIDERS ASSOCIATION, INC., will maintain any and all buildings hereik leased
or later constructed upon said property during the term of this lease. The WEST TEXAS RIDERS
ASSOCIATION, INC., will maintain the grounds herein leased without cost to the City of Lubbock.
The WEST TEXAS RIDERS ASSOCIATION, INC., is organized under the Texas Non -Profit Corporation
Act, hold Charter Number 380019-1.
The WEST TEXAS RIDERS ASSOCIATION, INC. hereby waives forever any cause of action arising
on said property and against the City of Lubbock for injuries or damages, or both, that might
result from any negligence of the City of Lubbock, its agents or employees. It is also expressly
understood and agreed that the WEST TEXAS RIDERS ASSOCIATION, INC. shall maintain in force and
effect at all times during this contract, and shall attach hereto and make a part of this contract,
a general liability insurance policy having a coverage of at least $150,000 (ONE HUNDRED FIFTY
THOUSAND DOLLARS) for any injuries or damages, or both, that might arise on said property in the
course of lessee's use thereof. Said policy shall name the WEST TEXAS RIDERS ASSOCIATION, INC.
as principal insured and shall specifically name the City of Lubbock as being an indemnified in-
sured party having similar policy coverage. The amount of general liability insurance coverage
may be subject to increase at the discretion of the City of Lubbock at the beginning of any re-
newal period of this contract.
THIS LEASE EXECUTED IN DUPLICATE in Lubbock, Texas, this the 10th day of June, 1976.
juN 10 W,6-
APPROVED:
CITY OF LUBBOCK,
TEXAS
BY:/s/ Roy Bass
`r ROY BASS, MAYOR
/s/ John Alford
John Alford, Director of Parks and Recreation
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
City Attorney
WEST TEXAS RIDERS ASSOCIATION, CIN.
(Charter No. 380019-1--A Non -Profit
Organization)
BY /s/ Weldon Garrett, President
76-35-226-422 The City Council considered naming the park site located at 73rd Street and York Avenue. After
(10b) consideration of all information presented, motion was made by Councilman West, seconded by
Councilman McAlister to name this park site the "Sally Hamilton Park." This motion failed to
carry by the following vote: Councilmen West and McAlister voting Yea, Mayor Bass and Councilman
Henry votng Nay. Council discussed with Mr. Huneke the renaming of the Stumpy Hamilton Park to
Stumpy and Sally Hamilton Park. Mr. Huneke stated that the Park Board had not considered that, but
felt they would do so. The Council then instructed the Park and Recreation Board to back with further
recommendations. Councilwoman Jordan was absent at the time of this action.
76-35-226-423 Henry Huneke, Chairman of the Park and Recreation Board, gave a report of the Board Meeting during
(100 which this item was discussed. He stated a petition had been presented containing over 700 signa-
tures requesting that the developed park at lst Street and North Avenue H be named "Aztlan Park."
Jim Bertram, Director of Planning, appeared before the Council stating that the North Avenue
H park site is a part of the Canyon Lakes Project and suggested that the naming of any segment
therein should be based on an overall "policy approach." Gilbert Herrera, representing the
Brown Berets, appeared requesting it be named "Aztlan Park." Hector Gonzales, of the Lubbock
Ministerial Association, appeared requesting that it be named "Aztlan Park." Councilman Henry
stated he felt the naming of the park should be consistent with the pattern in naming other parks.
After consideration of all information presented, motion was made by Councilmen West, seconded
by Councilman McAlister that the park be named "Aztlan Park" as recommended. This motion failed
to carry by the following vote: Councilmen West and McAlister voting Yea, Mayor Bass and Council-
man Henry voting Nay. Councilwoman Jordan was absent at the time of this motion.
Later, after Councilwoman Jordan had returned to the Council Chamber, Item 10c was again considered.
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 that the area of the
park at lst Street and Avenue H be designated "Aztlan Area of Yellowhouse Canyon Lakes."
