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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/10/1957Lubbock,Texas January to 1957 REGULAR MEETING the City Commission of the City of Lubbock, Texas, met at 9 o'clock A.M. in regular session at the regular meeting place in the City Hall, the following members there- of being present to -wit: Mayor S. S. Forrest, Jr., Commissioners Lennis Baker, O.L. Byrd, David Casey and Homer G. Maxey, City Manager H.P. Clifton, City Attorney Vaughn E. 'Wilson, City Secretxy-Treasurer Lavenia 7�owe,. Absent: None Invocation was given by H. P. Cliftn, City, Manager. Motion was made by Commissioner, Baker, seconded by Commissioner Casey, motion carried, Mayor Forrest a6d Commissioners Baker, Byr4 Casey and Maxey voting Yea, none voting Nay, to approve the City Camnission Minutes of Regular meeting December 20,1956. Motion by.Copmissioner Baker, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, to approve the following City of Lubbock vouchers. Warrant No. 14596 through Warrant No. 15000, both inclusive Electric Revenue Fund, Warrant No. 69 through 138, both inclusive & warrant No. 146. Airport Revenue Fund, warrant No. 21 through No. 40, both inclusive. 1956 Waterworks System Fund, warrant No. 25 through 52, both inclusive $7-16-105-261 Motion was made bry Commissioner Baker, seconded by Commissioner Byrd, motion carrie Mayor Forrest and Commissioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize cancellation of Annexation Ordinance No. 2072. Said Ordinance to be made null and void. 7-16-106-262 Motion by Commissioner Baker, Seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Baker, Byrd, Casey and Maxey voting Yea, none voting; Nay, Ordinance No. 2105 was passed on second and final reading. ORDINANCE NO. 2105 ORDINANCE CLOSING AND ABANDONING ANY AND ALL STREETS AND ALLEYS AND PARTS OF STREETS AND ALMS OF LANE HEIGHTS ADDITION AND REPLAT OF LANE HEIGHTS AS SHOWN RECORDED IN VOLUME 419, PAGE 442, AND VOLUME 483, PAGE 1951, RESPECTIVELY, LUBBOCK COUNTY DEED RECORDS, IN SO FAR AS ANY OF SAID STREETS AND ALLEYS AND PARTS OF STREETS AN-ATJ YS CONFLICT WITH THE ATTACHED EXHIBIT "A", WHICH IS A PLAT SHOWING THE PROPOSED STREETS AND ALLEYS OF THE PLEASANT RIDGE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS WHICH HAS BEEN PRELIMINARILY APPROVED BY THE PLANNING COMMISSION OF THE CITY OF LUBBOCK, TEXAS. t-16-106-263 Motion was made by Commissioner Casey, seconded by Commissioner Baker, motion carried Mayor Forrest and Commissioners Baker, Byrd, Casey and Maxey voting Yea, none votbg Nay, Ordinance No. 2106 was passed on second and final reading. ORDINANCE NO. 2106 AN ORDINANCE AMENDING SECTION 18.-1-2 OF ORDINANCE #1695 OF THE CITY OF LUBBOCK SAID ORDINANCE BEING AN APPENDIX TO THE LUBBOCK CITY CODE, SO AS TO ALLOW NONCON- FORMING BUILDINGS TO BE ALTERED OR ADDED TO FOR THE PURPOSE OF INSTALLING AND EN- CLOSING SANITARY FACILITIES IF THE AREA OF SUCH IMEROVEMENTS DOES NOT EXCEED 60 SQUARE FEET; AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. F-16-1)6-264 Motion by Commissioner Baker, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2107 was passed on second and final reading. ORDINANCE MO. 2107 AN ORDINANCE AMENDING SECTIONS 28-88 AND 28-92, CHAPTER 28, ART. VI, OF "THE CODE OF THE CITY OF LUBBOCK, TEXAS, 1955" AS AMENDED BY ORDINANCES NO. 18372 THE SAME BEING SECTIONS TWO AND SIX OF ORDINANCE NO. 1797; ESTABLISHING AND ADOPTING STANDARD LAYOUT, DESIGN, AND SPECIFICATIONS FOR PAVING OF ALLEYS IN ]HE CITY OF LUBBOCK; PROVDING THAT THE CITY OF LUBBOCK, AT THE OPTION OF ITS GOVERNING BODY, PARTICIPATING IN THE COST OF ALLEY PAVING PROJECTS ON CERTAIN CONDITIONS; REPEAL- ING CONFLICTING ORDINANCES; PROVIDING A PENALTY; .AND AUTHORIZING PUBLICATION OF DESCRIPTIVE CAPTION AND PENALTY CLAUSES. t-16-106-265 NOTICE OF ZONING HEARING NOTICE IS hereby given to o„mers of to property hereinafter described or referred to and to all other persons as provided by law, that the City Commissiorygill hold a public hearing on the 10thday of January , 1957, at 10:00 o'clock A.M. in the City Commission Room on the first floor of the City hall in Lubbock, Texas to consider the recommendations of the Zoning and Planning Commission that the zoning district of the property herein described be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hear- ing, the City Commission will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation. ZONE CASE NO. 612 - Request of E. B. Collins (Bell Dairy Products Company) to change Lots 26and 27, Block 4, Perkins Subdivision of Blocks 17 through 21 inclusive of Roberts and McWhorter Addition to theCity of Lubbock, Lubbock County, Texas, from an "R-3" to a "C-4" zoning district. (vicinity of College Avenue and 2nd Place). ZONE CASE NO. 613 - Request of J. W. Chapman and Sons ( For Granville Johnson) to change Lots 11 through 14 inclusive, Block 1, Granville Johnson Addition to the City of Lubbock, Lubbock County, Texas, from an "R-3" to a "C-3" zoning district. (Vicinity of Avenue P and 35th Street). ZONE CASE NO. 614 - Request of Homan Hendrix (For T. R. Bumpass) to change the west 21.92 feet of Lot 1, all of Lot 2, all of Lot 3,,andthe east 29.94 fee t of Lot 4, Block 22, McCrummens Second Addition to the City of Lubbock, Lubbock County, Texas, from an "R-2" to a "C-2" zoning district. (Vicinity of Avenue Q and 24th Street). The Planning and Zoning Commission recommended to the City commission that the above request be granted, subject to the following condition: L That a solid 7 foot masonry fence be constructed along the west property line for protective screening purposes. ZONE CASE NO. 616 - The City Commission of the City of Lubbock authorized a zoning hearing on the following described property in the City of Lubbock, Lubbock County, Texas. i 1, Rhyne Simpson Quirt Avenue Addition 2. Rhyne Simpson Addition. 3. Rhyne Simpson Addition Number 2. 4. Lots 1 through 6 inclusive, Cunningham's Subdivision 5. Lots 1 and 4, Tonroy & Stalnaker Subdivision 6. Beginning at a point, said point being the intersection of the center- lines of Quirt Avenue and Parkway Drive; THENCE South along the centerline of Quirt Avenue to a point, said point being 30 feet east" and 140 feet south of the northeast corner of Block 5, Rhyne Simpson Quirt Avenue Addition; THENCE west 311 feet to a print; THENCE south to a point, said point being in the centerline cf East 9th Street THENCE east along the centerline of East 9th Street to a point, said point being in the centerline of Quirt Avenue; THENCE south along the centerline of Quirt Avenue to a point, said point being 30 feet west and 7.5 feet south of the southwest corner of Block 1, Stalnaker Subdivision; THENCE east 311 feet to a point; THENCE north 122.5 feet to a point; THENCE east to a point, said point being in the centerline of Ute Avenue; THENCE north to a point, said point being 330 feEt north of the centerline of East 4th Street; THENCE west to a point, said point being in'tho(centerline of Parkway Drive; THENCE in a southwesterly direction along the centerline of Parkway Drive to the point of Beginning. The Planning and Zoning Commission recommended to the City Commission that the zoring districts of the property considered by this case be changed as follows: 1. That the following described property be changed from an "R-2" to an "R-1" zoning district. a. That portion of Rhyne Simpson Quirt Aenue Addition that is presently in an "R-2" zoning district. b. Beginning at a point, said point beingthe southeast corner of Lot 14, Block 5, Rhyne Simpson Quirt Avenue Addition. THENCE east 281 feet to a point; THENCE north 125 feet to a point; THENCE west 281 feet to a point; THENCE south 125 feet to the point of beginning. c.Beginning at a point, said point being de intersection of the centerline of East loth Street and Ute Avenue; THENCE north to a point, said point being 330 feet north of the centerline. of East 4th Street; THENCE west to a point, said point being in the south right-of-way line of Parkway Drive; THENCE in a southwesterly direction along said right-of-way line to a point, said point being the intersection of the centerlines of Qtiirt Avenue and East 4th Street; THENCE south 200 feet to a point; THENCE east 660 feet to a point; THENCE south to a point, said point being in the centerline of East 8th St; �THENCE east 330 feet to a point; THENCE south to a point, said point being in the centerline of East loth St; THENCE east to the point of beginning. 2. That the west 147.5 feet of Stalnaker Subdivision of East Side Addition be changed from a "C-3" to a "C-4" zoning district. 3. That the following described property be changed from a "C-3" to an "R-1" zoning district. . BEGINNING at a point, said point being the intersection of the centerline of East loth Street and Quirt Avenue; THENCE east 177.5 feet to a point; THENCE north to a point, said point being 200 feet south of the centerline of East 4th Street; THENCE west to a point, said point being in the centerline of Qdrt Avenue; THENCE south to a point, said point being the intersection of the centerline of East 5th Street and Quirt Avenue; THENCE west 230 feet to a point; THENCE south to a point, said point being 157.5 feet south of the centerline of East 8th Street; THENCE east to a point, said point being in the centerline of Quirt Avenue; THENCE south to the point of beginning. 4. That the following described property be changed from an "M-1" to an "R-l'�� zoning district: BEGINNING at apoin t, said point being 177.5 feet east of the intersection of �{ the centerlines of East loth Street and Quirt Avenue; THENCE east 812.5 feet to a point; THENCE north to a point, said point being in the centerline of East 8th Street; THENCE west 330 feet to a point; THENCE north to a point, said point being 200 feet south of the oenterline of East 4th Street; THENCE west to a point, said point being 177.5 feet east of the centerline of Quirt Avenue; THENCE south to the point of beginning. 5. That the north 320 feet of Block 8, East Side Addition be changed from an "R-2" to a "C-4" zoning district. 