HomeMy WebLinkAboutResolution - 042276A-G - Multiple Resolutions Copied From Permanent Minutes, Original Documents Missing - 04/22/1976150
APR 2 2 1976
/s/Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
CONTRACT TO EXTEND TIME OF PAYMENT OF A
PAVING ASSESSMENT LIEN AND PROVIDE FOR
THE CONTINUED VALIDITY OF SUCH LIEN
IN EXCHANGE FOR STREET DEDICATION
This agreement made as of the 22nd day of April, 1976, by and between ROBERT A. GENTRY, not
joined herein by his wife because the property herein concerned is not homestead, herein called
"OWNER", and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipality located in Lubbock County,
Texas, acting by and through its Mayor, herein called "CITY", said agreement becoming effective
upon execution by both parties hereto.
WTTNFR9F.TH
SECTION 1. SUBJECT MATTER OF TRANSACTION
The extension of time of payment of a paving assessment to be created by a City Paving
Assessment Ordinance which is to be enacted by the City Council in the calendar year, 1976,
and filed in the Deed Records of Lubbock County, Texas. This assessment will be secured by a
lien to pay the cost of paving adjacent to the following described tracts of land, to wit:
TRACT 1
Metes and Bounds description for the paving assessment on the West side of University Avenue
from 30.00 feet South of the South Property Line of 82nd Street to 134.96 feet North of the
North Property Line of 91st Street.
BEGINNING at a point which is 95.00 feet South and 60.00 feet West of the Northeast corner
of Section 13. Block E-2, said point also being the South end of a 30.00 foot curve the
radius point of which bears West 30.00 feet;
THENCE South along a line 60.00 feet West and parallel to the East line of Section 13, Block
E-2, a distance of 2545.00 feet to a point said point being 60.00 feet West of the Southeast
corner of the Northeast 1/4 of said Section 13, Block E-2 and also being the Northeast corner
of Lot 1-A, University Pines Addition to the City of Lubbock, Texas;
THENCE West along the South line of the Northeast 1/4 of said Section 13, Block E-2 and the
North line of University Pines Addition a distance of 150.00 feet to a point;
THENCE North along a line 210.00 West and parallel to the East line of the said Section 13,
Block E-2, a distance of 2575.00 feet to a point in the South line of 82nd Street;
THENCE East along the South line of 82nd Street, a distance of 120.00 feet to a point, said
point being the beginning of a 30.00 curve to the right the radius point of which bears South
30.00 feet and having a delta angle of 90° and an arc length of 47.12 feet;
THENCE around said 30.00 foot curve to the right an arc length distance of 47.12 feet to the
POINT OF BEGINNING.
TRACT 2
Metes and Bounds description for the paving assessment on the South side of 82nd Street from
23.00 feet West of the West Property Line of University Avenue to the East Property Line of the
Alley at Elgin Avenue South side of 82nd Street.
BEGINNING at a point which is 90.00 feet West and 65.00 feet South of the Northeast corner
of Section 13, Block E-2, Lubbock County, Texas, siad point also being the West end of a
30.00 foot curve the radius point of which bears South 30.00 feet;
THENCE West along a line 65.00 feet South and parallel to the North line of said Section 13,
Block E-2, a distance of 208.00 feet to a point;
THENCE in a Westerly direction, a distance of 200.00 feet to a point said point being 60.00
feet South and 498.00 feet West of said Northeast corner of Section 13, Block E-2;
THENCE West along a line 60.00 feet South and parallel to the North line of said Section 13,
Block E-2, distance of 1839.00 feet to a point;
THENCE in a Westerly direction, a distance of 303.04 feet to a point, said point being 55.00
feet South and 2640.00 feet West of the Said Northeast corner of Section 13, Block E-2,
said point also being 20.00 feet East of the Northeast corner of Lot 10, Potomac Park Addi-
tion to the City of Lubbock, Texas;
THENCE South along the East line of the alley East of Lots 8, 9 and 10, Potomac Park Addi-
tion to the City of Lubbock, Texas, a distance of 150.00 feet to a point;
THENCE East along a line 205.00 feet South and parallel to the North line of said Section
13, Block E-2, a distance of 2580.00 feet to a point in the West Property Line of University
Avenue;
Canyon View Subdivision on the West. The activities proposed by this plan amendment consist of
the acquisition of four parcels for right-of-way and the construction of an industrial by-pass
between Baylor Drive and Erskine Street.
76-35-149-404 Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass,
(22) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following
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 Merritt & Wild Addition, Block 5, made arrangements with Kerr Construction
Company for the construction of paving improvements on certain streets dedicated in said sub-
division under the provisions of said Ordinance prior to the recording of the subdivision plat
of Merritt & Wild Addition, Block 5, including the following street:
5th Place and Avenue P Cul-de-sac known and designated as sub -unit No. 2229-4.
