HomeMy WebLinkAboutMinutes - City Council - Regular - 3/24/1977101
MAR 2 �_ 1977
REGULAR CITY COUNCIL MEETING
MARCH 24, 1977
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, Council-
man Bill McAlister, City Manager Larry Cunningham, City Attorney Fred 0. Senter, Jr., and City
Secretary -Treasurer Treva Phillips.
Absent: None
77-36-101-259 The invocation was given by Jim Bertram, Director of Planning.
(1)
77-36-101-260 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber.
(2)
At this point, Mayor Bass announced that the City Council would hold an Executive Session immedi-
ately after lunch, in accordance with Section 2-F, Article 6252-17, V.A.T.S.
77-36-101-261 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass,
(3) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve City Council
Minutes - Regular Meeting held March 10, 1977.
77-36-101-262 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. 7411 on second and final reading.
ORDINANCE NO. 7411
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:
The sum $12,485.00 Canyon Lakes Bonds
$12,485.00 HUD Grant Funds
$24,970.00 Total
For the following purpose: Park Improvements in the Yellowhouse Canyon Lakes in the form of
utility pole relocation.
77-36-101-263 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(12) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No.
7412 on second and final reading.
ORDINANCE NO. 7412
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:
The sum $ 31,325.00 Canyon Lakes Bond Funds
31,325.00 BOR Grant Funds
62,650.00 Total
For the following purpose: Land acquisition in the Yellowhouse Canyon Lakes - Area 2 Parcel 2
Area 9 Parcel 2.
77-36-101-264 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(13) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No.
7413 on second and final reading.
ORDINANCE NO. 7413
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate cer-
tain specific funds out of bond funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: Water
Capital Project Fund
The sum $41,515.90
12
MAR 2 4 1977
For the following purpose: Construct 16 inch water line in Indiana Avenue from 90th Street to
95th Street ahead of paving, and in 66th Street 700 feet west of
Elgin Street for pressure loop.
77-36-102-265 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(14) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No.
7415 on second and final reading.
ORDINANCE NO. 7415
AN ORDINANCE AMENDING CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS,
BY AMENDING SUBSECTION OF SECTION 34-95.1 THEREOF REGULATING THE CONSTRUCTION AND/OR MAINTENANCE
OF INDIVIDUAL SEWAGE DISPOSAL SYSTEMS; PROVIDING FOR A PERMIT AND A PERMIT FEE; PROVIDING A SAV-
INGS CLAUSE AND PROVIDING FOR PUBLICATION.
77-36-102-266 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 Ordinance
No. 7414 on second and final reading.
ORDINANCE NO. 7414
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTION OF ALLEY: A PORTION OF ALLEY IN
KEYSTONE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED
IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY
OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
77-36-102-267 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(16) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re-
solution be passed.
4Fe01r rrmrnri
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 Lubbock Real Estate Co.,
Inc., a Texas Corporation, also known as Lubbock Real Estate Co., Inc. DBA Landmark Realtors,
being one and same business entity, 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 24th day of March, 1977.
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 X
/s/ Roy Bass
ROY BASS, MAYOR
KNOW ALL MEN BY THESE PRESENTS:
QUITCLAIM DEED
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas,
for and in consideration of that sum of ONE AND N0/100 ($1.00) DOLLARS and other good and valuable
consideration to it in hand paid by Lubbock Real Estate Co., Inc., a Texas Corporation, also
known as Lubbock Real Estate Co., Inc. DBA Landmark Realtors, being one and same business entity,
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:
A portion of the alley in Keystone Addition to the City of Lubbock, Lubbock County, Texas,
being more particularly described as follows:
BEGINNING at the Northeast corner of Lot 46, Keystone Addition;
THENCE East a distance of 20.00 feet to the Northwest corner of Lot 45, Keystone Addition;
THENCE South a distance of 110.00 feet;
THENCE South 45° East a distance of 14.14 feet;
THENCE East a distance of 140.00 feet to the Southwest corner of Lot 40, Keystone Addition;
THENCE South a distance of 20.00 feet;
THENCE West a distance of 140.00 feet;
THENCE South 45' West a distance of 14.14 feet;
103
MAR 2 4 1977
i
THENCE South a distance of 145.00 feet to the Southwest corner of Lot 47, Keystone Addition; ..
THENCE West a distance of 20.00 feet to the Southeast corner of Lot 46, Keystone Addition;
THENCE North a distance of 295.00 feet to the PLACE OF BEGINNING.
TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges
and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and 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 24th day of March, 1977.
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
77-36-103-268 NOTICE
(19) OF
CITY COUNCIL HEARING
NOTICE is hereby given to owners of the property hereinafter described or referred to and to all
other persons as provided by law, that the City Council will hold a public hearing on the 24th
day of March, 1977, at 10:30 A.M., in the City Council Chamber on the Second Floor of the City Hall
in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the
zoning district of the property herein described be changed; and at which time and place all in-
terested persons will be given an apportunity to be heard, after which hearing, the City Council
will determine whether the Zoning Ordinance and map will be amended in accordance with such re-
commendation: I
AVENUE Y & 19th STREET
13th STREET & AVENUE T
15th STREET & AVENUE X
1. Zone Case No. 2016-A
Request of the City of Lubbock to change lots 6 thru 15, Block 2, Hankins Addition from R-3 to A-1;
Lots 14 thru 22, Block 25, Overton Addition from R-2 to A-1; and Lots 3 thru 12, Block 81, Overton
Addition from A-2 to R-2 Zoning District, City of Lubbock, Lubbock County, Texas.
The Planning and Zoning Commission recommended to the City Council that this request be granted.
UNIVERSITY AVENUE & 82nd STREET
2. Zone Case No. 2115
Request of J. D. Badley to change a tract of land out of Section 9, Block E, from T to R-1
Zoning District, property is further described by metes and bounds to wit:
BEGINNING at a point which is 1723 feet East and 150 feet South of the Northwest corner of
Section 9, Block E, said point being the Northeast corner of the tract;
THENCE S0002'09" East a distance of 2490 feet to a point; THENCE West 1053 feet; THENCE NO°02'09"
West a distance of 2490 feet; THENCE East a distance of 1053 feet to the Place of Beginning, and
Lots 588 thru 593, as shown on preliminary plat, Bicentennial Estates Addition, from R-1 to R-2
Zoning District, City of Lubbock, Lubbock County, Texas.
The Planning and Zoning Commission recommended to the City Council that this request be granted.
IDALOU HIGHWAY & EAST 1st STREET
3. Zone Case No. 2116
Request of Gordon Treadway (for Mrs. J.M. Zinn) to change a tract of land out of Section 3, Block
A, City of Lubbock, Lubbock County, Texas, from R-1 to M-1 Zoning District. Property is further
described by metes and bounds to wit:
BEGINNING at a 1/2" square tube set as the Southeast corner of this tract and in the East line of
the Southwest quarter of said section, from said tube the Southeast corner of the Southwest
quarter bears SO°08' West a distance of 1650 feet; THENCE S89°29'30" West a distance of 753.30 feet
to a 1/2" square tube set at the Southwest corner of this tract in the Southeast right-of-way line
of the Idalou Highway; THENCE N45°59' East along said right-of-way line, a distance of 387.80
feet to a 1/2" square tube set as the Northwest corner of this tract; THENCE N89°29'30" East along
the South line of a tract recorded in Volume 356, Page 331, a distance of 265.30 feet to a
1/2" rod set as the Southeast corner of said recorded tract; THENCE 45059' East along the East line
of said recorded tract, a distance of 90 feet to a 1/2" square tube set as the Northeast corner
of said recorded tract; THENCE N89°29'30" East a distance of 145.14 feet to a 1/2" square tube set
in the East line of the Southwest quarter of said Section, for the Northeast corner of this tract;
THENCE SO008' West along the East line of the Southwest quarter of said section, at 6.45 feet pass
a 3/4" rod set in the South line of 1st Street as recorded by Morning View Addition, Installment
#2, continuing for a total distance of 328.95 feet to the Place of Beginning.
The Planning and Zoning Commission recommended to the City Council that this request be granted
subject to the following conditions:
14
MAR 2 4 1977
1. That C-4 landscaping and setbacks be required.
2. That outside storage of raw materials be screened.
3. That the outside storage be limited to the height of the screening fence.
LOOP 289 & QUIRT AVENUE
4. Zone Case No. 1998-A
Request of Lloyd Croslin,_Jr, to change a tract of land out of Section 77, Block A, City of
Lubbock, Lubbock County, Texas to amend condition #6 of Ordinance 7081 to allow Oak Street to ex-
tend through to Loop 289. Property is further described by metes and bounds to wit:
BEGINNING at a point in the West line of Quirt Avenue and in the South line of Queen's Street,
said point bears South 1401 feet and West 30 feet from the Northeast corner of Section 77, Block
A, Lubbock County, Texas, said point also bears South 60 feet from the Southeast corner of Lot
18, Block 32, Carter -Coffey Addition to the City of Lubbock, Lubbock County, Texas; THENCE
SO°17' East along the West line of Quirt Avenue, a distance of 47.1 feet to a point of curvature;
THENCE Southwesterly, around a curve to the right, said curve having a radius of 215.00 feet, a
delta angle of 95°09', tangent lengths of 235.25 feet, and a chord distance of 317.41 feet to a
point in the North line of Loop 289; THENCE N85°8' West along the North line of Loop 289, a
distance of 515.7 feet, to a point of curvature; THENCE Westerly, around a curve in the North line
of Loop 289, said curve having a radius of 5879.65 feet, a delta angle of 5°12', tangent lengths of
266.99 feet, and a chord distance of 533.4 feet to a point in the North line of Loop 289; THENCE
S89°40' West along the North line of Loop 289, a distance of 2876.9 feet; THENCE N85°34' West along
the North line of Loop 289, a distance of 481.7 feet; THENCE S89°40' West along the North line of
Loop 289, a distance of 221.5 feet, to a point in the East line of Birch Avenue; THENCE 0020,
West along the east line of Birch Avenue, a distance of 150.00 feet to a point in the South line
of Queen's Street; THENCE N80°40' East along the South line of Queen's Street, a distance of
4859.45 feet to the Place of Beginning.
