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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/9/1957REGULAR MEETING Lubbock, Texas Eby 9, 1957 The City Cmuission of the City of Lubbock, Texas, met at 9 o'clock A.M. in the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor S.S. Forrest, Commissioners O.L. Byrd, and Homer G. Maxey, City Manager H.P. Clifton, City Attorney Vaughn E. Wilson and City Secretary -Treasurer Lavenia Lowe. Absent : Commissioners Lennis Baker and David Casey. Invocation was given by City Manager H.P. Clifton. Abtion by Cammissioner Byrd, seconded by Commissiner Maxey, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea none voting Nay, the Minutes of Regular Meeting of April 25, 1957 were approved. 7-16-266-711 potion by Commissioners Byrd, seconded by Commissioner Maxey, motion mr&ed, Mayor Forrest and Com- missioners Byrd and Maxey voting YLa, none voting Nay, Ordinance No. 2192 was passed on second and final reading. ORDINANCE NO. 2192 AN ORDINANCE ABANDONING AND CLOSING A PORTION(? AVENUE J IN THE CITY OF LUBBOCK AS MORE PARTICULARLY HEREINAFTER ]DESCRIBED, AND DIRECTING THE CITY ENGINEER TO INDICATE THE CLOSING AND ABANDONING OF THE AFORESAID PORTION OF AVENUE J. 7-16-266-712 pbtion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, Ordinance No. 2193 was passed on third sad final reading. ORDINANCE NO. 2193 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING A PORTION OF UVALDE AVENUE, DETROIT AVENUE, 20TH STREET, AVENUE W „ KEMPER STREET, JARVIS STREET,NORTH AVENUE L, NORTH CHERRY AVENUE, FIR AVENUE, BAST 28 TH STREET, EAST 31 ST STREET, TEAK AVENUE, EAST 32 ND STREET, LOCUST AVENUE, AVENUE G, 40TH STREET, 43rdSTREET, AVENUE P, 1ST STREET, 47 TH STREET, SOTTH 1/2 48 TH STREET; WEST 1/2 AKRON AVENUE, 41 ST STREET, KNOXVILLE AVENUE, 35 TH STREET, LOUISVILLE AVENUES, EAST 1/2 VICKSBURG AVENUE, NASHVILLE AVENUE, 39TH STREET, 3rdSTREET, TEMPLE AVENUE, REDBUD AVENUE, AVENUE U, EAST 1/2 AVENUE U, 5TH STREET, 58tH STRW , 38 TH STREET, WEST 1/2 ELGIN AVENUE, MEMpHIS AVENUE, FLINT AVENUE, NORTH GARY AVENUE, BATES STREET, FAST 36 TH STREET, INDIANA AVENUE, ALLEY BETWEEN AVENUE X AND COLLEGE AVENUE AND BETWEEN 19TH STREET AND 20th STREET, E-W ALLEY BETWEEN BR ADWAY AND 13 TH STREET AND AVENUE E APB AVENUE F, ALLEY IN BLOCK 1, PALACE HEIGHTS, ALLEY BETWEEN 34TH STREET AND 35TH STREET AND BETWEEN AVENU$,X & COLLEGE AVENUE, ALLEY BETWEEN AVENUE W AND AVENUE X AND PnVEEN 18 TH STREET AM 19TH STREET, ALLEY BETWEEN 32ND STREET AND 33rd STREET AND AVENUE U AND AVENALLEY BETWEEN 33rd STREET AND 34th STREET AND AVENUE U AND AVENUE V, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE arY OF =BOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTLE R SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH .ASSESSMENTS AND,FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. 7-1=u-266-713 lbtion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, Ordinance No. 2208 was passed on second and final reading. ORDINANCE NO. 2208 AN ORDINANCE ABANDONING AND CLOSING A NORTH -SOUTH ALLEY IN TRACT NO. 7, STUBBS SUBDIVISION, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED; AND DIRECTING THE CITY ENGINEER TO INDICATE THE CLOSING AND ABANDONING OF SAID ALLEY. 7-16-266-714 potion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Byrd, and Maxey voting Yea, none voting Nay Ordinance No. 2168 was passed on second and final reading. ORDINANCE N0. 2168 AN ORDINANCE ANNEXING AN AREA AND TRACT ABUTTING AND ADJACENT TO THE EXISTING CORPORATE LIMITS OF THE CITY OF LUBBOCK, BEING A TRACT OF LAND OUT OF SECTION 4, BLOCK B, AND SECTION 2, BLOCK S, LUBBOCK COUNTY, TEXAS, SAID TRACT BRING 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 ARE, PROVIDING FOR PUBLICATION ANDTHE 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. -16-266-715 potion by Commissioner Macey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Oam- missioners Byrd and Maxey voting Yea, none voting Nay, Ordinance No. 2169 was passed on second and fhal reading. ORDINANCE NO. 2169 AN ORDINANCE ANNEXING AN AREA AND TRACT ABUTTING AND ADJACENT TO THE EXISTING CORPORATE LIMITS OF THE CITY OF LUBBOCK, BEING A TRACT OF LAND OUT OF SECTION 6, BLOCK B, LUBBOCK COUNTY, TEXAS AND THE NORTH 150 FEET OF THE NE 1/4 OF SECTION 1, BLOCK E, LUBBOCK COUNTY, TEXAS, SAID TRACT BRING 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; PROVIDING FOR PUBLICATION AND THE FINAL PASSAGE UNDER PROVISIONS of SECTION 3-A, ARTICLE 1, CHAPTER 1, OF THR CHARTER OF THE CITY OF LUBBOCK* AND EXTENDING THE CITY LIMITS TO INCLUDE SAID AREA. 57-16-267-716 Abtion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, Ordinance No. 2170 was passed on second and final reading. ORDINANCE NO. 2170 AN ORDINANCE ANNEXING AN AREA AND TRACT ABUTTING AND ADJACENT TO THE EXISTING CORPORATE LIMITS" OF THE CITY OF LUBBOCK, BEING A TRACT OF LAND OUT OF SECTION 6, BLOCK B, LUBEO CK COUNTY, TEXAS, SAID TRACT BEING ICE 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; PROVIMG FOR PUBLICATION 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. 