AND WHEREAS, the construction of the above improvements on the above-mentioned 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.
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 22nd DAY OF APRIL, 1976.
ATTEST: /s/ Roy Bass
ROY BASS, MAYOR
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
APPROVED:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
P'PQnT TTT TONT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the MAYOR of the City of Lubbock BE and is hereby and directed to execute for and
on behalf of the City of Lubbock an Agreement between the City of Lubbock and Robert A. Gentry,
covering extension of time for payment of paving assessment in return for dedication of street
right-of-way on University Avenue, and 82nd Street, 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 22nd day of April, 1976.
ATTEST: /s/ Roy Bass
ROY BASS, MAYOR
CONSOLIDATED
FINAL ESTIMATE
Merritt & Wild
Addition, Blk. 5
QUANTITIES
Accepted April 22, 1976
S.Y.
S.Y.
L.F.
Unit &
Location
Paving
L.F.
Valley
C.& G
Sub Unit
6" Base
C & G
Gutter
Removal
2229-4
5th Place and
Avenue "P" Cul-
de-sac
862.79
374.85
13.93
59.70
COST ESTIMATE
862.79 S.Y.
Paving 6" Base
@ $3.10
$2,674.65
374.85 L.F.
Curb & Gutter
@ $3.10
$1,162.04
13.93 S.Y.
Valley Gutter
@$11.50
$ 160.19
59.70 L.F.
C & G Removal
@ $2.00
$ 119.40
CONTRACT COST
$4,116.28
COST DISTRIBUTION
Unit &
Contract
Property
City -to
Sub -Unit
Cost
Owner Cost
Contractor
2229-4
$4,116.28
$3,373.15
$743.13
76-35-149-405 Motion was
made by Councilman Henry, seconded
by Councilman West,
motion carried,
Mayor Bass,
(23) Councilmen
West, Jordan, Henry
and McAlister
voting Yea, none voting Nay that the
following
resolution
be passed.
P'PQnT TTT TONT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the MAYOR of the City of Lubbock BE and is hereby and directed to execute for and
on behalf of the City of Lubbock an Agreement between the City of Lubbock and Robert A. Gentry,
covering extension of time for payment of paving assessment in return for dedication of street
right-of-way on University Avenue, and 82nd Street, 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 22nd day of April, 1976.
ATTEST: /s/ Roy Bass
ROY BASS, MAYOR
148
APR 2 2 1976
date and at this time and place specified in the Form of Notice contained in Section 1 hereof,
to hold a public hearing on the question of adopting a Resolution to approve and adopt the said
Urban Renewal Plans substantially in the form of the Resolution set forth in the Form of Notice;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the following notice is hereby ordered to be published by the City Council
of the City of Lubbock, said notice to be published in the April 25, 1976, May 2, 1976, and
May 9, 1976 issues of the Lubbock Avalanche -Journal (the official newspaper of the City of
Lubbock) said notice to be in the following manner, to -wit:
"NOTICE OF MEETING AND PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF LUBBOCK CONCERNING
APPROVAL OF THE AMENDED URBAN RENEWAL PLANS FOR COMMUNITY DEVELOPMENT REHABILITATION AND
REDEVELOPMENT AREAS NUMBERS 2 AND 11
"Pursuant to the provisions of the Urban Renewal Law of the State of Texas, notice is here-
by given that the City Council of the City of Lubbock will meet at the City Hall in the
City Council Chamber on the 27th day of May, 1976, at 11:00 o'clock A.M. , C.D.S.T.,
at which time and place said Council will conduct a public hearing on the question of, and
will consider and determine whether or not it will approve amended Urban Renewal Plans for
the Community Development Rehabilitation and Redevelopment Areas 2 and 11, as set forth on the
attached Exhibit 1, entitled "Description of Urban Renewal Areas 2 and 11 and General Scope of
Projects" by passing a Resolution substantially as follows:
'RESOLUTION APPROVING AND ADOPTING AMENDED URBAN RENEWAL PLANS FOR COMMUNITY DEVELOPMENT
REHABILITATION AND REDEVELOPMENT AREAS NUMBERS 2 AND 11'
'WHEREAS, Amended Urban Renewal Plans for Community Development Rehabilitation and Redevelop-
ment Areas 2 and 11, hereinafter set forth as Exhibts B and L, and made a part hereof,
have been reviewed by and approved by the Planning and Zoning Commission of the City of
Lubbock and by the Urban Renewal Agency of the City of Lubbock; and
'WHEREAS, the proposed Urban Renewal Plans conform to the general plan of development of the
City as a whole and are compatible to the existing and proposed land uses, the thorough-
fare plan, and recreational and community facilities of the area; and,
'WHEREAS, a feasible method exists for the relocation of families or individuals who
will be displaced from the Urban Renewal Areas in decent, safe and sanitary dwelling
accomodations within their means and without undue hardship to such families or individuals;
and,
'WHEREAS, the Urban Renewal Plans will afford maximum opportunity consistent with the
sound needs of the City as a whole, for the rehabilitation or redevelopment of the Urban
Renewal Areas by private enterprise;
'NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Amended Urban Renewal Plans for Community Development Rehabilitation and
Redevelopment Areas 2 and 11, designated as Exhibits B and L to this Resolution, be and are
hereby approved and adopted.'