The Planning and Zoning Commission recommended to the City Council that this request be $ranted.
8th STREET & AVENUE R
5. Zone Case No. 2117
Request of Edward Elliott to change Lot 1, Block 115, Overton Addition, City of Lubbock, Lubbock
County, Texas, from R-2 to A-1 Zoning District.
The Planning and Zoning Commission recommended to the City Council that this request be granted
subject to the following condition:
1. That the five parking spaces be totally accessible.
82nd STREET & INDIANA AVENUE
6. Zone Case No. 1794-D
Request of Burl W. Masters (for Lewis & Lewis Development Company) for a Specific Use Permit
Zone Change, under provisions of Section 22.3-13 of the Zoning Ordinance, for a permit for the
development of a veterinary clinic on Tract L, Raintree Addition, City of Lubbock, Lubbock
County, Texas.
The Planning and Zoning Commission recommended to the City Council that this request be granted.
MILWAUKEE AVENUE & 26th STREET
7. Zone Case No. 1875-A
Request of Burl W. Masters (for Lubbock Baptist Association) for a Specific Use Permit Zone Change,
under provisions of Section 22.3-23 of the Zoning Ordinance for a retirement community development
on Lot 7, Commander's Addition, City of Lubbock, Lubbock County, Texas.
The Planning and Zoning Commission recommended to the City Council that this request be granted
subject to the following condition:
1. This be subject to a revised site plan before the first reading of City Council and an
approved plat before the second reading of City Council.
SLIDE ROAD & 66th STREET
8. Zone Case No. 2119
Request of Burl W. Masters (for Slaton Mortgage, Inc.) to change a tract of land out of Section
27, Block E-2, City of Lubbock, Lubbock County, Texas, from R-1 to C-2A Zoning District. Property
is further described by metes and bounds to wit:
BEGINNING at a point in the West line of Slide Road, which point is 60 feet West and 182.37 feet
South of the Northeast corner of Section 27, Block E-2, Lubbock County, Texas, the Northeast corner
of this tract; THENCE West 166.05 feet to a point for the Northwest corner of this tract; THENCE
South 140 feet to a point for the Southwest corner of the tract; THENCE East 166.05 feet to a point
in the West line of Slide Road for the Southeast corner of this tract; THENCE North along the
West line of Slide Road, 140 feet to the Place of Beginning.
The Planning and Zoning Commission recommended to the City Council that this request be_granted .
(City Seal) /s/ Treva Phillips
City Secretary -Treasurer
In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No.
2016-A - Request of the City of Lubbock to change property located west of Avenue Y and north of
19th Street from "R-3" to "A-1"; change property located north of 13th and about 50' east of Avenue
105
MAR 2 4 1977
s
T from "R-2" to "A-1"; change property located south of 15th Street and west of Avenue X from
"A-2" to "R-2". The Planning and Zoning Commission recommended that this request be granted.
Mayor Bass called for proponents and opponents to appear before the City Council. Roger Loter
appeared before the City Council speaking for Mrs. Eloise Elliott in favor of this zone change
request. Jim Bertram, Director of Planning, appeared and presented a drawing of this area. No
one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After con-
sideration of all information presented, motion was made by Councilman Henry, seconded by Council-
man West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea,
none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordi-
nance No. 7416 on first reading.
ORDINANCE NO. 7416
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK
SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2016-A; CHANGE LOTS 6 THROUGH 15, BLOCK 2,
HANKINS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-3 TO A-1 ZONING DISTRICT: CHANGE
LOTS 14 THROUGH 22, BLOCK 25, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2
TO A-1 ZONING DISTRICT; CHANGE LOTS 3 THROUGH 12, BLOCK 81, OVERTON ADDITION, CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, FROM A-2 TO R-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
77-36-105-269 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No.
(20) 2115 - Request of J. D. Badley to change property located about 150' south of 82nd and east of
University Avenue from "T" and "R-1" to "R-1" and "R-2" Zoning District. The Planning and
Zoning Commission recommended that this request be granted. Mayor Bass called for proponents and
opponents to appear before the City Council. J. D. Badley appeared in support of this zone change
request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed.
After consideration of all information presented, motion was made by Councilman Henry, seconded
by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister
voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and
pass Ordinance No. 7417 on first reading.
ORDINANCE NO. 7417
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. 2115; CHANGE A TRACT OF LAND OUT OF SECTION
9, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM T TO R-1 ZONING DISTRICT; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
77-36-105-270 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No.
(21) 2116 - Request of Gordon Treadaway (for Mrs. J. M. Zinn) to change property located east of Idalou
Road and south of East lst Street from "R-1" to "M-l" Zoning District. The Planning and Zoning
Commission recommended that this request be granted subject to the following conditions:
1. That "C-4" landscaping and setbacks be required;
2. That outside storage of raw materials be screened;
3. That the outside storage be limited to the height of the screening fence.
77-36-105-271
(22)
Mayor Bass disqualified himself from presiding over this hearing and Mayor Pro Tem West assumed
the Chair. Mayor Pro Tem West called for proponents and opponents to appear before the City Council
Gordon Treadaway appeared in support of this zone change request. Jim Bertram, Director of Plan-
ning, presented the recommendations of the Planning and Zoning Commission. No one else came for-
ward; whereupon, Mayor Pro Tem West announced that the hearing was closed. After consideration
of all information presented, motion was made by Councilman McAlister seconded by Councilman
Henry motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and McAlister
voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and
pass Ordinance No. 7418 on first reading subject to Condition No. 1 changing the percentage of
landscaping from 5% to 3%.
ORDINANCE NO. 7418
AN ORDINANCE AMENDING ZONING ORDINANCE 140. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBDCK
SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2116; CHANGE A TRACT OF LAND OUT OF SECTION
3, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO M-1 ZONING DISTRICT; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
At this time, Mayor Bass resumed the Chair.
In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No.
1998-A - Request of Lloyd Croslin, Jr., to change property located north of Loop 289 and west of
North Quirt Avenue by amending Condition No. 6 of Ordinance No. 7081. The Planning and Zoning
Commission recommended that this request be granted. Lloyd Croslin, Jr., appeared in support
of this zone change request. Jim Bertram, Director of Planning, presented the recommendations
of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Bass announced
that the hearing was closed. After consideration of all information presented, motion was made
by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West,
Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Plan-
ning and Zoning Commission and Pass Ordinance No. 7419 on first reading, but explore the possi-
bility of removing the median.
ORDINANCE NO. 7419
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7081 OF THE CITY OF LUBBOCK; ZONE CASE NO. 1998-A,
ALLOWING A FENCE OPENING TO PERMIT OAK STREET TO EXTEND TO LOOP 289 AMENDING CONDITION NO. 6
MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
MAR 2 4 1977
77-36-106-272 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No.
(23) 2117 - Request of Edward Elliott to change property located south of 8th Street and west of Avenue
R from "R-2" to "A-1" Zoning District. The Planning and Zoning Commission recommended that this
request be granted subject to the following condition:
That the five parking spaces be totally accessible.
Mayor Bass called for proponents and opponents to appear before the City Council. Edward Elliott
appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass
announced that the hearing was closed. After consideration of all information presented, motion
was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Council-
men West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations
of the Planning and Zoning Commission and pass Ordinance No. 7420 on first reading.
ORDINANCE N0. 7420
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. 2117; CHANGE LOT 1, BLOCK 115, OVER -TON ADDITION,
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO A-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
77-36-106-273 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No.
(24) 1794-D - Request of Burl W. Masters (for Lewis & Lewis Development Co.) to change property located
south of 82nd Street and about 500' west of Indiana Avenue by issuing a Specific Use Permit under
provisions of Section 22.3-13 of the Zoning Ordinance for the development of a veterinary clinic.
The Planning and Zoning Commission recommended that this request be granted. Mayor Bass called
for proponents and opponents to appear before the City Council. Burl W. Masters appeared in sup-
port of this zone change request. Jim Bertram, Director of Planning, presented the recommenda-
tions of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Bass
announced that the hearing was closed. After consideration of all information presented, motion
was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor Bass, Council-
men West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations
of the Planning and Zoning Commission and pass Ordinance No. 7421 on first reading.
ORDINANCE NO. 7421
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 1794-D;
CHANGE TRACT L; RAINTREE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C--2 TO C-2
SPECIFIC USE PERMIT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
77-36-106-274 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No.
(25) 1.875-A - Request of Burl Masters (for Lubbock Baptist Association) to change property located west
of Milwaukee Avenue and north of 26th Street by issuing a Specific Use Permit under provisions
of Section 22.3-23 of the Zoning Ordinance, for a retirement community development. The Plan-
ning and Zoning Commission recommended that this request be granted subject to the following
condition:
This be subject to a revised site plan before the first reading of City Council and an ap-
proved plat before the second reading of City Council.
Mayor Bass called for proponents and opponents to appear before the City Council. W. E. Medlock,
representing Lubbock Baptist Association, appeared in support of this zone change request. Burl
Masters appeared and presented a site development plan. Jim Bertram, Director of Planning, pre-
sented the recommendations of the Planning and Zoning Commission. No one else came forward;
whereupon, Mayor Bass announced that the hearing was closed. After consideration of all informa-
tion presented, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried,
Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold
the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7422 on first
reading.