57-16-267-717 kbtion by Oommissioner Byrd, seconded by O=missioner Maxey, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, Ordinance No. 2210 was passed as an emergency measure. ORDINANCE NO. 2210 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 1980 OF THE CITY OF LIIBEOCK BY ADDING THERETO TWO NEW SUBDIVISIONS SO AS TO CHANGE THE SPED LIMITS ON CERTAIN STRIIIS AS MORE PARTICULARLY HEREINAFTER DESCRIBED; PRESCRIBING A PENALTY; PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. 57-16-267-718 M)tion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Pbmest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, Ordinance No. 2211 was passed as an emergency measure. ORDINANCE NO. 2211 MUNICIPAL ORDINANCE AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTION OF (Idalou Road) IN THE CITY OF Lubbock, BETWEEN THE FOLLOWING LIMITS, TO -WIT: FROM the intersection of U.S. 82 with U.S. 62 TO the Lubbock City Limits, At Baylor Street, HEREINAFTER REFERRED TO AS "THE PROJECT" AND AUTHORIZING THE MAYOR OF THE CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAME, A CERTAIN CONTRACT BETWEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE CON- STRUCTION, MAINTENANCE, EXISTENCE AND USE OF SAID PROJECT; AND DETERMINING TiE LIABILITIES AND RESPONSIBILITIES OF THE CITY AND THFATATE OF TEXAS WITH REFERENCE THERETO; AND DECLARING AN EMERGENCY AND PROVIDING THAT THE ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREEMENT STATE OF TEXAS X COUNTY OF TRAVIS X This agreement made this 9th day of May .1957 by and between the State of Texas, herein'¢ after referred to as the "State", party of the first part, and the City of IubbDck, Lubbock County, +I Texas, acting by and through its duly authorized officers under an ordinance passed the 9th day of lfff May, 1957, hreinafter called the "City", party of the second part,. WITNESSETH WHEREAS,the City has requested the State to contribute financial aid in the improvement and maintenance of Idalou within such City, from t.ie intersection of U.S. 82 with U.S. 62 to the Lubbock City Lit at Baylor St. the route of Highway No. U. S . 62 & 82 and hereinafter called the "Project" and has by proper ordinance authorized the state to enter upon and improve and maintain or assist the City in the improvement and maintenance of said project; and WHEREAS, the State Highway Oommission has approved a program of work which includes the project described above, and the State Highway Engineer, acting for and in behalf of the State Highway Com- mission in activating such program, has made it known to the City that the State will assist the City in the improvement and maintenave of said project, conditioned that the City, as contemplated by Senate Bill 415, Acts 46th Legislature, Regular Session, will enter into agreements with the State for the purpose of determining the liabilities and responsibilities of the parties with reference thereto. AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: Proiect Authorization It is understood and agreed between the parties hereto that the City by virtue of the provision of its charter and the laws of the State of Texas has exclusive control of and jurisdiction over all streets and public w4s within the incorporated limits of such City, and the the City has requested and consented to the contruction and maintenance of the project and the State in the construction andj maintenance of suchproject does so at the special instance and request of the City. The City, in consideration of the mutual covenants herein contained, does hereby agree to a does hereby authorizes the State to improve or assist in the improvement of said project at t)p location and in the manner sblown on the construction plans to be approved by both parties. It is mutually agreed that as the project is developed to the conrruction stage, either as a unit or in increments, both parties shall approve such plans by signature approval thereon, and a copy of such plans for the unit or for each increment as such increment is developed will be attached hereto, marked 111khibit A", and made a part hereof in all respects. Right of Way and Ekisting Utilities The City will provide without cost to the State a right of way for the project free of all obstructions and encroadhments, and of a width sufficient to provide properly for the improvements shah on th*lans. The City will provide without cost to the State for the installation, removal or other necessary adjustment of any and all utilities andservtes, whether publicly or privately owned, as may be necessary to permit the proper improvement, maintenance and use of said project. Existing utilities shall be adjusted in regpect to lotion and type of installation in accordance with requirements of the State. If, upon receipt of written request by the State, the City does not promptly carry out any provision of this paragraph and delay results in additional expense to the State, such expense will be the direct charge and obligation of the City. Construction Responsibilities The City and the Sate will provide for the items of construction