"At the aforesaid public hearing, each person will be given full opportunity to be heard,
either in person or by his counsel, relative to the subject being considered, and likewise to
present to and file with the City Council for its consideration, his written comments and
recommendations relative to the subject.
ATTEST:
ROY BASS, MAYOR
Treva Phillips, City Secretary -Treasurer
SECTION 2. THAT the City Council shall meet on the date and at the time and place specified
in the Form of Notice contained in Section 1 hereof and shall then and there hold a public
hearing on the question of and consider and determine if it should adopt a Resolution sub-
stantially in the form set for in said Form of Notice.
Passed by the City Council of the City of Lubbock this 22nd day of April, 1976.
ATTEST: /s/ Roy Bass
/s/ Treva Phillips ROY BASS, MAYOR
Treva Phillips, City Secretary -Treasurer
EXHIBIT I
DESCRIPTION OF URBAN RENEWAL AREAS 2 AND 11
AND GENERAL SCOPE OF PROJECTS
Area 11 if generally bounded by 36th Street on the north, 40th Street on the south, and Avenue
A on the east, and Avenue D on the west. The amended activities proposed for this project consist
of a change in the proposed land use for the property located on the south side of 36th Street,
consisting of all of the west 210.1 feet, less the east 12.21 feet thereof, of the original
Lot 1, Block 1, Ross Putty Addition, and all of Lots 2A, 2B, 2C, 3, 4, 5, 6 and 7 of Block 1,
Ross Putty Addition to the City of Lubbock. The proposed land use will change from duplex to
commercial. This change is necessary to bring the proposed land use for the area into conformity
with recent changes in zoning for the area.
Area 2 is generally bounded by the property line of the Canyon Lakes Project on the north, North
Avenue U on the east. Cornpl l StYPPt nn tha aniith and tho 14-- _r -I--
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.
City further agrees that, without in any way limiting its obligations under the preceding
paragraph of this Section 6, it will procure and maintain in full force and effect during the en-
tire term of this agreement, Comprehensive General Liability Insurance covering injury to or
death of persons with limits of $100,000.00 per person and $300,000.00 per occurrence, to partially
cover City's liability and indemnity obligations under this Section 6, Article II, of this
agreement. In the event said construction work on Santa Fe property is performed by City's con-
tractor, City will require said contractor to procure and maintain in full force and effect during
construction, Comprehensive General Liability Insurance and Contractual Liability Insurance with
a combined single limit of $500,000.00, or its equivalent, to cover City's liability and indemnity
obligations under this Section 6, Article II, of this agreement.
7. That no legal right of Santa Fe to maintain, use and relocate the railroad track or
tracks or other railroad facilities now located upon the licensed premises, or to construct
and thereafter maintain, use and relocate any additional tract or tracks or other railroad facili-
ties as it may desire upon or across said licensed premises shall be in anywise affected by the
giving of this license.
8. That it will bear and pay the entire cost of designing, constructing and maintaining
said facilities upon the licensed premises, including any and costs made necessary or required by
inundation of Santa Fe's property.
9. That if it shall become necessary in the future reconstruction and/or maintenance of
said facilities to make any changes or alterations in Santa Fe's right of way fences, signal,
power and/or communciation pole wire lines, and/or other facilities located upon the licensed
premises, such changes or alterations, if agreeable to Santa Fe, will be made by Santa Fe at
City's expense, bill for the cost of which City will promptly pay.
10.That it shall, without expense to Santa Fe, drain the lake under Santa Fe's said Bridge 672.9
within five (5) days of receiptcf request from Santa Fe and keep the said -lake drained as long as
necessary for Santa Fe to perform required inspection, maintenance and/or construction without
interference of the lake.
11. That this license is made subject to all existing contracts, agreements, licenses and
easements which may affect said property, covering roads, public orprivate; pole lines and
appurtenances; pipe lines or other facilities.
12. That all the covenants hereof shall inure to the benefit of the successors and assigns
of Santa Fe, to the same extent as to Santa Fe.
