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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/11/1976430 Nntt 11 1976 REGULAR CITY COUNCIL MEETING NOVEMBER 11, 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, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None 76-35-430-938 The invocation was given by Larry Cunningham, City Manager. (1) 76-35-430-939 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 76-35-430-940 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (3) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the City Council Minutes of October 28, 1976 as corrected. 76-35-430-941 Henry Huneke, Chairman of the Parks and Recreation Board, appeared before the City Council (7a) and presented recommendations on acquisition plans for Phase I of the Southwest Lubbock Linear Park. This is 500 acres of land south of Loop 289 and west of Indiana Avenue. After considera- tion of all information presented, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to follow the recommendations of the Park and Recreation Board and proceed with acquisition plans for Phase I of the Southwest Lubbock Linear Park. 76-35-430-942 Henry Huneke, Chairman of the Parks and Recreation Board, appeared before the City Council (7b) and presented recommendations regarding a resolution authorizing the Mayor to sign contracts with two firms for the appraisal of Phase I of the Southwest Lubbock Linear Park. After con- sideration of all information presented, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass the following resolution authorizing the Mayor to execute agreements between the City of Lubbock and Don Harris and Jimmy Goddard for appraisal services under a Community Development Block Grant Project for parksite acquisition. 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 agreements between the CITY OF LUBBOCK and for appraisal services under a Community Development Block Grant Project for parksite acquisi- tion, 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 llth day of November, 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 See Contracts on file in the Office of the City Secretary. 76-35-430-943 Henry Huneke, Chairman of the Park and Recreation Board, appeared before the City Council and (70 presented the following proposed rates for the Tennis Center: Weekdays: Singles $2.00 per court per 1 1/2 hours Doubles $3.00 per court per 1 1/2 hours Weekends, Holidays & Evenings: Singles $3.00 per court per 1 1/2 hours Doubles $4.00 per court per 1 1/2 hours Juniors: (Attending high school or younger, weekday play one.) Singles or doubles 60� per person per 1 1/2 hours Annual memberships: Family $75.00 Individual $50.00 Junior (Weekdays only) $25.00 After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman 4' st, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the rates as outlined above with the understanding that the rates may have to be altered at a latex date. 4` NOV 11 ri F 76-35-431-944 Ernest Finney, Attorney representing residents of Lake Ransom Canyon, appeared before the City (8) Council requesting permission, to apply for incorporation of Lake Ransom Canyon. Jim Bertram, Director of Planning, also appeared before the City Council 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 that the following resolution be passed consenting to the initia- tion of incorporation proceedings for Lake Ransom Canyon with the understanding that officials of the City of Lubbock and Lake Ransom Canyon get together as soon as possible about overlapp- ing extra -territorial jurisdictions. T?PCY1T TTTTl1TT WHEREAS, resident voters of a territory, a portion of which is within the extraterritorial jurisdiction of the City of Lubbock, have proposed incorporating such territory into a town or village; and WHEREAS, the consent of the City of Lubbock to such incorporation is required insofar as the portion of the territory which lies within the extra -territorial jurisdiction of the City of Lubbock is concerned; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the CITY OF LUBBOCK does hereby give its consent to the intitiation of incorporation proceedings of that portion of the territory shown on Exhibit A, attached hereto and made a part hereof, which is within the extraterritorial jurisdiction of the City of Lubbock. Passed by the City Council this llth day of November, 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 76-35-431-945 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (9) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7358 on second and final reading. ORDINANCE NO. 7358 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Sewer Bond Fund The sum $88,823.65 For the following purpose: Supplement to sewer pro rata fund to cover refund to developers of Western Estates Addition 76-35-431-946 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (10) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7359 on second and final reading. ORDINANCE NO. 7359 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND FUND The sum $3,069,349.00 For the following purpose: For General, Mechanical, and Electrical construction for Steam Unit No. 2 at Holly Avenue Power Station. 76-35-431-947 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (11) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7348 on second and final reading. ORDINANCE NO. 7348 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. 1923-A: CHANGE TRACT E, C. C. KNOTT ADDI- 32 r, , , 1976 TION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM A-1 TO C-2A ZONING DISTRICT: SUBJECT TO CONDITIONS: PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-432-948 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. 7349 on second and final reading. ORDINANCE N0. 7349 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6711 OF THE CITY OF LUBBOCK, BY AMENDING CONDITION NO. 3 MADE A PART THEREOF: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-432-94R Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (13) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7350 on second and final reading. ORDINANCE NO. 7350 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. 2098: CHANGE LOTS 10, 11 AND 12, BLOCK 2, GARLAND SUBDIVISION OF THE ROBERTS AND MCWHORTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO M--1 ZONING DISTRICT (LOCATED SOUTH OF 3RD STREET AND WEST OF PARIS AVENUE): AND PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-432-950 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (14) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7351 on second and final reading. ORDINANCE NO. 7351 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 1762-B: CHANGE NORTH 103 FEET OF LOT 3, SPLAWN HENRY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS (LOCATED NORTH OF 46TH STREET AND WEST OF ENGLEWOOD AVENUE), FROM C-4 TO C-4 SPECIFIC USE PERMIT: PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-432-951 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (15) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7352 on second and final reading. ORDINANCE N0. 7352 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. 1745-B: CHANGE TRACT C, GORDON HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-2 SPECIFIC USE TO C-2 ZONING DISTRICT; (LOCATED NORTH OF 50TH STREET AND ABOUT 360 FEET WEST OF SALEM AVENUE): SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-432-952 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Council- (16) men West, Henry and McAlister voting Yea, Mayor Bass and Councilwoman Jordan voting Nay to pass Ordinance No. 7353 on second and final reading. ORDINANCE N0. 7353 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. 2099: CHANGE A TRACT OF LAND OUT OF SECTION 17, BLOCK B, POUNDS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-432-953 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (17) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7354 on second and final reading. ORDINANCE NO. 7354 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. 2100: CHANGE LOTS 16 THROUGH 20, BLOCK 28, BECK SUBDIVISION OF THE ROBERTS AND MCWHORTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-3 TO R-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-432-954 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (18) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7355 on second and final reading. ORDINANCE N0. 7355 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. 2095: CHANGE LOTS 1 THROUGH 11, BLOCK 8, SOUTHSIDE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-3 TO M-1 ZONING DISTRICT: SUBJECT TO CONDITIONS: PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-432-955 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (19) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7356 on second and final reading. Il 0 ri I if 4L NOV I 1 1. 