for which each has assumed financial responsibility. For the items of construction which are the State's financial responsibility, the State will prepare or provide for the construction plans, advertise for bids, and let the construction constract, or otherwise provide for the construction and will supervise the construction, reconstruction or betterment work as required by said plans. As the project is developed to the construction stage, either as a unit or in increments, the State will secure the City's approval of the construction plans fir each increment or the unit prior to award of contract. If there are items of construction which are the City's responsibility, the City will prepare plans and accomplish construction, and the design and construction procedures will be subject to inspection and approval of the State. If desired by the City and approved by the State, an*art or all of the items of construction which are the City's responsibility may be included in the plans and made a part of the construction work to be undertaken by the State. In this event the State will prepare the plans, let the contract, and supervise the construction, and the City will pay to the State the cost of the items which are the City's responsibility. The details of cost participation and method of payment will be covered by a separate agreement to be executed between the City and the State prior to the undertaking of construction. General The City and the State on the day of ,1957, entered into an agreement, hereinafter called "Municipal Maintenance Agreement", establishing the responsibilities of both Parties in respect to the maintenance and operation of the then existing system of highways within the City. This Municipal Maintenance Agreement includes the provision that in the event the system of highways is changed, the full effect and all conditions of the Municipal Maintenance Agreement shall apply to the changed highway system unless the execution of a new agreement on the changed portion is requested by either the City or the State. The Mnicipal Maintenance Agreement under the general section headed"Coverage" lists in Para- graph numbered one (1) the sections of highways routes on which to State assumed certain maintenance responsibilities, and under Paragraph numbered two (2) lists the sections on which the City would be responsible for all maintenance except that the State would erect and maintain route, directional, and destination signs and markers. It is hereby agreed that these listings shall be modified as necessary to include this project in the listing under Paragraph numbered one (1) for certain maintenance responsibilities by the State, provided that if any section of this project is to be excluded from the listing in Paragraph numbered one (L) and included inParagraph numbered two (Z) such section is identified as follows: It is further agreed by the City and State that no other revision in the Municipal Maintenance Agreement is required and that the full effect and all conditions of the Municipal Maintenance Agreement whall apply to this project. The municipal Maintenance Agreement is hereby supplemented by this construction agreement for this project, and a copy shall be attached thereto and made a part thereof in All respects. Special Conditions The City of Lubbock hereby agrees to furnish the State of Texas a check for $6,623.75 for the con- struction of 3,785 linear feet of curb and gutter along said U.S. Highway 62 and 82 within the City limits of Iibbock. Indemnification The City agrees to indemnify the State against any and all damages and claims for damage to adjoining, abutting or other property for which tie State is or may be liable arising out of, inci- dent to or in any way connected with the installation, the construction, the existence, the use and/or maintenance of such project and does herdy agree to indemnify the State against and and all court costs, attorneys' fees and all expenses in connection with suits for such damage and shall, if requested to do so in writing, assist or relieve the State from defending any such suits brought against it. Nothing in this agreement shall be construed to place any liability on the City for personal injury arising out of the construction of such project. Furthermore, it is not the intent of this agreement to impose upon the City the liability for injury to person or property arising out of the construction of the project by the State's contractor unless the state itself would be liable for such injury or damage. Nothing herein contained shall be construed to place upon the State any manner of liability for injury to or death of persons or for damage to or loss of property arising out of or in anynanner connected with the maintenance or use of the pooject, and the City will save the State harmless from any damages arisinDhm said maintenance and/or use of said project. It is further understood and agreed between the parties hereto that the improvements and/or maintenance (f the project by the State is for the sole purpose of providing the travelling public a more adequate travel facility and shall never be the basis of any claim for State assumption, or participation in the payment, of any of the obligations of the City incurred in the improvement, pas or present, of any street project. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Iabbock on the 9th day of May, 1957 and the Highway Department on the day of ,1957. ATTEST: C ITY OF Lubb oc k BY Is/S.S. FORREST,JR., Mayor /s/ LAVENIA LOWE. City Secretary -Treasurer THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out tie orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: BY Administrative Engineer APPROVAL RECOMMENDED: District Engineer Engineer Road Design Engineer, Land Service Roads 11 57-16-269-719 NOTICE OF ZONING HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Commission will hold a public hearing on the 9th day of May, 1957, at 10:00 o'clock A.M. in the City Commission Room on the First Floor of de City Hall in Lubbock, Texas to consider the recommenitions of the Zoning and Planning Commission that the zoning district of the property herein descriibed be changed; and at which time and place all interested persons will be Jlven an opportunity to be heard, after which hearing, the City Commission will determine -whether the Zoning Ordinance and map will be amended in accordance with such recommendation,. ZONE CASE NO. 625 - Request of 1&s. J. B. Lewis to change lots 1 and 2, Westwood Drive Addition, to the City of lubbock, Lubbock County, Texas, from an "R-2" to an "R-3" zoning district (Vicinity of 21st Street and Knoxville Avenue). The Planning and Zoning Commission recommended to the City Commission that the above request be granted, subject to the following conditions: 1. That 21st Street be dedicated to a right-of-way width of 60 feet. 2. That a solid seven foot masonry screening fence be constructed along tivm rear of the property considered by this case. ZONE CASE NO. 631 - Request of Raymond Lee Johns to change all of Block 11, Whitehead second Addition to the City of Lubbock, Lubbock County, Texas, from a "G3" to a "C-4" zoning district. (vicinity of Idalou Road and Quirt Avenue). the Planning and Zoning Commission recommended to the City Commission that the above request be granted. ZONE CASE NO. 633 - The Planning and Zoning Commission of the City of Lubbock authorized a zoning hearing on the following described property; Ten (10) acres out of the northwest quarter of Section 3, Block E, Lubbock County, Texas BEGINNING at a point 1980 feet south of the Northwest corner of said section; THENCE Fast 1320 feet; THENCE south 330 feet; THENCE West 1320 feet; THENCE North 330 feet to the place of BEGINNING. (College Avenue and 56th Street). The Planning and Zoning Commission recommended to the City Commission that the property considered by this case be changed from an "r-3 " to an "R-l" zoning district. ZONE CASE NO. 634 - The Planning and Zoning Commission cf the City of Lubbock authorized a zoning hearing on the following described property: That area in the City of Lubbock, Lubbock County, Texas, bounded on thewest by the centerline of Ute Avenue or the extension thereof, bounded on the north by a line, said line being parallel to and 330 feet north of the centerline of East Fmm:th Street, bounded on the east by the center- line of Zenith Avenue, or an extension thereof, and bounded on the south side by a line, said line being parallel to and 360 feet north of the centerline of East Broadway. The Planning and Zoning Commission recommended to the City Commission that the property con&tdered by this case be changed from an "R-2 " to an "R-1"zoning district. ZONE CASE NO. 635 - The purpose of thL hearing in this zone case is to consider repealing Ordi- nance No. 2069 of the Lubbock (City o;) in its entirety. Consideration will be given as to what modification of conditions for zone change will be made and to placing the following de- scribed area in a "C-3 " zoning district: The area located in the City of Lubbock, Lubbock -County, Texas, lying between the proposed South right-of-way line of the 50th Street expressway as setfor 300 foot of right-of-way, and a line, said line being the extension ofthe centerline of 53rd Street from the east, and between the centerline of Elgin Avenue and a line, said line being the extension of the centerline of Gary Avenue from the South. The Planning and Zoning Commission recommended to the City Commission that Ordinance No. 2069 of the City of Lubbock be repealed in its entirety, and that the property considered by this case be placed in a "C-3 " zoning district, subject to the following conditions: 1. That planting screens be provided along Elgin and Gary Avenues. 2. That at least 200 feet be kept char for parking on Elgin and Gary Avenues, as measured from the future property lines of Elgin and Gary Avenues as and when finally determined. 