ARTTCT.F. TTT
The parties mutually agree that this license shall be effective from its date, and thereafter
until terminated by either party giving to the other six (6) months' written notice of its de-
sire to terminate the same. On such or any other termination, City will surrender possession of
the licensed premises to Santa Fe.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in dupli-
cate on the day and year first above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
By
Its Assistant to General Manager
CITY OF LUBBOCK
/s/ Roy Bass, Mayor
76-35-147-403 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor
(21) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow-
ing resolution be passed.
RESOLUTION PROVIDING FOR NOTICE OF MEETING AND PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE
CITY OF LUBBOCK CONCERNING THE APPROVING OF AMENDED URBAN RENEWAL PLANS FOR COMMUNITY DEVELOP-
MENT REHABILITATION AND REDEVELOPMENT AREAS NUMBERS 2 AND 11, AND PROVIDING FOR NOTICE OF SUCH
MEETING AND HEARING
WHEREAS, the Urban Renewal Law of the State of Texas requires the City Council to hold a
public hearing on a proposed Urban Renewal Plan before it may approve the Urban Renewal Plan after
notice of hearing has been given by publications in the manner described and the City Council
may proceed with such hearing after it has received recommendations from the Planning and Zoning
Commission and the Urban Renewal Agency as to a Plan conforming with the general plan for develop-
ment of the City as a whole; and
WHEREAS, the amended Urban Renewal Plan for Community Development Rehabilitation and Re-
development Area Number 2 was reviewed and approved by the Planning and Zoning Commission on
March 4, 1976, and by the Urban Renewal Agency of the City of Lubbock on February 17, 1976, and
recommendations were made to the City Council; and
WHEREAS, the amended Urban Renewal Plan for Community Development Rehabilitation and
Redevelopment Area Number 11 was reviewed and approved by the Planning and Zoning Commission on
April 1, 1976, and by the Urban Renewal Agency of the City of Lubbock on March 16, 1976, and
recommendations were made to the City Council; and
WHEREAS, said Renewal Plans and recommendations have been reviewed by the City Council
of the City of Lubbock; and
WHEREAS, it is the purpose and intent of the City Council of the City of Lubbock, on this
146
ARR 2 2 1976
76-35-146-402 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor
(20) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow-
ing resolution be passed.
R1+.SnT.TTTTnN
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 with the Atchison, Topeka and Santa Fe
Railway Company respecting inundation, two bicycle -walk paths, two wing fences and one 14 -inch
water line near Santa Fe Bridge No. 672.9 and across tracks at or about M.P. 672 plus 4929.4
feet to M.P. 672 plus 4723.9 feet to Lubbock County, Texas, as shown on print attached thereto
dated December 23, 1975, 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 22nd day of April, 1976.
ATTEST:
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
R E C I T A L S:
/s/ Roy Bass
ROY BASS, MAYOR
AGREEMENT, Made as of this 22nd day of April, 1976,
between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY, a Delaware corporation, (hereinafter called
"Santa Fe"), party of the first part, and CITY OF
LUBBOCK, TEXAS, a municipal corporation, (hereinafter
called "City"), party of the second part,
W I T N E S S E T H•
In connection with the so-called Canyon Lakes Project, the City plans to construct three
dams along Yellowhouse Creek, which presently crosses Santa Fe's property and under Santa Fe's
Bridge No. 672.9, at Lubbock, Lubbock County, Texas.
City will construct Dam No. 3 in the vicinity of said Bridge 672.9 and City desires to inundate
a portion of Santa Fe's property in this vicinity, and construct, maintain and use two bicycle -
walk paths, two wing fences, and one water pipe line, which is agreeable to Santa Fe upon the teams
and conditions hereafter stated.
A G R E E M E N T:
ARTICLE I
1. Santa Fe, for and in consideration of One Hundred and Fifty and No/100ths Dollars
($150.00) cash to it paid by City, the receipt whereof is hereby acknowledged, and of the full
and faithful performance by City of its covenants hereinafter set forth, hereby licenses City
to use a portion of Santa Fe's property situated at Lubbock, Lubbock County, Texas, for the purpose
of constructing, maintaining and using two bicycle -walk paths, two wing fences, and one 14 -inch
water pipe line, license to use which is hereby given, being shown on Print AGM -E No. -4-25696,
dated December 23, 1975, hereto attached, mark Exhibit "A", and made a part hereof.
ARTTC'T.F TT
In consideration of the aforesaid license, City covenants and agrees to and with Santa Fe
as follows:
1. That it will use the licensed premises exclusively as sites for aforesaid inundation, bicycle -
walk paths, wing fences, and water line.
2. That it will not let or sublet the whole or any part of the licensed premises for any
purpose whatsoever or assign this license without the written consent of Santa Fe in each instance.