6. That the following described property be changed from an "M-1" to a "C-4" zoning district: BEGINNING at a point, said point being 177.5 feet east of the intersection of the centerlines of East loth Street and Quirt Avenue; THENCE east 812.5 feet to a point; p THENCE south 340 feet to a point; , THENCE west 670 feet to a point; THENCE south 122.5 feet to a point; THENCE west to a point, said point being 177.5 feet east of the centerline of Quirt Avenue; THENCE north to the point of beginning. /s/ LAVENIA LOWE City Secretary -Treasurer In accordance with the above notice of zoning hearing, the hearing was held. No per- sons appeared to protest in any of the zone cases as set out in the Notice. Orville Alderson, Director of Planning and Traffic appeared before theCity Commission recommending the zone change of zone cases 6122 614 aid 616. All zone cases listed in the Notice of Hearing being approved by the Planning and Zoning Commission. ,7-16-109-266 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Baler, Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2111 was passed on first reading. ORDINANCE NO. 2111 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 612, CIA NGE LOTS 26 AND 27, BLOCK 4, PERKINS SUBDIVISION OF BLOCKS 17 THROUGH 21 INCLUSIVE OF Roberts and McWhorter ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO A "C-4" ZONING DISTRICT. (VICINITY OF COLLEGE AVENUE AND 2ND PLACE). . ,7-16-109-267 Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissionexs Baker, Byrd, Casey and Maxey voting Yea,none voting Nay, Ordinance No. 2112 was passed on first reading. ORDINANCE NO. 2112 AN ORDINANCE AMENDING MONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 614 - CHANGE THE WEST 21.92 FEET OF LOT 1, ALL OF LOT 2, ALL OF LOT 3, AND THE EAST 29.94 FEET OF LOT 4, BLOCK 22, Mc CRUMMENS SECOND ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN'"R-2" TO A "C-2" ZONING DISTRICT. (VICINITY OF AVENUE Q AND 24TH STREET). SUBJECT TO THE FOLLOWING CONDITIONS: (1) THAT A SOLID 7 FOOT MASONRY FENCE BE CONSTRUCTED ALONG THE WEST PROPERTY LINE FOR PROTECTIVE SCREENING PURPOSES. 5�-16-109-268 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2113 was passed on first reading. ORDINANCE NO. 2113 AN ORDINANCE AMENDING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 616 - A. CHANGE CERTAIN PROPERTY DESCRIBED IN SEC- TION 1 (A) OF !XHIS ORDINANCE FROM AN "R-2" TO AN "R-1" ZONING DISTRICT; B. CHANGE CERTAIN PROPERTY DESCRIBED IN SECTION 1 (B) OF THIS ORDINANCE FROM A ".C-3" TO A "C-4" ZONING DISTRICT; C. CHANGE CERTAIN PROPERTY DESCRIBED IN SECTION 1 (C) OF THIS ORDIMCE FROM A "C-3" TO AN "R-l" ZONING DISTRICT; D. CHANGE CERTAIN PROPERTY DESCRIBED IN 'SECTION 1 (D) OF THIS ORDINANCE FROM AN 1M-1" TO AN "R-1" ZONING DISTRICT; E. CHANGE CERTAIN PROPERTY DESCRIBED IN SECTION 1 (E) OF THIS ORDI- NANCE FROM AN "RU2" TO A "C-4" ZONING DISTRICT; F. CHANGE CERTAIN PROPERTY DESCRIBED IN SECTION 1 (F) OF THIS ORDINANCE FROM AN "M-l" TO A "C-4" ZONING DISTHCT. 57-16-109-269 Consideration wasgiven to the request of J. W. 6hapman & Sons (for Granville Johnson) to change Lots 11 through 14, inclusive, Block 1, Granville Johnson Addition from R-3 to a C-3 zoning dis- trict' said property being located in the vicinity of Avenue P and 35th Street and being zone case 613. No citizens appeared either for or against the zone changa. The zone change was recom- mended by the Planning and Zoning Commission, Orville Alderson from Planning and Zoning P`Part- ment appeared in support of said zone changes. No action was taken by the City Commission in re- gard to this zone change, said request to be again considered by the City Commission at their next regular meeting.. 57-16-109-270 Motion was made by Commissioner Baker, seconded by "issioner Casey, motion carried, Mayor Forrest and Commissioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2115 was passed on first reading. ORDINANCE NO. 2115 AN ORDINANCE ESTABLISHING BUILDING LINES ON THE EAST AND WEST SIDES OF AVENUE Q BETWEEN 4TH STREET AND 5TH STREET, AS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE, AND BEING GENERALLY PARALLEL WITH THE EXISTING RIGHT-OF-WAY LINES OF AVENUE Q BETWEEN THESE STREETS; PROVIDING THAT NO BUILDING OR OTHER STRUCTURE SHALL HEREAFTER BE ERECTED, RE -ERECTED OR SUBSTANTIALLY REPAIRED BETWEEN SUCH BUILDING LINES; REQUIRING EXISTING STRUCTURES ON OR BETWEEN THE BUILDING LINES HEREIN ESTABLISHED TO CONFORM TO SUCH BUILDING LINES WITHIN FIVE (5) YEARS; DE- FINING "BUILDING LINE" AND PROVIDING THAT SETBACK REQUIREMENTS UNDER THE CITY'S ZONING ORDINANCE AND AMENDMENTS THERETO BE DETERMINED FROM THE BUILDING LINES HEREIN ESTABLISHED, PROVIDING EX- CEPTIONS FOR UTILITY EXTENSIONS AND PUBLIC IMPROVEMENTS; PROVIDING A SAVINGS CLAUSE. 57-16-109-271 Motion by Commissioner -Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2116 was passed on first reading. ORDINANCE NO. 2116 AN ORDINANCE ESTABLISHING BUILDING LINES ON THE EAST AND WEST SIDES OF NORTH INDIW AVENUE BETWEEN GRINNELL AND ERSKINE STREETS, AS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE, AND BEING GENERALLY PARALLEL WITH THE EXISTING RIGHT-OF-WAY LINES OF NORTH INDIANA AVENUE BETWEEN THESE STREETS; PROVIDING THAT NO BUILDING OR OTHER STRUCTURE SHALL HERE- AFTER BE ERECTED, RE -ERECTED OR SUBSTANTIALLY REPAIRED BETWEEN SUCH BUILDING LINES; REQUIRING EXISTING STRUCTURES ON OR BETWEEN THE JUZLDING LINES HEREIN ESTABLISHED TO CONFORM TO SUCH BUILDING LINES WITHIN FIVE (5) YEARS; DEFINING "BUILDING LINE" AND PROVIDING THAT SETBACK REQUIREMENTS UNDER THE CITY'S ZONIBG ORDINANCE AND AMENDMENTS THERETO BE DETERMINED FROM THE BUILDING LINES HEREIN ESTABLISHED, PROVIDING EXCEPTIONS FOR UTILITY EXTENSIONS AND PUBLIC, IMPROVEMENTS; PROVIDING A SAVINGS CLAUSE. '-16-110-272 Motion by Commissioner Baker, seconded by Commissioner Casey, motion carried, Mayor Forrest and Com- missioners Baker, Byr#, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2114 was passed as an emergency measure. ORDINANCE NO.' 2114 AN ORDINANCE CREATING A FUND KNOWN AS "SURVEY AND PLANNING ACCOUNT, ADVANCE CONTRACT NO. TEXAS R-4 (A); PRESCRIBING REQUIREMENTS FOR DISBURSEMENT OF SAID FUND; ANTIDECLARING AN EMERGENCY. -16-110-273 Motion by Commissioner Baker, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2117 was passed on first reading. ORDINANCE NO. 2117 AN ORDINANCE ESTABLISHING BUILDING LINES ON THE'NQtTH AND SOUTH SIDES OF 4TH STREET FROM AVENUE R TO 140 FEET EAST OF PARIS AVENUE, AS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; PROVIDING THAT SO BUILDING OR OTHER STRUCTURES SHALL HEREAFTER BE ERECTED, RE -ERECTED OR SUBSTANTIALLY REPAIRED BETWEEN THE BUILDING LINES HEREIN ESTABLISHED; REQUIRING EXISTING STRUCTURES ON OR BETWEEN 111E BUILDING LINES HEREIN ESTABLISHED TO CONFORM TO SUCH BUILDING LINES WITHIN FIVE (5) YEARS: DEFINING; "BUILDING LINE" AND PROVIDING THAT SETBACK REQUIREMENTS UNDERTHE CITY'S ZONING ORDI- NANCE AND AMENDMENTS TBERETO BE DETERMINED FROM THE BUILDING LINES HEREIN ESTABLISHED; PROVIDING EXCEPTIONS FOR UTILITY EXTENSIONS AND PUBLIC IMPROVEMENTS; PROVIDING A SAVINGS CLAUSE. -16-110-274 Motion by Commissioner Baker, seconded by Commissioner Casey, motion carried, Mayor Forrest and Com- mis sioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2118 was passed on first reading. ORDINANCE NO. 2118 AN ORDINANCE ANNEXING AN AREA AND TRACT OF LAND ABUTTING AND ADJACENT TO THE EXISTING CITY LIMITO OF THE CITY OF LUBBOCK, BEING AND CONTAINING 5.50 ACRES OUT OF SECTION 3 BLOCK E-2, LUBBOCK COUNTY TEXAS; SAID AREA OR TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; PROVIDING FOR EXTENSION OF THE CITY LIMITS AND CORPORATE BOUNDARIES TO ANNEX THE AREA, aND.PROVIDING FOR ANNEXATION UNDER THE PROVISIONS OF CHAPTER 1, ARTICLE 1, section 4, OF THE CHARTER OF THE CITY OF LUBBOCK. -16-110-275 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize the Mayor and City Commissioner to execute an agreement between the State Highway department and the City of Lubbock for construction of curb, gutter and pavement on Fast Broadway from Date to Zenith Avenue, authorizing payment of $23500 to "Account of Trust Fund 927-State Treasurer". C 131 - 1 - 16 Lubbock County STATE OF TEXAS - X COUNTY OF TRAVIS X THIS AGREEMENT, made this loth day of January, 1957, by and between the City of Lubbock, Texas hereinafter called the "City", Party of the First Part, acting by and through its City Council and the State of Texas, hereinafter called the "State".Party of the Second Part, acting by and through its State Highway Commission. WHEREAS, the City desires the construction of concrete curb and gutter within the limits from Date Avenue to Zenith Avenue via Broadway in Lubbock on Loop 230, which is solely the City's responsi- bility and the City has requested the State to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expense. The estimated construction cost of this work is Twenty Three Thousand Five Hundred and No1100 Dollars ($23,500.00) including contingencies and construction engineering, and, WHEREAS, the City be the execution of this agreement agrees to the terms and conditions d£ State Highway Commission Minute No. 38179 as it applies to the City, a copy of which is attached hereto and marked "Exhibit All amid rode a part of this agreement. NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the' City will transmit to the State with the return of this agreement, executed by the City, a warrant made payable to the State Treasurer, Account of Trust Fund No. 927 in the amount of Twenty Three Thousand Fie Hundred and No1100 Dollars ($23,500.00), to be used in paying for the proposed work re- quired by the City in the City of Lubbock, It is further understood that the State will construct only those items for the City as requested andrequired by the City and the entire cost of such items will be botne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction andArapproved changes in the contemplated improvement it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forth- with supplement this amount by an amount equal to the City's full estimated or actual share of the cost, of this work less the amount previously paid into Trust Fund No. 927. In the event the amount as paid is more than the actual cost, the then excess amount will be returned to the City. If is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and construction engineering. It is further understood that the City be the execudan of this agreement agrees to the terms and conditions of State Highway Commission Minute No. 38179 as It applies to the City, a copy of which is attshed hereto and marked "Exhibit All and made a part of this agreement. { i IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF LUBBOCK Party of the First Part STATE OF TEXAS STATE HIGHNAY COMMISSION Party of the Second Part BY: Isl S. S. FORREST, JR., Mayor BY:/s/ LENNIS BAKER Member of to City Council BY:/a/ DAV ID C. CASEY Member of the City Council BY:/s/ O.L. BYRD Member of the City Council BY:/s/ HOMER G. MAXEY Member of the City Council Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway O mmission: BY: State Highway Engineer under authority of Commission Minute 30665 Recommended for execution: Engineer of Aid Projects WHEREAS, in LUBBOCK COUNTY on LOOP NO. 230, The City of Lubbock has requested assistance in the widening and resurfacing of pavement including incidental items thereto on East Broadway from Date Avenue to Zenith Avenue, a distance of approximately 1.3 miles; and, WHEREAS, an analysis of the requestedtmrk indicates that such widening and resurfacing will materially add to traffic safety on this facility; NOW THEREFORE, the State Highway Engineer is directed to tender the following proposal to the City of Lubbock: Provided the City will: 1. Construct continuous curb and gutter and provide for all utility- adjustments, storm sewers, etc., all as may be necessary for a complete project with the exception of pave- ment widening and resurfacing. 