HomeMy WebLinkAboutMinutes - City Council - Regular - 10/14/1976389
OCT 14 1976
REGULAR CITY COUNCIL MEETING OCTOBER 14, 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 Larry Cunningham, Assistant City Attorney Ken Jones,
and City Secretary -Treasurer Treva Phillips.
Absent: Fred 0. Senter, Jr., City Attorney
76-35-389-831 The invocation was given by Tom Foster, Fire Chief.
(1)
76-35-389-832 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber.
(2)
76-35-389-833 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor
(3) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve
City Council Minutes - Regular Meeting held September 23, 1976, and Special Meeting held
September 28, 1976.
76-35-389-834 Mrs. Carl Turner appeared before the City Council and discussed the passage of an ordinance
(7) regarding pornography. Morris Sheats, Pastor of Trinity Church, also appeared. After considera-
tion 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 pass Ordinance No. 7342 on first reading.
ORDINANCE NO. 7342
AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, BY ADDING
THERETO A NEW ARTICLE IV ENTITLED "DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO MINORS", PROHIBIT-
ING THE DISPLAY OF SUCH MATERIAL TO MINORS; DEFINING SEXUALLY EXPLICIT MATERIAL; DEFINING THE
TERM DISPLAY; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
76-35-389-835 Wayne Hollinshead, a representative of the Citizen's advisory Committee, appeared before the
(8) City Council and presented the CAC's recommendations regarding the City's five year capital im-
provement needs. After consideration of all information presented, it was the consensus of the
City Council that a work session be scheduled with the CAC Executive Committee on Wednesday,
October 20, at 10:30 A.M. to discuss their recommendations on capital improvements needs for the
City of Lubbock.
76-35-389-836
(9a)
At this point Mayor Bass announced that an Executive Session would be held after lunch to
discuss the acquisition of property in accordance with Section 2F, Article 6252-17 V.A.T.S.
Carl Cannon, Chairman of the Lubbock Public Transit Advisory Board, appeared before the City I
Council and presented a proposed bus fare structure. After consideration of all information
presented, it was the consensus of the City Council to defer this item until the next City Council.
Meeting.
76-35-389-837 Carl Cannon, Chairman of the Lubbock Public Transit Advisory Board, appeared before the City
(9b) Council and presented a proposed marketing program contract. After consideration of all in-
formation presented motion was made by Councilman West, seconded by Councilman McAlister,
motion carried, Mayor Bass, Councilmen West, Henry and McAlister voting Yea, Councilwoman
Jordan voting Nay to approve the following Citibus Advertising Agreement.
CITIBUS ADVERTISING AGREEMENT
THE STATE OF TEXAS I
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK I
THIS AGREEMENT entered into between the CITY OF LUBBOCK hereinafter called CITY and
PHIL PRICE ADVERTISING hereinafter called AGENCY, Witnesseth:
WHEREAS, the City of Lubbock has determined that it would be in the best interest of the
citizens of Lubbock to inform them of the new buses to be added to the mass transit system with-
in the City of Lubbock and to encourage the citizens to avail themselves of the services available
on this transit system.
I.
NOW THEREFORE, the CITY does hereby engage the services of the AGENCY to design and im-
plement an advertising campaign covering the new Citibus mass transit system within the City
of Lubbock upon the following terms and conditions.
II.
The AGENCY shall commence its advertising campaign on approximately November 29, 1976
or whenever directed by the City of Lubbock, with such campaign consisting of an initial cam-
paign and a carryover campaign continuing throughout the year until approximately September 30,
1977.
The compensation to be paid by the CITY to the AGENCY shall not exceed the sum of $41,000'.00.
:39Q
OCT 14 1976
Payment shall be made by the CITY to the AGENCY upon statements submitted to the CITY monthly
by the AGENCY listing in detail the expenditures on such campaign for the preceeding month.
IV .
The services to be rendered by the AGENCY shall include those shown on the Citibus budget
attached hereto and made a part hereof.
V.
The AGENCY shall be considered an independent contractor and shall be responsible for any
contracts it enters into for advertising services or equipment. The AGENCY shall hold the
CITY harmless from the acts of its principals, employees or agents.
VI.
This AGREEMENT may be terminated by the CITY upon notice to the AGENCY that the terms of
this agreement have not been met and that the AGENCY has failed to perform as agreed.
EXECUTED this the 14th day of October, 1976.
Phil Price Advertising
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
76-35-390-838 Carl Cannon, Chairman of the Lubbock Public Transit Advisory Board, appeared before the City
(90 Council and presented a resolution authorizing the Mayor to execute City's consent to Transit
Agreement between Lubbock Transit and Texas Tech. Bill McDaniel, Director of Traffic, also
appeared in regard to this item. After consideration of all information presented, motion
was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, Council-
men West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution
be passed.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute
the City of Lubbock's Agreement to Transit Service Contract between Lubbock Transit Division of
American Transit Corporation and Texas Tech University, attached herewith which shall be
spread upon the minutes of the Council and as spread upon the Minutes of this Council shall
consitutute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 14th day of October, 1976.
ATTEST:
/s/ Treva Philli s
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
AGREEMENT
/s/ RoX Bass
ROY BASS, MAYOR
This agreement, made and entered into this 14th day of October, 1976, by and between LUBBOCK
TRANSIT CORP. (hereinafter referred to as the "Company"), and THE BOARD OF REGENTS OF TEXAS
TECH UNIVERSITY at Lubbock, Texas (hereinafter referred to as the "University").
W I T N E S S E T H:
WHEREAS, the parties hereto are aware of the traffic and parking problems on the campus of
the University as it relates to the expanding campus and the increasing number of students,
staff, and faculty of the University; and
WHEREAS, the above -named parties are desirous of relieving some of the traffic congestion and
expediting transit between areas in and immediately adjacent to said University campus; and
WHEREAS, this Agreement embodies the intention and resolution of the abovenamed parties;
NOW, THEREFORE, WITNESSETH THIS AGREEMENT:
I.
Term
It is agreed and understood by and between the parties hereto that a University bus service
3�
OCT 14 i
utilizing approximately eight (8) buses will be provided by Company during a period beginning
with August 30, 1976, and terminating on August 20, 1977, provided, however, that either
Company or University may terminate said bus service upon Thirty (30) days written notice de-
lievered to the other by registered mail.
II.
Bus Operations
With respect to bus operations, Company and University agree that the following conditions
shall apply:
A. Company will furnish buses having a seating capacity (Manufacture rated) of not less
than 33 with driver operated front and side doors. It is agreed that certain seats
may be removed from said buses to facilitate the on and off necessary to accommodate
�I the high volume of passenger turnover; except that all buses will provide seats for
C not less than 26 passengers. The Company will provide the necessary personnel to
!I service the route or routes designated by the University during the period specified
R in the proceding Paragraph I of this Agreement. The number of buses and the operating
periods will be subject to continuous review, and the University will. advise Company
with regard to its needs and with respect to any changes in the number of buses and/or
operating periods; subject to equipment availability, said changes shall be instituted
by Company within five (5) days after receipt of written notice from University.
Initial service commencing on August 30, 1976, shall be on a schedule provided by the
University prior to that date.
B. In the event that it develops during any portion of the period first specified in
Paragraph I hereinabove, that a change in or extension of a route, or a new route, is
necessary or desirable, Company shall make such change or extensions of a route or
routes, or add a new route, upon University's request. The charges to be made by
Company therefor shall be upon the basis, and shall be subject to the conditions and
limitations, as are set forth in Subparagraph E of this Paragraph hereinbelow. Also
in the event it develops during said period that an additional bus or buses are required
in order to meet the demand for said bus service during any operating period or periods,
Company, if it is able to provide same, at the University's written request, shall
provide such additional bus or buses for said service during said operating period
or periods upon thesame basis, as is set forth hereinabove. University shall have
the right to terminate any such changes, extensions, or new routes upon five (5) days'
written notice to the Company.
C. Buses shall stop to receive or discharge the passengers entitled to use, and using,
bus service at such points as shall be agreed upon from time to time during said period,
between Company and University, and University will identify the points at which
stops will be made by said buses. Acceptable markers will be provided by the Company.
D. Company will exercise due diligence to adhere to the time schedules hereinabove referred
to, but minor deviations therefrom due to variations in traffic, weather or load con-
ditions shall not be deemed to be a default hereunder.
E. Company shall not collect fares from its passengers, but shall charge University for
providing said bus service the sum of nine dollars and eighty cexits ($9.80) per hour
for each bus used in said service. Company shall submit an invoice at the end of
each month showing the amount due for service provided. Contemporaneously therewith,
Company will present University with a billing at the close of operations on the last
day of each month, such bills to be paid as promptly as possible in the usual course
of University business. The Company will provide income and expense statement at the
end of contract period. The total of this contract shall not exceed $113,000.
III.
Supplemental Bus Service
In addition to the scheduled bus service over specified routes as provided for in paragraph
II hereinabove, Company shall furnish such other supplemental service, if equipment is available,
for the transportation of special groups as may be designated by University. Such supplemental
service shall be furnished by Company at any time during the hours from 7:00 a.m. to 11:30 p.m.,
upon receipt of three (3) days' written notice from university. Company will charge University
for providing said supplemental service the sum of nine dollars and ei4hty cents_ ($9.80) per
hour, for a minimum of three hours, for each bus used in said service. Billing periods and
reports of operation shall be submitted in accordance with the provisions of Subparagraph E
of Paragraph II hereinabove, and subject to Paragraph II, Subparagraphs A and B.
IV.
Publicity
University will undertake and conduct a program designed to publicize the existence of said
bus service and to acquaint its staff members and students with the availability of the same
during the period in which it is provided in accordance with and under this Agreement. The
Company will provide appropriate time tables for convenience of students.
V.