3. That in case of eviction of City by anyone owning or claiming title to the whole or
any part of the licensed premises, Santa Fe shall not be liable to City for any damage of any
nature whatsoever.
4. That if the licensed premises, or any part thereof, cease to be used at any time for
the purpose licensed, City will deliver up to Santa Fe the possession of the whole, or such part
so ceased to be used.
5. That it will be use the licensed premises and maintain said facilities to be located
thereon in such manner as not to interfere with, hinder, or in any way obstruct the use by Santa
Fe of the railroad or other property adjacent thereto. In the event of a breach of this covenant
at any time, City will, within ten days after receipt of written notice from Santa Fe thereof,
do whatever may be necessary to remedy such condition, and if City should fail so to do within
said time, Santa Fe may do so at City's expense, bill for the cost of which City will promptly pay.
6. That it shall at all times indemnify and save harmless Santa Fe against and pay in full
all loss, damage or expense that Santa Fe may sustain, incur or become liable for, resulting in
any manner from the design, construction, maintenance, use, state of repair, or presence of
dated December 22, 1975, hereto attached, mark Exhibit "A", and made a part hereof.
ARTICLE II
In consideration of the aforesaid license, City covenants and agrees to and with Santa Fe
as follows:
1. That it will use the licensed premises exclusively as sites for aforesaid bicycle -
walk paths, wing fences, and water line.
2. That it will not let or sublet the whole or any part of the licensed premises for any
purpose whatsoever or assign this license without the written consent of Santa Fe in each instance.
3. That in case of eviction of City by anyone owning or claiming title to the whole or
any part of the licensed premises, Santa Fe shall not be liable to City for any damage of any
nature whatsoever.
4. That if the licensed premises, or any part thereof, cease to be used at any time for
the purpose licensed, City will deliver up to Santa Fe the possession of the whole, or such part
so ceased to be used.
5. That it will be use the licensed premises and maintain said facilities to be located
thereon in such manner as not to interfere with, hinder, or in any way obstruct the use by Santa
Fe of the railroad or other property adjacent thereto. In the event of a breach of this covenant
at any time, City will, within ten days after receipt of written notice from Santa Fe thereof,
do whatever may be necessary to remedy such condition, and if City should fail so to do within
said time, Santa Fe may do so at City's expense, bill for the cost of which City will promptly pay.
6. That it shall at all times indemnify and save harmless Santa Fe against and pay in full
all loss, damage or expense that Santa Fe may sustain, incur or become liable for, resulting in
any manner from the design, construction, maintenance, use, state of repair, or presence of
said facilities, 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.
City further agrees that, without in any way limiting its obligations under the preceding
paragraph of this Section 6, it will procure and maintain in full force and effect during the en-
tire term of this agreement, Comprehensive General Liability Insurance covering injury to or
death of persons with limits of $100,000.00 per person and $300,000.00 per occurrence, to partially
cover City's liability and indemnity obligations under this Section 6, Article II, of this
agreement. In the event said construction work on Santa Fe property is performed by City's con-
tractor, City will require said contractor to procure and maintain in full force and effect during
construction, Comprehensive General Liability Insurance and Contractual Liability Insurance with
a combined single limit of $500,000.00, or its equivalent, to cover City's liability and indemnity
obligations under this Section 6, Article II, of this agreement.
7. That no legal right of Santa Fe to maintain, use and relocate the railroad track or
tracks or other railroad facilities now located upon the licensed premises, or to construct
and thereafter maintain, use and relocate any additional tract or tracks or other railroad facili-
ties as it may desire upon or across said licensed premises shall be in anywise affected by the
giving of this license.
8. That it will bear and pay the entire cost of designing, constructing and maintaining
said facilities upon the licensed premises.
9. That if it shall become necessary in the future reconstruction and/or maintenance of
said facilities to make any changes or alterations in Santa Fe's right of way fences, signal,
power and/or communciation pole wire lines, and/or other facilities located upon the licensed
premises, such changes or alterations, if agreeable to Santa Fe, will be made by Santa Fe at
City's expense, bill for the cost of which City will promptly pay.
10. That this license is made subject to all existing contracts, agreements, licenses and
easements which may affect said property, covering roads, public or private; pole lines and
appurtenances; pipe lines or other facilities.
11. That all the covenants hereof shall inure to the benefit of the successors and assigns
of Santa Fe, to the same extent as to Santa Fe.
ARTT('T R TTT
The parties mutually agree that this license shall be effective from its date, and thereafter
until terminated by either party giving to the other six (6) months' written notice of its de-
sire to terminate the same. On such or any other termination, City will surrender possession of
the licensed premises to Santa Fe.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in dupli-
cate on the day and year first above written.
The A.T.&S.F. Ry CO.