2. Enter into agreements according to standard forms of the Highway Department to indemnify the State against any and all liability os'damage growing out of such construction. 3. Assume for maintenance Loop 230 as now designated extending from U. S. Highway 87 east to U. S. Highway 62 upon completion of the construction herein authorized. The Texas Highway Department will provide for widening pavement and itssupport and resur- facing from Date Avenue to Zenith Avenue, at an estimated cost of $47,000.00. Upon acceptance of this Order and fulfillment of its.conditions by the appropriate officials of the City of Lubbock the State Highway Engineer is directed to proceed in to most feasible and economical manner with construction,. Upon completion of construction the designatidn of Loop 230 shall be automatically cancelled and this section of highway returned to the City of Lubbock. This Minute shall become operative upon acceptance by the City of Lubbock and if not accepted within 90 days hereof shall be automatically cancelled. Minute No. 38179 May 22, 1955 "EXHIBIT A" 57-16-111-276 Motion by Commissioner Baker, seconded by Commissioner Casey, motion carried, Mayor Forrest and Commissioner Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize the Mayor to execute a supplement agreement between Panhandle and Santa Fe Railway; the State Highway Depart- ment and the City of Lubbock in connection with paving of 4th Street in the vicinity of the West City Limits. It PANHANDLE AND SANTA FE RAILWAY COMPANY, & TM STATE OF TEXAS & CITY OF LUBBOCK SUPPLEMENTAL AGREEMENT Covering land desired at Lubbock, Lubbock County, Texas, for right-of-wy purposes for a Public Road Crossing at Fourth Street on the Seagraves Branch. DATED : June 22, 1956 SUPPLEMENTAL AGREEMENT, Made this 22nd day of June, 1956, between PANHANDLE AND SAWA FE RAILWAY COMPANY, A Texas Corporation, hereinafter called "Santa FE", as First Party; THE STATE OF TEXAS, acting herein by and through its State Highway Engineer, hereinafter called "State", as Second Party; and CITY OF LUBBOCK, TEXAS, A municipal corpo- ration of Lubbock County, Texas, acting herein by its Mayor herqunto duly authorized, hereinafter called "City", as Third Party, W I T N E S S E T H R E C I T A L S; The parties hereto entered idD an agreement dated Fibruary 17, 1953 (Santa Fe's Secretary No. 14473)3, whereby Santa Fe licensed the construction, maintenance and use by State of a public road upon certain property of Santa Fe in Lubbock, Lubbock County, Texas, said agreement being hereinafter called "Original Agreement". The parties now desire to extend the boundaries of the premises so licensed, aalto auedd the Original Agreement, as hereinafter provided. AGREEMENT The parties mutually agree: 1. That Original Agreement shall, as of the date hereof, be amended and supplemented so as to apply to and include all of the property enclosed by red lines on print DSO Slaton, Texas No. 4520, dated June 13, 1956, hereto attached, marked 'Ifthibit A", add made a part hereof; and thatsaid exhibit A dated June 13, 1956, ah all supersede and cancel print DEP Slaton, Texaq, No. 4520 dated February 16, 1953, marked "Bchibit A", and attached to and made a part of Original Agreement. 2. That, as herein and hereby amended and supplemented, said Original Agreement shall be and ruin in full force and effect during the remainder of the term thereof. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day andyear first above stated. PANHANDLE AND SANTA FE RAILWAY COMPANY BY: R. G. Rydin Its Vice President ATTEST: /a/ E. F. BROWDER Secretary for Railway Company P & S. F. Ry Co. Description Approved /s/ GL. MERCER For Chief Engineer APPROVED AS TO FORM /s/ 0. B. WIGLEY General Attorney FORM APPROVED /a/ L. M. BUTTERFIELD General Attorney THE STATE OF TEXAS: Certified as being executed for th*rpose and of activating and/or carrying out to orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: BY: Executed as State Highway Engineer and appoved for State TAghvay Commission RECOMMENDED FOR APPROVAL: Bridge Engineer Engineer Land Service Roads District Engineer APPROVED AS TO FORM: Assistant Attorney General CITY OF LUBBOCK, TEXAS BY:/s/ S. S. FORREST, JR.. its Mayor ATTEST•/s/� LONE City Secretary -Treasurer STATE OF ILLINOIS X COUNTY OF COOK X BEFORE ME, the G. E. Andersen, a Notary Public in and for said County and Stae , on this day personally appeared R. G. Rydin, of Panhandle and Santa Fe Railway Company, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same fD r the I?prposes and considerations and in the capacity therein expressed, and as the act and deed of said Panhandle and Santa Fe Railway Company. Given under my hand and seal of office this 3rd day of December , 1956. My c, ission expires: NOVEMBER 8. 1959 Notary Public in and for County Cook, State of Tllinois THE STATE OF TEXAS X COUNTY OF TRAVIS X BEFORE ME, a Notary Public in and for said County and State on this day personally appeared D. C. Greer~ State Highway Engineer of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration and in to cppacittiy therein expressed, and as act and deed of said The State of Texas. Given under my band and seal of office this day of 1956. Notary Public in and for County of Travis, State of Texas STATE OF TEXAS X COUNTY OF TEXAS (LUBBOCK) X BEFORE ME, the LAVENIA LOWE A Notary Public in and fdr said County and Stale on this da3 personally appeared S. S. FORREST, JR., Mayor of the City of Lubbock, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration and in the capacity therein expgessed, and as the act and deed of said City of Lubbock, Texas. Given under my hand and seal of office this loth day of January 1957. / s / LAV Et0~IA LOWE Notary Public in and for County of Lubbock, State of Texas RESOLUTION Motion was made by Commissioner Baker , seconded by Commissioner Casey , that the Mayor be instructed to sign, on behalf of the City of Lubbock, Texas,supplemental license agreement between Panhandle and Santa Fe Railway Company, State of Texas and City of Lubbock, Texas, covering right -of way acrosssaid Railway Company's Seagraves branch property for a grade crossing at Fourth Street, and that a copy of said agreement be recorded in the Minutes. Motion carried. M. STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK 11 LAVENIA LOWS , City Secretary, do hereby certify that the above and fore- going is a full, true and correct copy of the Minutes of the meeting of the City Commission of January 10 1957, insofar as the same pertains to the execution of an agreement with Panhandle and Santa Fe Railway Company and State of Texas. GIVEN Under my hand and seal of office, this the iOth day of January ,1957. /9/ LAVENIA LOWE -- — - — City Secretary -Treasurer PANHANDLE AND SANTA FE RAILWAY COMPANY RESOLUTION "RESOLVED, that any and all contracts between this Company and the State of Texas, or any department, agency, or political sub -division thereof, for grade separation projects, signal devices, grade crossing signs, easements, crossings, or other similiar agreements affecting this Company shall, when executed on behalf of this Company by the President or any Vice -President of this Company be binding upon this Company according to the terms thereof." h I, the undersigned, Secretary of Panhandle and Santa Fe Railway Company hereby certify that the foregoing writing is a true and correct copy of a resolution adopted by the Board of Directors of said Company at a special meeting held at Amarillo, Texas, on Monday March 6th, 1939, pursuant to due notice, a quorum being present and voting. /a/ E. F. BROWDER Secretary, Panhandle and Santa Fe Rail- way Company. EXHIBIT "D" 57-16-113-277 Motion by Cammeissioner Baker, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution was passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR ARMES AS LISTED BELOW. WHEREAS, the City of Lubbock passed a resolution on December 6, 1956, authorizing the con- struction by W. B. Abbott, Jr., Contractor, of alley paving improvements in said City, specifi- cally the following: The West 155 feet of East-West alley in Block 2, G. A . Rush Addition. This improvement is known and designated as Unit No. A-309. The North -South alley between Block 4, G. A. Rush Addition and Block 159, Original Town. This improvement is known and designated as Unit No. A-310. AND WHEREAS, the improvements, upon the said portions of the abovementioned alley, have been inspected and found to have been constructed according to the approved plans and specifi- cations. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: 1. That the improvements, on said portions of the abovementioned alley, be and the same are hereby accepted, and the City Engineer be and is hereby authorized to direct payment of the City's portion of cost, $746.64. 