11 ORDINANCE NO. 7356 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. 2089; CHANGE LOT 2, VILLAGE WEST ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-433-956 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (20) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7357 on second and final reading. ORDINANCE NO. 7357 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK BY ADDING THERETO A NEW SECTION 6.604 PROVIDING FOR YARK REQUIREMENTS FOR TOOL OR STORAGE HOUSES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-433-957 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (21) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7360 on second and final reading. ORDINANCE NO. 7360 AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "HEALTH AND SANITATION", BY REPEALING THE PRESENT ARTICLE I THEREOF AND ENACTING A NEW ARTICLE I TO PROVIDE FOR THE CITY OF LUBBOCK BOARD OF HEALTH; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR EX OFFICIO MEMBERS; PROVIDING FOR VACANCIES: PROVIDING FOR A CHAIRMAN; PROVIDING FOR MEET- INGS; PROVIDING FOR RECOMMENDATIONS; PROVIDING FOR POWERS AND DUTIES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-433-958 NOTICE OF (22) PUBLIC HEARING COMMUNITY DEVELOPMENT PROGRAM On November 11, 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 Development Act of 1974. Citizens are invited to attend to express their views concerning the following proposed change to the list of projects approved for the 1976 Community Develop= ment Program: Allocation of approximately $95,000 from contingency fund for close-out of Neighborhood Development Program. In accordance with the above Notice of Public Hearing, hearing was held in regard to alloca- tion of approximately $95,000 from second year Community Development Program Contingency funds for close-out of the Neighborhood Development Program. Jim Bertram, Director of Planning, appeared before the City Council and explained this allocation. Mayor Bass called for all interested persons to appear. No one came forward; whereupon, Mayor Bass announced that the hearing was closed. No action was taken at this time. The resolution in regard to this approval will be considered at the November 18, 1976 City Council Meeting. 76-35-433-959 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor (24) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7361 on first reading. ORDINANCE NO. 7361 AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS: PROVIDING FOR CORRECTION OF CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 76-35-433-960 Motion was made by Councilman McAlister, 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. 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 bhelf of the CITY OF LUBBOCK an agreement between the CITY OF LUBBOCK and The Atchison, Topeka and Santa Fe Railway Company covering a license granted to the City for an underground signal conduit for Indiana Avenue, attached herewith which shall be spread upon the Minutes of the COUNCIL and as spread upon the Minutes of this COUNCIL shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council llth day of November, 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 34 1V 11 1976 THIS LICENSE, made as of the 22nd day of October, 1976, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY. a Delaware corporation (hereinafter called "Santa Fe") and CITY OF LUBBOCK, TEXAS, a Municipal corporation,acting herein by its Mayor, hereunto duly authorized (hereinafter whether one party or more called "Licensee"). Witnesseth, that the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. In consideration of the sum of One Hundred Efty and No/100ths --- Dollars ($150.00) in hand paid by Licensee to Santa Fe, the receipt whereof is hereby acknowledged, and of the covenants and agreements of Licensee hereinafter set forth, and of the faithful performance by Licensee of the same, Santa Fe licenses and permits Licensee to construct, maintain and use an electric supply line containing a maximum of five (5) 2-top & 3-bottom conductors across or along the premises of Santa Fe at or near the station of Lubbock, Lubbock County, Texas the kind and gauge of said conductors, the phase, frequency and voltage of the electric circuit carried thereon and the location of said electric supply line being more particularly shown upon the print hereto attached, No. X-2-864 dated October 21, 1976 marked "Exhibit A", and made a part hereof. For convenience, the said electric supply line, with all conductors and their supporting or containing structures in so far as they relate to said electric supply line upon said premises, is hereinafter called the "Electric Supply Line." 2. Licensee shall, at Licensee's own cost, construct and at all times maintain the Electric Supply Line in strict accordance with the Specifications, for the time current, for Electric Supply Lines across or along Railway Property, adopted by the Electrical Section of the Association of American Railroads, or any successor agency, except where by statute or order of competent public authority a different type of construction or a different degree of maintenance is required or permitted, in which case such construction or maintenance shall be in strict accordance with such statute or order; provided, however, all materials and workmanship employed in the construction and maintenance of the Electric Supply Line shall be subject to the approval of Santa Fe. 3. Licensee shall, at Licensee's own cost, remove all combustible material from around wooden poles and will at all times keep the space around such poles free of such material, and if removal of such combustible material shall not be attended to within fifteen (15) days after having been requested by Santa Fe so to do, Santa Fe shall have the right itself to perform the work and Licensee hereby agrees to reimburse Santa Fe for the expense so incurred. 4. During construction and while repairing, renewing or changing the Electric Supply Line, Licensee shall exercise utmost and extraordinary diligence to the end that no damage shall occur to the property of Santa Fe, and that there shall be no interference with the operation of its railroad. Upon completion of the Electric Supply Line or after the making of any changes, repairs or renewals, Licensee shall at Licensee's own cost, restore said premises to their former state; and Licensee shall, within fifteen (15) days after receipt of bill therefor, pay to Santa Fe the entire cost incurred in employing watchmen or such other means of protection as in the judgment of Santa Fe may be required during the construction, maintenance, repair, renewal or changing of the Electric Supply Line. 5. If at any time during the term hereof Santa Fe shall desire to make any use of its property with which the Electric Supply Line will in any way interfere, including the relocation of existing or the construction of new lines of poles, wires, conduits and other facilities in which it shall have an interest, Licensee shall, at Licensee's own cost, within thirty (30) days after receiving written notice from Santa Fe to such effect, make such changes in the Electric Supply Line as in the judgment of Santa Fe may be necessary to avoid interference with the proposed use of its property. 6. Santa Fe shall have the right at its election itself to construct the Electric Supply Line, and at any time to make such repairs, renewals or changes therein as it may deem necessary or desirable, and in the event Santa Fe shall decide to exercise such right, Licensee shall advance to Santa Fe the cost, as estimated by Santa Fe, of such construction, repair, renewal or change. If the actual cost incurred by Santa Fe in performing such work shall prove more or less than the amount so advanced, the difference shall be promptly paid by Licensee or refunded by Santa Fe, as the case may be. Santa Fe may, at its election, advance the necessary moneys to cover such cost and in that case, Licensee agrees promptly upon demand to pay to Santa Fe all sums so advanced, with interest. 7. Licensee shall at all times indemnify and save harmless Santa Fe and other companies operating over its tracks against, and shall pay in full, all loss, damage or expense that they, or any of them, may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of the Electric Supply Line upon said premises, 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. 8. Since this license is made in part for the benefit of other companies operating over Santa Fe's tracks, any of said companies may sue to enforce the provisions hereof, either jointly or severally, as their interests may be joint or several. None of said companies nor the Santa Fe shall be liable for any damage, howsoever caused, to the Electric Supply Line, whether due to negligence or otherwise. 