76--35-226-424 The City Council considered naming the total Canyon Lakes Project Area, including Yellowhouse
(10d) Canyon Park. After consideration of all information presented, motion was made by Councilman
McAlister, seconded by councilman Henry to name the total area "Canyon Lakes Recreational Area."
After further discussion, this motion was withdrawn. Motion was then made by Councilman McAlister,
seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Henry and McAlister
voting Yea, none voting Nay to name this area "Yellowhouse Canyon Lakes." Councilwoman Jordan
was absent at the time of this motion.
76-35-226 -425 Henry Huneke, Chairman of the Park and Recreation Board, made the statement that the Park and
(10e) Recreation Board has approved a list of first priority items for park improvements in the Canyon
Lakes Project. Such improvements include water inlets, bridges, retaining wall, docks, loading
ramps and fishing piers. These improvements are viewed as first priority since they are related
to shoreline and construction must be completed before the water is permanently impounded
in the lakes. Plans for these improvements have been prepared and the question now arises as to
whether work should be done by contractor or by the City itself. The Park and Recreation Board
recommends that the Canyon Lakes Bond Funds be used to employ a ten -man crew for a one-year
period to do this work. This crew would consist of a park maintenance supervisor, a forman and
eight laborers and would cost approximately $65,000. After consideration of all information pre-
sented, motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor
Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to follow the recommenda-
tions of the Park Board and of the Staff and allow them to do this work themselves as set out
above and to pass Ordinance No. 7277 on first reading appropriating $65,000 from Canyon Lakes
Bond Funds for this work. Councilwoman Jordan was absent at the time of this motion.
ORDINANCE NO. 7277
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate cer-
tain 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
Fund
32,500.00 HUD Funds
The sum $ 32,500.00 City Bond Funds
$65,000.00 TOTAL
rt
22'7
JUN 10 +11i6
For the following purpose: Payroll expenses for park personnel working on park improvement pro-
jects in the Canyon Lakes Project.
76-35-227-426 The City Council considered selection of a permanent recognition plaque for the Canyon Lakes
(10f) Project. Jim Bertram, Director of Planning, presented a drawing of the plaque recommended by
the Park and Recreation Board. After consideration of all information presented, motion was
made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen
West, Henry and McAlister voting Yea, none voting Nay to adopt the permanent recognition plaque
as shown, giving credit to participating agencies. Councilwoman Jordan was absent at the time
of this motion.
76-35-277-427 The City Council considered a policy regarding donations for plant materials for the Canyon Lakes
(log) Project. After consideration of all information presented, motion was made by Councilman West,
seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Henry and McAlister
voting Yea, none voting Nay to follow the recommendations of the Park and Recreation Board to
provide a small recognition plaque in honor of persons donating $1,000 or more in cash, in -kind
service, or plant material for the Canyon Lakes Project. Councilwoman Jordan was absent at the
time of this motion.
76-35-277-428 Henry Huneke, Chairman of the Park and Recreation Board, made the following statement regarding
(10h) the revised Canyon Lakes Project budget: "The latest lakes' project budget provided $2,145,764
for a water supply system. Bids were opened and a contract was awarded last month for $1,632,148.45.
wWith engineering fees plus total cost for two water tanks that have been previously built, the
total cost of our water system will be $2,001,685.30. This leaves a savings of $144,078.70. The
Park Board recommends that $78,000 of this money be used to acquire three low priority parcels and
the balance be put back into the Park Improvement Budget for the project." After consideration
of all information presented, motion was made by Councilman West, seconded by Councilman Henry,
motion carried, Mayor Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to
follow the recommendations of the Park Board and approve the revised Canyon Lakes Budget,
putting $78,000 back into land acquisition. Councilwoman Jordan was absent at the time of this
motion.
Maps of parcels to be acquired are set in on opposite page_
76-35-227-429 Bill Griggs, Chairman of the Lubbock County Historical Committee, appeared before the City
(10i) Council and showed slides of the Yellowhouse Canyon Lakes area depicting its history. Motion
was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Council-
men West, Jordan, Henry and McAlister voting Yea, none voting Nay to endorse this concept and
ask the Parks Department to work with Mr. Griggs and the Lubbock County Historical Committee with
the understanding no City funds are being committed.