3. That there be not more than three total openings in each of the planting screens along Elgin and Gary Avenues for ingress and egress in combination with the adjacent planting screens of the adjacent commercial property. I sl LAVENIA_ _ LOWE City Secretary -Treasurer In accordance with the abom Notice of zoning hearing, said hearing was held at 10 o'clock A.M. No person appeared to protest in connection with the change of zone in either zone case 625, 631, 633, 634 or 635. 1-16-270 720 The City Commission considered zonecase 625, request of Ws. J. B. Lewis, to change lots 1 and 2, j,_j 7,u cer/,. _ - Westwood Drive Addition of the City of Lubbock from an "R-2" to "R-3" zoning district, said property being located in the vicinity of 21st Street and Knoxville Avenue, but no action was taken in this regard. 1-16-270-721 rbtion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, Ordinance No. 2212 was passed on first reading to change the zone, zone case 631, from "C-3" to 11C-4" zoning district. This property is located in the vicinity of Idalou Road and Quirt Avenue. - ORDINANCE NO. 2212 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 16Z AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAID, THE FOLLOWING CHANGE: ZONE CASE NO. 631: CHANGE ALL OF BLOCK 11, WHITEHEAD SECOND ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-3" TO A "C-4" ZONING DISTRICT. (VICMTY OF IDALOU ROAD AND QUIRT -AVENUE.) 7-16-270-722 M tion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, Ordinance No. 2213 was passed onfirst reading to change the Zone, Zone case 633, from 11R--3" to "R-1" zoning district. Tuts being_. approximately 10 acres of land located in the vicinity of College Avenue and 56th Street. ORDINANCE NO. 2213 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CIIrOF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 633 - CHANGE CERTAIN HEREINAFTER DESCRIBED PROPERTY FROM AN "R-3 " TO AN "R-1" ZONING DISTRICT. 7-16-270-723 Wtion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and com- missioners Byrd and Maxey voting Yea, none voting Nay, Ordinance No. 2214 was passed on first reading, to change the zone from "R-2 " to "R-1" of property located in the vicinity of Ute Avenue and E st 4th Street, Zenith Avenue and East Broadway. This being zone case 634. ORDI1A NCE NO. 2214 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. 634 - CHANGE CERTAIN HEREINAFTER DESCRIBED PROPERTY FROM AN "R- 2 " TO AN "R-1 " ZONING D I STRICT . 7-16-270-724 rbtion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Pbrrest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, Ordinance No. 2215 was passed on first reading to change the zone to "C-3" of property located in the vicinity of 50th Street and Elgin Avenue, this being zone case 635. This ordinance No. 2215, repeals Ordinance No. 2069. ORDINANCE NO. 2215 AN ORDINANCE REPEALING ORDINANCE NO. 2069 OF THE CITY OF LUBBOCK IN ITS ENTIRETY; AND PLACING CERTAIN HEREINAFTER DESCRIBED PROPERTY IN A "C-3" ZONING DISTRICT SUBJECT TO THE CONDITIONS WHICH ARE HEREINAFTER- SET BD RTH IN THE BODY OF THIS ORIHIANCE (ZONE CASE 635) . W. Orville Alderson, Director of Planning, appeared before the City Commission in support of zone cases 631, 633, 634 and 635, stating that they are in accordance with the over-all plan for zoning in the City of Lubbock andrae recommended as set out in the above ordinances, by the Planning and Zoning Commission 7-16-270-725 ibtion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION WHEREAS, by a Deed dated June 14, 1944, recorded in Volume 289 at Page 545 of the Deed Records of Lubbock County, Texas, O.W. Ribble, as Mayor of the City of Lubbock and as authorized agent for the City of Lubbock, conveyed to Jasper Calvin Davis certain real property located and situated in Lubbock County, Texas, particularly known and described as: Block Fifteen (15) of the happy Hynes Addition to the City of Lubbock, Lubbock County, Texas; Which deed is attested by levenia Williams, City Secretary, and bears thgfcorporate seal cf the City of Lubbock; and, WHEREAS, the execution and delivery of such Deed was authorized by Resolution of the City Com- mission of the City of Lubbock, recorded in Book Six (6) Page Five Hundred Forty Six (546) of the Minutes of the City Commission of the City of Lubbock, but which record of such Resolution fails to show that said land is located in Lubbock County, Texas, NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the above described Deed so executed and delivered by O.W. Ribble as Mayor of the City of Lubbock BE and the sane is hereby in all things ratified and confirmed. Passed by the unanimous vote of the Commission this 9th day of May, 1957. 