9. If Licensee shall at any time fail or refuse to comply with or carry out any of the covenants herein contained, and such failure or refusal shall continue for a period of thirty (30) days after written demand for such performance or compliance shall have been made upon Licensee by Santa Fe, Santa Fe may, at its election, without notice, forthwith revoke this license, and in case of such election, or upon any termination hereof, Licensee shall, upon request, forthwith remove the Electric Supply Line and restore said premises to the condition in which they were prior to the construction of the Electric Supply Line. In case Licensee shall fail to make such removal or restoration within thirty (30) days, I Li `I 4 NOV 11 r r F, Santa Fe may proceed with such work, and Licensee shall promptly repay to Santa Fe the cost thereof. No waiver by Santa Fe of any default or defaults, or the right to terminate this license, shall be deemed or held to be a waiver of the right to terminate the same for any subsequent default or defaults, but notwithstanding such waiver Santa Fe may terminate this license upon any subsequent default or defaults which may occur; nor shall any termination hereof 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 of termina- tion or such later date when the Electric Supply Line may be removed and said premises restored as hereinabove provided. 10. Licensee shall at all times, at Licensee's own cost, maintain the most effective system and use the best known and most effective methods to protect the lines, wires, and service of Santa Fe and of any licensee of Santa Fe whose permission to use said premises antedates the license and permission herein to Licensee, from interference and physical hazard, and if necessary in order to prevent such interference or hazard, Licensee shall, at Licensee's own cost, transpose Licensee's circuits or make such changes in the construction or location of the Electric Supply Line as may be specified by Santa Fe. 11. In case of the eviction of Licensee by any one owning or claiming title to or any interest in said premises, or any part thereof, Santa Fe shall not be liable to Licensee for any damage of any nature whatsoever, or to refund any moneys paid hereunder. 12. Any notice to be given by Santa Fe to Licensee hereunder shall be deemed to be properly served if the same be delivered to Licensee or if deposited in the Post Office, postpaid, addressed to Licensee at P.O. Box 2000, Lubbock, Texas 79457. 13. In the event Licensee herein consists of two or more parties, all the covenants and agreements of Licensee herein contained shall constitute the joint and several covenants and agreements of such parties. 14. This license may be terminated by either party hereto upon one (1) months' notice in writing to be served upon the other party, stating therein the day of the month that such termination will take place; and upon the expiration of the time specified in such notice this license, and all rights and privileges of Licensee thereunder, shall absolutely cease. This license shall terminate in any event immediately upon the death of the Licensee, if the sole Licensee is an individual. 15. This license shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns; provided, however, no assignment hereof by Licensee, Licensee's legal representatives, successors or assigns, nor any subse- quent assignee, shall be binding upon Santa Fe without the written consent of Santa Fe in each instance, and at the option of Santa Fe this license shall be forfeited by any such voluntar assignment or by any assignment thereof by operation of law. IN WITNESS WHEREOF, the parties have executed this license in duplicate as of the day and year first above written. APPROVED: As to Description: /s/ E. W. Landreth For AGM - Engineering As to Sepcification: /s/ J. H. Nail Superintendent of Communications THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY By/s/ H. R. Hill Its Assistant to General Manager CITY OF LUBBOCK, TEXAS By /s/ Roy Bass Its Mayor 76-35-435-961 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 follow- ing resolution be passed authorizing the Mayor to esecute a contract between the City of Lubbock and the Urban Renewal Agency for acquisition relocation services in the Canyon Lakes Project. Jim Bertram, Director of Planning, appeared before the City Council and explained the terms of this contract. RFgnT_1TTT()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 an agreement between the CITY OF LUBBOCK and the Urban Renewal Agency for land acquisition and relocation services, 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 Ilth day of November, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ ROY BASS ROY BASS, MAYOR /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 136 lV 1976 CONTRACT FOR ACQUISITION AND RELOCATION SERVICE_S_- CANYON LAKES PROJECT This contract made this llth day of November, 1976, between the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS, hereinafter called "AGENCY", and the CITY OF LUBBOCK, TEXAS, hereinafter called "CITY", WITNESSETH: WHEREAS, the CITY has heretofore acquired certain lands pursuant to the execution of a project with the City of Lubbock, known as the "Canyon Lakes Project", funded partially by the Federal Government; and WHEREAS, the CITY is to acquire certain additional lands for the carrying out of such project and is desirous of having the AGENCY perform certain functions with respect to the acquisition of such lands and in the administration of the relocation activities anticipated to be necessary upon acquisition thereof; and WHEREAS, the AGENCY is desirous of performing the functions for the CITY with respect to the acquisition of such lands for such project and in the relocation activities anticipated to necessary upon acquisition thereof. NOW, THEREFORE, the parties hereto agree as follows: 1. The AGENCY shall furnish certain services with respect to the acquisition of certain parcels of land on behalf of the CITY for the "Canyon Lakes Project", the said parcels being designated as follows: a. Area 6 - Parcel 2; b. Area 2 - Parcel 2; c. Area 9 - Parcel 2; all of the said properties being located along Yellowhouse Canyon within the City of Lubbock, the acquistion of such being necessary for the completion of the CITY'S "Canyon Lakes Project". 2. The AGENCY will provide the following services with respect to the acquisition of said above parcels: A. Upon being provided with an appraisal of such properties by the CITY, the AGENCY will meet personally with each owner of the respective parcels of land to present a written offer based on the appraisal and established fair market value of the CITY. B. The AGENCY will deliver the written offer to purchase the property to the owner (based upon the CITY'S appraisal and established fair market value) together with a summary statement of the basis of the offer, prepared in accordance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970, hereinafter called the "ACT". C. The AGENCY'S negotiator will explain the policies and requirements of the CITY with respect to the acquisition of the parcels of real property to be acquired as are above set forth. D. The AGENCY will discuss the offer to purchase with the respective owners of the parcels of real property, including information contained in the summary statement of the basis of just compensation, and all other terms and conditions of the option to sell which will be presented to the respective owners thereof. E. The AGENCY will provide the owners of the respective parcels of the property every reasonable opportunity to present evidence which the owner belives to be relevant to the question of value and which may be suggested in the terms and conditions in the option as may be necessary and desirable, and to report any proposed modifications to the CITY. F. The AGENCY will contact all parties to obtain releases of liens or any other instruments which the CITY deems necessary for the purpose of securing fee simple title to all of the parcels to be acquired under this Agreement. G. The AGENCY will provide such services with respect to the coordination of the appraisers and review appraiser as may be necessary and as requested by the CITY. I 3. The AGENCY will provide relocation services with respect to the owners or tenants of j the parcels of real property which are to be acquired by the CITY as are above specified, in accordance with the Act, which will include: A. Notification to owners, tenants or any other person of relocation assistance that is available under the terms of the Act. B. Provide counseling services as are necessary to the displaced owners, tenants or any other person who is determined to be entitled to relocation assistance under the Act. C. Prepare all necessary claim forms, notices, or any other papers or documents as may be required by the Act and deliver such to the appropriate parties. 