Service Provided
A. Company will provide and use at all times buses that are in good and safe mechanical
condition, and are also in reasonably clean condition, and will also provide competent and duly
licensed drivers by whom said buses shall be driven, and Company will assum full and complete
responsibility for the condition of said buses and the qualifications and competence of their
drivers, at all times, and university assumes no obligations whatsoever for either of the same.
14 1976
B. Said bus service to be provided hereunder during said period shall not be open to use,
or to be used, by the general public, but the use thereof shall be limited exclusively to Univer-
sity staff members, students, and such persons as may be designated by University as "Authorized
Passengers"; provided, however, that nothing herein shall be construed to prohibit the use
by the Company of such buses for purposes other than as set forth herein, when such buses are
not needed by Company to carry out the terms hereof.
VI.
Independent Contractor Relationship
In providing and furnishing said bus service during the term hereof, Company shall act solely
in the capacity of and as an independent contractor, and not as agent or employee of Univer-
sity, and University shall have no control over Company's operations in connection with pro-
viding said service except as hereinabove provided and University shall have no control or
supervision whatever over the drivers of the buses used in said service who shall be employed
by Company. Said drivers shall constitute Company's employees only, shall not constitute
agents or employees of University, and shall be subject solely to Company's supervision and
control.
VII.
Insurance and Risk
A. It is recognized by the parties hereto that Company and the City of Lubbock, Texas
have entered into an agreement for the purpose of Company providing transportation services in
and around the City of Lubbock, including to the University. That under said agreement the
City carries and keeps in force an insurance policy insuring both City and Company against
liability for personal injury or property damages arising out of the operation of said bus
services and that the services provided herein are also conducted pursuant to the agreement
between the City of Lubbock and Company. At all times during which Company shall provide the
bus services mentioned herein and upon the above and foregoing terms and conditions University
shall be protected under City's insurance coverage against liability and personal injuries
or personal damages arising out of the operation of said bus service to the extent of at least
$100,000 for personal injury to any one person, $300,000 for each occurrence and $50,000 for
property damages sustained in any accident or occurrence arising out of the operation of said
bus service and the University shall be furnished a certificate of City's insurer showing cover-
age to be at least in the sums just stated. Said insurance policy shall name and include "the
Board of Regents of Texas Tech University" as named insured. Said policy or policies shall,
upon request, be subject to the examination and approval of University.
B. Company, as a named insured under City's insurance coverage, assumes to the extent
of the insurance coverage maintained by the City, the risk of and University shall not be liable
for damage to any and all buses or other Company property used in the bus service operation
regardless of the cause thereof. To the extent of the proceeds of such insurance, the university
shall be reimbursed for any damage or injury to University property arising out of or resulting
from the said bus service operation except that no such reimbursement shall be made for 1)
damage to pavement by normal operation of buses, or 2) any damage or injury caused by acts or
omissions over which Company, its employees, or agents had no control.
VIII.
Maintenance
Company agrees to maintain and operate said bus service and the buses used in pro-Vding the same
in a safe, efficient and lawful manner and, in so doing, shall fully comply with all applicable
statutes, municipal ordinances, and traffic rules and regulations promulgated by the University.
IX.
Miscellaneous
A. It is further agreed that this Agreement is made solely for the benefit of University
and Company, that it is not made for the benefit of any third person, whether a staff member
or student of University, or otherwise, and that no action or defense may be founded upon this
Agreement except by the parties signatory hereto.
B. In no event shall the Company be deemed to be in default of any provision of this
Agreement for failure to perform where such failure is due solely to strikes, walkouts, civil
insurrections or disorders, acts of God, or for any other cause or cause wholly beyond the
control of the Company. In such eventuality the University shall have the right to procure
appropriate transportation service from others during the period. If, for any reason beyond
the control of the University, including but not limited to epidemics, student strikes or dis-
orders, or severe weather conditions, the University may, upon twelve (12) hours notice to the
Company, request the temporary suspension of bus service until the resumption of normal class
schedules, in which event the Company will not furnish buses or be paid for services until the
resumption of service. The University shall, in such cases, notify the Company twelve (12)
hours in advance of the time service is to be resumed.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their
respective names and behalf by their duly authorized officers and agents and their respective
seals to be hereunto affixed, all as of the 14th day of October, A.D. 1976.
THE BOARD OF REGENTS OF
TEXAS TECH UNIVERSITY
Clint Formby, Chairman
ATTEST:
Freda Pierce, Secretary
LUBBOCK TRANSIT DIVISION OF
AMERICAN TRANSIT CORP.
/s/ D.A. Richter
D.A. Richter, President
ATTEST:
/s/ Hugh C. Ashby
Hugh C. Ashby, Secretary
F1 i
33
OCT 14 197E
ACKNOWLEDGED AND AGREED TO:
CITY OF LUBBOCK
/s/ Roy Bass _
ROY BASS, MAYOR
76-35-393-839 Norton Baker appeared before the City Council requesting a public hearing for the purpose of
(10) annexing property south of 82nd Street and east of University Avenue. Mr. Baker presented a
map showing the proposed annexation. Harry Hamilton also appeared in regard to this item.
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 Mc-
Alister voting Yea, none voting Nay to hold a Public Hearing on October 28, at 1:30 P.M. for
the purpose of annexing this property.
76-35-393-840 Robert Battey appeared before the City Council requesting waiver of the ordinance regarding
(11) fireworks display so that fireworks may be used during the National Anthem at Tech's next home
game, October 23. Tom Foster, Fire Chief, appeared in regard to this item. After consideration
of all information presented, motion was made by Councilman McAlister, seconded by Councilman
Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none
voting Nay to deny this request.
76-35-393-841 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor
(12) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance
No. 7339 on second and final reading.
ORDINANCE NO. 7339
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: AIRPORT
CAPITAL PROJECT FUND
The sum $494,553.00
For the following purpose: Division #1 - ADAP PROJECT NO. 8-48-0138-08
Overlay of Runway 17R/35L
City Share - $494,553.00
FAA Share - $4,450,979.00
76-35-393-842 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor
(13) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi-
nance No. 7331 on second and final reading.
ORDINANCE NO. 7331
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. 2096: CHANGE LOT 2, BLOCK 22, SUBURBAN
HOMES ADDITION, CITY OF LUBBOCK,LUBBOCK COUNTY, TEXAS, FROM R-3 TO C-4 ZONING DISTRICT; PRO-
VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
76-35-393-843 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor
(14) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance
No. 7332 on second and final reading.
ORDINANCE NO. 7332
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. 2097: CHANGE LOTS 1, 2, AND 3, BLOCK 2,
AND LOT 8, BLOCK 3, ACUFF HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1
TO C-4 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
76-35-393-844 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor
(15) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance
No. 7333 on second and final reading.
ORDINANCE NO. 7333
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. 1542-B; CHANGE A TRACT OF LAND
OUT OF SECTION 10, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2 TO C-3 ZONING
DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
76-35-393-845 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor
(16) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting to pass Ordinance
No. 7334 on second and final reading.
ORDINANCE NO. 7334
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. 2090-A: CHANGE LOTS 26, 27, and 28, BLOCK
1, GREEN ACRES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO R-1 ZONING DISTRICT:
PROVIDING A -SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
OCT 14 1976
76-35-394-846 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor
(17) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance
No. 7335 on second and final reading.
ORDINANCE NO. 7335
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. 1585-E; CHANGE LOTS 19 AND 20,
WACASEY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-2 TO AM ZONING DISTRICT;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
76-35-394-847 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried,
(18) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting to pass
Ordinance No. 7336 on second and final reading.
ORDINANCE NO. 7336
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 4558 OF THE CITY OF LUBBOCK BY AMENDING THE
CONDITION MADE A PART THEREOF BY PROVIDING FOR A DAY NURSERY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
76-35-394-848 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor
(19) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance
No. 7337 on second and final reading.
ORDINANCE NO. 7337
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED
"SUBDIVISIONS", BY AMENDING SUB -SECTION (2) OF SUB -SECTION A OF SECTION 29-3 THEREOF PROVIDING
FOR COPIES OF PRELIMINARY PLATS AND THE PROCESSING FEE; AMENDING SUB -SECTION (2) OF SUB -SECTION
B OF SECTION 29-3 THEREOF PROVIDING FOR COPIES OF FINAL PLATS; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
76-35-394-849 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor
(20) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi-
nance No. 7341 on second reading.
G.W.O. 10,922
ORDINANCE NO. 7341
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING
A PORTION OF THE FOLLOWING EAST -WEST AND NORTH -SOUTH ALLEYS LOCATED IN THE FOLLOWING BLOCKS
AND ADDITIONS: THE EAST -WEST ALLEY ABUTTING LOTS 1 THRU 12, BLOCK 14, WESTGATE DRIVE ADDITION
INSTALLMENTS NO. 5 AND 6: THE SOUTH SIDE OF THE EAST -WEST ALLEY ABUTTING THE WEST 582 FEET OF
LOT 534 KUKENDALL HEIGHTS ADDITION: THE EAST -WEST ALLEY ABUTTING LOTS 11 THRU 16,
BLOCK 4, WESTHAVEN ADDITION, AND THE NORTH, AND THE NORTH 100.00 FEET OF THE WEST 150.00 FEET
OF TRACT 1, BLOCK A, SECTION 20, WESTHAVEN ADDITION; THE NORTH -SOUTH AND EAST -WEST ALLEY AUBTTING
LOTS 429 THRU 443, FARRAR ESTATES ADDITION; THE NORTH -SOUTH ALLEY ABUTTING LOTS 1 THRU 20,
BLOCK 38, ORIGINAL TOWN ADDITION AND INCLUDING A PORTION OF THE FOLLOWING STREETS: 79TH STREET,
EAST 1/2 OF ELGIN AVENUE, ENGLEWOOD AVENUE, 48TH STREET, LOCUST AVENUE, UNIVERSITY AVENUE, AND
82ND STREET, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE
CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS,
HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF
SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE
CERTIFICATIONS IN EVIDENCE THEREOF, ALLOCATING FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR
ASSESSMENTS DELETED BY CITY COUNCIL.)