11. THs resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 10TH DAY OFJANUARY, 1957. ATTEST: /a/ LAVENIA LOWE City Secretary -Treasurer �sl S. S. FORREST, JR., Mayor 1-16-114-278 Motion by commissioner Baker, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Com- missioners Baker, Byrd, Casey atd Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER TO B. J. KERLEY, JR., AND R. V. KERLEY A CORRECTION DEED CORRECTING THAT CERTAIN WARRANTY DEED HEREBFORE AUTHORIZED AND EXECUTED ON THE 9 DAY OF DECEMBER, 1954, ON BEHALF OF THE CITY OF LUBBOCK TO THAT PORTION OR TRACT OF BLOCK 63 OF THE ROBERTS AND McWHORTER ADDITION TO THE CITY OF LUBBOCK AND A PORTION OF THE LAND ACQUIRED FROM S. Y. McMILLAN, MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS RESOLUTION. Z-16-114-279 WHEREAS, the tract of land more particularly described hereafter in the body of this reso- lution was on the 9 day of December, 1954, conveyed by the City of Lubbock acting by and through its duly authorized Mayor thereunto duly authorized to act for said City to B.J . Kerley, Jr., and R. B. Kerley, and WHEREAS, it has been called to the attention of the City Ca®ission of the City of Lubbak that the Grantee in said Warranty Deed was misdescribed as R. B. Kerley when in truth and in fact the Grantee's name was and is R. V. Kerley, and WHEREAS, it has been further called to the attention of the City Commission of the City of Lubbock that in the description and -conveyance as made, it is descripted as bdng situated in Block 64 when in truth and in fact said lands arofout of and are a part of Block 63 of the Roberts and Mc Whorter Addition to the City of Lubbock, NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. That the Mayor is hereby authorized and directed to execute on behalf of the City of Lubbock to R. J. Kerley, Jr., and R.V. Kerley a correction deed conveying the following described tract of land. BEGINNING at the Northeast corner of Block 64, Roberts and McWhorter Addition to the City of Lubbock, Lubbock County, Texas; THENCE East a distance of 13.6 feet to a point; THENCE South a distance of 38.88 feet to a point; THENCE Southwesterly (South 8o 21' West) a distance of 94.95 feet to a point in the East line of said Block 64: THENCE North along the East line of said Block 64 a distance of 132.86 feet to the POINT OF BEGINNING. SECTION 2. That the secretary of the City be authorized and is hereby instructed to attest such correction deed affixing the seal of the City of Lubbock thereto. , Passed by the City Commission this loth day of January , 1957. ATTEST: /s/ LAVENIA LOWE L.avenia Lowe, City Secretary -Treasurer /a/ S. S. FORREST, JR., S. S. FORREST, JR., MAYOR Motion by Commissioner Maxey, seconded by Commissioner Baker, motion carried, Mayor Forrest and Com- missioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize payment in the amount of $127.37, to Mrs. Ernestine Kibler forvdamages to her automobile resulting from a collision with a City of Lubbock Police Car. E-16-114-280 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize payment in the amount of $12,340.51, to Moore Pipeline Construction Co., being final estimate on the 50th Street outfall sanitary sewer line installation, GWO 10032. Total amount of contract was $41,073.18. �-16-114-281 Mr. Harry Porter, representative of the Sinclair Refining Company, appeared before the City Commission requesting that the service station's pumps in a "C-2" zoning district be allowed to be placed nearer than 43' from the street. No action was taken by the City Commission in this regard. 9-16-114-282 Consideration was given to acquiring the South one half of Lot 9, Usleman Addition from Mr. R. B. Blaylock for extension of 29th Strel east to A enue D. Motion was made by Commissioner Casey, second- ed by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize purchase of this tract of land for a consideration of $3500.00. The owner to retain the improvements that are now located on the lot but to move same from the premises. !-16-114-283 Consideration was given the proposal of Alvis Palmer to convey to the City the East 150' of the South 61' of Tract 6, Stubbs Subdivision. Mr. Palmer's price, including improvements being $8500.00 plus $401.66 in taxes that are now due on said property. Motion was made by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Forrest and Commissioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize condemnation proceedings to secure this right-of-way for 38th Street provided the City is unable to make a satisfactory trade with Mr. Palmer to secure said right-of-way. 57-16-115-284 Request was received from Mr. Paul Hermuanes, that the curb not be constructed at 508 East 23rd Street as required by City Ordinances and after discussion in this regard, motion was made by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, to REJECT this request. 57-16-115-285 The City Commission considered the sale of a farm house owned by the City and located in the North west Water well field, said land now under lease to O.L. Webb, howeveuer, the house is not being occupied. Motion was made by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, to autho- rize bids to be secured for sale of this residental building. 52-16-115-286 Motion by Commissioner Baker, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Com- missioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize improvements, includ- ing shrubbery and sprinkler system at the City animal shelter in Southeast Lubbock,. Impovements to be made by City forces and to not exceed $2000.00. 57-16-115-287 Motion by Commissioner Baker, seconded by Commissioner Byrd, motioncarried, Mayor Forrest and Com- missioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize supplement of the Animal Shelter Budget Account in the amour of $2000.00, to cover improvements, authorized by the City Commission on this date, to buildings and grounds. 5Z-16-115-288 Miss Irma Pryor appeared before the City Qxmmission for discussion of parking at the southwas scorner of Avenue G and 14th Street. The City Planning and Traffic Department was requested to work with Miss Pryor in an effort to secure additional parking space at this location. 57-16-115-289 The City Commission considered the sale of property purchased from W. Dixon, located on Quaker Avenue for a consideration of $5050.00, to Mr. Don McNeely. Motion was made by Commissioner Byrd, seconded by Commissioner Baler, motion carried, Mayor Forrest and Commissioners Baker_, Byrd, Casey and Maxey voting Yea, none voting Nay, to REJECT the offer for purchase of this property. 57-16-115-290 Request was received by the City Commission to operate a Kiddie -Ride Park in the lake area abutting Avenue Q between 24th and 26th Street. City Commission considered this request and motion was made by Commissioner Maxey, seconded by Commissioner Baker, motion carried, Mayor Forrest and Commissioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, to REJECT the request since this property is not zoned for such use and it was felt by to Commission that there was not sufficient area for parking for such a project. 57-16-115-291 Motion by Commissioner Baker,seconded by Commissioner Maxey,motion carried, Mayor Forrest and Com- missioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2119 was authorized published. ORDINANCE NO. 2119 AN ORDINANCE ANNEXING AN AREA AND TRACT ABUTTING AND ADJACENT TO THE EXISTING CORPORATE LIMITS OF THE CITY OF LUBBOCK, BRING 3.1 ACRES OUT OF SECTION 20, BLOCK A, LUBBOCK COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; PROVIDING FOR EXTENSION OF THE CZY LIMITS AND CORPORATE BOUNDARIES TO ANNEX THE AREA; PROVIDING FOR PUBLI- CATION AND THE FINAL PASSAGE UNDER PROVISIONS OF SECTION 3-A, ARTICLE 1, CHAPTER 1 OF THE CHARTER OF THE CITY OF LUBBOCK, AND EXTENDING THE CITY LIMITS TO INCLUDE SAID AREA. 57-16-115-292 Request was received by the City Commission from the Assembly of God Church located at Avenue 0 and 21th Street for permission to erect approximately five directional arrows in various sections of the City to direct citizens to this church. Motion was made by Commissioner Maxey, seconded by Com- missioner Byrd, motion carried, Mayor Forrest and Commissioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay,TO REJECT the request. 51-16-115-293 City Secretary -Treasurer Lubbock, Texas January 7, 1957 Coona4e4% C44.vGentlemen: A •4e. R,w?iu,eAt4As tenant of the land and crop in question, I am filing a claim against the City of Lubbock for S-& damage done to me in the amount of $300.00 for the destruction of 1.8 acre of Irrigated cotton. ?b ��d6As I have not secured any damages or consideration, please act on this claim at your earliest possible date and please advise me of your decision. Yours truly, /s/ E. C. MINYARD Land located Labor 21, League 223 Lamb Co., Texas. After consideration of the claim, motion was made by Commissioner Byrd, seconded by Commissioner Baker, motion tarried, Mayor Forrest and Commissioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize payment of $150.00 in settlement of said claim: Complete release to be secured upon payment. 