4. The AGENCY agrees to maintain such records as may be required by the Act, which is understood to govern the procedures employed in the acquisition of such parcels of real property for the purposes as are set forth herein. Upon completion of all services, including the herein - above specified relocation services for each parcel, the AGENCY will turn over all records relating thereto to the CITY. The AGENCY will not maintain any permanent records with respect to the parcels of real estate to be acquired under this Contract after the completion of such services as are specified to be performed by the AGENCY herein. 37 NOV 11 1976 5. The CITY agrees to provide such appraisals of the properties to be acquired for such project, as are above specified, in accordance with the Act. The costs of such appraisals shall be borne by the CITY. 6. The CITY will, based upon the appraisals and review appraisal of each parcel, establish the fair market value of each parcel and make all certifications relating thereto as are necessary under the Act. 7. The CITY will provide all legal services, surveys, certificates, or other instruments necessary for the acquisition and for relocation with respect to the parcels of land as are above set forth. 8. The CITY retains the right to make all final decisions with respect to the selection of appraisers, the establishment of fair market value, or any other decision relating to the eligibility of persons for the receipt of relocation assistance, insofar as the CITY is vested with discretion in such matters, or with respect to any other decision or approval that may become necessary in the acquisition of the properties which are the subject of this Contract. 9. The CITY will be responsible for the management of properties acquired hereunder after acquisition of the parcels as are set forth herein. 10. The CITY will make all payments and disbursements with respect to appraisal services, acquisition payments or relocation payments, or any other payments which may become due by virtue of the acquisition of the said above -described parcels for such project. 11. The CITY will be responsible for any eviction or condemnation proceedings that may become necessary and the AGENCY will not institute or take part in any such proceedings except that such AGENCY personnel providing the services as are specified herein to the CITY will be available to testify in Court if needed. 12. The CITY shall reimburse the AGENCY for the service of the AGENCY as are set forth herein, based upon an actual hourly time cost of the personnel of the AGENCY involved in providing the services, and the AGENCY shall bill the CITY therefor at the end of each month or at such time as the acquisition and relocation services for any particular parcel are completed, with the maximum compensation to be due the AGENCY for the total services to be performed and provided hereunder by the AGENCY to be $1,200.00. 13. This Agreement is subject to and hereby incorporates the provisions attached hereto as Exhibit "A". EXECUTED as of the date hereof. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer ATTEST: SECRETARY APPROVED AS TO FORM: CITY OF LUBBOCK /s/_Roy Bass _ Roy Bass, Mayor URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS CHAIRMAN CITY ATTORNEY 76-35-437-962 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (27) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the price and conditions of sale of Parcel 8-11 in the Coronado Urban Renewal Project Area to Dorothy Diamond for a consideration of $900 to be redeveloped as a single family residence. 76-35-437-963 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (28) Bass, Councilmen West, Jordan and McAlister voting Yea, none voting Nay that the following resolution be passed. Councilman Henry abstained from voting on this item. PF.gOT.TTTTnM 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 Paving Release, 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 llth day of November, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/_Roy Bass /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney LW.:, NOv 111976 THE STATE OF TEXAS COUNTY OF LUBBOCK I PAVING RELEASE WHEREAS, heretofore, on June 24, 1976, the City of Lubbock passed a Resolution being recorded in Volume 634, Pages 742-743, of the Deed of Trust Records of Lubbock County, Texas, such Reoolution containing a Declaration by the City Council for the necessity of street improve- ments, alley improvements and apportionment of costs for such improvements, and in such Resolu- tion there were included paving improvements for certain hereinafter described Paving Units; and, WHEREAS, a portion of A-460-24 as hereinafter (which includes Lots 468 through 476, Kuy- kendall Heights Addition) described is concerned with residential lots opposite commercial property and aare not to be assessed; and the entire Subunit A-460-25 as hereinafter described has already been paved and paid for and no assessment lien is needed thereon; and a portion of 2229-83 (including Lot 3, Splawn Henry Addition) as hereinafter described already has an escrow deposit in the City of Lubbock's prepaid paving account for paving costs and no assessment lien is needed thereon; and 2233-7 is an intersection at 50th Street and Indiana fully paid as to paving costs by the City of Lubbock and no assessment lien is needed thereon; and a portion of 2233-5 (including Lots 1A, 5A, 7, 8,11, 12, 15, 16, 19 and 113, University Pines Addition) as hereinafter described already has an escrow deposit in the City of Lubbock's pre- paid paving account for paving costs and no assessment lien is needed thereon. KNOW ALL MEN BY THESE PRESENTS: THAT the City of Lubbock, acting by and through its duly authorized Mayor in consideration of the premises, does hereby and by these presents, RELEASE, RELINQUISH and FOREVER QUIT CLAIM to the owner or owners, their heirs, administrators, executors and assigns, all right, title and interest the City of Lubbock may have in and to all these lots, tracts or parcels of land being situtated in the City of Lubbock, Lubbock County, Texas, and being further described as follows: to -wit: UNIT AND SUB -UNIT NO. ALLEYS FROM TO A Portion of A-460-24 between Slide Road & York Ave. 48th St. 50th St. Being L Lots 468 through 476, Kuykendall Heights Addition. Being all of Subunit A-460-25 Indiana Ave. to Hartford Ave. 2nd Pl 3rd St. Being the East-West Alley between 2nd Place and 3rd Street from its intersection with the east property line of Indiana Avenue to its intersection with a line 150 feet east of the east property line of Indiana Avenue. STREETS A portion of 2229-83 Englewood Avenue 46th St 50th St. Being Lot 3, Splawn Henry Addition 2233-7 50th Street & Indiana Avenue Intersection Intersection of 50th Street & Indiana Avenue A portion of 2233-5 S. University Avenue 82nd St. 98th St. Being Lots 1A, 5A, 7, 8, 11, 12, 15, 16, 19 and 113, University Pines Addition. This release affects only the property hereinabove described and in no way affects any property or liens not specifically described herein, and all liens and apparent liens against owners not otherwise release are hereby expressly retained. Executed this llth day of November, 1976. CITY OF LUBBOCK ATTEST: /s/ Roy Bass /s/ Treva Phillips ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 76-35-438-964 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (29) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize publication of Notice to Bidders for the developers of Raintree Addition,'Lots 361-517, for paving improvements. 76-35-438-965 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (30) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RRRnTJTTTnM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR and the CITY COUNCIL of the CITY OF LUBBOCK, BE and are hereby authorized and directed to execute an Agreement between the City of Lubbock and the State of Texas, act- ing by and through its State Highway and Public Transportation Commission covering construction on Quirt Avenue, attached herewith which shall be spread upon the Minutes of the Council and as spread upon the Minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this llth day of November, 1976. 