76-35-394-850 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor
(21) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi-
nance No. 7340 on second and final reading.
f) 7340 j}mena5
ORDINANCE NO. 7340
AN ORDINANCE AMENDING ORDINANCE NO. 7310 OF THE CITY OF LUBBOCK, WHICH ANNEXED PROPERTY
ADJACENT TO THE CITY OF LUBBOCK, BY CORRECTING SAID ORDINANCE TO CORRECTLY REFLECT THE INTENT
OF THE CITY COUNCIL; PROVIDING FOR CORRECTION OF CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
76-35-394-851 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor
(22) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi-
nance No. 7338 on second and final reading.
ORDINANCE NO. 7338
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREETS AND ALLEYS; A POR-
TION OF EAST MAIN STREET: A PORTION OF ALLEY IN BLOCK 1, RHYNE SIMPSON ADDITION; A PORTION OF
STREET KNOWN AS EAST MAIN PLACE; A PORTION OF ALLEY IN BLOCK 2, RHYNE SIMPSON ADDITION; A POR-
TION OF STREET KNOWN AS EAST BROADWAY AND A PORTION OF NUTMEG AVENUE; ALL OF SAID PORTIONS OF
STREETS AND ALLEYS BEING LOCATED IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTI-
CULARLY 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
STREETS AND ALLEYS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
76-35-394-852 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor
(23) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow-
ing resolution be passed.
395
OCT 14 197E
2
r
1!15DUINS finkiel\i
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 Quit Claim Deed in favor of the Urban Renewal Agency
of the City of Lubbock, Texas,a body politic and corporate, 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 14th day of October, 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
THE STATE OF TEXAS I
COUNTY OF LUBBOCK I
/s/ Roy Bass
ROY BASS, MAYOR
QUITCLAIM DEED
KNOW ALL MEN BY THESE PRESENTS:
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 the Urban Renewal Agency of the City of
Lubbock, Texas, a body politic and corporate, hereinafter called "Grantee", the receipt of
which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE, AND
FOREVER QUIT CLAIM 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:
TRACT 1
Metes and Bounds description for an 0.4 acre tract of land currently dedicated as East
Main Street Right -of -Way being more particularly described as follows:
BEGINNING at the Northeast corner of Lot 1, Block 1, Rhyne Simpson Addition to the
City of Lubbock, Lubbock County, Texas, said point being the intersection of the West
Right -of -Way line of Nutmeg Avenue and the South Right -of -Way line of East Main Street;
THENCE West along the South Right -of -Way line of East Main Street a distance of 440 feet;
THENCE North a distance of 40.9 feet to a point in the North Right -of -Way line of East
Main Street;
THENCE East along the North Right -of -Way line of East Main Street a distance of 440 feet;
THENCE South 40.9 feet to the POINT OF BEGINNING.
TRACT 2
Metes and bounds description for an 0.15 acre tract of land currently dedicated as alley
Right -of -Way being more particularly described as follows:
BEGINNING at the Southeast corner of Lot 1, Block 1, Rhyne Simpson Addition to the City
of Lubbock, Lubbock County, Texas, said point being the intersection of the West Right -of
Way line of Nutmeg Avenue and the North Right -of -Way line of this alley;
THENCE West along the North Right -of -Way line of this alley, said line also being the
South lot lines of Lots 1 through 9, Block 1 above, a distance of 440 feet;
THENCE South 15 feet to a point being the Northwest corner of Lot 10, Block 1 above, said
point also being in the South Right -of -Way line of this alley;
THENCE East along the South Right -of -Way line of this alley, said line also being the
North lot lines of Lots 10 through 18, Block 1 above, a distance of 440 feet to a point
in the West Right -of -Way line of Nutmeg Avenue;
THENCE North 15 feet along the West Right -of -Way line of Nutmeg Avenue to the POINT OF
BEGINNING.
TRACT 3
Metes and bounds description of an 0.4 acre tract of land currently dedicated as East
Main Place Right -of -Way being more particularly described as follows:
BEGINNING at the Southeast corner of Lot 18, Block 1, Rhyne Simpson Addition to the City
of Lubbock, Lubbock County, Texas, said point being the intersection of the West Right -
of -Way line of Nutmeg Avenue and North Right -of -Way line of East Main Place.
)CT 14 1976
THENCE West along the North Right -of -Way line of East Main Place a distance of 440 feet;
THENCE South a distance of 40 feet to a point being the Northwest corner of Lot 8, Block
2, Rhyne Simpson Addition to the City of Lubbock, Lubbock County, Texas, said point being
in the South Right -of -Way line of East Main Place;
THENCE East along the South Right -of -Way line of East Main Place a distance of 440 feet
to a point in the West Right -of -Way line of Nutmeg Avenue;
THENCE North 40 feet along the West Right -of -Way line of Nutmeg Avenue a distance of 40
feet to the POINT OF BEGINNING.
TRACT 4
Metes and bounds description of an 0.15 acre tract of land currently dedicated as alley
Right -of -Way being more particularly as follows:
BEGINNING at the Southeast corner of Lot 1, Block 2, Rhyne Simpson Addition to the City
of Lubbock, Lubbock County, Texas, said point being the intersection of the West Right -of -
Way line of Nutmeg Avenue and the North Right -of -Way line of this alley;
THENCE West along the North Right -of -Way line of this alley, said line also being the South
lot line of Lots 1 through 8, Block 2 above, a distance of 440 feet;
THENCE South 15 feet to a point being the Northwest corner of Lot 9, Block 2 above, said
point also being in the South Right -of --Way line of this alley;
THENCE East along the South Right -of -Way line of this alley, said line also being the
North lot lines of Lots 9 through 15, Block 2 above, a distance of 441 feet to the point
in the West Right -of -Way line of Nutmeg Avenue;
THENCE Northerly along the West Right -of -Way line of Nutmeg Avenue a distance of 15 feet
to the POINT OF BEGINNING.
TRACT 5
Metes and bounds description for an 0.187 acre tract of land currently dedicated as
East Broadway Right -of -Way being more particularly described as follows:
BEGINNING at the Southeast corner of Lot 15, Block 2, Rhyne Simpson Addition to the City
of Lubbock, Lubbock County, Texas said point being the West Right -of -Way of Nutmeg Avenue;
THENCE West along the South lines of Lots 15 through 9, of Block 2 above, a distance of
441 feet;
THENCE South distance of 18.5 feet to a point;
THENCE East a distance of 441 feet, to a point in the West Right -of -Way line of Nutmeg
Avenue;
THENCE North along the West Right -of -Way line of Nutmeg Avenue a distance of 18.5 feet to
the PLACE OF BEGINNING.
TRACT 6
Metes and bounds description of a portion of Nutmeg Avenue described more particularly
as follows:
BEGINNING at the Southeast corner of Lot 15, Block 2, Rhyne Simpson Addition;
THENCE South 18.5 feet;
THENCE East 19.25 feet to a point in the center line of Nutmeg Avenue;
THENCE North along the center line of Nutmeg Avenue a distance of 509.4 feet to a point
in the North Right -of -Way line of East Main Street;
THENCE West along the North Right -of -Way line of East Main Street a distance of 20.25 feet; ,
THENCE South along the West Right -of -Way line of Nutmeg Avenue a distance of 388.4 feet 4
to the Southeast corner of Lot 1, Block 2, Rhyne Simpson Addition;
THENCE continuing Southeasterly along said West Right -of -Way line a distance of 15.03
feet to the Northeast corner of Lot 15, Block 2, Rhyne Simpson Addition;
THENCE continuing South along said West Right -of -Way line a distance of 87.5 feet to
the POINT 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
assigns 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 14th day of October, 1976.
ATTEST: /s/ Roy Bass
/s/ Treva Phillips ROY BASS, MAYOR
Treva Phillips, City Secretary -Treasurer
397
OCT 14 197
s
s
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
76-35-397-853 NOTICE OF
(24) PUBLIC HEARING x `
COMMUNITY DEVELOPMENT
PROGRAM
On October 14, 1976, at 11:00 a.m. in the Council Chamber of the Municipal Building, the City
Council of the City of Lubbock will hold a public hearing in regard to a proposed amendment of
the Community Development Program authorized by Title I of the Housing and Community Develop-
ment Act of 1974. Citizens are invited to attend to express their views concerning the follow-
ing proposed change to the list of projects approved for the 1975 Community Development
Program:
Allocation of $4,845.00 for purchase of two Neighborhood Development Program parcels from
Urban Renewal Agency. Parcels are located on the north side of Cornell Street between North
Avenue S and Avenue Q North Drive.
In accordance with the above Notice of Public Hearing, hearing was held on proposed expenditure
of lst Year Community Development Funds for the purchase of two parcels for Canyon Lakes
Park. Mayor Bass called for all interested persons to appear. Jim Bertram, Director of
Planning, presented a map showing the two parcels to be acquired. No one else came forward;
whereupon, Mayor Bass announced that the hearing was closed.
76-35-397-854 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor
(25) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow-
ing resolution be passed authorizing the Mayor to execute a land disposition contract by and
between the Urban Renewal Agency and the City of Lubbock for the purchase of two parcels for
the Canyon Lakes Park; and that Urban Renewal is to provide a title policy or attorney's opin-
ion as to the title.
PV..SnT.1TTTnN
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
a CONTRACT OF SALE between the City of Lubbock and the Urban Renewal Agency of the City of
Lubbock, for Disposition Parcels 6C-1-1 and 6C-18-1, Neighborhood Development Program, 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 14th day of October, 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
Co2y of Contract set in on 0220site pae.