57-16-115-294 Motion by Commissioner Baker, seconded by Commissioner Casey, motion carried, Mayor Forrest and Com- missioners Baker, Byrd, Casey and Maxey voting Yea, noon voting Nay, to authorize publication of the following Notice to Bidders for extension of runways at the Lubbock Municipal Airport. Bids to be received at 10 o'clock A.M. January 29, 1957. NOTICE TO BIDDERS Sealed Proposals addressed to the Honorable Mayor and City Commission of the City of Lubbock, Texas, will be received at the office of Mr. H.P. Clifton, City Manager until 10:00 A.M., January 29, 1957, and thereupon publicly opened and read, for furnishing all necessary materials machinery, equipment, superintendence and labor for the construction of a 150' x 2,000' paved extension to the NIS runway and a 60' wide paved parallel taxiwaylat the Lubbock Municipal Airport,. Principal items of work and approximate quantities are as folbws: 142,500 cu. yds. unclassified excavation, 18,900 cu. yds. aggregate base course and 9,030 tons asphaltic concreft surface course. Bidder must submit Cashier's Check or certified Check issued by a bank satisfactory to the Owner, or a Bidders Bond from an reliable Surety Bond Company, payable without recourse to the order of the City of Lubbock in an amount not less than five (5%) percent of the largest possible bid submitted as a guarantee that Bidder will enter into contract and execute bond and guaranty in the forms provided within ten (10) days after notice of award of contract to him.. Bids without regdked check or Proposal Bond will not be considered. The successful Bidder must furnish performance bond on the attached form in the amount of one hundred (100%) percent of theftotal contract price from a Surety Company holding a permit from the State of Texas to act as Surety, or other Surety or Sureties acceptable to the Owner. The City reserves the right to reject any or all bids, to waive formalities and to accept the bid which seems most advantageous to the City's interest. Bidders are expected to inspect the site of the work and to inform themselves regarding all local conditions. Minimum wage and labor rates for the construction of the proposed work have been established by the Secretary of Labor, and a schedule of labor classifications and wage rates to be paid are included in the specifications and will be made a part of the contract. The bid form {shall contain a statement that the prices bid are6ased on such wage rates. Established classification and wage rates are as follows: MINIMUM WAGE RATES DEPARTMENT, AGENCY OR BUREAU: Office of Airports DECISION NO. Dept. of Commerce, Wash., D.C. R-8188 Civil Aeronautics Administration DESCRIPTION OF WORK: Extend N S Runway approximately 1800' with parallel taxiway and stub taxiway at new south threshold and prepare site for releated glide path; reconstruct lighting vault; high intensity LAW CODE lights on runway extension and taxiway lights; ex- FAA tend sewage line. DATE OF DECISION FAAP Proiect No. 9-41-071 707 12-7-56 LOCATION (CITY OR OTHER DESCRIPTION) Lubbock Municipal Airport, Lubbock EXPIRES: 3-9-57 STATE: COUNTY SUPERCEDES DECISION NO. Texas ) Lubbock - 24-Texas 2-A Rate 3-A Classification per hr. Classification Rate Per hr. Carpenters $ 1.75 Distributors $ 1.50 Cement finishers 1.50 Firemen 1.20 Electricians 2.85 Oilers 1.20 Ironworkers, reinforcing 2.60 Hoists 1 drum 1.375' Painters, brush 2.35 Hoists 2 drum 1.50 Painters, spray (subject Mixers 1.375 to the practice prevail- Mixers, paving 1.75 ing in the area) 3.00 Motor graders 1.75 Plumbers 2.85 Piledrivers 1.50 Steamfitters 2.85 Pumps 1.375 Truck drivers Rollers 1.375 1-1/2 tons and under 1.10 Scrapers 1.50 over 1-1/2 tons 1.25 Shovels 1.75 Laborers 1.00 Tractors 1.50 Lineman 2.90 Trenching machines 1.50 POWER EQUIPMENT OPERATORS Air compressor 1.50 Blade grader 1.50 Bulldozer 1.75 Cranes, derricks,draglines 1.75 APPRENTICE SCHEDULE Craft Interval 1st 2nd 3rd 4th 5th 6th 7th 8th 9th loth Electricians 1000 hrs 50 54 57 61 64 68 72 75 Painters 6 mos. 50 55 60 65 70 80 Plumbers 6 mos. 50 52 55 58 62 68 75 82 90 95 Steamfitters 6 mos. 50 52 55 58 62 68 75 82 90 95 * The apprentice rate is by percentage of the journeymen's rate unless otherwise indicated. Information for Bidders, proposal forms, minimum wage rates nllans and specifications are on file at theoffice of the City Engineer, City Hall, Lubbock Texas/)at the office of Parkhill, Smith and Cooper, 201 Avenue R, Lubbock, Texas, and may be procured from Parkhill, Smith & Cooper upon a deposit of $25.00 as a guarantee of safe return of the plans and specifications. The full amount of this deposit will be returned to the Bidder if a bona fide bid is submitted and plans are returned within 10 days after receipt of bids, or, in case no bid is submitted, if plans and specifications are returned on or before date of receipt of bids; otherwise, the deposit shall be forfeited,. This 12th day of January., 1957 ATTEST: /s/ LAVENIA LOWE City Secretary -Treasurer CITY OF LUBBOCK, TEXAS - owner BY: s//s S. S. FORREST. JR., MAYOR 52-16-117-295 The following exchange of securities was approved by the city commission. THE CITIZENS NATIONAL BANK LUBBOCK, TEXAS January 8,1957 Mrs. Lavenia Lowe City Secretary City of Lubbock Lubbock, Texas dear Mrs. Lowe: At the present time we have $11,825,000.00, U. S. Treasury securities pledged to secure funds on deposit with us for the City of Lubbock. At this time we would like to withdraw from this pledge $1,000,000, 2 1/2% U. S. Treasury Bonds of 1963, which ill leave bonds pledged in excess of deposits. If this meets with your approval, I will appreciate your directing a letter to Mr. Vincent J. Manley, Assistant Cashier, Republic National Bank, Dallas, authorizing this withdrawal. cc: It. Vincent J. Manley Assistant Cashier Republic National Bank Dallas, Texas CITY OF LUBBOCK Lubbock, Texas January 11, 1957 Mr. Vincent J. Manley Assistant Cashier Republic National Bank Dallas, Texas Dear Mr. Manley: Yours very truly, /s/ Harold Munn Vice President In accordance with the request of Harold Munn, Vice President, Citizens National Bank of Lubbock, Texas, authorization is 4ereby given for release from City of,Lubbock Depository of $1,000,000.00, 2 1/2 % U. S. Treasury Bonds of 1963. This will leave a balance of $10,825,000.00, which amount is sufficient to cover the Depository at this time. Yours very, truly, /s/ firs) Lavenia Lowe cc: Mr. Harold Munn, Vice President Citizens National Bank Lubbock, Texas 57-16-117-296 Motion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Forrest and Com- missioners Balser, Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2122 was passed on first reading. ORDINANCE NO. 2122 LUBBOCK CITY AN ORDINANCE AMENDING "THE/CODE ", BY ADDING CHAPTER 38, ENTITLED "WARM AIR HEATING CODE"; GOVERNING THE CONSTRUCTION AND INSTALLATION OF WARM AIR HEATING AND VENTILATING AND HEATING APPLI- ANCES AND SYSTEMS IN THE CITY OF LUBBOCK:PROVIDING THAT PROVISIONS HEREOF ARE CUMULATIVE WITH OTHER ORDINANCES OF THE CITY OF LUBBOCK; DEFINING THE SCOPE AND APPLICATION OF SAID GOVERNING REGULATIONS; PROVIDING FOR CERTAN MINIMUM ELECTRICAL AND STRUCTURAL STANDARDS AND REQUIREMENTS TO BE MET IN THE CONSTRUCTION AND INSTALLATION OF WARM AIR HEATING AND VENTILATING AND HEATING APPLICANESS AND SYSTEMS; PROVIDING FOR BOND TO BE POSTED BY ANY CONTRACTOR OR OTHER PERSON, FIRM, OR CORPORATION OTHER THAN THE OWNER OF SUCH WARM AIR HEATING AND VENTILATING AND HEATING APPLIANCE AND SYSTEM IN THE AMOUNT OF ONE THOUSAND DOLLARS; PROVIDING FOR THE FURNISHING OF CERTAIN INFORMATION TO THE BUILD- ING INSPECTOR AND THE INSPECTION FEES TO BE COLLECTED BY THE BUILDING INSPECTOR; PROVIDING A PENALTY AND SAVINGS CLAUSE LIMITING LIABILITY; AND AUTHORIZING PUBLICATION OF THE descriptive CAPTION AND PENALTY CLAUSE BY THE CITY SECRETARY. 11 57-16-117-297 Motion by Commissioner Baker, seconded by Commissioner Casey, motion carried, Mayor Forrest and Com- missioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2120 was passed as emergency measure. ORDINANCE NO. 2120 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission 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 THEREFORE, BE IT CRUAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond funds to -wit: 1956 Waterworks Improvement (Electric) The sum $ 2,265.00 For the following purpose: L Construction of a 12.5 KV Feeder line on Quaker Ave. from 32nd St. -north to 22nd Street. This feeder will Be constructed on EWO 12013 & EWO 12014. 57-16-117-298 Motion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Forrest and Com- missioner Baker, Byrd, Casey and Maxey voting Yea,none voting Nay, Ord No. 2121 was passed as emer- Uency measure. ORDINANCE NO. 2121 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission 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 THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: 1956 Waterworks Improvement (Electric) The sum $ 6,300.00 For the following purpose: Construction of a 12.5 KV Feeder Line in the 16-17 alley from Raleigh Avenue to Slide road. This feeder is to be constructed on EWO 12011 and EWO 12012. -16-118-299 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Forrest andcom- missioners Baker, Byrd, Casey and Maxey votinE Yea, none voting Nay, Ordinance No. 2124 was passed as emergency measure: ORDINANCE NO. 2124 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission of the City of Lubbock finds it is necessary to appropriate cer- 11 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, THEREFORE, BE IT ORDAINED BY THE CITY CCMMISSION OF THE CITY OF LUBBOCK: There is kreby appropriated out of the following described bond fund,-towit: RIGHT-OF-WAY BOND FUND The sum $ 3,555.00 For the following purpose: To acquire the South 50 ft. of Lot 9, Usleman Addition from Mrs. R.B. Blaylock for $3,500.00 plus $5.00 filing fee. 7-16-118-300 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Com- missioners Baker, Byrd, Casey, and Maxey voting Yea, none voting Nay, Ordinance No. 2125 was passed as emergency measure: ORDINANCE NO. 2125 AN APPROPRIATION ORDINANCE WHEREAS., the City Commission of the City of Lubbock finds it is necessary to appropriate cer- tain specific funds out df 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,THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bond Fund The sum $ 2,200.00 For the following purpose: construction of casting pool at K. N. Clapp Park 1-16-118-301 Motion by Commissioner Bake; seconded by Commissi over Casey, motion carried, Mayor Forrest and Com- missioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize renewal of farm leases for the year 1957 as follows: Tenant Land leased B. W. Lawson a tract of 286.15 acres; 18.4 acres out of Section 13, Blk. A.,36 acres out of Section 17, Block A, and 267.39 acres out of Section 12, Block A, all in Lubbock County, Texas. O.A. Webb 160 acres of land out of the NE part Section 12, Block A, Tyler Tap Railroad Co. in Lubbock County, Texas. Culver Austin 260 acres off West part Section 41, Block A, Lubbock County Texas. F. W. Austin land off the East side of Section 41, Block A, lying East of the turn - row along a contour line and being the same land farmed by Leasee during the year 1947. F. W. Austin Being the south k of a part of Surrey 41, Block A, Lubbock County. R. L. McGuire All of Section 5, Block "A", Lubbock Co., Texas, except that part occupied by the railroad and highway right of way. 17-16-118-301 ;EE RESOLUTION ►OCEPTING PAV- ING PAGE 113 Motion by Commissioner Baker, seconded by Commissioner Casey, motion carried, Mayor Forrest and Com- missionrs Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize farm land leased by R. L. McGuire in Section 5, Lubbock County, land located in