439 NOV 11 197( 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 TRAVIS I /s/ Roy Bass__ ROY BASS, MAYOR THIS AGREEMENT, made this llth day of November, 1976, by and between the City of Lubbock, Texas, hereinafter called the "City", Party of the First Part, acting by and through its City Council and the State of Texas, hereinafter called the "State", Party of the Second Party, acting by and through its State Highway and Public Transportation Commission. WHEREAS, the City desires the construction of concrete curb and gutter, additional base and surface, installing conduit and incidental items within the limits in Lubbock on Quirt Avenue from Regis Street, south to Loop 289 on Metropolitan Highway No. 53, which is solely the City's responsibility and the City has requested the State to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expense, excluding preliminary engineering. The estimated constructioIji cost of this work is Two Hundred Nine Thousand and No/100 Dollars ($209,000.00), including contingencies and construction engineering, and I WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 69338, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City, a warrant or check made payable to the State Treasurer, Account of Trust Fund No. 927 in the amount of Two Hundred Nine Thousand and No/100 Dollars ($209,000.00), to be used in paying for the proposed work required by the City in the City of Lubbock. It is further under- stood that the State will construct only those items for the City as requested and required by the City and the entire cost of such items, excluding preliminary engineering, will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvements it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forthwith supplement this amount by an amount equal to the City's full estimated or actual share of the cost of this work less the amount previously paid into Trust Fund No. 927. In the event the amount as paid is more than the actual cost, then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and construction engineer ing. It is further understood that the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 69338, as it applies to the City, a copy of which is attached hereto and marked "Exhibt A" and made a part of this agreement. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the date above stated. CITY OF LUBBOCK STATE OF TEXAS Party of the First Part STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION By: Party of the Second Part Mayor By: Certified as being executed for the purpose Member of City Council and effect of activating and/or carrying out the By: orders, established policies, or work programs Member of City Council heretofore approved and authorized by the State By: Highway and Public Transportation Commission: Member of City Council By: By: Asst. Engineer -Director under authority of Member of City Council Commission Minute 70104 Recommended for execution: (State) Director, Finance 76-35-430-966 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (31) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7362 on first reading. ORDINANCE N0. 7362 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 440 �OV isle The sum $209,000.00 For the following purpose: Payment to State Department of Highways and public transportation for construction work Quirt Avenue - Loop 289 to the Airport Road. 76-35-440-967 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (32) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7363 on first reading. ORDINANCE NO. 7363 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Sewer Bond Fund The sum $53,658,47 For the following purpose: City's share of extending 21 inch sewer trunk main from 73rd Street and Bangor Avenue to 68th Street and Bangor Avenue. 76-35-440-968 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 pass Ordinance No. 7364 on first reading. ORDINANCE NO. 7364 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Project Fund The sum $5,873.78 For the following purpose: Complete water line loop in the 5600 block of Brownfield Highway 76-35-440-969 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 Nay that the follow- ing resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Lots 1A, 2A, 3A, A through R, Fiesta Autoland Center Addition. WHEREAS, the developer of Lots IA, 2A, 3A, A through R, Fiesta Autoland Center Addition, has complied with the provisiions 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 $53,662.83 with the improvements constructed by Panhandle Construction Company having a value of $50,788.04 as determined by the unit prices established by said Chapter 34, and $2,874.79 cash paid to the City, with Pat Melton, the developer, to receive a refund of deposit in the amount of $16.00 and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervison 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 a refund of deposit be made in the amount of $16.00. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS llth day of November, 1976. Attested: /s/ Roy Bass Roy Bass, Mayor /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer Approved: /s/ Wilford D. Watson Wilford D. Watson, City Engineer Approved: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Nov 11 1976 76-35-441-970 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. 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 Underground Telephone Lines Land Use Permit Agree- ment to be entered into by and between the City of Lubbock and Southwestern Bell Telephone Company (as Permittee), being in the South half of Section 2, Block 13, Lubbock County, Texas; attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this llth day of November, 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 UNDERGROUND TELEPHONE LINES LAND USE PERMIT AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK X THIS AGREEMENT entered into as of the llth day of November, 1976, by and between the CITY OF LUBBOCK, a Texas Home Rule Municipality, herein called "CITY", acting through its MAYOR hereunto duly authorized and SOUTHWESTERN BELL TELEPHONE COMPANY, a corporate public utility company, incorporated in Missouri, acting by and through its undersigned officers hereunto duly authorized, herein called "PERMITTEE", as follows: KNOW ALL MEN BY THESE PRESENTS: I. THAT in consideration of ONE AND N0/100 ($1.00) DOLLARS and other good and valuable con- sideration and the mutual agreements to be kept and performed by the undersigned parties, the CITY does hereby grant unto PERMITTEE a permit to lay, construct, repair, maintain, and use an underground telephone line or lines in, upon, under, along, and across the following des- cribed real estate owned and controlled by said CITY, to -wit: Being in the South half Section 1, Block B, Lubbock County, Texas, described as follows: A twenty (20) foot strip of land being North of, parallel with and adjacent to the North right-of-way line of Farm to Market Highway 835 (East 50th Street). Then adjacent to and conform to the radius of the right-of-way curve marking the Norhtwest part of the inter- section of Farm Market 835 and Loop 289 until it extends 220 feet North of the South line of Section 1, Block B., Lubbock County, Texas SAID telephone line or lines shall be buried at least forty (40) inches below the surface of the ground and/or paved surface under which it lies. II. PERMITTEE after construction, shall, at its cost, restore the surface to its original condition. PERMITTEE at its own cost and subject to the supervision and control of the CITY shall locate, construct, and maintain said telephone line or lines in such a manner that it ' will not at any time be a source of danger to or interfere with access to or operation of any Municipal facilities and the safety thereof, and PERMITTEE agrees that at any time CITY builds any improvements and/or facilities which necessitates removal or relocation of PERMITTEE'S telephone line or lines, that PERMITTEE will forthwith accomplish such relocation or removal as requested by CITY at the cost and expense of PERMITTEE, and thereafter maintain its telephone line or lines as designated by the CITY. PERMITTEE agrees that at all times it will indemnify and save harmless the CITY against all claims, demands, actions or causes of action, arising or growing out of any damage to property or injury to or death of persons which may be due in any manner to the construction, use, maintenance, state of repair or presence of the telephone line or lines installation and to pay the CITY the full amount of any loss or damage which it may sustain, incur or become liable for on account thereof. IV. THIS PERMIT is given by the CITY and accepted by PERMITTEE upon the express condition that the same is, and at all times shall be revocable at the will of the CITY; and whenever requested so to do by the CITY, PERMITTEE agrees at PERMITTEE'S expense to remove said telephone 51A X �av � i ti97� line or lines installation from the property of the CITY and restore said property to the same condition in which it was prior to the placing of said telephone line or lines installation thereon. In case PERMITTEE