/s/ Roy Bass
ROY BASS, MAYOR
76-35-397-855 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor
(26) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following
resolution be passed.
Rx:GnT.TTTTnN
A RESOLUTION AUTHORIZING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
WHEREAS, Title I of the Housing and Community Development Act of 1974 specifies the condi-
tions under which a recipient of Community Development Block Grant Funds may amend its application
for funds; and
WHEREAS, the City of Lubbock finds it necessary to amend its application for Block Grant Funds
in order to undertake a project which was not included in the City's approved Community Development
Program Application; NOW THEREFORE:
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 to execute for and on
behalf of the City of Lubbock an amendment to the Community Development Block Grant Program approved
by the Department of Housing and Urban Development (HUD) on May 23, 1975;
THAT, such amendment shall consist of the addition to the approved Community Development
Program of the following project:
The expenditure of first year Community Development funds for the purchase of two parcels for
Canyon Lakes Park.
OCT 14 1976
THAT, such amendment shall also consist of the deletion from the approved Community
Development Program of the following project: NONE
THAT, in relation to the amendment to the application, the City of Lubbock hereby reaffirms
its assurance of compliance with all regulations as contemned in the original application for
Block Grant Funds approved by HUD on May 23, 1975. 1
Passed'by the City Council this 14th day of October, 1976.
/s/Roy Bass
ATTEST: 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
76-35-398-856 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor
(27) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize
the purchase of traffic signal equipment from Automatic Signal Company for 19th Street and
University Avenue modification, with the money to come from upcoming Revenue Sharing Funds; and
for Slide Road Signal System at 57th, 60th and 62nd Streets.
76-35-398-857 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor
(28) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi-
nance No. 7343 on first reading.
ORDINANCE NO. 7343
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: TRAFFIC
SIGNAL BOND FUND
The sum $10,000.00
For the following purpose: Shielded interconnect signal cable.
76-35-398-858 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried,
(29) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the
following resolution be passed.
RFgnT.TT PTnM
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
a Lease Agreement with H. A. Sessions and Roy M. Johnson for the purpose of constructing a
paved or asphalt parking lot, 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 14th day of October, 1976.
ATTEST: /s/ Roy Bass
ROY BASS, MAYOR
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
4
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
LEASE AGREEMENT
STATE OF TEXAS I
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK I
THIS AGREEMENT entered into this day between H.A. SESSIONS and ROY M. JOHNSON hereinafter
called Lessors and the CITY OF LUBBOCK hereinafter called Lessee witnesseth:
I.
The Lessors do hereby lease unto the Lessee certain tracts and parcels of land situated
in Blocks 1 and 2 of Canyon View Addition to the City of Lubbock, Lubbock County, Texas, with
such parcels more particularly described on Exhibit "A" attached hereto and made a part hereof.
399a
76-35-398-858
(29)
r
TRACT A
Beginning at a point 6U f-et north and 107.35 feet west of the northeast corner
of Block 2, Canyon View Addition to the City of Lubbock, Lubbock County, Texas;
• Thence north 37.5 feet;
Thence west 55.5 feet;
Thence south 37.5 feet;
Thence east 55.5 feet to the point of beginning.
'TRACT B
Beginning at a point 60 feet north and 239.4 feet west of the northeast corner
of Block 2, Canyon View Addition to the City of Lubbock, Lubbock County, Texas;
Thence north 37.5 feet;
Whence west 188.5 feet;
Thence south 37.5 feet;
Thence east 188.5 feet to the point of beginning.
TRACT C
Beginning at a point 60 feet north and 499.85 feet west of the northeast corner
of Block 2, Canyon View Addition to the City of Lubbock, Lubbock County, Texas;
Thence north 37.5 feet;
Thence west 65 feet;
Thence south 37.,5 feet;
Thence east 65 feet to the point of beginning.
TRACT D
Beginning at a point 60 feet north and 631.0 feet west of the northeast corner of
Block 2, Canyon View Addition to the City of Lubbock, Lubbock County, Texas;
Thence north 37.5 feet;
Thence west 70.11 feet;
Thence south 450 west 109.01 feet;
Thence south 450 east 49.33 feet to a point on a curve having a radius of 116 feet;
Thence northeasterly along said curve to the right an arc distance of approximately
140 feet, which subtends a chord of 131.43 feet and an internal angle of 690 OP 00",
to the point of tangency for said curve;
Thence east 4 feet to the point of beginning.
TRACT E
Beginning at a point 335 feet north of and 75 feet east of the southwest corner
of Block 1, Canyon View Addition to the City of Lubbock, Lubbock County, Texas;
Thence east 135.8 feet;
Thence north 60 feet;
Thence west 135.8 feet;
Thence south 60 feet to the point of beginning.
k
L4L
I
399
OCT 14 1976
ft
II.
The term of this lease shall be for a period of seven (7) years from the date of execution
of this agreement.
Lessee shall pay to Lessors as consideration for this agreement the sum of One Dollar ($1.00)
per year plus other good and valuable considerations as set forth hereinbelow.
IV.
The leased premises shall be used by the Lessee for a public parking area.
V.
The Lessee shall at its expense construct paved or asphalt surfacing on the leased pre-
mises and any additional improvements or markings or signs necessary to provide adequate park-
ing spaces.
VI.
The leased premises shall be available for parking use by the general public; however, the
Lessee may at its discretion establish rules concerning the use of such parking lot.
VII.
The Lessor, after the initial improvements as stated above have been completed, shall be
responsible for the maintenance of such parking lot and shall as a condition of this Lease
keep such leased premises in good and acceptable condition in accordance with the requirements
of the Lessee. In the event that the Lessor fails to perform required maintenance or repairs
on the leased premises after notice between Lessee to the Lessor then the Lessee shall perform
such necessary maintenance or repairs and the Lessor shall be liable to the Lessee for the cost
incurred in performing such work.
VIII.
The Lessors shall assume all liability for damages or claims for damages arising from the
use of the leased premises and shall hold the Lessee harmless from any such claims or suits for
damages.
IX.
This lease may be terminated upon notice by either party to the other party regarding
violation of conditions stated herein or upon expiration of the term set forth above.
EXECUTED this the 14th day of October, 1976.
CITY OF LUBBOCK
by /s/ Roy Bass
Roy Bass, Mayor
ATTEST:
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
H.A. Sessions
Roy M. Johnson (Lessors)
Exhibit A set in on 0220site page.
76-35-399-859 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor
(30) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow-
ing resolution be passed authorizing publication of Notice of Public Hearing to be held Novem-
ber 18 at 1:30 P.M. in regard to approval of new and amended Urban Renewal Plans.
RESOLUTION PROVIDING FOR NOTICE OF MEETING AND PUBLIC HEARING BEFORE THE CITY COUNCIL
OF THE CITY OF LUBBOCK CONCERNING THE APPROVING OF URBAN RENEWAL PLANS FOR COMMUNITY
DEVELOPMENT REHABILITATION AND REDEVELOPMENT AREAS NUMBERS 12B, 18, 21B, 22, and 24 AND
THE APPROVING OF AMENDED URBAN RENEWAL PLANS FOR COMMUNITY DEVELOPMENT REHABILITATION
AND REDEVELOPMENT AREAS NUMBERS 6, 7, AND 9; AND PROVIDING FOR NOTICE OF SUCH MEETING AND
HEARING
WHEREAS, the Urban Renewal Law of the State of Texas requires the City Council to hold
a public hearing on a proposed Urban Renewal Plan before it may approve the Urban Renewal Plan
after notice of hearing has been given by publications in the manner described and the City
Council may proceed with such hearing after it has received recommendations from the Planning
and Zoning Commission and the Urban Renewal Agency as to a Plan conforming with the general
plan for development of the City as a whole; and
WHEREAS, Urban Renewal Plans for Community Development Rehabilitation and Redevelopment
Areas Numbers 12B, 18, 21B, 22 and 24 were reviewed and approved by the Planning and Zoning
pCT 14 1976
Commission on October 7, 1976, and by the Urban Renewal Agency of the City of Lubbock on
September 9, 1976, and recommendations were made to the City Council; and
WHEREAS, the amended Urban Renewal Plans for Community Development Rehabilitation and
Redevelopment Areas Numbers 6, 7, and 9 were reviewed and approved by the Planning and
Zoning Commission on October 7, 1976, and by the Urban Renewal Agency of the City of Lubbock on
September 9, 1976, and recommendations were made to the City Council; and
WHEREAS, said Renewal Plans and recommendations have been reviewed by the City Council of
the City of Lubbock; and
WHEREAS, it is the purpose and intent of the City Council of the City of Lubbock, on
this date and at this time and place specified in the form of notice contained in Section 1
hereof, to hold a public hearing on the question of adopting a resolution to approve and adopt
the said Urban Renewal Plans substantially in the form of the resolution set forth in the form
of notice;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the following notice is hereby ordered to be published by the City
Council of the City of Lubbock, said notice to be published in the October 17, 1976,
October 24, 1976, and October 31, 1976, issues of the Lubbock Avalanche -Journal (the offici-
al newspaper of the City of Lubbock) said notice to be in the following form, to -wit:
"NOTICE OF MEETING AND PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF LUBBOCK CONCERN-
ING APPROVAL OF THE URBAN RENEWAL PLANS FOR COMMUNITY DEVELOPMENT REHABILITATION AND
REDEVELOPMENT AREAS NUMBERS 12B, 18, 21B, 22 AND 24, AND APPROVAL OF THE AMENDED URBAN
RENEWAL PLANS FOR COMMUNITY DEVELOPMENT REHABILITATION AND REDEVELOPMENT AREAS NUMBERS
6, 7, AND 9"
"Pursuant to the provisions of the Urban Renewal Law of the State of Texas, notice is
hereby given that the City Council of the City of Lubbock will meet at the City Hall
in the City Council Chamber on the 18th day of November, 1976, at 1:30
o'clock P.M. , C.S.T., at which time and place said Council will conduct a public
hearing on the question of, and will consider and determine whether or not it will approve
Urban Renewal Plans for the Community Development Rehabilitation and Redevelopment Areas
12B, 18, 21B, 22, and 24, and approve amended Urban Renewal Plans for the Community
Development Rehabilitation and Redevelopment Areas 6, 7, and 9, as set forth on the attached
Exhibit 1, entitled "Description of Urban Renewal Areas 6, 7, 9, 12B, 18, 21B, 22, and 24
and General Scope of Projects" by passing a Resolution substantially as follows:
'RESOLUTION APPROVING AND ADOPTING URBAN RENEWAL PLANS FOR COMMUNITY DEVELOPMENT
REHABILITATION AND REDEVELOPMENT AREAS 12B, 18, 21B, 22 AND 24, AND APPROVING AMENDED
URBAN RENEWAL PLANS FOR COMMUNITY DEVELOPMENT REHABILITATION AND REDEVELOPMENT AREAS
NUMBERS 6, 7, AND 9'
'WHEREAS, Urban Renewal Plans for Community Development Rehabilitation and Redevelop-
ment Areas 12B, 18, 21B, 22, and 24, hereinafter set forth as Exhibits, L, R, U, W,
and X, and made a part hereof, have been reviewed by and approved by the Planning
and Zoning Commission of the City of Lubbock and by the Urban Renewal Agency of the
City of Lubbock; and
'WHEREAS, Amended Urban Renewal Plans for Community Development Rehabilitation and
Redevelopment Areas, 6, 7, and 9, hereinafter set forth as Exhibits F, G, and I, and
made a part hereof, have been reviewed by and approved by the Planning and Zoning I
Commission of the City of Lubbock and by the Urban Renewal Agency of the City of
Lubbock; and
'WHEREAS, the proposed Urban Renewal Plans and Amended Urban Renewal Plans conform
to the general plan of development of the City as a whole and is compatible to the
existing and proposed land uses, the thoroughfare plan, and recreational and community
facilities of the area; and
'WHEREAS, a feasible method exists for the relocation of families or individuals
who will be displaced from the Urban Renewal Areas in decent, safe and sanitary dwell-
ing accomodations within their means and without undue hardship to such families or
individuals; and
'WHEREAS, the Urban Renewal Plans and Amended Urban Renewal Plans will afford maximum
opportunity consistent with the sound needs of the City as a -whole, for the rehabilita-
tion or redevelopment of the Urban Renewal Areas by private enterprise;
'NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Urban Renewal Plans for Community Development Rehabilitation
and Redevelopment Areas 12B, 18, 21B, 22 and 24, designated as Exhibits L, R, U, W,
and X to this Resolution, be and are hereby approved and adopted.