ORDINANCE NO. 7422
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 1875-A;
CHANGE LOT 7, COMMANDER'S ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 SPECI-
FIC USE PERMIT; PROVIDING FOR CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
77-36-106-275 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. r (26) 2119 - Request of Burl Masters (for Slaton Mortgage, Inc.) to change property located west of
Slide Road and about 180' south of 66th Street from "R-l" to "C-2A" Zoning District. The Planning
and Zoning Commission recommended that this request be granted. Mayor Bass called for proponents
and opponents to appear before the City Council. Burl Masters appeared in support of this zone
change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was
closed. After consideration of all information presented, motion was made by Councilman Henry,
seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and
McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning
Commission and pass Ordinance No. 7423 on first reading.
ORDINANCE NO. 7423
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. 2119; CHANGE A TRACT OF LAND OUT OF SECTION
27, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-2A ZONING DISTRICT; PROVID-
ING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
107
MAR 2 4 1977
77-36-107-276 NOTICE OF PUBLIC HEARING COMMUNITY DEVELOPMENT PROGRAM
(27)
On March 24, 1977, 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 Com-
munity 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 Development Program:
purchase of park and bus benches.
In accordance with the above Notice of Public Hearing, hearing was held in regard to allocation
of 2nd Year Community Development contingency funds for acquisition of park and bus benches.
Mayor Bass called for all interested persons to appear before the City Council. No one came for-
ward; whereupon, Mayor Bass announced that the hearing was closed.
77-36-107-277 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor
(28) Bass, Councilwoman Jordan, Councilmen Henry and McAlister voting Yea, Councilman West voting
Nay that the following resolution be passed allocating 2nd Year Community Development contin-
gency funds for acquisition of park and bus benches.
77-36-107-278
(29)
RESOLUTION
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 ap-
proved by the Department of Housing and Urban Development (HUD) on May 26, 1976;
THAT, such amendment shall consist of the addition to the approved Community Development
Program of the following project: purchase of park and bus benches.
THAT, in relation to the amendment to the application the City of Lubbock hereby reaffirms
its assurance of compliance with all regulations as contained in the original application for
Block Grant Funds approved by HUD on May 26, 1976.
Passed by the City Council this 24th day of March, 1977.
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
The City Council reconsidered the installation of a traffic signal at 62nd Street and Slide Road. 1
Mr. Reuel Nash, who had requested the traffic signal at that location on February 12, 1976, has,
by letter, indicated that he is no longer interested in this signal as he has no more interest
in the shopping center site on the east side of Slide Road. Minuted action of the City Council on
February 12, 1976, authorized the traffic signal at this location, with the expense up to $10,000
to be paid by the developer. After consideration of all information presented, motion was made
by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West,
Jordan, Henry and McAlister voting Yea, none voting Nay to rescind the previous City Council action
authorizing this traffic signal.
77-36-107-279 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 to approve the
price and conditions of sale of Parcel 9B-13-12 in the NDP Second Action Year Area to I.P. Gill
Construction Company in the amount of $1,175 to be redeveloped as a single family residence.
77-36-107-280
(31)
77-3-107-281
(32)
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor
Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the
price and conditions of sale of Parcel 5B-15-2 in the Guadalupe Urban Renewal Area to Prudencio
Moncibaiz in the amount of $1,700 for landscaping.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor
Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the
price and conditions of sale of Parcel 5B-16-2A in the Guadalupe Urban Renewal Area to Luis Rey
Garcia in the amount of $1,400 to be redeveloped as a single family residence.
77-36-107-282 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor
(33) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the
price and conditions of sale of Parcel 5E-17-2 in the Guadalupe Urban Renewal Area to Gilbert
A. Flores in the amount of $14,000 for the purpose of landscaping and future business expansion.
108
MAR 2 4 1977
77-36-108-283 Motion was made by Councilman McAlister, seconded by Councilman Henry, 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 IMPROVEMENTS ON PORTIONS OF ALLEYS, AS LISTED BELOW AND ORDERING THE
ISSUANCE OF CERTIFICATES EVIDENCE OF ASSESSMENTS LEVIED.
WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and
resolutions and entered into contract with Commercial Concrete Construction Company (G.W.O. 10,922)
for the making and construction of street and alley improvements on portions of numerous alleys,
streets and avenues in said City including among others the following:
East-West Alley between 80th Street and 82nd Street from its intersection with the east pro-
perty line of Dover Avenue to its intersection with the west property line of Clinton
Avenue and the North -South Alley between Dover Avenue and Clinton Avenue and from its inter-
section with the north property line of 82nd Street to its intersection with the East-
West Alley north of 82nd Street known and designated as New Subdivision Sub -Unit Number 26
of Unit Number A-4 60 .
East-West Alley between 48th Street and 50th Street from its intersection with the East pro-
perty line of Slide Road to its intersection with the west property line of York Avenue known
and designated as New Subdivision Sub -Unit Number 24 of Unit Number A-460.
AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, have been
inspected and found to have been constructed in accordance with terms of said contract (G.W.O.
10,922).
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS:
I
That the improvements on said portions of the abovementioned alleys be and the same are here-
by accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's
portion of the Cost.
II.
That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver
certificates in evidence of the assessments levied against the parcels of property abutting upon
the said portions of the alleys listed above and against the owners of such property in accordance
with law and in the manner provided in said contract, and the proceedings with reference to said
improvements and assessments where such assessments were levied.
loop
This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 24TH DAY OF MARCH, 1977.
ATTEST:
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED:
/s/ RoX Bass
ROY BASS, MAYOR
APPROVED:
/s/ Wilford D. Watson /s/ Fred 0. Senter, Jr.
Wilford D. Watson, City Engineer Fred 0. Senter, Jr., City Attorney
777-36-108-284 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor
(35) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow-
ing resolution be passed.
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331,
the subdivider of Fiesta Autoland Center, Lots 1-A, 2-A, 3-A, and Tracts A through R, made ar-
rangement with Kerr Construction Company for the construction of paving improvements on certain
street dedicated in said subdivision under the provisions of said Ordinance prior to the record-
ing of the subdivision plat of Fiesta Autoland Center including the following street:
69th Street from its intersection with the east lip line of Slide Road to its intersection
with the south lip line of Loop 289 Access Road known and designated as New Subdivision
Sub -Unit Number 87 of Unit Number 2019.
AND WHEREAS, the construction of the above improvements on the abovementioned street was
performed under the supervision of the City Engineer, and said improvements have been completed
and have been inspected and found to have been constructed in accordance with City specifications
and in accordance with the provisions of City Ordinance 1331.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
�T.
MAR 2 4 1977
77-36-109-285
(36)
77-36-109-286
(37)
I.
That the improvements on said portions of the abovementioned street be and the same are
hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the
City's portion of the cost and to release escrow money.
II.
This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 24TH DAY OF MARCH, 1977.
ATTEST:
/s/ Treva Phillips
Treva Phillips, City Secretary
APPROVED:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
/s/ Roy Bass
ROY BASS, MAYOR
APPROVED:
/s/ Fred 0. Senter,Jr.
Fred 0. Senter, Jr., City Attorney
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 authorize
publication of Notice to Bidders on the 1977 Street Maintenance Project.
Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor
Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow-
ing resolution be passed.
PVCOT TTTTnXT
Resolution accepting water and sewer system improvements for Lots 734 thru 743 and Tract E,
Farrar Estates Addition.
WHEREAS, the Developer of Lots 734 thru 743 and Tract E, Farrar Estates Addition have com-
plied 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 $16,457.50 with the improvements construc-
ted by Panhandle Construction Company having a value of $7,815.09 as determined by the unit prices
established by said Chapter 34, and $8,642.41 cash paid to the City.
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. This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 24TH DAY OF MARCH, 1977.
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
77-36-109-287 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor
(38) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize the
purchase of four arms for filters at the Southeast Water Reclamation Plant from IMCO, which is
the manufacturer, and the only source for obtaining these arms.
77-36-109-288 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor
(39) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance
No. 7424 on first reading.
ORDINANCE NO. 7424
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain
specific funds out of bond funds for an approved project; WIDENING OF SLIDE ROAD.
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
110
MaR Z 4 137,
There is hereby appropriated out of the following described bond fund, to -wit: STREET
IMPROVEMENT BOND FUND GWO 10940
The sum $35,765.50
For the following purpose: Acquisition of Right -of -Way on East side of Slide Road.
Land only --------------------------- ---$31,950.00
Title Policies------------------------- 458.00
Appraisals----------------------------- 3,350.00
Filing Fees--------------------------- 7.50
Total ---- ------- ---------$35,765.50
77-36-110-289 The City Council considered an appropriation ordinance from Street Improvement Fund in the amount
(40) of $1,872.00 for acquisition of right-of-way to realign Boston Avenue at 34th Street and a counter
offer of the Trinity Baptist Church. After consideration of all information presented, motion
was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass,
Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pay Trinity Baptist
Church $68,000 in cash, permit the Church to keep the triangular piece of land on the east side
of the new alignment of Boston Avenue, with the condition that the Church put in landscaping on
the east side of realigned Boston with the landscape width to be negotiated with the Planning
Department to work out maximum parking; and, pass Ordinance No. 7425 as an emergency measure supple-
menting a previous appropriation ordinance for the acquisition of this property.
ORDINANCE NO. 7425
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate cer-
tain specific funds out of bond funds for an approved project, and this ordinance deals with the
daily operation of City departments in the public interest which creates an emergency; NOW THERE-
FORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: STREET
IMPROVEMENT BOND FUND GWO 10925
The sum $1,872.00
For the following purpose: Acquisition of Right -of -Way for realignment of Boston Avenue at 34th
Street.
Supplement to Appropriation Ordinance No. 7298 of 22 July 1976.
Additional needed for land --------------------- $ 753.00
Title Policy ---------------------- —"----- -- 414.00
Court Commissioners----------------------------- 375.00
Court Costs---------------------60.00
Appraisers Trial Testimony---------------------- 250.00
Filing Fee------------------------------------------ 20.00
Total ---- ----------------$1,872.00
WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of
this ordinance is declared to be an emergency measure thereby creating a public necessity that
the rule requiring proposed ordinances to be presented at two (2) separate council meetings be
dispensed with; and this ordinance shall be effective from the date of its passage.