the Northeast waterwell field, to be subleased for the year 1957, to Mr. Houston Sweatt. CITY OF LUBBOCK January 10, 1957 Honorable Mayor and City Commission Lubbock, Texas Gentlemgn: I have examined the paving improvements constric ted by W. B. Abbott, Jr., contractor, as authorized by a resolution, which was passed and approved on December 6, 1956, and find the alley improvements known and designated as Units No. A-309 and A-310, as listed on tte attached final estimate sheet, to have been completed in accordance with plans and specifications and recouuaend that you accept improvements on said alley, paying the a)ntractor the amount shown on the attached consolidated estimate sheet as due him by the city of Lubbock, City Very truly, John T. Hickerson,Bngineer 10-7-16-119-302 3 57-16-119-303 CONSOLIDATED FINAL ESTIMATE QUANTITIES S. Y. Unit No. Location Conc. Pay. and Subgr. A-309 W. 155' of E-W alley, Blk. 683.33 2, G. A. Rush Addition A-310 N- S alley btwn. Block 4, G. A. Rush Add. ad Blk. 159; Original Town COST ESTIMATE: 683.33 S. Y. Conc. Pay. & Subgr. @ $4.37058 - $2,986.55 COST DISTRIBUTION• Unit No. Contract Cost City Share P. 0. Cost A-309) $2,986.55 $746.64 $2, 39.91 A-310) Motion by Commissioner Baker, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Com- missioners Baker, Byrd, Casey and Maxey voting Yea, note voting Nay, Ordinance No. 2123 was passed on first reading: ORDINANCE NO. 2123 AN ORDINANCE ESTABLISHING BUILDING LINES ON THE FAST AND WEST SIDE OF THE SLIDE ROAD FROM TEE BROWN - FIELD HIGHWAY SOUTH TO THE SOUTH CITY LIMITS LINE, AS MORE PARTICULARLY DESCRIBED BY METES AND BOUND$ IN THE BODY OF THIS ORDINANCE; PROVIDING THAT NO BUILDING OR OTHER STRUCTURE SHALL HEREAFTER BE ERECTED, RE -ERECTED, OR SUBSTANTIALLY REPAIRED BETWEEN SUCH BUILDING LINES; REQUIRING EXISTING STRUCTURES ON OR BETWEEN THE BUILDING LINES HEREIN ESTABLISHED TO CONFORM TO SUCH BUILDING LINES WITHIN FIVE (5) YEARS; DEFINING "BUILDING LINE" AND PROVIDING THAT SETBACK REQUIREMENTS UNDER THE CITY'S ZONING ORDINANCE AND AMENDMENTS THERETO BE DETERMINED FROM THE BUILDING LINES HEREIN ESTAB- LISHED; PROVIDING EXCEPTIONS FORtTILITY EXTENSIONS AND PUBLIC IMPROVEMENTS; PROVIDING A SAVINGS CLAUSE. Motion by Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd Casey, Baker, and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION A RESOLUTION PROVIDING FOR IMPROVEMENT OF PORTIONS OF STREETS, HIGHWAYS, AVENUES/AND/ OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COMISSION OF LUBBOCK, TEXAS, THAT: 1. Public necessity exists that the following portions of streets, highways, avenues and/or alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: A Vicksburg Avenue NFL alley South of 18th Street 34th Street WPL Utica Avenue A Salem Avenue NPL 32nd Street Salem Avenue NPL of alley north 32nd Street 39th Street EPL Vicksburg Avenue 40th Street EGL Salem Avenue Nashville Avenue SGL 25th Street Memphis Avenue SGL 35th Street Louisville Avenue SPL 34h Street Louisville Avenue SPL 35th Street Louisville Avenue SGL 36th Street 35th Street WPL Louisville Avenue Knoxville Avenue SPL 34h Street Knoxville Avenue SPL 35th Stret Knoxville Avenue SGL 36th Street Indiana Avenue SPL alley S. of 48th St. (W. Leg) Flint Avenue SPL 49th Street 50th Street WPL Indiana Avenue A 50th Street WPL Flint Avenue 50th Street EPL Elgin Avenue 50th Street WPL College Avenue 50th street WPL Avenue U 50th Street WPL Avenue Q Wh Elgin Avenue SPL 50b Street M% Akron Avenue SGL 47th Street A 48th Street W. PAV.L. College Avenue Avenue W SPL alley S.of 49th. (E. Leg) Avenue U widening SGL 34th Street Avenue U SPL 49th Street Avenue U SPL 50th Street 4 Avenue U NPL of alley N. of 57th St. (W. Leg) to NPL 16th Street to E. Pav . L. Slide Road to NPL alley North of 32nd St. to North ROW line of P. & S.F RR at the Brownfield Road to WPL Utica Avenue to WPL Raleigh Avenue to NGL 26th Street to NGL 36th Street to NPL 35th Street to NGL 36th Street to NGL 37th Street to EPL Knoxville Avenue to NPL 35th Street to NGL 36th Street to NGL 37th Street to NPL 50th Street to NPL 50th Street (E.Leg) to WPL Flint Avenue to EPL Elgin Avenue to WPL College AVenue to WPL Avenue U to WPL Avenue Q to EPL Avenue N to NPL 54th Street to NPL 48th Street to EPL Akron Avenue to NPL 50th Street to NGL 35th Street to NPL of 50th Street Ab NPL of alley N. of 57th St. (W. Leg) to NPL 58th Street Avenue U SPL 58th Street to SPL 65th St. (E.Leg) 58th Street WPL Avenue V to E. Pay. L. College Avenue Temple Avenue SPL 58th Street to NPL 60th Street TBnple Avenue SPL 60th Street to NPL 61st Street Temple Avenue SPL 61st Street to NPL 62nd Street 58th Street NE PL of Avenue Q South Dr. to W. Pay. L. Avenue H Avenue P SPL 42ndStreet to NPL 50th Street Ord Street EGL Avenue U to WPL Avenue T 41st Street WPL Avenue T to WPL Avenue S Uvalde Avenue SPL 39th Street to NPL 40th Street Avenue W SGL 34th Street to NGL 35th Street 38th Street EGL Avenue S to WGL Avenue Q 38th Street EGL Avenue Q to WPL Avenue P Ord Street E. Pay. L. Avenue H to EPL df alley W. of Avenue D 40th Street E. Pay. L. Avenue H to WPL Avenue D Avenue G SGL 27th Street to NGL 28th Street Fir Avenue SPL E. 23rd Street to NPL E. 26th Sheet Fir Avenue SPL E. 26th Street to 'NPL E. 28th Street Locust Avenue SW Pay. L Railroad Avenue to NPL E. 3bt Street E. 32nd Street WPL Teak Avenue to EPL Quirt Avenue Teak Avenue SPL E. 31 st Street to NPL E. 32nd Street E. 31st Street EPL Quirt Avenue to EPL Teak Avenue (S. Leg) Redbud Avenue SPL E. 28th Street to NPL E. 31st Street E. 28th Street EPL Quirt & enue to WPLTEAK Avenue A Quirt Avenue N. Pay. L. E. 24th Street to SPL E. 19th Street Quirt Avenue SPL E. 19th Street to SGL Idalou Road Redbud Avenue NGL E. 24th Street to SPL E. 22nd Street N Gerry Avenue NPL E. 2nd Street to S Pay. L. Parkway Drive 5th Street EGL Avenue Q to WGL Avenue 0 3rd Street EPL Avenue Q to WPL Paris Avenue 3rd Street EPL Paris Avenue to WPL Avenue P 1st Street WPL Temple venue to EPL Avenue U 1st S reet WPL Uvalde A enue to EPL A enue V 1st itreet WPL Avenue V to EPL Vernon Avenue Bates Street EPL N. Hartford Avenue to EPL N. Gary Avenue N. Gary Avenue SPL Bates Street to NGL Amherst Street Detroit Avenue SGL 1st Street to NGL 1st Place Detroit Avenue SGL 2nd Street to NPL 4th Street Kemper S reet WPL Avenue Q North Drive to WPL N. A enue L Jarvis Street WPL Avenue Q North Drive to WPL N. Avenue L N. Avenue L SPL Kuper Street to NPl Jarvis Street E_W alley between Broadway and 13th Street and between A enue E and Avenue F alley between 32nd Street and 33rd Street and between Avenue U and Avenue V alley between 33rd Street and 34th S reet and Between Avenue U and Avenue V alley in Block 1, Palace Heights and the alley between Block 1, Palace Heights apd Block 1 Nellie M. Jarrett Addition. alley between 34th Street and 35th Street and between Avenue X and College Avenue alley between avenue W and Avenue X and between 18th Street and 19th street alley between Avenue X and College Avenue and between 19th Street and 20th Street 2. Said portions of streets, highways, avenues and/or alleys shall be improved by raising, grad- ing and filling same, by instaling concrete curbs and butters, by installing storm sewers anddrains where necessary, by installing a compacted caliche base, and by surfacing with quadruple asphaltic surface treatment (Penetration type). III. �M The City Engineer is hereby directed to prepare plans and specifications for such improvement IV. Such improvements in each Sub -Unit shall be paid for in the folloubg manner: (a) Railways and streets railways using, occupying or crossing any portion of said streets, highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all ofthe cost of the work in th area between their rails and tracks, double tracks, turnouts and switchesend two feet on each side i thereof. j) (b) The abutting property and owners thereof shall pay and shall be assessed for all the cost of con- structing curbs and gutters in front of such respective property and a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) abovo provided that such part of the costs assessed to the abutting property or owners thereof shall not exceed 90% of the cost of the improvements plus the cost of the curb and gutter, and further pro- vided that if it shall appear at the hearing to be had before final assessment is made that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefit (c) The remaining cost of said improvement% after deducting the sums finally assessed against railways and streets railways under sub -paragraph (a) hasof, and against abutting property and the owners thereof under sub -paragraph (b) above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by railways and street railways for work between' rails and tracks and 2 feet on each side thereof shall be paid on estimates or statements on or before ten days after acceptance of the improvements in the Sub -unit in which the railway lies by the City Commission and shall bear interest from date due and until paid at the rate of 6 % per annum. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in three equal installments: the first of which shall become due on or before 10 days after completion and acceptance of the improvements in the Sub -unit on which the property abut$ by the City Commission; the second and third one and two years respectively after completion and acceptance 48 the improvements in the sub -unit upon which the pcperty abuts, bythe City Commission, and shall bear interest from the date of completion and acceptance until paid, at the rate of six percent per annum, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures: then at the option of the holder of such assessment of certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. x VI. Assessments shall be made and levied, and shall be a first and prior lien and personal lia- bility for principal, interest, reasonable attorney's fees and cost of collection, if incurred, all under and in accordance with the charter, and amendments thereto, now in force in this City, and in accordance with the provisions of Article 1105 B Revised Civil Statutes of Texas as amended by Chapter 281 Acts of the 52nd Legislature. VII. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS loth DAY OF JANUARY . 