Description Approved
/s/ L.C. Harris
For AGM -Engineering Western Lines
APPROVED AS TO FORM
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
BY
Its Assistant to General Manager
CITY OF LUBBOCK
By /s/ Roy Bass, Mayor
144
APR 2 2 1976
ARTICLE 8: Licensee shall comply with all applicable laws and ordinances and all rules,
regulations, and requirements of any Governmental authority promulgated thereunder controlling
environmental standards and conditions on the premises. If, as a result of the Licensee's
occupancy of the premises and its operations hereunder, any such law, ordinance, rule regulation,
or requirement is violated, Licensee shall protect, save harmless, defend and indemnify Railway
from and against any penalties, fines, costs, and expenses, including legal fees and court costs
incurred by Railway, caused by, resulting from, or connected with such violation or violations.
*NOTATION: The Track Supervisor Mr. B. E. Myers of Plainview, Texas will Inspect the pipe
line encasement and approve or disapprove the line prior to permitting the installation of the
Carrier Pipe.
IN WITNESS WHEREOF, the Parties hereof have caused this agreement to be executed on the day
and year first herein written.
ATTEST:
Secretary
ATTEST:
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ W.L. Peck
RECOMMENDED:
/s/ C.R. Vining
FORT WORTH AND DENVER RAILWAY COMPANY.
BY
Its Asst, to President
CITY OF LUBBOCK
By /s/ Roy Bass
ROY BASS, MAYOR
76-35-144-401 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor
(19) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow-
ing resolution be passed.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute
for and on behalf of the CITY OF LUBBOCK, an Agreement with the ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY, respecting two bicycle - walk paths, two wing fences, and one 14 -inch water
pipe line at Santa Fe Bridge No. 0.5 and across said railway's tracks at M.P. 0 plus 2826.12
feet to M.P. 0 plus 2936.28 feet and water line crossing at M.P. 0 plus 3025.8 feet, all as
shown on print attached thereto dated December 22, 1975, 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 22nd day of April, 1976.
ATTEST: /s/ Roy Bass
ROY BASS, MAYOR
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
AGREEMENT, Made as of this 22nd day of April, 1976,
between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY, a Delaware corporation, (hereinafter called
"Santa Fe"), party of the first part, and CITY OF
LUBBOCK, TEXAS, a municipal corporation, (hereinafter
called "City"), party of the second part,
W I T N E S S E T H:
R E C I T A L S:
----------
In connection with the so-called Canyon Lakes Project, the City plans to construct three
dams along Yellowhouse Creek, which presently crosses Santa Fe's property and under Santa Fe's
Bridge No. 0.5, at Lubbock, Lubbock County, Texas.
In connection with said project, the City desires to use a portion of Santa Fe's property
in the vicinity of Bridge 0.5, on which to construct, maintain and use two bicycle - walk paths,
two wing fences, and one water pipe line, which is agreeable to Santa Fe upon the terms and condi-
tions hereafter stated.
A G R E E M E N T:
ARTICLE I
1. Santa Fe, for and in consideration of One Hundred and Fifty and No/100ths Dollars
($150.00) cash to it paid by City, the receipt whereof is hereby acknowledged, and of the full
and faithful performance by City of its covenants hereinafter set forth, hereby licenses City
to use a portion of Santa Fe's property situated at Lubbock, Lubbock County, Texas, for the purpose
of constructing_ Tniintninino anr.,., d r 1.,.,....1.. _� _11, �L ____ _.._ - - r . . .
CONTRACT FOR PIPE LINE
ACROSS OR ALONG RIGHT OF WAY
THIS AGREEMENT, Made and entered into as of this 8th day of March, 1976, between FORT
WORTH AND DENVER RAILWAY COMPANY, hereinafter called the "Railway," and CITY OF LUBBOCK of Lubbock
State of Texas 79412, hereinafter called the "Licensee."
WITNESSETH:
ARTICLE 1: In consideration of Five hundred dollars ($500.00) initial and only to be paid
by Licensee to Railway immediately upon the execution of this agreement, and upon the terms and
conditions hereinafter set forth, Railway hereby grants unto Licensee license to enter upon
the premises of Railway at Mile Post L-357+1516', Lubbock, Lubbock County, Texas and construct
and thereafter maintain across or along said premises at the sole expense of Licensee, a twenty
one (21) inch pipe line to be used for conveying water only, the location of said pipe line being
shown in red on the Railway's print No. 21-106/312-4 hereto attached, marked Exhibit "A", and
made a part hereof.
ARTICLE 2: The top of said pipe line shall be placed at a depth of not less than five (5)
feet six (6) inches below the base of the rails of the track or tracks of Railway where it passes
under the same and not less than three (3) feet below the surface of the ground at any point on
Railway's property. If the said pipe line shall be of a diameter four inches or larger the por-
tion of same directly under the said track or tracks, and under the roadbed thereof, shall be of
cast iron or other material of approved strength.