77-36-110-290 Motion was made by Councilwoman Jordan, 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.
RFcnr.rrmrnu
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 8,625 inches diameter pipeline for carrying water, approximately 300 feet in length at or
near the station of Burris, 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 24th day of March, 1977.
ATTEST: Isl Roy Bass
ROY BASS, MAYOR
Isl Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
Isl Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
Ct 26774
Form 1653 Stondord
(Approved by General Solicitor)
PIPE LINE LICENSE
22nd Mruaty-------------------- 191--7_ ,
THIS LICENSE, Made this.-_----------- of________ ---- -------------
between ...... THE _ATC13 O'11y-TOFM&-AND-- --------- ---------------- ------ ------------ --'
corporation (hereinafter called "Licensor") , party of the first part, and
---------------CITY 9F_ LUDDO C[ . E`IEfS - - -- - - - - -- - - -- - -- - - - --- -------------------------------------------
a_ MZ1niCipa cozy°ration.. - - - --- --- ------ --- ---- ----- - -------------------------------
(hereinaf er, 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
1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee toeonstruct
and maintain__.---_one-.---�- - ------- ----------
------------------_--.. ,----
(� )pipe line--- 304-act-dxs Le&th--aa�- _- - ---- - - -------------------- ----------------------------------------
-
f_&fi25)_—._._______inches in diameter (hereinafter, whether one or moxe pipe lines, called the "PIPE
LINE"), across or along the right of way of Licensor at or near the station of ..-- Burrissv----------
Lubb.ock._r,ountYi-Te=saa------ --------------- ---- the exact location of the PIPE LINE being more particularly
shown by red coloring upon the print hereto attached, No ------ X.-11Z4_- ---• -----, dated..-FehFua ry--I.-f-s,-
-1917 --_ r - - _ _ _-------_---^------- , marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying .
_water..--_...---- 4--- -----•-
- - --------- -- -- ---- -- -------------- - ------------- -- - - - --- - - - - - soev r. - --
and shall not use it to carry any other commodity or for any other purpose whatsoever:
S. Licensee shall pay Licensor as compensation for this license the sum of____9ne:_hundred .Ti£ty
mad_ ho%3.. - - - --------------------------�..,.--
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
Of danger to or interference with the present or future tracks,
it will not at any time be a source
eration of its railroad. In cases where the Licensee
roadbed and property of Licensor, or the safe op
is permitted under paragraph 2 hereof to use the PIPE LINE for oil, gas, 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
rly its obligations under this paragraph, Li -
shall, in the judgment of Licensor, fail to perform propecensor 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 per-
form the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage
occasioned thereby.
5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to
s and for flagman to protect its traffic during installation of the PIPE LINE
support Licensor's track
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, resulting in any man-
e of the PIPE LINE, ner from the construction, main
a arisanceng out ofe(a) loor ss of or or damage to property, (b) injury t including
any such loss, damageexpensesments of any kind. death of persons, (c) mechanics' or other liens of any character, or
(d) taxes asses of the covenants7. If at any time Licensee shall fail or refuse to comply
herein contained Licensor may at its election forthwith revoke this license.
111
AR 2 4 1977
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:
1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee
to construct and maintain one (1) pipe line, 200 feet in length and (8.625) 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 Burris, Lubbock County, Texas the exact location
of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached,
No.X-1124 dated February 16, 1977, 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 / 100 ths--------------------------N-------- ($15 0.00) ------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 pressure,
the PIPE LINE shall be constru'eted, 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,
112
AAR 2 4 1977
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
77-36-112-291 Motion was made by Councilwoman Jordan, 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.
RESOLUTION
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 Avenue D for street purposes in said City creating a need for additional
right-of-way by said City to accomplish such purposes, and this City Council of said City finds
it to the best public interest and for public purposes and municipal purposes to proceed with the
acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following described real estate located in
Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in
the preamble hereof, to -wit:
A parcel of land described as the East 5.00 feet of Lot 14, Block 3-A, 2nd Installment,
Scales Addition to the City of Lubbock, Lubbock County, Texas.
SECTION 2. THAT the owners of said land including Antonio D. Carrasco and wife, Pauline
Carrasco, BE offered through the Right -of -Way Department of the City of Lubbock the amount of
$500.00, which is the amount appraised as the value and total damages for the fee simple title
and acquisition of said real estate hereinabove described for the purposes herein stated, for
the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted
forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to in-
stitute 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 24th day of March, 1977.
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
77-36-112-292 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor
(43) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow-
ing resolution be passed.
RF..RnT.TTTT(nT
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 Avenue D for street purposes in 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; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following described real estate located in
Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
A parcel of land described as the East 5.00 feet of Lot 14, Hicks Addition to the City of
Lubbock, Lubbock County, Texas.
SECTION 2. THAT the owners of said land including C.V. Wier and Dorothy F. Wier BE offered
through the Right -of -Way Department of the City of Lubbock the amount of $400.00, 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
1141"1
MAR 2 4 197
City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney
of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent
domain) proceedings to acquire the fee simple title to said land as hereinabove described for
public purposes and minicipal purposes.
Passed by the City Council this 24th day of March, 1977.
ATTEST:
/s/ Treva Phillips _
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
Isl Roy Bass
ROY BASS, MAYOR
77-36-113-293 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor
(44) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow-
ing resolution be passed.
RESOLUTION
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 Avenue D for street purposes in said City creating a need for additional right-
of-way by said City to accomplish such purposes, and this City Council of said City finds it to
the best public interest and for public purposes and municipal purposes to proceed with the
acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following described real estate located in
Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in
the preamble hereof, to -wit:
A parcel of land described as the East 5.00 feet of Lot 1, Block 3-A, 2nd Installment,
Scales Addition to the City of Lubbock, Lubbock County, Texas.
SECTION 2. THAT the owners of said land including Glenn E. Chowning and wife, Almariene
Chowning, BE offered through the Right -of -Way Department of the City of Lubbock the amount of
$500.00, which is the amount appraised as the value and total damages for the fee simple title
and acquisition of said real estate hereinabove described for the purposes herein stated, for the
use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted
forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to
institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land
as hereinabove described for public purposes and municipal purposes.
Passed by the City Council this 24th day of March, 1977.
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
77-36-113-294 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor
(45) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow-
ing resolution be passed.
RF.gnT.TTTT01q
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 Avenue D for street purposes in said City creating a need for additional right-
of-way by said City to accomplish such purposes, and this City Council of said City finds it to
the best public interest and for public purposes and municipal purposes to proceed with the ac-
quisition of lands as needed for such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following described real estate located in Lubbo
County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble
hereof, to -wit:
BEGINNING at a point which is 25.00 feet West of the Northeast corner of Lot 1, Block 1,
J.M. Stratton Subdivision, an addition to the City of Lubbock, Lubbock County, Texas;
THENCE West 5.00 feet, along the North line of Lot 1, to a point;
THENCE South 135.00 feet to a point;
i1_4
MAR 2 4 1977
THENCE East 5.00 feet to a point;
THENCE North 135.00 feet to the POINT OF BEGINNING.
SECTION 2. THAT the owners of said land including Rufus M. Hopper and wife, Cleo P. Hopper,
BE offered through the Right -of -Way Department of the City of Lubbock the amount of $600.00, which
is the amount appraised as the value and total demages 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 24th day of March, 1977.
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
77-36-114-295 The following bids were received for the purchase of pumper apparatus (fire truck) 1250 G.P.M.
(46) and equipment, being Bid No. 4353.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Henry, seconded by
Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister
voting Yea, none voting Nay to accept the bid of Pierce Manufacturing, Inc., Appleton, Wisconsin,
for the purchase of a triple combination custom pumper with diesel engine and Items 1, 3, 5 and
23; accept the bid of American La France, Elmira, New York, for the purchase of Items 2, 4, 6,
7, 9, 13, 17, 20, 21 and 22; accept the bid of Seagraves Fire Apparatus, Inc., Clintonville,
Wisconsin, for the purchase of Items 8, 10, 11, 14, 15, 16, and 19; accept the bid of Mack Trucks,
Inc., for the purchase of Items 12 and 18.
77-36-114-296 The following bids were received for the purchase of a tractor with backhoe and loader for the
(47) Cemetery, being Bid No. 4378.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Henry, seconded by
Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister
voting Yea, none voting Nay to accept the bid of farmer's Supply for the purchase of a tractor
with backhoe and loader for the Cemetery with the Council authorizing payment of this backhoe
with unappropriated Entitlement Period 6 Revenue Sharing Funds.
77-36-114-297 The following bids were received for the purchase of automobiles and stationwagon for various
(48) departments, being Bid No. 4373.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Henry, seconded by
Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister
voting Yea, none voting Nay to accept the bid of Caprock AMC & Jeep, Inc., for the purchase of
Items 1 and 5; accept the bid of University Dodge, Inc., for the purchase of Items 2, 3 and 4.
77--36-114-298 The following bids were received for the purchase of turbine and compound water meters for the
(49) Water Department, being Bid No. 4367.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Henry, seconded by Council-
woman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting
Yea, none voting Nay to accept the bid of Hersey Products, Inc., Dallas, for the purchase of
Items 1, 2, 4, 5, 6 and 11; accept the bid of Neptune Meter Co., Dallas, for the purchase of
Items 3 and 7; accept the bid of Viking Supply Co., Houston, for the purchase of Items 8, 9 and
10.
77-36-115-299 The following bids were received for the purchase of 15" PVC pipe for the Engineering Department,
(50) being Bid No. 4377.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Henry, seconded by
Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister
voting Yea, none voting Nay to accept the bid of Gifford -Hill Co. for the purchase of PVC pipe for
the Engineering Department.