shall fail to restore the CITY'S premises as aforesaid within thirty (30) days, CITY may proceed with such work at the expense of PERMITTEE. No termination hereof shall release PERMITTEE from any liability or obligation hereunder, whether of in- demnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or such later date when the telephone line or lines installation may be removed and said premises restored as hereinabove provided. M THIS AGREEMENT shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns, but no assignment hereof by PERMITTEE shall be binding upon the CITY without the written consent of the CITY in each instance. VI. THE Term of this grant shall be from year to year (without renewal) not to exceedtwenty (20) years unless sooner revoked at the will of CITY as provided in Sections IV and VII hereof. VII. ANY Notice, Request, Instructions or Revocation of this license to be given by CITY to PERMITTEE hereunder shall be deemed to be properly served if delivered to PERMITTEE or if deposited in the Post Office, postpaid addressed to PERMITTEE at 1405 Main Street, Lubbock, Texas 79401, or to the lastknown address of PERMITTEE. VIII. PERMITTEE by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and PERMITTEE waives any and all claims in and to the property it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this permit. IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, the day and year first above written. ATTEST: /s/ Treva Phillips _ Treva Phillips, City Secretary -Treasurer ACCEPTED: CITY OF LUBBOCK /s/ Roy Bass ROY BASS, MAYOR SOUTHWESTERN BELL TELEPHONE COMPANY, INC. ATTEST: CHESTER TODD, Vice President and General Manager Secretary 76-35-442-971 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (36) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed authorizing the Mayor to execute an agreement between the City of Lubbock and Lubbock County Hospital District for use of City property for EMS communications with the understanding that the City will not be obligated in any way in the future. 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 Agreements with the Lubbock County Hospital District covering installation of Communications Equipment, 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 llth day of November, 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 THE STATE OF TEXAS I COUNTY OF LUBBOCK I AGREEMENT This Agreement is between the LUBBOCK COUNTY HOSPITAL DISTRICT, hereinafter referred to as "DISTRICT", and the CITY OF LUBBOCK, TEXAS, hereinafter referred to as "CITY", 3 NOV 1 Z 197E WITNESSETH: WHEREAS, the CITY owns and maintains a radio communications system located on city pro- perty and situated Northeast of the Lubbock Power and Light Warehouse building on Municipal Drive, Lubbock, Texas, the location of such being: West longitude: 101°50'15.3"; North latitudel- 33°36'5.2"; the same being used principally by the City Departments for radio communications and transmissions; and WHEREAS, the DISTRICT desires to install, operate and use additional radio communications and transmission equipment on said property for a communications system for the Emergency Medical Services Program of the DISTRICT; and WHEREAS, it is deemed to be in the public interest for the DISTRICT to have permission to use said property for this purpose; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: THAT the CITY and the DISTRICT, in consideration of the mutual covenants and agreements herein contained, hereby agree as follows: t! I (1). The CITY agrees to permit the installation and operation of any and all equipment as determined by the DISTRICT to be necessary for a complete UHF Voice and Telemetry Communications System for the use by the DISTRICT in its Emergency Medical Services Program on the property of the CITY as is above located. (2). The CITY agrees to permit unrestricted ingress and egress by the DISTRICT, its employees, servants or agents to the property of the CITY as is above located for the purpose or purposes of preliminary planning, installation, operation, inspection, maintenance and re- pair of the equipment for the operation of the DISTRICT'S UHF Voice and Telemetry Communication System. (3). The DISTRICT agrees to the use of the property of the CITY for the design, installa- tion and operation of such equipment as determined by the DISTRICT to be necessary for a UHF Voice and Telemetry Communications System for its Emergency Medical Services Program on the said property at its expense. (4). The DISTRICT agrees that the communications system to be designed and installed on the said property of the CITY shall cause no interference with radio communications system of the City; and in the event that the initial installation and operation of the DISTRICT'S com- munications system causes intereferences with the communications system of the CITY, the DIS- TRICT shall bear the expense necessary to eliminate such interferences. (5). The DISTRICT agrees to bear all expenses for utilities for electricity and/or natural gas or other expense of operation for the UHF Voice and Telemetry Communications System to be installed by the DISTRICT on and in conjunction with the said property of the CITY. (6). The DISTRICT agrees to bear such expenses as are necessary for the installation of a refrigerated air-conditioning unit in the concrete block communications building currently situated upon the property of the CITY as above described and located. (7). The DISTRICT shall indemnify and save the CITY harmless from any and all claims for damages to property or injury to persons caused as a result of the use of the property of the CITY, or in the installation, use, maintenance, repair or removal of such communications equip- ment of the DISTRICT thereof, due to the negligence of its employees, agents or servants, (in- sofar as the DISTRICT may be held liable therefor under law) and the CITY shall not be liable for any claim for property damage or injuries to persons resulting from the use of the property of the CITY by the DISTRICT. The DISTRICT shall in all contracts for installation or repair of any equipment or improvements require its contractor to provide evidence that CITY is in- cluded as a named insured to indemnify CITY. (8). In the event that either party to this Agreement should desire to terminate either the permission to use or the use of the property which is the subject hereof, written notifica- tion thereof shall be given at least 120 days in advance of the termination date with notice to the CITY to be given to the City Manager at City Hall, Lubbock, Texas, and notice to the DISTRICT to be given to the Executive Director of the DISTRICT at the general offices of the DISTRICT in Lubbock, Texas; in the event permission is to be revoked or the use of the pro- perty is to be discontinued, the DISTRICT shall bear all expenses necessary for the orderly removal of its communications equipment which is to be installed by the terms of this Agreement, and shall restore the property of the CITY to substantially the same condition prevailing pre- vious to this Agreement. EXECUTED this lath day of November, 1976. ATTEST: Secretary to the Board of Managers LUBBOCK COUNTY HOSPITAL DISTRICT Chairman, Board of Managers CITY OF LUBBOCK /s/ Roy Bass ROY BASS, MAYOR 444 10 11197, THE STATE of TEXAS X COUNTY OF LUBBOCK X AGRIiT This Agreement is between the LUBBOCK COUNTY HOSPITAL DISTRICT, hereinafter referred to as "DISTRICT", and the CITY OF LUBBOCK, TEXAS, hereinafter referred to as "CITY", WITNESSETH: WHEREAS, THE CITY owns certain real and personal property located at the intersection of Southeast Drive and 66th Street, Lubbock, Texas, the current use of the same being for a communications system, with attendant receivers, transmitters, tower, antenna and miscellaneous equipment, used principally by the City Police Department for radio communications and trans- missions; and WHEREAS, a portion of the communications equipment stuated upon the real property of the CITY was installed and is owned by Lubbock County, Texas, for the use and operation of the Sheriff's Department of Lubbock County, Texas, in conjunction with the City Police Department with regard to radio communications and transmissions; and WHEREAS, the DISTRICT desires to install, operate and use additional radio communications and transmission equipment for a communications system for the Emergency Medical Services Program of the DISTRICT and the DISTRICT desires the use of the said property for such program, WHEREAS, it is deemed to be in the public interest for the DISTRICT to have permission to use said property for this purpose, NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT the CITY and the DISTRICT, in consideration of the mutual covenants and agreements herein