�76-35-227-430 The City Council considered an ordinance abandoning and closing a portion of Boston Avenue near
(47) the intersection at Auburn Street. After consideration of all information presented, motion
was wade by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass,
Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No.
7278 on first reading, and to instruct the Staff to find out the cost of additional right-of-way
to realign this intersection on a better route.
ORDINANCE NO. 7278
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREETS: A PORTION OF BOSTON
AVENUE IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY
OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK
TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN PORTION OF STREET; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
�76-35-227-431 The City Council considered an ordinance authorizing the Mayor to sign an Agreement with the High-
(27) way Department for signalization at the following locations:
a. Loop 289 Service Road and South University Avenue
b. Loop 289 Service Road and South Indiana Avenue
c. Loop 289 Service Road and Slide Road.
After consideration of all information presented, motion was made by Councilman Henry, seconded
by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister
voting Yea, none voting Nay to approve the signalization of these intersections, but authorize
the Mayor to write a letter to the Highway Department requesting actuated signal control equip-
ment and controllers which are compatible with all other signal systems in Lubbock. Mayor Bass
asked Bill McDaniel, Director of Traffic, to rough draft a letter to the Texas Highway Department
making this request.
6-35-227-432 The City Council considered a Five Year Capital Improvements Program. After discussion concerning
(49) activating a Citizens' Advisory Committee, 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 that the Staff be instructed to look toward reactivating the Citizens'
Advisory Committee as set out in a Resolution dated July 27, 1972, and to place on the agenda
for the next Council meeting, the appointment of members to that Committee.
76-35-227-433 J. Q. Waraick appeared before the City Council on behalf of the Williams Home Owners Association
(11) requesting cul-de-sac or barriers on 62nd or 61st Streets. Jim Bertram, Director of Planning,
presented a map of the area, depicting the volume of traffic around the South Plains Mall and the
Crossroads Shopping Center being developed by Reuel Nash. Mr. Bertram stated it was his opinion
that the construction of traffic barriers was not the answer to the problem. Bill McDaniel,
Director of Traffic, also appeared stating he agreed with Mr. Bertram that the traffic count at
this time does not indicate the need for such a barrier. Floyd Robertson of 4702 61st Street,
appeared favoring traffic barriers or cul-de-sacs. Reuel Nash, developer of Crossroads Shopping
22
JUN 10 197&
Center, appeared stating he had no objection to abutment on 61st Street and 62nd Street at Quaker
Avenue, but was not in favor of a barrier that would cut off access to the Shopping Center. Loyd
Watts, 4411 62nd Street, appeared in favor of some kind of barrier. Councilwoman Jordan asked
Mr. Watts if stop signs had slowed down the traffic in the area, and he replied that they had not,
the problem was traffic coming out of the Mall. Mayor Bass pointed out that Fire Chief Tom Foster
always opposed such barriers of cul-de-sacs because they created problems for moving of fire
trucks. Pat Melton appeared representing owners along 62nd Street and in the Avolon Addition.
He stated that no problem now exists, stating he felt it would be setting a precedent to erect
traffic barriers at this time. 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 votting Yea, none voting Nay to refer this matter back to the
Planning Department with input from Traffic Engineering and report back to the City Council with-
in a month.
At 11:35 A.M., Mayor Bass announced that the City Council would hold an Executive Session immediate-
ly after City Council Meeting for the purpose of considering land acquisition, in accordance with
Section 2F, Article 6252-17, V.A.T.S.
NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular
Meeting held June 10, 1976. K
A
ATTEST: ROY B_SS, MAYOR
Treva Phillips, Ci Secretary -Treasurer
READ AND APPROVED THIS THE 24th day of June, 1976.
ATTEST: ROY BA , MAYOR
Treva Phillips, City Acretary-Treasurer