77-36-115-300 The following bids were received for the purchase of traffic paint for Warehouse Stock, being
(51) Bid No. 4367.
115
MAR 2 4 1977
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Henry, seconded by
Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister
voting Yea, none voting Nay to accept the bid of Baltimore Paint & Chemical Co. Baltimore,
Maryland, for the purchase of traffic paint for Warehouse Stock.
77-36-115-301 The following bids were received for the purchase of sewer pipe and fittings for Warehouse
(S2) Stock, being Bid No. 4372.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Henry, seconded by Council-
woman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea,
none voting Nay to accept the bid of Fields and Co. for the purchase of sewer pipe and fittings
for Warehouse Stock.
77-36-115-302
Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass,
(53)
Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Charley Pope
to the Electric Utilities Board to replace John Oncken who resigned. This term expires June
30, 1978.
77-36-115-303
Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor
(54)
Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Roy
Middleton, Allen Rosen, Matthew Malouf and John W. "Dub" Malaise to the Civic Centers Board.
These terms are for three years and will expire August 1, 1979.
77-36-115-304
Arnold Maeker appeared beofre the City Council in regard to City Codes relating to the remodel-
(10)
ing of Metro Tower. Mr. Maeker referred to City Council minutes of March 28, 1974, and Fred
Senter's letter of May 2, 1975. A sketch showing proposed locations of smoke detectors on the
ground floor was enclosed in a letter from Arnold Maeker to Cecil Turquette, Building Inspection
Administrator. Mr. Maeker's interpretation of Mr. Senter's letter, as reflected on his drawings,
is that additional smoke dedectors would be sufficient to deviate from the original floor plan.
This request was submitted to Building Inspection on the assumption that a response would be made
as to whether or not it would work. The building official's understanding is that the proposed
construction is on the ground floor and does not come under the non -conforming status as per
Mr. Senter's letter of May 2, 1975. Mr. Maeker's position is that the whole building comes
within the intent of the Council's action and the City Attorney's letter, and therefore, he simply
installed additional smoke detection devices, consistent with any new construction on the ground
floor.
r
Mr. Maeker requested interpretation from the City Council on this matter.
Cecil Turquette, Building Inspection Administrator, and Tom Foster, Fire Chief also appeared in
this regard.
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 grant waiver, allowing Mr. Maeker to proceed with remodeling as
he had proposed. It was the consensus of the City Council that in the future, in situations such
as this, recommendations from the Building Board of Appeals be available for their consideration.
77-36-115-305 The City Council considered resolutions authorizing the Mayor to execute Fixed Base Operator
(55) Agreement, Lease Agreement and Consent Agreement covering lease of property to AvTech Aviation,
Inc., at the Lubbock Regional Airport. Marvin Coffee, Director of Aviation, appeared before the
City Council and explained that this was recommended by the Airport Board last September. After
consideration of all information presented, motion was made by Councilman Henry, seconded by
Councilman McAlister, motion carried, Mayor Bass, Councilwoman Jordan, Councilmen Henry and
McAlister voting Yea, none voting Nay to pass these resolutions. Councilman West abstained from
voting on this item.
RRgnT.1T'T'T0N
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 to Lease Tract 4 between the CITY OF LUBBOCK
and AVTECH AVIATION, INC., attached herewith which shallbe 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 24th day of March, 1977.
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
/s/ Roy Bass
ROY BASS, MAYOR
AGREEMENT TO LEASE
COUNTY OF LUBBOCK I
This agreement made and entered into by and between the City of Lubbock, acting by and
116
AR 2 4 1977
through the Lubbock Regional Airport Board, hereinafter called "Lessor", and AvTech Aviation,
a Texas Corporation with principal office in Lubbock, Texas, hereinafter called "Lessee",
WITNESSETH:
WHEREAS, the Lessor is the owner of one tract of land comprising approximately 70,131.6
square feet located immediately north of the old terminal at Lubbock Regional Airport, and more
specifically identified in the attached Exhibit "A", as Tract 4, which is incorporated herein
by reference, and,
WHEREAS, Lessee desires to enter into an agreement to lease said property and premises upon
the following terms and conditions:
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of the mutual benefits to the parties hereto, it is mutually
understood and agreed as follows:
1.
Lessor hereby grants to the Lessee the exclusive right to lease the premises and property
identified in the attached Exhibit "A" which is hereby incorporated herein by reference the same
as though copied herein in full at this point, subject to the terms of this agreement.
2.
The term of this agreement shall be one year, beginning on October 1, 1976, and ending on
September 30, 1977, provided however, that Lessee is hereby granted an option to renew and extend
the term of this agreement for an additional term of one year. Such option shall be exercised by
Lessee notifying the Lessor in writing thirty days prior to the expiration of the original term
of his desire and intention to extend this agreement for an additional term of one year. Pro-
vided, further, that this agreement may be superseded bya formal fixed base operator lease and
agreement as provided below.
3.
During the term of this agreement and any extension thereof Lessee agrees to pay to the
Lessor, as rental in advance, on or before the loth day of each month, an amount calculated on
the basis of an annual rental rate of $.0398 per square foot, or a total of $2,791.24, with each
monthly payment being 1/12th of the annual rental. The first monthly rental payment shall be
paid on October 1, 1976.
The parties hereto mutually agree that the rental rate will be adjusted upward or downward
for each ensuing year beginning in direct proportion to the fluctuation in the U.S. Department
of Labor, Bureau of Labor Statistics Cost of Living Index. For the purpose of computing all
adjustments, the Bureau of Labor Statistics Cost of Living Index as of January 1, 1976, shall
be construed as the base period, and adjustment will be made each January lst.
4.
The parties understand that it is the intention of Lessee to occupy the premises described
in the attached Exhibit "A" as a fixed base operator and at such time as Lessee notifies the
Lessor that he is ready, willing, and able to occupy the premises as a fixed base operator,
then it is agreed the parties shall enter into the standard fixed base operator's agreement and
lease provided by the Lessor for fixed base operators currently operating at Lubbock Regional
Airport, with such additions or modifications as may be mutually agreed by the parties. Upon
the execution of such fixed base operator's agreement and lease, this agreement shall terminate.
EXECUTED this 24th day of March, 1977.
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
City Attorney
RESOLUTION
THE CITY OF LUBBOCK
BY: /s/ oy Bass
Lessor
AVTECH AVIATION
BY: /s/
Lessee
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 Fixed Base Operator Agreement between the CITY OF
LUBBOCK and AVTECH AVIATION, 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 Resolution as if fully copied herein in detail.
Passed by the City Council this 24th day of March, 1977.
ATTEST: /s/ Rox Bass
/s/ Treva Phillios ROY BASS, MAYOR
El
�-1
Treva Phillips, City Secretary -Treasurer
11 i
MAR 2 11977
4P"
...
M"
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
FIXED BASE OPERATOR AGREEMENT
THIS LEASE AGREEMENT, made this 24th day of March, 1977, between the City of Lubbock, act-
ing by and through its duly authorized city representative (hereinafter referred to as "Lessor")
and AVTECH AVIATION, INC. under the laws of the State of Texas, with its principal office at
Lubbock, Texas (Hereinafter referred to as the "Lessee").
WITNESSETH
WHEREAS, Lessor owns and operates the Lubbock Regional Airport, located in Lubbock County,
Texas (Herinafter called the "Airport"), and
WHEREAS, Lessor deems it advantageous to itself and to its operation of the Airport to
lease unto Lessee the parcel of land described herein (hereinafter referred to as "Tract 3")
together with certain privileges, rights, uses and interests therein, as hereinafter set out,
and,
WHEREAS, Lessee is a corporation primarily engaged in commercial aviation retail sales and
the general activities of fixed base operation and aircraft sales, and,
WHEREAS, Lessee proposes to lease on a net basis from Lessor certain ground area and to
avail itself of certain privileges, rights and uses pertaining thereto, and,
WHEREAS, Lessee has indicated a willingness and ability to properly keep, maintain, and
improve said ground in accordance with reasonable standards established by Lessor,
NOW THEREFORE,
ARTICLE I
PREMISES AND PRIVILEGES
For and in consideration of the terms, conditions and covenants of this lease to be per-
formed by Lessee, all of which Lessee accepts, Lessor does hereby demise and lease unto Lessee
certain property (hereinafter called "Tract 3"), and certain attendant privileges, uses and
rights, as hereinafter specifically set out.
A. Description of Land Area Leased
1. Land Area - A 1.61 acre tract of land out of Section 28, Block A, Lubbock County,
Texas, and being more particularly described in Exhibit "A" attached and made part hereof.
Said tract contains 70,131.6 square feet and is located North of the old terminal
building on the West side of the Airport.
B. PURPOSE The purposes for which Lessee may use the premises described in paragraph 1
above are as follows:
1. Lessee may engage in the business of aeronautics, engine and aircraft repairs,
modifications, sales and renting of aircraft, sales of aircraft engine parts and accessories,
inspections, licensing, fabrication, aircraft components, flight instruction, storage of air-
craft and equipment, airplane charter flights and local short flights and may operate at the
Lubbock Regional Airport as a Fixed Base Operator.
2. Lessee may give flying instructions, provide pilots for planes for others, and carry
passengers and freight for hire, subject to all appropriate laws of the Federal Government,
the State of Texas, the County of Lubbock, Texas, and the requirements of all duly authorized
governmental agencies.
3. Lessee shall have a non-exclusive right to sell aviation fuel, oil and other pro-
pellants or lubricants to the general public at said airport.
ARTICLE II
A. The original term of this agreement shall commence on the 1st day of January, 1977,
and end on the 31st day of March, 1996, a term of nineteen years and three months. Lessee shall
have the option to extend this agreement for three five (5) year periods. Such option must be in
writing ninety (90) days prior to expiration date of original term or expiration of first or
second five (5) year option whichever applies.
b. The parties hereto mutually agree that the rental rate will be adjusted upward or down-
ward for each year beginning April 1, 1977, in direct proportion to the fluctuation in the U.S.