ARTICLE 3: The said pipe line shall be constructed and maintained in such manner and at
such time or times and of such materials as shall meet with the approval of the Superintendent
of Railway, and as shall not hinder, delay or endanger the operation of engines, trains, cars
or business of Railway over its track or tracks now laid or hereafter laid on said premises,
or in any manner interfere with the present or future use of said premises. The Licensee shall
not enter upon said premises for the purpose of constructing, maintaining or removing said
pipe line except forty-eight hours' notice to Superintendent of Railway, and then a designated
representative of Railway may oversee or inspect all of said work as it progresses, at the
expense of Licensee, and performance of such work shall be subject to his approval. If deemed
necessary by Railway so to do, Licensee shall, at the expense of Licensee, support the said
track or tracks, as directed by Railway, while the work of constructing, maintaining or removing
said pipe line is being done *See Notation - Signature Page
In the event the pipe line shall be used to carry any liquid or other substance under pres-
sure, and shall be located under any track or within forty-five (45) feet of any track, bridge
or structure of the Railway, the pipe line shall be constructed and maintained strictly in
accordance with Railway's Plan No. 105998 D, copy of which shall be attached to, and thereby
become a part of, this agreement.
In case Railway shall, after said pipe line has been constructed, build upon its premises
any additional track or tracks, or structures, or make any changes in existing tracks or structures
over said pipe line, the Licensee shall, at once, at its own expense, make such changes in its
said pipe line as may be necessary to make the same conform in its relation to said new tracks
or structures, or changes in existing tracks or structures, in all respects to the conditions
herein required for said present tracks or structures, or as may be required by the Railway.
ARTICLE 4: In the event any cathodic electrolysis or other electrical grounding system
is installed in connection with said pipe line which in the opinion of Railway in any way inter-
feres with any train signals, telephone or telegraph lines, or other facilities of Railway,
the Licensee immediately shall discontinue operation of and remove said grounding system, or take
such steps as may be necessary to avoid all such interference. Licensee further agrees to in-
demnify and save harmless Railway from and against any damages, claims, losses, suits or expenses
in any manner arising from or growing out of interference with the signals, telephone or telegraph
lines of Railway by the operation, use or existence of any such grounding system.
ARTICLE 5: The Licensee further covenants and agrees at all times during the existence of
said pipe line upon the premises of Railway to keep and maintain the soil over the same thoroughly
compacted, and the grade even with the adjacent surface of the ground, and that Licensee will at
all times release, protect, indemnify and save harmless Railway from all claims, demands, judg-
ments, loss, costs and expenses, for injury to or death of any person, or loss or damage to the
property of any person or persons whomsoever (including both parties hereto and their employee),
in any manner arising from or growing out of in whole or in part, the construction, reconstruction,
maintenance, operation, repair, change, existence, use or removal of said pipe line or the sub-
sidence of soil over the same whether caused by the negligence of the Railway, its servants
or employees, or otherwise.
ARTICLE 6: If Licensee shall well and faithfully comply with all the terms, convenants,
and conditions herein set forth on the part of Licensee to be observed and complied with, the
license herein granted by Railway shall continue in force to the full expiration of the period
of one (1) year from the date hereof, and thereafter until terminated, upon not less than sixty
(60) days' wirtten notice by either party hereto to the other; but if Licensee shall fail to
perform any of the covenants herein contained, Railway shall have the right to terminate this
license forthwith and without notice. Any notice herein provided for shall be sufficiently
given and delivered if mailed in an envelope properly stamped and addressed to Licensee. Upon
the termination of this license in any of the modes herein provided for, Licensee shall, at
its own expense, upon being notified so to do by Railway, remove said pipe line from said
pipe premises, and restore the ground to a safe and level condition, and in case of its failure
so to do, the Railway may at its option, either remove the said pipe line from said premises at
the sole expense of Licensee, or disconnect the same at points where it enters and leaves the
said premises.
ARTICLE 7: The Licensee shall not transfer or assign this license without the written
consent of Railway. The said license shall be binding upon the heirs, personal representatives,
successors and assigns of the parties hereto.
142
APR 2 2 1976
76-35-142-397 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass,
(16) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No.
7238 on second and final reading.
ORDINANCE NO. 7238
AN APPROPRIATION ORDINANCE,
WHEREAS, the City Council of the City of Lubobck finds it is necessary to appropriate certain
specific funds out of bond funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: ELECTRIC
LIGHT AND POWER SYSTEM REVENUE BOND FUND
The sum $50,000
For the following purpose: To purchase necessary materials and labor for construction of under-
ground feeder lines out of McCullough Sub -station.
