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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