Department of Labor, Bureau of Labor Statistics Cost of Living Index. For the purpose of com-
puting all adjustments, the Bureau of Labor Statistics Cost of Living Index as of January 1,
1976, shall be construed as the base period.
c. NATIONAL EMERGENCY. In the event the rights and privileges hereunder are suspended
by reason of war or other national emergency, the term of this lease shall be extended by the
amount of the period of such suspension.
ARTICLE III
RENTAL AND FEES
In consideration of the rights and privileges herein granted, Lessee shall pay to the
11
�R 2 4 1977
City the following:
A. A fuel flowage fee of four cents (4 cents) per gallon of aviation fuel delivered to
Lessee or its agents at Lubbock Regional Airport, excluding that sold or delivered by Lessee
to a regularly certified airline under contract with the City of Lubbock as a part of the pe-
cuniary consideration herefor. Lessor shall be entitled to collect and Lessee agrees to pay such
fuel flowage fee, as determined by Lessor from time to time, for each gallon of aviation fuel
delivered for Lessee's consumption on said airport excepting that portion which is specifically
excluded, unless said flowage fee is paid by the supplier on behalf of Lessee. The aforesaid
flowage fee, if not paid by the supplier, shall be due on the first day of the month succeeding
that in which the aircraft fuels and lubricants are received by Lessee and shall be delinquent
if unpaid before the fifteenth day of each month. It is understood and agreed that the total
gallonage delivered to or purchased by Lessee, other than gasoline delivered to regularly sche-
duled airlines operating under contract with Lessor, may be reduced by an amount not to exceed
two (2%) percentum in computing charges as a maximum loss allowance from any and all causes.
B. Ground rental for the gross land area, leased hereunder, shown on Exhibit A containing
70,131.6 square feet as defined in Article I, Paragraph A at the rate of $.0398 per square foot
per year or as adjusted as outlined in Article II, B. above shall be paid to Lessor or Lessee.
Ground rentals shall be paid monthly in advance on the rental due hereunder at the rate of $232.60
per month.
C. Two Thousand Five Hundred Dollars ($2,500.00) is the established annual Fixed Base
Operator's fee; however, other applicable ground rent, fuel flowage fee shall be applied as
satisfying the requirements of the Fixed Base Operator fee. Amounts payable under this agree-
ment shall be paid as follows:
Monthly payments for ground rent and fuel flowage fee effective with the execution of this
agreement are payable no later than the 15th day of the month following. Operators whose
payment on rates and fees do not satisfy the minimum operators fee will pay monthly pro
rata amount of $208.34 payable no later than the 15th day of each month.
D. For the purposes of Subparagraphs A and C of this Article III, all fees paid by Avtech
Aviation, Inc. under Subparagraphs A and C of Article III of that certain Fixed Base Operator
Agreement between the City of Lubbock, as Lessor, and Avtech Aviation, Inc. (formerly Quasar,
Inc.) dated September 25, 1975, shall be considered as satisfying the requirements of Subpara-
graphs A and C of Article III of this Agreement.
ARTICLE IV
OBLIGATIONS AND RIGHTS OF LESSEE
A. ASSIGNMENT, TRANSFER, PLEDGE
Lessee shall not at anytime assign, transfer, pledge, or otherwise alienate this Agree-
ment or any interest herein, without the prior written consent of the City.
B. SUBLEASING
Licensee shall not sublease all or any part of the demised premises hereunder with-
out the specific written approval of Lessor, such approval not to be unreasonably withheld.
C. TAXES AND ASSESSMENTS
Lessee agrees to pay all taxes and assessments levied on the premises and any other
taxes or assessments in connection with its business which may be levied, promptly when due,
and will promptly pay when due all charges for water, electricity and any other utilities
used in connection with the operation of said fixed base operator.
D. NON-DISCRIMINATION
Lessee, his agents employees will not discriminate against any person or class or
persons by reason of race, color, sex, age, creed or national origin in providing any service
or in the use of any of its facilities provided for the public, in any manner prohibited by
Part 15 of the Federal Aviation Regulations. The Lessee further agrees to comply with such en-
forcement procedures as the United States might demand that the Lessor take in order to comply
with the Sponsor's Assurances.
Lessee agrees to not discriminate against any employee or applicant for employment
because of race, creed, color, sex, age or national origin. The Lessee agrees to take affirma-
tive action to insure that applicants are employed, and that employees are tested during employ-
ment without regard to their race, creed, color, sex, age or national origin. Such action shall
include, but not be limited to employment, upgrading, demotion, or transfer, recruitment, lay-
off, rates of pay or other forms of compensation, and selection for training, includ-ing appren-
ticeship.
E. PUBLIC BENEFIT
Lessee agrees to operate the premises leased for the use and benefit of the public.
1. To furnish good, prompt, and efficient service adequate to meet all the demands
for its services at the airport.
2. To furnish said service on a fair, equal, and non-discriminatory basis to all users
thereof, and
3. To charge fair, reasonable and non-discriminatory prices for each unit of sale or
service, provided that the Lessee may be allowed to make reasonable and non-discriminatory dis-
counts, rebates, or other similar types of price reductions to volume purchases.
rM
119
MAR 2 4 191
F. NON-EXCLUSIVE
It is understood and agreed that nothing herein contained shall be construed to grant
or authorize the granting of an exclusive right within the meaning of Section 308(a) of the
Civil Aeronautics Act.
G. DEVELOPMENT OF AIRPORT
Lessee agrees that Lessor has the right
it sees fit, regardless of the desires or views
from using and occupying the leased premises.
H. RIGHTS OF OTHERS
to further develop or improve the airport as
of Lessee, so long as Lessee is not prevented
It is clearly understood by the Lessee that no right or privilege has been granted which
would operate to prevent any person, firm or corporation operating aircraft on the airport from
performing, any services on its own aircraft with its own regular employees (including, but not
limited to, maintenance and repair) that it may choose to perform.
I. OPERATION OF AIRCRAFT, COMPLIANCE WITH RULES AND REGULATIONS
Lessee agrees that it will operate aircraft at all times in compliance with all appli-
cable federal, state and local rules and regulations and complying with all applicable statutes,
ordinances, rules and regulations affecting the use and operation of the hangar and airport.
J. PUBLIC LIABILITY INSURANCE
Lessee will carry and maintain Public Liability Insurance in companies licensed to do
business in the State of Texas for the protection of the City of Lubbock and naming it as an
insured insuring against all claim, losses, costs or expense arising out of injuries to persons
whether or not employeed by the Lessee, damage to property whether resulting from acts or omis-
sions, negligence or otherwise of the Lessee or any of its agents, employees, patrons or other
persons, and growing out of the use of the said airport premises by Lessee, such policies to
provide for a liability limit on account of each accident resulting in a bodily injury or death
to one person of not less than One Hundred Thousand Dollars ($100,000.00), a liability limit on
account of each accident resulting in a bodily injury or death to more than one person of not
less than Three Hundred Thousand Dollars ($300,000.00), and a libility limit of not less than
One Hundred Thousand Dollars ($100,000.00) for each accident for property damage. Lessee shall
furnish evidence to the City of Lubbock of continuance in force of said policies and said
policies shall be so worked as to insure ten (10) days notice of cancellation or any modification
of such policy to the City of Lubbock. Said policies shall be subject to the approval of the City
of Lubbock. Any public liability insurance carried by Lessee under that Fixed Base Operator
Agreement, between the City of Lubbock and Avtech Aviation, Inc. (formerly Quasar, Inc.) dated
September 25, 1975, shall be considered toward satisfying the requirement of this subparagraph.
K. HAZARD INSURANCE
Lessee shall procure from a company authorized to do business in the State of Texas and
keep in force hazard and extended coverage insurance upon the buildings located on the leased
premises to 80% of the full insurable value thereof as set forth in individual lease agreement,
and shall furnish Lessor with evidence that such coverage has been procured and is being main-
tained.
L. INSPECTION OF BOOKS AND RECORDS
Lessee shall maintain complete books and records of all transactions, sales and income
resulting from its operation at Lubbock Regional Airport which books and records may be inspect-
ed at anytime during regular business hours by the City or its duly authorized representatives
at Lubbock, Texas, upon reasonable notice to Lessee. In the event Lessee requests such inspec-
tion to be performed outside the Lubbock area, such request may be honored at the City's des-
cretion, however, any and all expenses incurred by so doing shall be reimbursed by the Lessee.
Lessee agrees to furnish facts and figures necessary to determine the amount to be paid City to-
gether with a fiscal year-end signed statement certified by a Certified Public Accountant that
said figures are correct and properly stated.
M. CONDITIONS OF PREMISES: INSPECTION
Lessee agrees that the premises under Lessee's control will be kept clean and free of
all debris and other waste matter. The City shall have the right at all reasonable times to
enter upon the premises for the purpose of inspecting the premises under Lessee's control.
N. MAINTENANCE
Lessee shall, at its sole cost and expense, maintain the demised premises and the build-
ings, improvements and appurtenances thereto, in a presentable condition consistent with good
business practice. Condition of leased premises at time of beneficial occupancy is considered
the acceptable standard. Lessee shall repair all damages to said premises caused by its employees,
patrons or its operation hereon; shall maintain and repair all equipment thereon, including any
drainage installations, paving, curbs, islands, buildings and improvements; and shall repaint
its own buildings as necessary.
Lessor shall be the sole judge of the quality of maintenance and upon written notice by
Lessor to Lessee, Lessee shall be required to perform whatever reasonable maintanance Lessor
deems necessary. If said maintenance is not undertaken by Lessee within twenty days after re-
ceipt of written notice, Lessor shall have the right to enter upon the demised premises and
perform the necessary maintenance, the cost of which shall be borne by Lessee.