SECTION 2. THAT the Amended Urban Renewal Plans for Community Development Rehabilita-
tion and Redevelopment Areas 6, 7, and 9, designated as Exhibits F, G, and I to this
Resolution, be and are hereby approved and adopted.
"At the aforesaid public hearing, each person will be given full opporuunity to be heard,
either in person or by his counsel, relative to the subject being considered, and like-
wise to present to and file with the City Council for its consideration, his written
comments and recommendations relative to the subject."
'I ROY BASS, MAYOR
41
OCT 14 197E
ATTEST:
Treva Phillips, City Secretary -Treasurer
SECTION 2. TRIT the City Council shall meet on the date and at the time and place specified
in the form of notice contained in Section 1 hereof and shall then and there hold a public
hearing on the question of and consider and determine if it should adopt a Resolution
substantially in the form set forth in said form of notice.
Passed by the City Council of the City of Lubbock this 14th day of October, 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
EXHIBIT 1
Description of Urban Renewal
Areas 6, 7, 12B, 18, 21B, 22 and 24
and General Scope of Projects
Area 6 is generally bounded by the alley west of University on the east, by the alley between
Amherst and 1st Street and the alley between Auburn and Amherst Streets on the south, by De-
troit Avenue on the west and by the alley between Baylor and Bates Streets on the north. The
amended activities for this area consists of adding to the east and north in which 20 homes
will be rehabilitated and 70 parcels will be purchased.
Area 7 is generally bounded on the east by Detroit Avenue, on the north by Bates Street,
on the west by Gary Avenue, and on the south by the alley between lst Place and 2nd Street.
Amended activities proposed for this area is primarily adding work to the north in which 35
homes will be rehabilitated, and 118 parcels purchased.
Area 9 is generally bounded on the east by Quirt Avenue, on the south by East Main and East
Broadway, on the west by Magnolia Avenue, Nutmeg Avenue, and Oak Avenue, and on the north by
East 6th Street. This amendment adds two acquisitions to the workload.
Area 12B is generally bounded by on the north by East 28th Street and the alley north of East
28th Street, on the east by the Canyon Rim down to the Cemetery, on the south by the Cemetery,
and on the west by Teak Avenue. Activities proposed are the rehabilitation of about 90 homes
and some sidewalk work.
Area 18 is generally bounded by Guava Avenue on the west, by the alley between East 15th Street
and East 15th Place on the north, by Ironwood Avenue on the east, and by 19th Street on the
south. Forty-four homes will be rehabilitated, seven parcels will be purchased, and side-
walks will be added.
Area 21B is generally bounded on the west by Avenue P, on the north by the alley between 28th
Street and 27th Street, on the east by Avenue L, and on the south by the alley between 33rd and
34th Streets. Activities proposed include rehabilitation of 47 homes and purchase of 50 parcels.
Area 22 is generally bounded on the west by the alley east of Cherry Avenue, on the north by
2nd Street, on the east by Guava Avenue and the alley east of Guava Avenue, and on the south
by 4th Street. Forty-three homes will be rehabilitated and 11 parcels purchased.
Area 24 is generally bounded on the north by 40th Street, on the east by the alley west of
Avenue H, on the south by the alley south of 46th Street, and on the west by Avenue L. Acti-
vities proposed include the rehabilitation of 45 homes and the purchase of 48 parcels.
76-35-401-860 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor
(31) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize
publication of Notice to Bidders on the 1976 Community Development Paving Improvement Program.
76-35-401-861 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor
(32) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance
No. 7344 on first reading.
ORDINANCE NO. 7344
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: Street
Improvement
The sum $10,000
402
3 CT 14 1976
For the following purpose: Engineering and part of construction cost on Boston Avenue Paving
Improvements, between 34th Street and the alley South of 35th
Street.
76-35-402-862 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor
(33) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize
publication of Notice to Bidders for the developers of Farrar Mesa Addition for paving im-
provements.
76-35-402-863 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor
(34) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting to approve the
request of Lubbock Asphalt Products, Inc., to close the 1976 Alley and Street Paving Project,
GWo 3120.
CONTRACTOR'S AFFIDAVIT ON CLOSING JOB
STATE OF TEXAS I
COUNTY OF LUBBOCK I
Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared
Walter V. Jarnagin, who being by me duly sworn, upon oath says:
I, Walter V. Jarnagin, President of Lubbock Asphalt Products, Inc., do represent to the
City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said
contract being dated April 24th, 1975, under GWO 3120, and that the work and contract has been
completed according to the plans and specifications pertaining to the project and that all
labor, material, supplies and other cost including equipment, rental and hire, and all expense
items incurred in connection with said project have been paid in full; that all liens and rights
to fix liens against any part of said project or the moneys, bonds, or warrants due the
contractor, have been satisfied by payment to the claimant, his authorize agent or attorney,
and full release of all recorded liens or claims have been secured by settlement and duly filed
of record with the County Clerk of Lubbock County.
I further represent and affirm that all Federal, State and Municipal laws were substantially
complied with by me in doing and carrying out the job and project herein referred to and that
I paid applicable scale of wages, and this affidavit is made to secure payment from the City
of Lubbock to me of the full and final moneys due me under this contract.
Witness my hand this 3rd day of September, 1976.
Attest: Larry Jarnagin
/s/ Walter V. Jarnagin
Subscribed and sworn to before me this the 3rd day of September, 1976.
/s/ Diana Lynn Curtis
Notary Public in and for Lubbock County, Texas
76-35-402-864 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor
(35) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow-
ing resolution be passed.
RRQnT TTTTnW?
Resolution accepting water and sewer system improvements for Lots 1 thru 113, Horizon
West Addition.
WHEREAS, the developer of Lots 1 thru 113, Horizon West Addition have complied with the
provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer
improvements for said addition in accordance with paragraph 61 of said Chapter 34, and,
WHEREAS, the total utility cost to the developer is $99,654.50 with the improvements
constructed by Panhandle Construction Company having a value of $91,403.38 as determined by
the unit prices established by said Chapter 34, and $8,251.12 cash paid to the City, with Bill
Steele Enterprises, Inc., the developer, to receive a refund of $35,046.49 in accordance with
Chapter 34 of the Code of the City of Lubbock.
WHEREAS, the construction of the said water and sewer improvements was performed under
the supervision of the City Engineer and complete in accordance with the City of Lubbock's
plans and specifications,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the improvements by and the same are hereby accepted as an integral part of the
water and sewer system of the City of Lubbock.
2. That the refundable cost in the amount of $35,046.49 be made in accordance with said
Chapter 34.
3. This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 14th day of October, 1976.
Attested:
/s/ Roy Bass
ROY BASS, MAYOR
/s/ Treva Phillips
Treva Phillips, City Secretary
403
OCT 14 1976
Approved: Approved:
/s/ Wilford D. Watson /s/ Fred 0. Senter, Jr.
Wilford D. Watson, City Engineer Fred 0. Senter, Jr., City Attorney
76-35-403-865 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor
(36) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow-
ing resolution be passed.