1957. /j S.A. FORREST, JR. ., . Mayor ATTEST": /s/ LAVENIA LOWE Lavenia Lowe, Cty Secretary -Treasurer 57-16-121-304 The following proposal of Zackery-Miner, as agents of the City of Lubbock to design and supervise construction of Electric Plower Plant Unit No. 7 was considered by the City Commission. Mr. H. P. Clifton City Manager, City Hall Lubbock, Texas Dear Sir : We have been advised that the City of Lubbock will shortly consider whether or not to enter into a prchase contract with the Westinghouse Company for another 22AW KW Turbine generator set, to- gether with allied equipment, under the terms of an option agreement which you now have,. The joing Venture of H. B. Zackry Co. and Nelson Miner & Company would like for you to consider us to furnish the engineering design and the construction management, service for this second unit on the same basis that we are doing the present work with the es¢eotion that there would be a reduction in our fees. We offer to reduce our design engineering fee from $65,000.00 to $53,500.00, and to reduce our construction supervision and management fee from $70,000.00 to $64,500.00, with a total fee of $118,000.00 instead of $135,000.00. This fee proposal is pre41cated upon your exercising your purchase option with Westinghouse during November 1956 and is based upon Westinghouse berg able to makd delivery of this equipment by October of 1957. In case you do not exercise your option with The Westinghouse Company and decide to either buy a different type of equipment or to buy Westinghouse equipment at some later date, this proposal would, not be applicable. In that event we would like to take a look at the situation as of that time. We have enjoyed working for the City of Lubbock in the design and construction management of the present new unit. We would be pleased to be favored with this new business. We believe we can offer you a superior service at a cost not approachable by any of bar competitors. Yours very truly, H. B. ZACKRY COMPANY /a/ D. R. WARD, President NELSON MINER AID COMPANY /sl NELSON MINER Motion was made by Commissioner Balser, seconded by Commissioner Dyrd, motion carried, Mayor Forrgst and Commissioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EICECUTE FOR AND BEHALF OF THE CITY OF LUBBOCK, A CONTRACT OF EMPLOYMENT OF ZACKRY-MINER AS AGENT AND REPRESENTATIVE OF THE CITY TO DESIGN AND SUPERVISE CONSTRUCTION OF UNIT NO. 7 POWER PLANT ADDITION PROJECT. WHEREAS, in the judgement of the City Commission of the City of Lubbock, it is expedient and to the best interest of the City and the taxpayers thereof, that the power plant addition, Unit No 7, with capacity of 22,000 K.W. to be built and constructed out of the_proceeds of the City of Lubbock Electric System Revenue Bonds, authoriked by the qualified property taxpaying voters of said City on November S. 1955, be constructed by the City under the direct supervision and control of the City Commission, and not be general contract and that such plan of construction will be in the public interest and will result in a material saving of time and money to the city; and, WHEREAS, the H. B. Zackry Company, a corporation of San Antonia, Texas, and Nelson Miner, d/b/ Nelson Miner and Company, as a Joint Venture known as Zackry-Miner, has submitted a proposal to furnish pxfessional services in connection with designing, engineering and supervision of construct of said power plant addition project, and the City Commission has Betermined that it would be in the.' public interest to employ said Joint Venture as agent and representative of the City for such pur- poses, in accordance with the terms of; the contract attached hereto and made a part bereof, now THEREFORE, A BE IT RESOLVED BY THE CITY CO91ISSION OF THE CITY OF LUBBOCK: SECTION 1. That the Unit No. 7 power plant addition project with capacity of 22,000 K.W. to be constructed from the proceeds of the Electric System Revenue Bonds authorized by the qualified property taxpaying voters of the City of Lubbock on November 8, 1955, be constructed by the City under the supervision of the City Commission, and that such Commission employ Zachry-Miner, a Joint Venture, as its agent and representative to design, supervise, and manage the construction of said power plant addition, subject to the contract attached hereto and made a part hereof. SECTION 2. That the Mayor BE, and he is hereby authorized and directed to execute for and in behalf of the City of Lubbock a contract with said Zachry-Miner, a copy of which is attached hereto and marked Ekhibit "A" and hereby incorporated by reference, the same as if such contract were fully written out heidu. Passed by unanimous vote of the Commission this loth day of January, 1957. ATTEST: Lavenia Lowe, City Secretary -Treasurer /s/ S. S. FORREST, JR., � Mayor STATE OF TEXAS X COUNTY OF LUBBOCK X THIS AGREade and entered into this loth day of January, 1957, by and between the CITY OF 'LUBBOCK, a municipal corporation, acting herein by and through its duly authorized officers and hereinafter called "City", and a Joint Venture consisting of H. B. Zachry Company, a Corporation of San Antonio, Texas, acting herdin by and through its duly authorized officers, and NELSON MINER d/b/i NELSON MINER & COMPANY, said Joint Venture being hereinafter called "ZACKRY-MINER. WITNESSETH That in considestion of the premises and the professional services to be rendered by Zachry-Miner jrt as hereinafter provided, City does hereby employ Zachry-Miner as its agent and representative to design and supervise the construction of, as more fully specified hereinafter, and subject to the supervision, direction and instructions of City, the following project: Unit No. 7 Power Plant addition with capacity of 22,000 K.W. tots located adjacent to Unit No. 6 Plant addition now under construction owned by the City of Lubbock; to be designed and constructe4 according to recognized engineering standards for plants of such type, subject to the approval of'i City'-s engineers. Zachry-Miner agrees to furnish professional services of highstandards in connection with design engineering and supervision of construction phases. Zachry-Miner agrees,.as agent a:d representadve of City as aforesaid, to design and to organize, assemble, and operate the necessary organization t manage and supervise the complete building and construction of the project, and to procure, assembl and operate for, and at the expense of, said City, all of the necessary organization, labor, machin ery, tools, equipment, facilities, materials, supplies, and foremen, and to do any, and all things necessay and proper to enable City to construct said project; subject, however, the City's super- vision, direction, instruction and approval. All of said organization, labor, machinery, tools, equipment, facilities, materials, supplies and foremen, and all freight charges, shall be paid for by the City under such terms and conditions as it may direct. All purchases shall be made by City under such procedures as it may direct, and title to all personal property so purchased shall vest in said City, and Zachry-Miner shall have no right* title or interest iti same and no lien thereon. In the organization, selection, and acquisition of the above, and in the disposition or sale of unnecessary machinery, equipment, materials, and supplies, Zachry-Miner shall render to City its best advice, as assistant and aid in securing the best and most advantageous price, terms and conditions; it being intended that City shall have the full benefit of Zachry-Miner experience, orgaization and abilities in this field. City shall also pay the cost of all deposits, rentals, insurance, bonds, rgmlties, local office expenses connected with construction, freight and transportattion charges, and all other expenses which may be incurred and inddent to the accomplishment of this project under this agreement, pro- vided, however, that any and all expenditures under this agreement shall be subject to the approval of City or its duly authorized officer. It is understood that items properly chargeable to direct costs of theprojects shall be at City's expense, but that none of the following items shall be so charged: (1) Salaries, bonuses and living allowances of officers or supervisory personnel of Zahry-Miner especially of the general superintendent and the engineer, resident or otherwise, herein mentioned. k�� CZ) Travel expenses of &chry_Miner, except that travel expenses of said general superintendent, when travel is directed by City, shall be allowed. (3) Salaries of and materials and supplies used by design engineering personnel. It is understood thatZAchry-Miner shall procure for the City an adequate number of workmen of sufficient skill for theaccompleshment of the work; provided, however, that such workmen shall be hired by City, shall be employees of city placed on City payrolls and paid by City. For the purpose of more clearly defining the scope of the design engineering services to be per- formed hereunder, it is agreed that the following services are included in the fee: (1) Field surveys for design and layout of structures: (2) Planning any necessary surveys and sub -surface explorations: arranging for work to be done (the actual cost of such work to be paid, however, by City): and interpretation of results of such surveys and explorations: (3) Furnishing of engineering data necessary for applications for permits required by governmental authorities, if any; (4) Preparation of drawings and specifications for construction, intriplicate; preparation of drawings and/or specification necessary for use by city in securing bids; (5) Heparation of estimates of quantities and cost; and, (6) Analysis of sub -contract and material and equipment bids andrecommendations concerting same. (7) General supervision of the work and interpretation of the plans and specifications by perio- dic visits to the site by the Bagineer or his representative: It is further understood and agreed all labor and materials for the engineering phase are included in the fee; and that thaeview of bids, tablations and recommendations for purchasing will be carried out under the engineering phase; and the purchasing functions will be carried out under the construction phase. All original tracings shall become the property of City, whether the work for which they are made be executed or not, for its use in future repair, replacement or maintenance work; provided,that