1210
1977
0. UTILITIES
Lessee shall have the right to connect to any and all storm and sanitary sewers and
water and utility outlets including metering devices at its own cost and expense; and Lessee
shall pay for any and all service charges incurred therefor.
P. TRASH, GARBAGE, REFUSE, ETC.
Lessee shall provide a complete and proper arrangement for the adequate sanitary hand-
ling and disposal, away from the airport, of all trash, garbage and other refuse caused as a
result of the operation of its business.
Q. SIGNS
Lessee may not erect or cause to be erected on leased premises any billboards or ad-
vertising signs without the prior written consent of the Lessor.
R. INDEMNITY
1. Lessee agrees to hold the city free and harmless from loss from each and every claim,
and demand of whatsoever nature made on behalf of or by any person or persons resulting from
Lessee's operation and/or use of the leased premises and common areas owned by Lessor and used
by the Lessees, its agents, servants, employees, and from all loss and damages by reason of
negligence of the Lessee, its agent, servants, and employees.
2. Lessor agrees to hold Lessee free and harmless from loss from each and every claim,
and demand of whatsoever nature made on behalf of or by any person or persons resulting from
Lessor's operation and/or use of the Airport facilities outside of the leased premises by the
Lessor, its agents, servants, employees, and from all loss and damages by reason of negligence
of the Lessor, its agents, servants and employees.
S. USE OF AIRPORT
During the term of this lease, Lessee and its tenants shall have the free and non-
exclusive use in common with others at the airport of all runways, ramps, parking area and
any and all public facilities available at the airport and the right of ingress to and egress
from the above described premises which right shall extend to Lessee's customers, employees,
guests, invitees, tenants and patrons.
If during the term of this Agreement, the use of the airport by Lessee or its tenants
is temporarily suspended, restricted, or interfered with for a period of ten (10) days or more
for reasons beyond the practical control of the City in such manner as to substanially affect
the use of the hangar or operation of aircraft by Lessee or its tenants, all fees during such
period shall abate and the term of the agreement shall, at the election of Lessee, be extended
for an equivalent period of time.
T. WORKMEN'S COMPENSATION
Lessee shall furnish to the City of Lubbock satisfactory evidence that is carries Work-
men's Compensation Insurance in accordance with the laws of the State of Texas.
U . IMPROVEMENTS
Lessee may make and construct additions, improvements and alterations to the property
in accordance with plans and specifications submitted to and approved by the Director of Aviation.
Any such additions, improvements or alterations made with the consent of the Director of Avia-
tion shall be solely at the expense of the Lessee. Such additions or improvements shall be
subject to all terms and conditions of this instrument. The Lessee agrees to hold the City
harmless from Mechanic's and Materialman's Liens arising from any construction, additions, im-
provements, repairs or alterations effected by the Lessee.
V. PARKING
Lessee shall at its sole cost and expense construct adequate and suitable pavement
areas for use by its customers for parking of aircraft and automobile parking for its employees,
patrons, guests or invitees.
W. VEHICULAR MOVEMENT
Lessee will not permit the driving of vehicles by its employees, customers, guests or
invitees on the apron, taxiways, or runways except specifically authorized vehicles.
ARTICLE V
OBLIGATIONS AND RIGHTS OF LESSOR
A. SAFETY
Lessor reserves the right to take any action it considers necessary to protect the
aerial approaches of the airport against obstruction, together with the right to prevent Lessee
from erecting or permitting to be erected any building or other structure on or off the airport,
which, in the opinion of the City would limit the usefulness of the airport or constitute a
hazard to aircraft.
B. MAINTENANCE OF PUBLIC AREA
Lessor reserves the right, but shall not be obligated to Lessee, to maintain and keep
in repair the landing area of the airport and all publicly owned facilities of the airport,
together with the right to direct and control all activities of Lessee in this regard.
1Afto
"-1
MAR 2 4 1971
M
C. STANDARDS
Lessor reserves the right to establish reasonable standards for the construction, main-
tenance, alterations, repairs, additions, or improvements of Lessee's facilities and leased pre-
mises.
D. UTILITIES
Lessor agrees to construct the necessary sewage facilities to serve Lessee where Lessee
may connect at the edge of leased premises.
E. SERVICE ROAD
Lessor agrees to construct a public service road and permits Lessee to connect to said
service road that will permit Lessee ingress and egress to its leased premises.
F. TAXIWAY
Lessor agrees to construct a connecting taxiway for the aeronautical use of Lessee's
customers, patrons, employees, guests and invitees.
ARTICLE VI
A. TERMINATION BY LESSEE
This Agreement shall be subject to cancellation by Lessee in the event of the happen-
ing of any one or more of the following contingencies without liability to the City of Lubbock:
1. The permanent abandonment of the Airport as an air terminal.
2. The issuance by any court of competent jurisdiction of an injunction in any way
preventing or restraining the use of the Airport and the remaining in force of such injunction
for at lease thirty (30) days.
3. The breach by the City of Lubbock of any of the terms, covenants or conditions of
this Agreement to be kept, performed and observed by the City of Lubbock, and the failure of the
City of Lubbock to remedy such breach for a period of sixty (60) days after written notice from
the Lessee of the existence of such breach.
4. The assumption by the United States Government, or any authorized agency of same,
of the operation, control or use of the Airport and its facilities in such a manner as to sub-
stantially restrict the Lessee from operating said Fixed Base Operator facilities, if such re-
striction is to continue or has continued for a period of three (3) months or more.
B. TERMINATION BY LESSOR
This Agreement shall be subject to cancellation by the City of Lubbock in the event
of the happening of any one or more of the following contingencies:
1. If the Lessee shall file a voluntary petition of bankruptcy; ar, if proceedings
in bankruptcy shall be instituted against it and it is thereafter adjudicated a bankrupt pursuant
to such proceedings; or if a court shall take jurisdiction of Lessee and its assets pursuant to
proceedings brought under the provisions of any federal reorganization act; or if a receiver for
Lessee's assets is appointed; or if Lessee shall be divested of its rights, powers and privileges
under this Agreement by other operation of law.
2. If the Lessee shall abandon and discontinue the conduct and operation of said Fixed
Base Operations.
3. If the Lessee shall default in or fail to make any payments at the time and in the
amounts as required of it under this Agreement.
4. If the Lessee shall fail to perform, keep and observe all of the covenants and
conditions contained in this Agreement to be performed, kept and observed by it.
5. It the Lessee shall fail to abide by all applicable law, ordinances and rules and
regulations of the United States, State of Texas, City of Lubbock, or Director of Aviation of the
City of Lubbock.
City of Lubbock shall give written notice to Lessee to correct or cure such default,
failure to perform or breach and if, within thirty (30) days from the date of such notice, the
default, failure to perform or breach complied of such not have been corrected in a manner satis-
factory to the City of Lubbock, then and in such event, City shall have the right, at once and
without further notice to Lessee, to declare this Agreement terminated and to enter upon and
take full possession of the Leased area and, provided further that upon happening of any one of
the contingencies enumerated in Subsection (b) (1) hereof, this Agreement shall be deemed to be
breached by Lessee and thereupon "ipso facto" and without entry or any other action by City of
Lubbock the Agreement shall terminate, subject to be reinstated only if such involuntary bank-
ruptcy or insolvency proceedings, petition for orgainzation trusteeship, receivership or other
legal act divesting Lessee of its rights under this Agreement shall be denied, set aside, vacated
or terminated in Lessee's favor within thirty (30) days from the happening of the contingency.
Upon the happening of said latter events, this Agreement shall be reinstated as if there had
been no breach occasioned by the happening of said contingencies, provided that Lessee shall
within ten (10) days after the final denial, vacating or setting aside of such petition on the
vacating, terminating or setting aside of such appointment, pay or discharge any and all sums
of money which may have become due under this Agreement in the interim and shall then remain
unpaid and shall likewise fully perform and discharge all other obligations which may have accrued
and become payable in the interim, and,
1022
AR 2 4 1977
Provided, further, that in the event that defaults, failure to perform and breaches
by Lessee of its obligations under this Agreement to be performed, kept and observed by it
shall recur from time to time, then upon written recommendation by the Director of Aviation to
City of Lubbock, the City of Lubbock may terminate this Agreement.
City of Lubbock shall give written notice of such recommendation and termination to
said Lessee and the Agreement shall terminate within thiity (30) days from the date of said
notice. The acceptance of rentals and fees by the City for any period or periods after a de-
fault of any of the terms, covenants, and conditions herein contained to be performed, kept and
observed by Lessee shall not be deemed a waiver of any rights on the part of the City of Lubbock
to cancel this Agreement for failure by Lessee to so perform, keep or observe any of the terms,
covenants or conditions hereof to be performed, kept and observed. No waiver by the City of
Lubbock or any of the terms of this Agreement to be kept, performed and observed by the Lessee
shall be construed to be or act as a waiver by the City of Lubbock or any subsequent default on
the part of the Lessee.
C. OWNERSHIP
Within ninety (90) days after expiration of this Agreement as herein provided, the
Lessee shall have the option to remove all improvements, constructed or placed thereon such as
buildings, equipment, goods, chattels and fixtures belonging to it except pavement area construc-
ted by Lessee. Lessee shall give City thirty (30) days written notice prior to expiration of
Lessee's intent to exercise such option. In the event of the failure on the part of Lessee to
exercise its option to remove from the premises such improvements, title to such improvements
shall vest in the City of Lubbock. Lessee covenants and agrees to pay all reasonable costs,
attorney's fees and expenses that shall be incurred by the City of Lubbock in enforcing the coven-
ants and conditions of this Agreement, in event the Lessee fails to pay expenses within thirty
(30) days such property will be deemed abandoned and title will revert to the City; however, this
in no way relieves the Lessee of the debt incurred.