RESOLUTION
Resolution accepting water and sewer system improvements for Lots 126 thru 197, University
Pines Addition.
WHEREAS, the developer of Lots 126 thru 197, University Pines Addition have complied with
the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and
sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and,
WHEREAS, the total utility cost to the developer is $56,489.11 with the improvements construc
ted by Holloway Contracting Company having a value of $51,851.98 as determined by the unit prices
established by said Chapter 34, and $4,637.13 cash paid to the City, with Liberty Lots, Inc.,
the developer, to receive a refund of $23,188.63 in accordance with Chapter 34 of the Code of
the City of Lubbock.
WHEREAS, the construction of the said water and sewer improvements was performed under
the supervision of the City Engineer and completed in accordance with the City of Lubbock's
plans and specifications,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the improvements by and the same are hereby accepted as an integral part of the
water and sewer system of the City of Lubbock.
2. That the refundable cost in the amount of $23,188.63 be made in accordance with said
Chapter 34.
3. This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 14th day of October, 1976.
Attested: /s/ Roy Bass
Roy Bass, Mayor
/s/ Treva Phillips
Treva Phillips, City Secretary
Approved: Approved:
/s/ Wilford D. Watson /s/ Fred 0. Senter, Jr.
Wilford D. Watson, City Engineer Fred 0. Senter, Jr., City Attorney
76-35-403-866 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor
(37) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize
publication of Notice to Bidders for the sale of two partial lots in the DePauw-McLarty Addi-
tion owned by the City.
76-35-403-867
(38)
we
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.
R E S O L U T I O N
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 Pipe Line License Agreement to be entered into by
and between said City (as Licensee) and the Atchison, Topeka, and Santa Fe Railway Company (as
Licensor) for a water pipeline crossing by said City at MP3+5203.2 at Station 210+43.2 of
said Railway for a 21 inch (diameter) casing pipe; 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 14th day of October, 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
PIPE LINE LICENSE
THIS LICENSE, Made this 21st day of September, 1976, between THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY, a Delaware corporation (hereinafter called "Licensor"), party of the
first part, and CITY OF LUBBOCK, TEXAS, a Municipal corporation, acting herein by its Mayor,
OCT 14 1976
hereunto duly authorized (Hereinafter, whether one or more, called "licensee") art of the
second part. ' party
WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant
and agree as follows: F�
1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee
to construct and maintain one (1) pipe line, 13.2 inches cast iron 13.2 inches in diameter
(hereinafter, whether one or more pipe lines, called the "PIPE LINE"), across or along the right
of way of Licensor at or near the station of Lubbock, Lubbock County, Texas the exact location
of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached,
No. X-2-766, dated September 17, 1976, marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying water and shall not use it to
carry any other commodity or for any other purpose whatsoever.
3. Licensee shall pay Licensor as compensation for this license the sum of One Hundred
Fifty and NO/100ths-------------------------------------- ($150.00)------- Dollars.
4. Licensee shall, at its own cost and subject to the supervision and control of Licensor's
chief engineer, locate, construct and maintain the PIPE LINE in such a manner and of such
material that it will not at any time be a source of danger to or interference with the present
or future tracks, roadbed and property of Licensor, or the safe operation of its railroad. In
cases where the Licensee is permitted under paragraph 2 hereof to use the PIPE LINE for oil,
as, petroleum products, or other flammable or highly volatile substances under pressure,
the PIPE LINE shall be constructed, installed and thereafter maintained in conformity with the
plans and specifications shown on print hereto attached in such cases, marked Exhibit B and
made a part hereof. If at any time Licensee shall, in the judgment of Licensor, fail to
perform properly its obligations under this paragraph, Licensor may, at its option, itself
perform such work as it deems necessary for the safe operation of its railroad, and in such
event Licensee agrees to pay within fifteen (15) days after bill shall have been rendered
therefor, the cost so incurred by Licensor, but failure on the part of Licensor to perform
the obligations of Licensee shall not release Licensee from liability hereunder for loss or
damage occassioned thereby.
5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work
to support Licensor's tracks and for flagman to protect its traffic during installation of the
PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE.
6. Licensee shall at all times indemnify and save harmless Licensor against and pay in
full all loss, damage or expense that Licensor may sustain, incur or become liable for, re-
sulting in any manner from the construction, maintenance, use, state or repair, or presence
of the PIPE LINE, including any such loss, damage or expense arising out of (a) loss of or
damage to property, (b) injury to or death of persons, (c) mechanics' or other liens of any
character, or (d) taxes or assessments of any kind.
7. If at any time Licensee shall fail or refuse to comply with or carry out any of the
covenants herein contained Licensor may at its election forthwith revoke this license.
8. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition
that the same may be terminated at any time by either party upon ten (10) days' notice in
writing to be served upon the other party, stating therein the date that such termination shall
take place, and that upon the termination of this license in this or any other manner herein
provided, Licensee, upon demand of Licensor, shall abandon the use of the PIPE LINE and remove
the same and restore the right of way and tracks of Licensor to the same condition in which
they were prior to the placing of the PIPE LINE thereunder. In case Licensee shall fail to
restore Licensor's premises as aforesaid within ten (10) days after the effective date of
termination, Licensor may proceed with such work at the expense of Licensee. No termination
hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity
or otherwise, resulting from any acts, omissions or events happening prior to the date the
PIPE LINE is removed and the right of way and track of Licensor restored as above provided.
9. In the case of the eviction of Licensee by anyone owning or obtaining title to the
premises on which the PIPE LINE is located, or the sale or abandonment by Licensor of said
premises, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or
to refund any payment made by Licensee to Licensor hereunder, except the proportionate part
of any recurring rental charge which may have been paid hereunder in advance.
10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be
properly served if it be deposited in the United States Mail, postage prepaid, addressed to
Licensee at P. 0. Box 2000, Lubbock, Texas 79457.°. Any notice to be given hereunder by Licensee
to Licensor shall be deemed to be properly served if the same be deposited in the United States
Mail, postage prepaid, addressed to Licensor's Division Superintendent at 900 South Polk Street,
Amarillo, Texas 79171.
11. In the event that two or more parties execute this instrument as Licensee, all the
covenants and agreements of Licensee in this license shall be the joint and several covenants
and agreements of such parties.
12. All the covenants and provisions of this instrument shall be binding upon and inure
to the benefit of the successors, legal representatives and assigns of the parties to the same
extent and effect as the same are beinding upon and inure to the benefit of the parties hereto,
but no assignment hereof by Licensee, its successors, legal representatives or assigns, or
any subsequent assignee, shall be binding upon Licensor without the written consent of Licensor
in each instance.
IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and
year first above written.
OCT
f
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (Licensor)
Approved as to Description: By /s/ G. R. Hill
Its Assistant to General Manager
/s/ E. W. Landreth
For AGM -Engineering CITY OF LUBBOCK
/s/ Roy Bass
ROY BASS, MAYOR
Licensee
76-35-405-868 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor
(39) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow-
ing resolution be passed.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute
for and on behalf of the City of Lubbock a Pipe Line License Agreement to be entered into by
and between said City (as Licensee) and the Atchison, Topeka, and Santa Fe Railway Company (as
Licensor) for a water pipeline crossing by said City at MP4+2899.0 at Station 240+19 of said
Railway for a 21 inch (diameter) casing pipe; 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 14th day of October, 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
/a/ Roy Bass
ROY BASS, MAYOR
PIPE LINE LICENSE
THIS LICENSE, Made this 21st day of September, 1976, between THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY, a Delaware corporation (hereinafter called "Licensor"), party of the
first part, and CITY OF LUBBOCK, TEXAS, a Municipal corporation, acting herein by its Mayor,
hereunto duly authorized (Hereinafter, whether one or more, called "licensee"), party of the
second part.
WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant
and agree as follows:
I. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee
to construct and maintain one (1) pipe line,25.80 inches cast iron 25.80 inches in diameter
(hereinafter, whether one or more pipe lines, called the "PIPE LINE"), across or along the right
of way of Licensor at or near the station of Lubbock, Lubbock County, Texas the exact location
of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached,
No. X-2-762, dated September 16, 1976, marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying water and shall not use it to
carry any other commodity or for any other purpose whatsoever.
3. Licensee shall pay Licensor as compensation for this license the sum of One Hundred
Fifty and NO/100ths-------------------------------------- ($150.00)------- Dollars.
4. Licensee shall, at its own cost and subject to the supervision and control of Licensor's
chief engineer, locate, construct and maintain the PIPE LINE in such a manner and of such
material that it will not at any time be a source of danger to or interference with the present
or future tracks, roadbed and property of Licensor, or the safe operation of its railroad. In
cases where the Licensee is permitted under paragraph 2 hereof to use the PIPE LINE for oil
gas, petroleum products, or other flammable or highly volatile substances under Dressure.
the PIPE LINE shall be constructed, installed and thereafter maintained 'in"conformity with the
plans and specifications shown on print hereto attached in such cases, marked Exhibit B and
made a part hereof. If at any time Licensee shall, in the judgment of Licensor, fail to
perform properly its obligations under this paragraph, Licensor may, at its option, itself
perform such work as it deems necessary for the safe operation of its railroad, and in such
event Licensee agrees to pay within fifteen (15) days after bill shall have been rendered
therefor, the cost so incurred by Licensor, but failure on the part of Licensor to perform
the obligations of Licensee shall not release Licensee from liability hereunder for loss or
damage occassioned thereby.
5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work
to support Licensor's tracks and for flagman to protect its traffic during installation of the
PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE.
6. Licensee shall at all times indemnify and save harmless Licensor against and pay in
full all loss, damage or expense that Licensor may sustain, incur or become liable for, re-
sulting in any manner from the construction, maintenance, use, state or repair, or presence
of the PIPE LINE, including any such loss, damage or expense arising out of (a) loss of or
damage to property, (b) injury to or death of persons, (c) mechanics' or other liens of any
character, or (d) taxes or assessments of any kind.