the desig features represented by such tracings shall remain the property of the design engineer, and such design will not be re-usedby City without the engineer's consent. Satisfactory reproductions or negative of such tracings, as well as any other pertinent data in City's file, will be furnished -the engineer by City upon request, at the actual cost of reproduction. Zachry-Miner shall furnish, at its "pense, a general superintendent experiended in supervising power plant construction,oh the work at all times until completed, A project office will be established by City at or near the work site, which shall be headquarters of such general superintendent. In consideration of the foregoing undertakings by Zachry-Miner and of the professional services to be rendered hereunder, City hereby obligates and binds itself to pay to 7Achry-Miner the sum of ONE HUNDRED EIGHTEEN THOUSAND AND N0/100 DOLLARS ($118,000) out of funds of City from proceedobf the sale of revenue bonds authorized for the project at an election held on November 8, 1955. Payment thereof shall be made in cash on or before the tenth day of each month, and be based upon the percentage of completion of the services called for hereunder, performed to and including th+e last day of the prior month. Provided, thatZAchry-Miner will render its estimate of percentage of completion to City at least five (5) days prior to payment date for City's approval. For the pur- pose of computing any payments provided for herein, it shall be considered that the fee called for herein consists of the following components: If Design Engineering $54,500 Supervision of construction $64.500 $118,000 Zachry-Miner agrees to execute a performance bond to City, to insure the full and faithful performance of its obligations hereunder, all of which obligations sh411 be joint and several, in the amount of $118,000.00. Zachry-Miner agrees to commence design work iamediately upon the execution and attestation of this contract and to proceed with -the preparation of final plans and specifications with due dilli gene. It is contemplated that design engineering and construction phases of the project will be integrated so as to commence and complete theproject in the shortestreasonable time,. Accordingly, when the design stage has reached the point where it is feasible to commence construction, City will notify Zachry-Miner that it is prepared to proceed with the work. The fee provided herein is based upon an estimated cost of the project of TWO MILLION, FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($2,500,000.00), and an over-all time period of fifteen (15) months from the date of this contract to completion of the project, or ninety (90) days after de- livery of the last major item of equipment. Should either the scope of the project or the over-all length of time vary materially from the above, an equitable adjustment of the fee will be na de by City; provided, that this shall not apply to delays or cost increases beyond City's control, includ- ing but not limited to causes such as strikes, lockouts, fire, unusual delays by common carriers and other items of similar nature. EXECUTED as of the date and year first above written. CITY ATTEST: /_a/ LAVENIA LOWE City Secretary ZACHRY-MINER ATTEST: Secretary CITY OF LUBBOCK BY: /a/ S. S. FORREST, JR., Mayor BY: H.B. ZACHRY COMPANY President Nelson Miner d/b/a/ Nelson Mier & Company 57-16-123-304a Motion by Commissioner Casey seconded by Commissioner Byrd, motion carried, Mayor Florrestbnd Com- missioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize the City Manager to issue building permit to Bell Milk sad Ice Cream Company to extend present building Fast of present plant in "Will zont with 7� feet set back from 2nd Street instead of 25' as set out in Ordinance. This exception to be made because original building was set back by permit only 7k feet and because Bell Milk and Ice Cream Company has purchased 150 feet of property between new building site and residence East of plant to provide buffer zone and has built stockade fence to further screen property. It was the opinion of the City Commission that ordinance requiring set back was good but to apply it in this case would be undue hardship on Bell Milk and Ice Cream Company and would deprive them of use of land. 7-16-123-305 Bids were read for purchase of miscellaneous Electric Hardware, being bid 2652. After consideration of all bids submitted, motion was made by Commissioner Maxey, seconded by Commissioner Baker, motion carried, Mayor Forrest and Commissioners Baker, Byrd, Casey and Maxey voting Yea, none votfig Nay, to authorize tre purchase to be made as follows: Accept the bid of Nelson Electric Supply Ca. forpurchase of items 1,4,9 and 10. Accept the bid of Southwestern Electric Co. for purchase of items 2,11,12 and 13. Accept the bid of Westinghouse Electric Co. for purchase of items 3, 5, 6, 7, and 8. 7-16-123-306 Bids were read fo*urehase of miscellaneous electric hardware, being bid No. 2670 After consideration of all bids submitted, motion by Commissioner Baker, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Balaer, Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize the purchase to be made as follows: Accept the bid of R & A Supply Company for purchase of items 1,5 and 6. Accept the bid of C. B. Anderson Co. for purchase of items 2,3,4, 7 and 8. Accept the bid of Graybar Electric Company for purchase of item 9. 7-16-123-307 Bids were read for purchase of trucks for thepark and Recreation Department, being bid No. 2674. After consideration of all bids submitted, motion by Commissioner Casey, seconded by Cammmisstoner Byrd, motion carried, Mayor Forrest and Commissioners Baker, Byrd, Casey and Macey voting Yea, none voting Nay, to authorize the acceptance of t:le bid of louthan Dowell Mtors for purchase of the two pickups and 2 true 7-16-123-308 Bids were read for purchase of one aerial ladder foruse by the Elec. Distribution Dept, being bid No. 268?. After consideration of the bids submitted, motion by Commissioner Maxey, seconded by Commissioner Baker, motion carried, Myer Forrest and Condsaieners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize acceptance of the bid of Halan Construction Corporation for purchase of the aerial ladder. ,7-16-123-309 Bids were read forpurchase of miscellaneous hardware, for use by the City of Lubbock Electric Department, being bid No. 2691. After consideration of the bids submitted, motion by Commsissioner Balar,seconded by Commissioner Casey, motion carried, Mayor Forrest and Commissioneers Baker, Byrd, Casey and Maxey voting Yeanone votfig Nay, to authorize the purchase to be made as fellows: Accept the bid of Nelson Electric Supply Co. for purchase of items 1,4,5,6, 10,11, 12 and 15. Accept the bid of Seathwestern Electric Supply Co. fe*urchase of items 2, 7, and 8 and 9. Accept the bid of F and A Supply Company for purchase of items 3, 13 and 1,4. �7-16-123-310 Bids were read for furnishing and laundering linens forthe City of Lubbock Fire Station for the period January 16, 1957 to January 16, 1958, being bid No. 2705. Only two bids were received for _this laundering service and motionmas made by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, MEor Forrest and Commissioners Baker, Byrd, Casey and Maxey voting Yet none voting Nay, to authorize acceptance of the bid of Lubbock Linen Service, it being considered the lowest and best bfl. 17-16-123-311 Bids were read for purchase of pipe and fittings for/the Bailey County Water Well field, being bid No. 2694. After consideration of the bids submitted, motion by Commissioner Byrd, seconded by commissioner Baker, motion carried, Mayer Forrest and Commissioner Baker, Byrd, Casey and Maxey v oting Yea, none voting Nay, to authorize the purchase to be made as follows: Accept the bid of American Gast Iron Company of Dallas, Texas for purchas a of items 1 and 16. Accept the bid of Gifford -Hill American of Dallas, Texas for purchase of items 2,3.5,6,7,8,9,10,11, 12,13,14,15,17,18 and 19. Accgt the bid of Kimsey Womack of Lubbock, Texas for purchase of item 4. 17-16-123-312 Bids were read for purchase of valves, pipes and fittings, for improvements at Electric Power Plant No. 2, being bid No. 2630. Abtion by Commissioner Baker, seconded by Commissioner Byrd,motion carried, Mayor Forrest and Commissioners Bale r, Byrd, Casey and Maxey voting Yea, none votingNay,to authorize the purchase to be made as follows: Accept thebid of Clowe and Cowan Company for purchase of the following items M-11 M-21 M-222 N-15 N-21 N-316 N-516 N-73 Z-28 Z-37 M-16 14-24 14-31 N-16 N-23 N-41 N-518 N-81 Z-29 Z-38 14-122 M-25 M-33 N-114 N-27 N-45 N-522 N-82 Z-30 Z-39 M-125 M-217 M-73 N-118 N-34 N-415 N-62 N-1015 Z-31 Z-40 M-128 M-220 N-12 N-119 N-313 N-52 N-63 Z-25 Z-32 Z-41 M-129 M-221 N-13 N-120 N-314 N-54 N-620 Z-26 Z-33 Z-42 Accept the bid of Well Machiner and Supply for purchase of the following items: N-912 Z-1 Z-3 Z-5 Z-7 Z-9 Z-12 Z-14 Z-16 Z-18 Z-21 Z-24 N-1017 Z-2 Z-4 Z-6 Z-8 Z-11 Z-13 Z-15 Z-17 Z-19 Z-22 Accept the bid of Briggs - Ws#yer Machinery Company for purchase ofthe following items: N-101 N-104 N-105 N-106 N-1011 N-1018 R-28 Accept the bid of Ebrrlane Company for purchase of the following items: A-33 B-106 R-23 R-212 R-217 R-219 R-221 R-223 A-34 Q-4 R-211 R-213 R-218 R-220 R-222 R-36 Accept the bid of M. B. McKee Company for purchase of the following items: A-111 A-113 B-23 B-29 B-35 B-101 B-103 B-105 B-108 B-1010 M-1221 M-127 M-28 M-218 M-223 A-112 B-21 B-25 B-210 B-36 B-102 B-104 B-107 B-109 M-14 M-123 1-23 M-213 14-219 N-28 N-29 N-210 N-32 N-315 14-43 N-413 N-414 N-51 N-56 N-58 N-514 N-515 N-517 N-519 N-520 N-521 N-523 N-619N-911 R-27 R-210 Accept the bid of Morrison Supply Company for purchase of the following items: C-71 C-73 C-75 K-15 M-126 M-216 N-117 N-513 N-610 N-616 N-618 N-1016 C-72 C-74 C-76 K-16 M-26 N-17 N-44 N-67 N-615 N-617 N-102 Accept the bid of Continential Supply Company for purchase of item C-22 Aceppt the bid of Vinson Supply Company for purchase of items 7d-35; Z-27; Z-34; & Z-35; NO FURTHER BUSINESS COMING UP FOR CONSIDERATION THE CITY COMMISSION RECESSED TO MEET IN RECESSED REGULAR MEETING 14th DAY OF January 01957, at 2:30 P.M. READ AND APPROVED THIS DAY OF January 1957. S. S. FORREST, JR., MAYOR' ATTEST: Lavenia Lowe, City Secretary -Treasurer