In the event Lessor terminates this Agreement for cause as contained in Article VI(B)
above, or if Lessee discontinues Fixed Base Operation at anytime prior to expiration the City
retains ownership to Lessee's improvements to the extent of the rentals due for the then re-
maining term.
D. This lease shall be subordinate to the provisions of any existing or future Agreement
between the Lessor and the United States, relative to the operation and maintenance of the air-
port.
ARTICLE VII
BANKRUPTCY, RECEIVERSHIP OR INSOLVENCY
If Lessee makes an assignment for the benefit of creditors, of if Lessee petitions or
applies to any tribunal for the appointment of a trustee or receiver of Lessee under any Bank-
ruptcy, reorganization arrangement, insolvency, readjustment of debt, dissolution or liquidation
of law of any jurisdiction, whether now or hereafter in effect; or if any such petition or appli-
cation is filed, or any such proceedings are commenced, against Lessee, or Lessee by any act
indicates its approval thereof, consent thereto, or acquiescence therein, or any order is entered
appointing any such trustee or receiver, or adjudicating Lessee bankrupt or insolvent, or approv-
ing the petition in any such proceedings, the City at its option may by notice in writing to
Lessee declare this Agreement terminated.
ARTICLE VIII
NOTICE
Any required notice to the City provided for herein shall be sufficient if sent by registered
or certified mail, postage prepaid, to the Director of Aviation, Route 3, Box 201, Lubbock, Texas,
79401, and any such notice to the Lessee shall be sufficient if sent in the same manner addressed
to Avtech Aviation, Inc., 1708 Ave. G. Lubbock, Texas, to the attention of Leonard Mitchell, or
such other addresses as may be designated by the City or Lessee in writing from time to time.
IN WITNESS WHEREOF, the parties have executed this Agreement this 24th day of March, 1977,
by its duly authorized officers.
ATTEST:
/s/ Treva Phillios
City Secretary -Treasurer
APPROVED:
/s/ Fred 0. Senter. Jr.
City Attorney
ATTEST: LESSEE - AVTECH AVIATION, INC.
CITY OF LUBBOCK
By/s/ Roy Bass
-- Mayor ..
/s/ Leonard Mitchell By/s/
Secretary Vice President
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 Memorandum of Fixed Base Operator Agreement between
the CITY OF LUBBOCK and AVTECH AVIATION, 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 Resolution as if fully copied herein in detail.
'3
MAR 2 4 197
Passed by the City Council this 24th day of March, 1977.
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 {
COUNTY OF LUBBOCK } MEMORANDUM OF FIXED BASE OPERATOR AGREEMENT
THIS MEMORANDUM OF FIXED BASE OPERATOR AGREEMENT is made and entered into this the 24th
day of March, 1977, by and between the CITY OF LUBBOCK, acting by and through duly authorized
City representative, hereinafter called Landlord or Lessor, and AVTECH AVIATION, INC., a Texas
corporation, with its registered office located at Lubbock Regional Airport, Lubbock, Texas,
hereinafter called either Tenant or Lessee, as follows, to -wit:
1. DESCRIPTION OF LEASED PREMISES: In consideration of the rent to be paid and the coven-
ants and agreements to be performed by the Tenant, the Landlord does hereby lease, demise and let
unto the Tenant, and the Tenant hereby takes and accepts from the Landlord the following des-
cribed premises located at the Lubbock Regional Airport in Lubbock County, Texas, to -wit:
All that certain 70,131.6 square feet of land described as one (1) 1.61 acre tract of land
out of Section 28, Block A, Lubbock County, Texas, all as more fully described in Exhibit
"A" attached hereto and made a part hereof for all lawful purposes.
2. TERM: The original term of nineteen (19) years and three (3) months shall commence on
January 1, 1977, and end on March 31, 1996, and the Tenant shall have the option to extend this
agreement for three (3) consecutive five-year periods.
3. RENTAL AND OTHER PROVISIONS: The rent for the leased premises and the other terms and
conditions of the Fixed Base Operator Agreement sometimes referred to as Lease Agreement are
set forth in full in the Fixed Base Operator Agreement dated March 24, 1977.
executed by the City of Lubbock, as Lessor, and Avtech Aviation, Inc., as Lessee, and this Me-
morandum of Fixed Base Operator Agreement is subject to all of the terms, provisions, covenants
and conditions as set forth in said Fixed Base Operator Agreement which agreement is hereby
adopted and made a part hereof by reference the same as if said agreement had been copied herein
in full.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Fixed Base Operator this
24th day of March, 1977, by the duly authorized officers of each party.
ATTEST: CITY OF LUBBOCK
/s/ Treva Phillips /s/ Roy Bass
City Secretary -Treasurer Roy Bass, Mayor
ATTEST: AVTECH AVIATION, INC.
/s/ Leonard Mitchell /s/ Jearl Hale
Secretary Vice President
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 Consent to Fixed Base Operator Agreement between the
CITY OF LUBBOCK and Quasar, Inc., attached herewtih 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 24th day of March, 1977.
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
COUNTY OF LUBBOCK ) C 0 N S E N T
/s/ Roy Bass
ROY BASS, MAYOR
WHEREAS, the City of Lubbock, as Lessor, and QUASAR, INC., (now known as Avtech Aviation,
Inc.), as Lessee, made and entered into that certain Fixed Base Operator Agreement or Lease
Agreement dated September 25, 1975, covering and affecting two (2) 3.535 acre tracts of land out
i.�4
MAR 2 4 1977
of Section 28, Block A, Lubbock County, Texas, reference to which lease is hereby made for all
lawful purposes, which document is not to be filed for record in the Deed Records of Lubbock
County, Texas;
WHEREAS, the City of Lubbock, as Lessor, and Avtech Aviation, Inc., as Lessee, made and
entered into that certain Fixed Base Operator Agreement or Lease Agreement dated March 24, 1977
covering and affecting a 1.61 acre tract of land out of Section 28, Block A, Lubbock County,
Texas, reference to which lease is hereby made for all lawful purposes, which document is not
to be filed for record in the Deed Records of Lubbock County, Texas;
WHEREAS, Avtech Aviation, Inc. executed and delivered to Broadview Construction Co. that
certain Builder's & Mechanic's Lien (with Power of Sale) Note dated March 31, 1977
in the principal sum of $87,150.00, payable as described in said note, and which note is secured
by the liens described below;
WHEREAS, Avtech Aviation, Inc., as Owner, and Broadview Construction Co., as Contractor,
made and entered into that certain Builder's & Mechanic's Lien Contract (with Power of Sale)
dated March 31 1977 providing for construction of an airplane hanger build-
ing and other improvements upon a 1.61 acre tract and a 0.91 tract of land out of Section
28, Block A, Lubbock County, Texas, and providing for a mechanic's and materialman's lien and
deed of trust lien to secure payment of the above described Builder's & Mechanic's Lien Note;
WHEREAS, Broadview Construction Co. may transfer and assign said Builder's and Mechanic's
Lien and Builder's and Mechanic`s Lien Contract (with Power of Sale) to a Bank or some other
financial institution in order to furnish the interim financing for the construction of the
improvements called for in said Builder's & Mechanic's Lien Contract;
WHEREAS, Avtech Aviation, Inc. proposes to close a permanent loan with a Bank or a Savings
and Loan Association or some other financial institution payable in monthly installments, which
loan shall be made in renewal and extension of the balance due and owing on the above mentioned
Builder's & Mechanic's Lien note and the liens securing payment of same;
WHEREAS, as additional security for the payment of the above mentioned permanent loan and
performance of all of the terms and conditions of the deed of trust securing the payment of such
permanent loan, Avtech Aviation, Inc. may transfer and assign to the lender by an Assignment of
Lessee's Interest in Lease all of the leasehold estate of Avtech Aviation, Inc. in and to said
1.61 acre tract and 0.91 acre tract of land;
WHEREAS, Article IV, Section A of the above mentioned Fixed Based Operator Agreement dated
September 25, 1975 and Article 4, Section 83, dated March 24, 1977 provides that the Lessee shall
not assign, transfer, pledge or otherwise alienate such lease agreement or any interest therein
without the prior written consent of the City of Lubbock;
NOW, THEREFORE, KNOWN ALL MEN BY THESE PRESENTS:
THAT for and in consideration of the sum of TEN DOLLARS ($10.00) paid by Avtech Aviation,
Inc. to the City of Lubbock, the receipt of which is hereby acknowledged, and in consideration
of the premises, the undersigned City of Lubbock does hereby consent to the execution and delivery
of all of the above described documents and to a Transfer and Assignment of said Fixed Base Opera-
tor Agreements to be executed in the future by Avtech Aviation, Inc. to its Lender to secure the
permanent loan in connection with the construction of said improvements; provided, however, that
any sale held by the Trustee under the power of sale granted in the above described Builder's
& Mechanic's Lien Contract or in any deed of trust executed by Avtech Aviation, Inc. for the
benefit of its Lender shall be subject to all of the terms and provisions of said Fixed Base
Operator Agreements as amended, and the Trustee shall not transfer or assign the lease or any
interest of the tenant under said lease to the purchaser at such deed of trust sale without the
prior written consent of the City of Lubbock, which consent shall not be unreasonably withheld.
EXECUTED THIS the 24th day of March, 1977, by the duly authorized officers of the City of
Lubbock.
ATTEST: CITY OF LUBBOCK 'I
/s/ Treva Phillips /s/ Roy Bass
City Secretary -Treasurer Mayor
APPROVED:
/s/ Fred 0. Sent_er, Jr. _
City Attorney
NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular
Meeting March 24, 1977.
ATTEST: R Y B SS, MAYOR
*-
Treva Phillips, City cretary-Treasurer
READ AND APPROVED THIS THE 14th day of April, 7.
ATTEST: ROY BASS, MAYOR
Treva Phillips, Cit ecretary-Treasurer