contained, hereby agree as follows: (1). The CITY agrees to permit the installation and operation of any and all equipment as determined by the DISTRICT that is necessary for a complete UHF Voice and Telemetry Communi- cations System for the use by the DISTRICT in its Emergency Medical Services Program on the property of the CITY at the intersection of Southeast Drive and 66th Street, Lubbock, Texas, as is described in the attached Exhibit "A". (2) The CITY agrees, at its expense, to be responsible for the mowing of weeds and grasses, and for general maintenance of the property to be used by the DISTHCT outside of a fence to be erected by the DISTRCT (as is hereinafter set forth). (3). The CITY agrees to permit unrestricted ingress and egess by the DISTRICT, its employees, servants or agents, to the property of the CITY as is described herein for the purpose or purposes of preliminary planning, installation, operation, inspection, maintenance and repair of the equipment for the operation of the UHF Voice and Telemetry Communications System. (4.) The DISTRIT agrees to the use of the property of the CITY for the design, installa- tion and operation of such equipment as determined by the DISTRICT that will be necessary for a complete UHF Voice and 161emetry Communications System on the said property at its expense. Such design shall be to utilize space for one antenna at or below the 270 foot level on the tower. (5) The DISTRICT agrees that the Communications System to be designed and installed on the said property of the CITY shall cause no interference with the radio communications system of the City Police Department in its communications and transmissions; and in the event that the intital installation and operation of the DISTRICT'S communications system causes interferences with the communications system of the CITY, the DISTRICT shall bear the expense necessary to eliminate such interferences. (6) The DISTRICT agrees to bear all expenses for utilities for electricity and/or natural gas or other expense of operation for the UHF Voice and Telemetry Communications System to be installed by the DISTRICT on the said property of the CITY. (7) The DISTRICT agrees to install a fence to accomodate the communications equipment and the portable building housing such on the said property of the CITY in the approximate location as shown on the attached Exhibit "B". (S) The DISTRICT agrees, at its expense, to be responsible for the mowing of weeds and grasses and for the general maintenance of the grounds within the confines of the fence (as set forth on Exhibit "B") to be installed and erected by the DISTRICT on the said property of the CITY. (9) The DISTRICT agrees to bear all expenses, if any, for the moving or rearranging of the existing building, storage tank and other equipment currently situated on the said property if necessary for the proper installation of the UHF Voice and Telemetry Communications System as contemplated by this Agreement. (10) The DISTRICT shall indemnify and save the CITY harmless from any and all claims for damages to property or injury to persons caused as a result of the use of the said property or injury to persons caused as a result of the use of the said property of the CITY (and the personal property and equipment of the County located upon the same), or in the instalhtion, use, maintenance, repair or removal of such communications equipment of the DISTRICT thereon, due to the negligence of its employees, agents or servants, (insofar as the DISTRICT is liable 445 NOV 11 19M therefor under law) and the CITY shall not be liable for any claim for property damage or injuries to persons resulting from the use of the property of the CITY by the DISTRICT. The DISTRICT shall in all contracts for installation or repair of any equipment or improve- ments require its contractor to provide evidence that CITY is included as a named insured to indemnify the CITY. (11). In the event that either party to this agreement should desire to terminate either the permission to use or the use of the property which is the subject hereof, writlen notifi- cation thereof shall be given at least 120 days in advance of the termination date with notice to the CITY to be given to the City Manager at City Hall, Lubbock Texas, and notice to the DISTRICT to be given to the Executive Director of the DISTRICT at the general offices of the DISTRICT in Lubbock, Texas; in the event permission is to be revoked or the use of the property is to be discontinued, the DISTRICT shall bear all expenses necessary for the orderly removal of its communications equipment which is to be installed by the terms of this Agreement, and shall restore the property of the CITY to substantially the same condition prevailing previous to this agrasnent . EXECUTED THIS llth day of November, 1976. LUBBOCK COUNTY HOSPITAL DISTRICT By: Chairman, Board of Managers ATTEST: Secretary to the Board of Managers CITY OF LUBBOCK By:/s/ Roy Bass ROY BASS, MAYOR 76-35-445-972 Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, (37) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed authorizing the Mayor to execute an Agreement for promotional purposes between the City of Lubbock and the Lubbock Convention and Tourism Bureau with the understand- ing that the City Council be furnished a detailed report on a quarterly basis. RTC OT.TTTTON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK an AGREEMENT for promotional purposes between the City of Lubbock and the Lubbock Convention and Tourism Bureau, 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 llth day of November, 1976. ATTEST: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva Phillips y Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Frec 0. Senter, Jr., City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK THIS agreement, herein called "City", called "Bureau", I KNOW ALL MEN BY THESE PRESENTS: I entered into by and between the City of Lubbock, a Municipal Corporation, and the Lubbock Convention and Tourism Bureau, a corporation, herein W I T N E S S E T H: WHEREAS, the City has caused to be constructed certain facilities known and designated as the Memorial Civic Center and the Auditorium -Coliseum created and designed or adaptable for Conventions of various organizations or associations, and, WHEREAS, it is the desire of the City of Lubbock to have these facilities promoted for these uses and purposes to the fullest practical extent, and WHEREAS, Bureau has been organizaed and established among other purposes to promote and foster the City of Lubbock as a Convention Center and to provide professional services to groups desiring to hold conventions in the City of Lubbock. NOW THEREFORE, the parties hereto agree as follows, subject to the terms and conditions hereinafter stated: It is agreed that the Bureau shall be obligated to furnish to the City its professional services to promote, aid, and assist all organizations desiring to hold conventions in the City of Lubbock. It is further agreed and understood that the Bureau shall be diligent in e aov 1,197, promoting the Civic Center and Auditorium Coliseum, and coordinate its activities with the Director of the Civic Center in such manner as to schedule as many conventions as may be de- termined feasible to economically utilize all adaptable facilities owned by City. II. It is agreed that City shall pay to Bureau the sum of $50,000.00 per annum to be paid as follows: $12,500.00 upon exeuution of this Agreement and $12,500.00 due and payable on the first day of each succeeding quarter thereafter throughout the term of this agreement. It is agreed and understood by the parties hereto that the terms of this agreement may be terminated by either party hereto upon ninety days written notice. EXECUTED this the llth day of November, 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 ATTEST: Lubbock Convention and Tourism Bureau Secretary CITY OF LUBBOCK /s/ Roy Bass ROY BASS, MAYOR LUBBOCK CONVENTION AND TOURISM BUREAU by Dr. James Granberry, President 76-35-446--973 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (39) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to engage the firm of Mason, Nickels and Warner (the firm now conducting the annual audit for the City of Lubbock) to conduct a financial and compliance audit of 10 Library grants totaling $431,524 and for the Human Services Development grant totaling $18,355. 