57-16-271-726 Mayor ATTEST: /s/ LAVENIA LOWE, City Secretary,Treasurer rbtion by Commissioner Byrd, seconded by Commissioner bbxey, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, the following resolution was pase d. RESOLUTION WHEREAS, the City of Lubbock is the owner of an easement across Blocks 7 and 8 Wheelock Additions to the City of Lubbock, Texas, and, WHEREAS, the easement is such that it covers the entire property and that prospective users of such property are not able to determine where they may safely make improvements, a►d, WHEREAS, the City Commission finds that it would be in th4ipublic interest to release so much of Block 7 and 8 of the Wheelock Addition to the City of Lubbock, Texas, from said easement as is not actually needed or contemplated to be needed in the foreseeable future, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBB(E K: SECTION 1. THAT the Mayor be and he is hereby authorized to execute and deliver a quit claim deed on behalf ofthe City of Lubbock to Claud Keeton and others conveying its interest in and to its easement across Blocks 7 and 8 Wheelock Addition to the City of Lubbock, Save and except that the City of Lubbock shall reserve to itself for its own use aid behalf from such quit claim a 20 foot easement for any and all present existing sanitary or storm sewer lines, together with the right of ingress, egress and regress and the right to construct, reconstruct, alter, repair, and maintain preset and future storm and sanitary sewer lines, free of damages. SECTION 2. THAT the City Secretary -Treasurer shall attest such quit claim deed affixing the seal of the City of Lubbock thereto. Passed by the City Commission this 9th day of May, 1957. ATTEST: /s/ LAVEN7A LOWE City Secretary -Treasurer THE STATE OF TEKAS X COUNTY OF LUBBOCK X /s/ S. S. FORREST, JR., Mayor KNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK, a Home Rule Municipal Corporation, of Lubbock County, Texas, for and in consideration of the sum of $1.00 DOLLARS, to it in hand paid by Claud Keeton of Lubbock County, Texas, and other benefits to the .grantor herein receipt of which is hereby acknowledged and confessed, do by these presents, BARGAIN, SELL, RELEASE AND FOREVER QUIT CLAIM unto Claud Keeton and the other property owners of Blocks 7 and 8, Wheelock Addtion to the City of Lubbock, Lubbock County, Texas, all its rights, title and interest in and to Blocks 7 and 8, Wheelock Addition to the City of Lubbock, Lubbock County, Texas, SAVE AND EXCEPT: There is excepted from this conveyance and reserved to the City of Lubbock, Lubbock County, Texas, perpetually the right to construct, re -construct, alter,vary, repair and perpetually maintain sanitary sewer and storm sewer pipes and lines, over, under, thr.-)ugh, and across the following described parcels of land, situated in Block 7 and S, Wheelock Addition, an addition to the City of Lubbock, Lubbock County, Texas, and such property being excepted anti reserved being 20 foot wide tracts of land described by metes and bounds as follows: TRACT i - 20' Storm Sewer Easement 20 foot storm sewer line easement, centerline of which is described as follows: BEGINNING at a point, said point being the intersection of the East line of Block 7, Wheelock Addition to the City of Lubbock, Lubbock County, Texas, extended South with the centerline of the existing storm sewer; said point also being 274.4 feet South of tide present Northeast corner of said Block 7; THENCE along the centerline of said storm sewer on an angle of approximately North 500 52' West to a point of curvature, said point being 89.2 feet West and 203.2 feet South of said Northeast corner of Block 7, Wheelock Addition; THENCE continuing in a Northwesterly direction around a curve to the left with a radius of 200', a distance of 127 feet more or less to a point of tangency, said point being 175.2 feet South and 162.7 feet West of the present Northeast corner of said Block 7; THENCE Northwesterly along the center line ofsaid storm sewer a distance of 663.2 feet more or less to the point of intersection of said centerline with the original West line of Blocl: 7, said point bf intersection being 142 feet South and 825 feet West of the present Northeast corner of Block 7; TRACT 2 - 20' Sanitary Easement 20 foot sanitary sewer line easement, centerline of which is described as follows: BEGINNING at a point, said point being the intersection of the centerline of the existing 15 inch sanitary sewer line and the present Nort:i line of Block 8, Wheelock Addition, Lubbock County, Texas, said point also being 598 feet more or less Wet of the present Northeast corner of said Block 8; THENCE in a Southeasterly direction at an approx. angle of 39 with the present North line of Block 8 and being along the centerline of the pipe line a distance of 764 feet more or less to a point having crossed both Blocks 8 and 7, Wheelock Addition, said point being 477.4 feet South of the present Northeast corner of Block 8/and being in the East lines of Blocks 8 and 7 extended South. Together with the right of ingress,regress and egress at all times and seasons as to said City shall be necessary and proper. It being also the intention that the City of Lubbock shall have retained also the right to remove any obstructions which have been or may be placed upon or across such tracts herein reserved, without being required to pay any damages to the owners of such obstructions. TO HAVE AND TO HOLD the said premises, together with all and singular therights, privileges and appurtenances thereto in any manner belonging unto the said Claud Keeton and other property owners, their heirs