406
T 141976
7. If at any time Licensee shall fail or refuse to comply with or carry out any of the
covenants herein contained Licensor may at its election forthwith revoke this license.
8. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition
that the same may be terminated at any time by either party upon ten (10) days' notice in
writing to be served upon the other party, stating therein the date that such termination shall
take place, and that upon the termination of this license in this or any other manner herein
provided, Licensee, upon demand of Licensor, shall abandon the use of the PIPE LINE and remove
the same and restore the right of way and tracks of Licensor to the same condition in which
they were prior to the placing of the PIPE LINE thereunder. In case Licensee shall fail to
restore Licensor's premises as aforesaid within ten (10) days after the effective date of
termination, Licensor may proceed with such work at the expense of Licensee. No termination
hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity
or otherwise, resulting from any acts, omissions or events happening prior to the date the
PIPE LINE is removed and the right of way and track of Licensor restored as above provided.
9. In the case of the eviction of Licensee by anyone owning or obtaining title to the
premises on which the PIPE LINE is located, or the sale or abandonment by Licensor of said
premises, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or
to refund any payment made by Licensee to Licensor hereunder, except the proportionate part
of any recurring rental charge which may have been paid hereunder in advance.
10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be
properly served if it be deposited in the United States Mail, postage prepaid, addressed to
Licensee at P. 0. Box 2000, Lubbock, Texas 79457. Any notice to be given hereunder by Licensee
to Licensor shall be deemed to be properly served if the same be deposited in the united States
Mail, postage prepaid, addressed to Licensor's Division Superintendent at 900 South Polk Street,
Amarillo, Texas 79171.
11. In the event that two or more parties execute this instrument as Licensee, all the
covenants and agreements of Licensee in this license shall be the joint and several covenants
and agreements of such parties.
12. All the covenants and provisions of this instrument shall be binding upon and inure
to the benefit of the successors, legal representatives and assigns of the parties to the same
extent and effect as the same are beinding upon and inure to the benefit of the parties hereto,
but no assignment hereof by Licensee, its successors, legal representatives or assigns, or
any subsequent assignee, shall be binding upon Licensor without the written consent of Licensor
in each instance.
IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and
year first above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (Licensor)
Approved as to Description: By /s/ G. R. Hill
Its Assistant to General Manager
/s/ E. W. Landreth
For AGM -Engineering
CITY OF LUBBOCK
/s/ Roy Bass
ROY BASS, MAYOR
Licensee
76-35-406-869 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor
(40) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow-
ing resolution be passed.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute
for and on behalf of the City of Lubbock an alley dedication deed in the vicinity of Fry Addi-
tion in favor of the public, 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 14th day of October, 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
STATE OF TEXAS I
COUNTY OF LUBBOCK X
/s/ RoZ Bass
ROY BASS, MAYOR
ALLEY DEDICATION DEED
KNOW ALL MEN BY THESE PRESENTS:
Fil
THAT the City of Lubbock, Texas a Home Rule Municipality located in Lubbock County, Texas,
herein called "GRANTOR", for and in consideration of the sum of ONE AND N0/100 DOLLARS ($1.00)
and other good and valuable consideration, to GRANTOR in hand paid by the public, do hereby
dedicate to the public for public use forever and for alley purposes, -the following described
tract of land situated in Lubbock County, Texas, as more particularly described as follows, to -wit:
59
OCT 14
r
r
r
r
r
An alley dedicated from City owned property out of Section 16, Block B, Lubbock County,
Texas, being more particularly described as follows:
BEGINNING at the Northwest corner of Lot 1, Folly Addition to the City of Lubbock,
Lubbock County, Texas;
THENCE West a distance of 260.00 feet to a point in the West line of a tract of land
owned by the City of Lubbock;
THENCE North, along said West line of City owned property, a distance of 20.00 feet to a
point;
THENCE East, a distance of 260.00 feet to the Southwest corner of Lot 12, Fry Addition;
THENCE South a distance of 20.00 feet to the PLACE OF BEGINNING.
SAID tract of land is not used, claimed or occupied as business or residential homestead
as of date of execution and delivery of this instrument by GRANTOR to said CITY OF LUBBOCK:
TO HAVE AND TO HOLD this above described premises, together with all and singular the
rights and appurtenances thereto in anywise belonging unto the said public forever so long as
said premises are used for alley purposes.
WITNESS MY HAND AT LUBBOCK, TEXAS this 14th day of October, 1976.
ATTEST:
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senrer, Jr., City Attorney
/s/ Roy Bass
ROY BASS, MAYOR
76-35-407-870 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor
(41 Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow-
& ing resolution be passed.
42)
RT; Qr%T TTTT()M
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 Munici-
pal 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 interest and for public
purposes and municipal purposes to proceed with the acquisition of lands as needed for such
purposes as aforesaid; and
WHEREAS, the City Council of the City of Lubbock passed its resolution authorizing an
offer to purchase and authorizing condemnation on the tract if such offer is or was not accepted
on July 21, 1976, and pursuant thereto the Right -of -Way Department of the City of Lubbock offer-
ed Joe Lewis Reyna, and Gloria Reyna the owners thereof $1,302.00 which was acceptable to them
but such offer was not acceptable to Rosa Ortega Griffis, and said Resolution needs to be
amended to add the name of the said Rosa Ortega Griffis who holds some character of lien against
said property; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT said Resolution is hereby amended to read as set forth as follows in
its body:
A. 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 0.128 acres of land, more or less, out of a 0.904 acre tract
of land in the South half of the Southwest 1/4 of Section 8, Block A, Lubbock County
Texas. Said 0.904 acre tract was conveyed to Joe Lewis Reyna by Rosa Ortega Griffis by
deed dated October 2, 1974 and recorded in Volume 1404, page 146, Deed Records, Lubbock
County, Texas. Said 0.128 acres of land is more particularly described by metes and
bounds as follows:
BEGINNING at a poing on the North boundary line of said 0.904 acre tract which bears
South 88°4'29" East, a distance of 5,280.00 feet, thence South 1°54'42" West, a distance
of 4,412.60 feet, thence South 88°5'18" East, a distance of 30.00 feet from the Southwest
corner of Section 10, Block A; said point also being the common boundary line of a tract
of land owned by Shirley Wooten.
THENCE South 88°5'18" East along the North property line of said 0.904 acre tract, a dis-
tance of 37.84 feet to a point;
THENCE South 0°11'12".West, a distance of 140.06 feet to a point in the South property
line of said 0.904 acre tract; said South property line being the common boundary line
with Robert W. Berry;
THENCE North 88°5'18" West along the South property line of said 0.904 acre tract, a
distance of 42..06 feet to a point;
'T 14 1976
B. THAT the owners of said land including JOE LEWIS REYNA and wife, GLORIA REYNA, and
ROSA ORTEGA GRIFFIS (lienholder) BE offered through the Right--of-Way Department of the City of
Lubbock the amount of $1,302.00, 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 forwith 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 14th day of October, 1976.
ATTEST:
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
/s/ Roy Bass
ROY BASS, MAYOR
76-35-408-871 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor
(43) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance
No. 7345 on first reading.
ORDINANCE NO. 7345
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds out of bond funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: ELECTRIC
REVENUE BOND FUND
The sum $25,969
For the following purpose: For costs incurred in sale of $4.4 million Electric Revenue Bonds,
Series 1976.
76-35-408-872 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor
(44) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance
No. 7346 on first reading.
ORDINANCE NO. 7346
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: Civic
Center Project Funds
The sum $200,000.00
For the following purpose: For the purpose of miscellaneouse capital outlay items for equip-
ing Memorial Civic Center, to bond fund by transfer of the 7�
tax reserve for capital improvements.
76-35-408-873 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor
(45) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to award
Mike klein, General Contractor, the bid for the remodeling of the old terminal space for the
General Aviation District Office.
76-35-408--874 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor
(46) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi-
nance No. 7347 on first reading.
ORDINANCE N0. 7347
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds out of Airport Revenuefunds 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 Airport Revenue fund, to -wit:
The sum $72,417.00
Ll
Ll
OCT 14
For the following purpose: Remodeling of space in old terminal building for General Aviation
District Office.
Supplemental for Airport Work Order #206
76-35-409-875 The City Council considered the claim of Transamerica Insurance Group in the amount of $1568.82
(48) for a Subrogation Claim by said insurance group for damage to automobile of insured Charles
A. Mesnard. 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 deny this claim.
76-35-409-876 The City Council considered the claim of Sidney W. Howard in the amount of $180.00 for damages
(48a) incurred when 220 volts of electricity got into his house. After consideration of all informa-
tion 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 deny this claim.
76-35-409-877 The following bids were received for the purchase of basketball backboards, goals and post for
(49) the Park & Recreation Department, being Bid No. 4077.
Bid Tabulation set in Bid Book.
After consideration of all bids received, 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 accept the bid of Vaughn & Associates, Inc., Dallas for the
purchase of basketball backboards, goals and post for the Park & Recreation Department.
76-35-409-878 The following bids were received for construction of water distribution main for the Engineering
(50) Department, being Bid No. 4069.
Bid Tabulation set in Bid Book.
After consideration of all bids received, 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 accept the bid of Panhandle Construction Co. for construction
of water distribution main for the Engineering Department.
76-35-409-879 The following bids were received for the purchase of engines and transmissions for Grumman
(51) buses for the Transit Department, being Bid No. 4080.
Bid Tabulation set in Bid Book.
After consideration of all bids received, 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 accept the bid of Fenner Tubbs Co. for the purchase of engines
and transmissions for Grumman buses for the Transit Department.