76-35-446-974 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (40) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION ACCEPTING GRANT OFFER AND APPROVING AND ENTERING INTO GRANT AGREEMENT BE IT RESOLVED by the Mayor and City Council of the City of Lubbock, Texas, (Hereinafter termed "City") : SECTION 1. THAT the City, acting through its Mayor and City Council, hereby accepts the Grant Offer as made by the Acting Chief, Albuquerque Airports District Office, Southwest Region, Federal Aviation Administration, under date of October 20, 1976, for the purposes therein set out; that said City hereby accepts all of the terms, conditions, and obligations therein and thereby imposed, and by acceptance of same does ratify the Application for Federal Assistance, and acknowledge such instruments as constituting a solemn and binding agreement with the United States Government for the purposes of obtaining Federal aid in the development of the Lubbock Regional Airport, and that a copy of such agreement is attached hereto, incorporat- ed herein by reference, and made part hereof as though set forth at length herein. SECTION 2. THAT the Mayor of the said City is hereby authorized and directed to evidence the City's agreement by affixing his signature to such agreement, which is hereby executed in sextuplicate, and the City Secretary -Treasurer is hereby authorized to attest said execution. Passed, Approved, and Adopted by a majority vote of the City Council of the said City and approved by me this 11th day of November, 1976. ATTEST: /s/ Treva Phillips Treva. Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney /s/ Roy Bass ROY BASS, MAYOR See Grant Agreement on file in the Office of the City Secretary. 76-35--446-975 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (41) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7365 on first reading. ORDINANCE NO. 7365 AN APPROPRIATION ORDINANCE NOV i r n r 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: Library Bond Fund The sum $4,158.54 For the following purpose: 1. For payment for work performed in the removal of a concrete building foundation. 2. For the purchase of items of equipment for the George and Helen Mahon Library. 3. To renovate chiller and cooling tower moved from temporary library plant to permanent Civic Center Plant. 76-35-447-976 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor (42) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. 1?T7 QnT TTTTnlT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement between the City of Lubbock and RON SEWELL FORD, INC., 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 Resolu- tion as if fully copied herein in detail. Passed by the City Council this llth day of November, 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 LEASE AMENDMENT This amendment forms a part of and amends the lease dated to begin September 1, 1976, between the City of Lubbock, Lessor, and Ron Sewell Ford, Inc., a Delaware corporation, of Lubbock, Texas, Lessee, pertaining to the following described property, to -wit: All of Lots One (1) through Ten (10), Block Seventy -Two (72), Original Town of Lubbock, Lubbock County, Texas; all of Lots Five (5) through Fourteen (14), Eighteen (18), and Nineteen (19), Block Seventy-one (71), Original Town of Lubbock, Lubbock County, Texas; all of Lots Seventeen (17) and Eighteen (18), Block Seventy-two (72), Original Town of Lubbock, Lubbock County, Texas; all of Lot Sixteen (16) Block Seventy-two (72), Original Town of Lubbock, Lubbock County, Texas. The original lease is hereby amended to include the following terms: FIXTURES The following attached fixtures owned by the Lessee, in the demised premises, shall be and remain the property of Lessee and may be removed at any time during the term of this lease or at the expiration thereof. (1) All hoists and lifts, electric and hydraulic (2) All heating and air conditioning units (other than the central systems which will stay with the building) (3) All time clocks (4) All air compressors and attachments (5) All engine stands and adaptors (6) All mechanical wall cabinets (7) Air conditioner leak detector (8) Florescent lights over benches (9) Front and alignment machine (10) Parts counters (11) Metal office partition (12) Tipson music and speakers (13) All intercommunications equipment (14) Sales office glass partitions (15) All cabinets in vault (16) Poles and fixtures and wiring for outside lighting at used car lots (17) DELETE (18) Security lights --alley (19) Bull pen fence (20) Lot fence ld8 111976 (21) Oil storage and pumps (22) Drapery (23) All water coolers (24) All signs, including service signs, sales signs and Ford signs (25) Humidifiers (26) Air tube intercommunications system (27) Gas pump and tank (installed behind service department which is property of Rip Griffin Oil Co.). Any such fixtures remaining in the premises after the expiration of the terms of this lease shall be deemed abandoned by the Lessee and shall become the property of the Lessor. Any damage to the demised premises caused by the removal of such fixtures, shall be repaired satisfactorily in a good workmanship manner by the Lessee. Where, in the opinion of the Lessee, the cost for repair to the damaged property would exceed the value of the fixtures, the Lessee may abandon the fixtures in lieu of repairing the property where the fixture is installed. DATED this llth day of November, 1976. /s/ Roy Bass Lessor Mayor of the City of Lubbock for the City of Lubbock /s/ Ron Sewell Lessee Ron Sewell, President of Ron Sewell Ford Inc. 76-35-448-977 The following bids were received for the purchase of kitchen equipment for the Civic Center, (43) being Bid No. 4109. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of K-Safe Restaurant Supply for the purchase of kitchen equipment for the Civic Center. 76-35-448-978 The following bids were received for the purchase of interior furnishings for the Civic Center, (44) being Bid No. 4103. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Hester's Office Supply Company for the purchase of interior furnishings for the Civic Center. Y 76-35-448-979 The following bids were received for the purchase of portable equipment for the Civic Center, (45) Being Bid No. 4111. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Lubbock Restaurant Supply for the purchase of Items 1, 3, 5 and 6; accept the bid of K-Safe Restaurant Supply for the purchase of Item 2. 76-35-448-980 The following bids were received for the purchase of gutter broom steel and polyethylene fila- (46) ment for Public Works, being Bid No. 4123. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of FMC Corporation Industrial Brush, Pomona, California, for the purchase of Item 1; accept the bid of Don A. Wren & Company, Pasadena, California for the purchase of Item 2. 76-35-448--981 The following bids were received for the purchase of high vacuum pump for Electric Distribution, (47) being Bid No. 4117. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Penwalt-Stokes, Dallas, for the purchase of high vacuum pump for Electric Distribution. 76-35-448-982 The following bids were received for the purchase of radio equipment for various departments, (48) being Bid No. 4133. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of General Electric Co. for the purchase of Item 1; accept the bid of Motorola, Inc., for the purchase of Item 2. 44 Nov z 76-35-449-983 The following bids were received for paving in Farrar Mesa Addition for the Engineering Depart- (49) ment, being Bid No. 4114. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of W. D. Turner Construction Co. for paving in Farrar Mesa Addition for the Engineering Department. 76-35-449-984 The following bids were received for the purchase of an automatic sprinkler system for the (50) Parks Department, being Bid No. 4099. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Goodyear Sprinkler Systems for the purchase of an automatic sprinkler system for the Parks Department. 76-35-449-985 The following bids were received for the purchase of an industrial tractor and equipment for (51) Electric Production, being Bid No. 4136. Bid Tabulation set in Bid Book. I After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Lubbock Ford Tractor, Inc., for the purchase of an industrial tractor and equipment for Electric Production. 76-35-449-986 The following bids were received for the purchase of a lawn and garden tractor and equipment (52) for Electric Production, being Bid No. 4137. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Lubbock Ford Tractor, Inc., for the purchase of a lawn and garden tractor and equipment for Electric Production. ' 76-35-449-987 (53) 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 appoint Mabry Brock to the Planning and Zoning Commission. This term is for three years and will expire November 16, 1979. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular, meeting November 11, 1976. lt,�L't ATTEST: ROWj 144-- Y BASIS, MAYOR Treva Phillips, Cit Secretary -Treasurer READ AND APPROVED THIS THE 9th day of December, 1976. ;L at .93 ATTEST: R0Y BA S, MAYOR Treva Phillips, City ecretary-Treasurer