76-35-142-398 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor
(17) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance
No. 7239 on second and final reading.
ORDINANCE NO. 7239
AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED
"MILK AND MILK PRODUCTS" BY AMENDING SECTION 17-1 THEREOF GOVERNING MILK GRADING AND LABELING;
AMENDING SECTION 17-2 THEREOF PROVIDING FOR PERMITS; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
76-35-142-399 Glenn Johnson, a representative of the State Department of Public Highways and Transportation
(14) appeared before the City Council to request approval of Lubbock Federal Aid Urban System and
Urban Area Boundary Map and a resolution authorizing the Mayor to sign the map. After considera-
tion 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 pass the following resolution.
RF.gOTJTTTON
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 sign
the Lubbock Federal Aid Urban System and Urban Area Boundary Map, as approved by the City Council,
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 22nd day of April, 1976.
ATTEST: /s/ ROY BASS
ROY BASS, MAYOR
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
76-35-142-400 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor
(18) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following
resolution be passed.
RF.g0T.TTTT(1N
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 Contract to be entitled "CONTRACT FOR PIPE LINE ACROSS
OR ALONG RIGHT-OF-WAY" to be dated as of March 8, 1976, to be entered into by and between said
City as Licensee and Fort Worth and Denver Railway Company as Licensor, permitting said Licensee
to cross said Licensor's Right -of -Way with 21 inch water pipe line at M.P.L. 357 plus 1516 feet
in Yellowhouse Canyon in 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 22nd day of April, 1976.
ATTEST: /s/ Roy Bass
ROY BASS, MAYOR
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., Citv Attornev
REGULAR CITY COUNCIL MEETING
APRIL 22, 1976
The City Council of the City of Lubbock, Texas, met at 9:30 A.M. in the regular meeting place
at City Hall, the following members thereof being present, to -wit:
Mayor Roy Bass, Councilman Dirk West, Councilwoman Carolyn Jordan, Councilman Alan Henry,
Councilman Bill McAlister, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr.,
and City Secretary -Treasurer Treva Phillips.
Absent: None
76-35-141-390 The invocation was given by Mayor Roy Bass.
(1)
76-35-141-391 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber.
(2)
76-35-141-392 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(3) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve City Council
Minutes - Regular Meetings held March 29 and April 8, 1976, and Special Meetings held March 30,
April 5 and April 12, 1976, as corrected.
76-35-141-393 Marion Sanford, representing the Lubbock Industrial Foundation, appeared before the City Council
(11) requesting approval for Guerdon Industries, Inc., to sub -lease a portion of Lot 7, Lubbock
Industrial Park Addition, to Chupik Corporation. 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 pass the follow-
ing resolution authorizing the Mayor to execute an Agreement between the City of Lubbock,
Guerdon Industries, Inc., and Chupik Corporation consenting to the sub -lease of Lot 7, Lubbock
Industrial Park Addition.
RTZC(1T TTTTOAT
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
an Agreement between the CITY OF LUBBOCK, GUERDON INDUSTRIES, INC. and CHUPIK CORPORATION
consenting to the sub -lease of Lot 7, Lubbock Industrial Park Addition, 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 22nd day of April, 1976.
ATTEST: /s/ Roy Bass
ROY BASS, MAYOR
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
See copy of Agreement on file in the Office of the City Secretary.
76-35-141-394
Loyd Sanders, Chairman of the Cemetery Board, appeared before the City Council with the Board's
(12)
recommendations that the cost of cemetery lots be increased $50 per lot with the exceptions of
Block A, Block B, Block 20, Block 29, the southern portion of Section E and all infant spaces.
The Board further recommended that $500 per month be designated for use in advertising the
cemetery property. After consideration of all information presented, motion was made by Council-
woman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan,
Henry and McAlister voting Yea, none voting Nay to approve the rate increase as recommended by
the Cemetery Board and asked the Board to further investigate the advertising program.
76-35-141-395
Mr. Jackie Mize appeared before the City Council to discuss the proposed closing of the south
(13)
15.00' of Lot 15, Caver Subdivision. Jack Nelson, Attorney representing A. J. Malouf owner of
the adjacent property, appeared in opposition to the closing of this alley. After consideration
of all information presented, it was unanimously agreed by the City Council to hold this item until
the May 13, 1976 council meeting.
76-35-141-396
Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass,
(15)
Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No.
7237 on second and final reading.
ORDINANCE 7237
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain
specific funds out of bond funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: Water Captial
The sum $30,000.00 Projects Funds
For the following purpose: Replace 6 inch cast iron water line in Ave. Q from 24th St. to 34th
St. ahead of repaving.