76-35-409-880 The following bids were received for the purchase of bus route signs for the Transit Department,
(52) being Bid No. 4087.
Bid Tabulation set in Bid Book.
After consideration of all bids received, 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 accept the bid of Multi -Ad, Inc., for the purchase of bus route
signs for the Transit Department.
76-35-409-881 The following bids were received for fixed seating at the Civic Center.
(53)
PART I - LUBBOCK MEMORIAL CENTER THE ARCHITECTS GROUP
LMO.C-L TEXAS 1705 - 14th Street
41
OCT 14 1976
Paul King, Civic Center Architect, appeared before the City Council in regard to these bids.
After consideration of all bids received, motion was made by Councilman McAlister, seconded
by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister
voting Yea, none voting Nay to accept the bid of American Seating Co. for theater seating,
exhibit hall balcony seating and exhibit hall platform seating; accept the bid of Hussey
Manufacturing Co. for exhibit hall telescoping platforms.
76-35-410-882 Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass,
(54) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following
resolution be passed.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for
and on behalf of the City of Lubbock a Notice for Public Hearing and Application for Discontin-
uance of County Road to be presented to the Lubbock County Commissioner's Court concerning a
County Road in the vicinity of the Lubbock Regional Airport proposed to be closed., 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 14th day of October, 1976.
ATTEST:
Isl Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
lsl Roy Bass_
ROY BASS, MAYOR
NOTICE OF HEARING ON APPLICATION TO DISCONTINUE COUNTY ROAD
STATE OF TEXAS
COUNTY OF LUBBOCK
COMES NOW the undersigned freeholders, being not less than eight in number, in Precinct
No. 3 of Lubbock County, Texas, which is the precinct in which the part or portion of county
road proposed to be discontinued is located, and said freeholders pursuant to Article 6705,
Vernon's Annotated Civic Statutes of Texas, hereby give notice of intended application to the
County Commissioner's Court and Honorable County Judge of Lubbock County, Texas, for the grant
of an order discontinuing a part of portion of County Road, the beginning of such part or
portion of county road proposed to be discontinued is its intersection with the eastern side
of interstate Highway No. 27 in the vicinity of the Lubbock Regional Airpot in Lubbock County,
Texas, and its termination is approximately one mile east of said intersection, said part
or portion of road herein proposed to be discontinued is more particularly described as follows:
That part or portion of county road as laid out and existing on the gound beginning with
the eastern side and/or right-of-way line of Interstate Highway No. 27 and extending east-
ward along on either side of the North line of Section 32 and the South line of Section 36,
Block A, Lubbock County, Texas, same being the boundary line between said sections, for
an extension eastward of a distance of approximately one mile to the western right-of-way
line of a county road which runs north and south.
The public need and necessity for the discontinuance of said county 19ad (as applied for)
is to facilitate the extension of an airport runway existing on such abuttirW, property across
said county road in order to improve air transportation and travel services ahL the Lubbock
Regional Airport, and to facilitate the approval of the Federal Aviation Administration of the
United States Government for such airport runway extension as regards airport operational con-
siderations and also for fiscal aid in such regard by the United States Government.
The hearing on said application before the County Commissioner's Court of Lubbock County,
Texas, shall be at 1:30 o'clock P.M. on the 22nd day of November, 1976, which is a date more
than 20 days from the date of the posting of this notice as required by law. Said hearing shall
be held in the regular meeting place of the Lubbock County Commissioner's (Courtroom) in the
Lubbock County Courthouse in the City of Lubbock, Lubbock County, Texas at said time and date.
This document is executed in quintuplicate originals with each executed copy having the
dignity of an original to the end that there shall be three originals for posting, and one copy
with the posting data return thereon shown for submission as the application for the purposes
hereinabove set forth, and a copy furnished to the City of Lubbock, Lubbock County, Texas.
Executed by the undersigned freeholders as of the 14th day of October, 1976.
City of Lubbock, Texas (Freeholder)
ATTEST: BY:/s/ Roy Bass
-ROY BASS,MAYOR
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
RETURN ON POSTING
W
OCT 14 1976
Came on to hand above notice and applicated and posted a copy of same at Post Office,
Idalou, Lubbock County, Texas, Post Office at New Deal, Lubbock County, Texas, and the Lubbock
County Courthouse door in the City of Lubbock, Lubbock County, Texas, all done on the
day of , 1976.
Person Posting
APPLICATION BY FREEHOLDERS TO
DISCONTINUE COUNTY ROAD
THE STATE OF TEXAS I
COUNTY OF LUBBOCK I
COMES NOW the undersigned freeholders, being not less than eight in number, in precinct
No. 3 of Lubbock County, Texas, which is the precinct in which the part or portion of county
road proposed to be discontinued is located, and said freeholders pursuant to Article 6705,
Vernon's Annotated Civic Statutes of Texas, hereby respectfully apply to the County Commissioner's
Court and Honorable County Judge of Lubbock County, Texas, for the grant of an order discontinu-
ing a part of portion of County Road, the beginning of such part or portion of county road
proposed to be discontinued is its intersection with the eastern side of Interstate Highway
No. 27 in the vicinity of the Lubbock Regional Airport in Lubbock County, Texas, and its ter-
mination is approximately one mile east of said intersection, said part or portion of road here-
in proposed to be discontinued is more particularly described as follows:
That part or portion of county road as laid out and existing on the ground beginning
with the eastern side and/or right of way line of Interstate Highway No. 27 and extending
eastward along on either side of the North line of Section 32 and the South line of
Section 36, Block A, Lubbock County, Texas, same being the boundary line between said
sections, for an extension eastward of a distance of approximately one mile to the west-
ern right of way line of a county road which runs north and south.
The public need and necessity for the discontinuance of said county road (as herein
applied for) is to facilitate the extension of an airport runway existing on such abutting pro-
perty across said county road in order to improve air transportation and travel services at the
Lubbock Regional Airport, and to facilitate the approval of the Federal Aviation Administra-
tion of the United States Government for such airport runway extension as regards airport
operational considerations and also for fiscal aid in such regard by the United States Govern-
ment.
Pursuant to duly posted notice of Hearing before the Commissioners Court and County Judge
of Lubbock County, Texas to be held at 1:30 P.M. on November 22, 1976, the following free-
holders do hereby join in this application by their execution and completion hereof. The
application is complete when at least eight freeholders sign.
I, the undersigned am a freeholder (owner of real estate) known and described as follows:
Section 28, Block A, Lubbock County, Texas except so much thereof as in state or county
roadways.
The deed under which I took title to such property located in Precinct 3 of Lubbock
County, Texas is recorded in Volume 150, Page 452, of the Deed Records of Lubbock County,
Texas. I am one and the same freeholder who signed a Notice of Hearing to Discontinue
County Road, copy of which is attached to this application and made a part hereof.
CITY OF LUBBOCK, TEXAS
ATTEST:
BY: /s/ Roy Bass__
/s/ Treva Phillips ROY BASS, MAYOR
Treva Phillips, City Secretary -Treasurer
76-35-411-883 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor
(55) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow-
ing resolution be passed.
RESOLUTION
WHEREAS, citizens of Texas are concerned that state and federal highway construction and
maintenance funds have remained for several years at an inadequate and declining level while
costs have more than doubled since 1967, and
WHEREAS, the current highway funding crisis has resulted in a drastic reduction in the
pace of improving the state highway system, and
WHEREAS, there is a backlog of $11 billion in highway improvement projects and anticipated
revenues for construction during the next 20 years of only $1.0 billion, and
WHEREAS, all existing revenue will be needed by 1980 just to maintain the state highway
system, with no funds available for upgrading obsolete roads and bridges or for new construc-
tion, and
WHEREAS, the present inadequate funding level will adversely affect the state's economy,
will result in increased unemployment, will contribute to continued death and destruction on
Texas highways at a rate higher than the national average, and will result in higher costs for
the movement of goods and people, and
WHEREAS, Governor Dolph Briscoe has recommended action to alleviate the Texas Highway
funding crisis by dedicating three -fourths of the automobile sales tax and the general sales
tax on tires, tubes,-automohile parts and accessories to the state highway fund, supplementing
Department of Public Safety operating funds with general revenue appropriations, and utilizing
Federal revenue sharing -funds for emergency road and bridge capitol improvements, and
412
OCT 14 1976
WHEREAS, these recommendations would produce $825 million in badly needed revenue in the
next biennium and $7.1 billion in the next 20 years; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OV1UBBOCK:
THAT these recommendations be endorsed and that members of the 65th Texas Legislature
convening in January, 1977, be urged to enact implementing legislation to meet the essential
highway transportation needs of the people of Texas.
Passed by the City Council this 14th day of October, 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
76-35-412-884 Jim Cummings, representing the Urban Renewal Board, appeared before the City Council requesting
(6) that 2nd Year Community Development contingency funds be used for the purpose of retiring the
existing loan notes of the Lubbock Neighborhood Development Program. Mr. Cummings explained that
approximately $95,000 would be needed together with unexpended NDP grant money to retire these
notes. He further explained such note retirement as being necessary for the closing out of
Lubbock Neighborhood Development Program, TEX. A-14(C). In order for this expenditure to take
place, Mr. Cummings further requested that a public hearing be authorized by the City Council in
accordance with the provisions of the Community Development regulations for considering the
utilization of the Community Development funds for this purpose. After consideration of all in-
formation presented, motion was made by Councilman McAlister, seconded by Councilwoman Jordan,
motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting
Nay to approve request, and set November 11, 11:00 A.M. as the date for a Public Hearing.
NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular
Meeting, Ober 14, 1976.
?elms
ATTEST: ROY BASS, MAYOR
Treva Phillips, City ecretary-Treasurer
READ AND APPROVED THIS THE 28th day of
October 976.
ATTEST: ROY BASS, MAYOR
Treva Phillips, Cit Secretary -Treasurer