and assigns forever, so that neither the City of Lubbock nor its successors and assigns, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. WITNESS THE HAND OF THE CITY OF LUBBOCK, this 9th day of May ,1957. CITY OF LUBBOCK BY / s / S. S. FORREST,- JR.,, _ Mayor ATTEST: /s/ LAVENIA LOWE City Secretary -Treasurer THE STATE OF TEXAS X COUNTY OF LUBBOCK X underst ned BEFORE HE, the/authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared S.S. FORREST, JR., known to me to be the persons whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAY% for the purposes anc*onsideration therdn expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of May 11957. ls/ J. R. BLUMROSEN Notary Public, Lubbock County, Texas i7-16-272-727 Nbtion by Commisioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Com- missiorers Byrd and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION WHEREAS, heretofore on the 28th day of June, 1956, the City of Lubbock passed Ordinance No. 1927, such instrument being recorded in Volume 625, Page 47 of the Deed Records of Lubbock County, Texas, s uch Ordinance containing a notice of improvements and apportionment of costs of such improve- ments by assessing a lien upon the property abutting thereon, and in such Ordinance therewas in- cluded paving assessments for Subunit No. 1 of Paving [knit No. 1844, Subunits No. 5,6,8, Pat of 9, 14, and 22 of Paving Unit No. 1845, Subunits No. 2 and 3 of Paving Unit No. 1846, and Subunit 1 of Paving Unit No. 1847; and, WHEREAS, under the aforesaid subunits such impavements have created no lien or liens against the property assessed pursuant to said subunits by reason of the fact that such paving improvements have not been made and there is no immediate plan of making street improvements upon the streew included in said subunits as embodiedrin Ordinance No. 1927 aforementioned, and it is expedient to remove the cloud and apparent lien placed upon the title of the property abutting the streets to be impmred which were included in said sub -units; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CaM KISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Myor BE, and he is hereby authorized and directed to execute and the City Secretary is directed to attest for and in behalf of the City of Lubbock, a joint release with &rr and Middleton, a Partnership, of any and all liens, apparent liens, or cloud upon title shown of record to exist upon any property abutting streets to be improved pursuant to Subunit No. 1 of Paving Unit No. 1844, Subunits M. 5,6,8, Part of 9, 14,22 of Paving Unit No. 1845, Subunits No. 2, and 3 of Paving Unit No. 1846, and Subunit No. 1 of Paving Unit No. 1847, included in Ordinance M. 1927 of the City of Lubbock, Texas. SECTION 2. That such Release is to contain the provisions that it shall not affect any property or liens not expressly released thereby. Passed by the Commission this 9th day of May. ,1957. ATTEST: /s/ LAVENIA LOVE, City Secretary -Treasurer PAVING RELEASE THE STATE OF TEXAS X COUNTY OF LUBBOCK X _ LsI - S. S.--FORREST_,- JR. _ Wyor WHEREAS, heretofore on the 28th day of June, 1956, the City of Lubbock passed Ordinance No. 1927, such instrument being recorded in Volume 625, Page 47 of the Deed Records of Lubbock County, Texas, such Ordinance containing a notice of improvements and apportionasnt of costs of such improve- ments by assessing a lien upon the property abutting thereon, and in such Ordinance there was in- cluded paving assessments for Subunit No. 1 of Paviig Unit No. 1844, Subunits No. 5,6,8, Part of 9, 14, and 22 of Paving Unit No. 1845, Subunits No. 2 and 3 of Paving Unit No. 1846, and Subunit No. 1 of Paving Unit No. 1847; and, WHEREAS, under the aforesaid subunits such improvements have created no lien or liens against the property assessed pursuant to said subunits by reason of the fact that such paving improvements have not been made and there is no immediate plan of making street improvements upon the streets included in said subunits as embodied in Ordinance No. 1927 aforementioned, and it is expedient to remove the cloud and apparent lien placed upon the title of the property abutting the streets to be improved which were included in said Subunits; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT the City of Lubbock acting by azd through its officers heretofore duly authorized by Resolution of the City Commission, a certified copy of which is attached hereto, in consideration of the premises, the City of Lubbock and Nerr and Middleton, a Partnership of Lubbock, Texas, do hereby and by these presents RELEASE, RELINQUISH, AND FOREVER QUIT CLAIM TO t:-e owners of property affected by paving assessment liens assessed pursuant to said sub- units, as embodied in Ordinance No. 1927, their heirs, administrators, executors and assigns, all right, title and interest they may have in and to all those lots, tracts or parcels of land abutting property lying and being situated in the City of Lubbock, Lubbock County, Texas, and being further described as abutting said subunits as follows, to -wit: Paving Unit Location Subunit No. 1 of Unit No. 1844 Subunit No. 5 of Unit No. 1845 Subunit No. 6 of Unit No. 1845 Subunit No. 8 of Unit No. 1845 Part of East loth Street from W. Pay. L. Quirt Avenue to EGL Oak Avenue. Auburn Street from WGL Flint Avenue to WGL Gary Avenue Auburn Street from WPL Boston Avenue to W.L. of Tract 57, Arnett -Benson Sub. Boston Avenue from SPL Auburn Street to NPL Amherst St. Subunit No. 9 of Unit No. 1845 Boston Avenue from NPL Amherst Street to NPL of Alley North of First Street Subunit No. 14 of Unit No. 1845 21st Street from WGL Avenue L to EGL Ave nue M Subunit No. 22 of Unit No. 1845 Nutmeg Avenue from SW Pay. L. Railroad Avenue to F.W. & D.C.R.R. ROW Subunit No. 2 of Unit No. 1846 First Street from WGL Boston Avenue to EGL Canton Avenue Subunit No. 3 of Unit No. 1846 Canton Avenue from SGL First Street to NGL First Place Subunit No. 1 of Unit No. 1847 Sixth Street from WPL Avenue K to EPL alley West of Ave K This Release affects only property abutting on streets included in Paving Units and Subunits as above mentioned as embodied in Ordinance No. 1927 of the City of Lubbock and in no way affects any property or liens not specifically described herein, and all liens and apparent liens against property owners not otherwise released are hereby expressly retained. Executed this the 9th day of May ,A.D., 1957. ATTEST: / s/ LAVENIA L OWE, - ----- - City Secretary -Treasurer CITY OF LUBBOCK BY /s/ S. S. FORREST, JR., Mayo r KERR AND MIDDLETON /s/ E.V. MIDDLETON ,Partner !� !I THE STATE OF TEXAS X /s1 JAMES C. KERR ,Partner COUNTY OF LUBBOCK X �t BEFORE ME, the undersigned authority , a Notary Public, in and for Lubbock County, Texas, on this day personally appeared S.S. FORREST, JR., Rnown to me to be the person whose narue is subscribed to the foregoing ine:rument, and acknowledged to me that he executed the same as the act and deed of the City of Lubbock and as Mayor, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 9th day of May ,1957. Nary Public, Lubbock County, Texas THE STATE OF TEXAS X {; COUNTY OF LUBBOCK X BEFORE ME, the undersigned, a Notary Public, in and for Lubbock County, Texas, on this day personally appeared B.V. MIDDLETON known to me to be the person whose name is subscribed to the fore- going instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 30th day of April 1957. _(sl JOHNNIE L. HOWELL _ THE STATE OF TEXAS X Notary Public, Lubbock County, Texas COUNTY OF LUBBOCK X BEFORE ME, the undersigned, a Notary Public, in and for Lubbock County, Texas, on this day personally appeaed JAMS C. KERR known to me to be the person whose name is subscribed to the fore- going instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed,. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 30th day of April 01957. 7-16-274-728 Isl JOHNNIS L. HOWELL Notary Public, Lubbock County, Texas Pbtion by Commissioner Maxey, seconded by Commissioner Byrd, motioncarried, Mayor Forrea: and Com- missioners Byrd, and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION WHEREAS, heretofore on the 14th day of June, 1950, the City of Lubbock passed Ordinance No. 1908, such instrument being recorded in Volume 622, Page 323 of the Deed Records of Lubbock County, Texas, such Ordinance containing a notice of improvements and apportionment of costs of such improvements by assessing a lien upon the property abutting thereon, and in such Ordinance there was included paving assessments for Subunits No. 1,2,18,14 and Paving Unit No. 1851, and Subunit No.1 and 3 of Paving Unit No. 1853; and, WHEREAS, under the aforesaid subunits such improvements have created no lien or liens against the property assessed pursuant tosaid subunits by reason of the fact that such paving improvements have not been made and there is no immediate plan of making street improvements upon the streets included in said Subunits embodied in Ordinance No. 1908 aforementioned, and it is expedient 0to remove the cloud and apparent lien placed upon the title of the property abutting the streets/be improved which were included in said subunits; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK": SECTION 1. THAT the Mayor BE, and he is hereby authorized and directed to execute and the City Secretary is directed to attest for and in behalf of the City of Lubbock, a joint release with West Texas Construction, Inc., a corpar ation, of any and all lliens, apparent liens, or cloud upon title shown of record to exist upon any property abutting streets to be improved pursuant to Subunits No. 1,2,18,14 and 15 of Paving Unit No. 1850; Subunits No. 1,2,6, 14,16,19,22 and 23 of Paving Ua it No. 1851; and Subunits No. 1 and 3 of Paving Unit No.1853, included in Ordinance No. 1908 of the City of Lubbock, Texas. SECTION 2. THAT such release is to contain the provisions that it shall not affect any property or liens not expressly released thereby. Passed by the Commission this 9th day of May .1957. /s/ S. S. BORREST, JR., Wyor ATTEST: /sl LAVENIA LOWE, dLty Secretary -Treasurer PAVING RELEASE THE STATE OF TEXAS X COUNTY OF LUBBOCK X WHEREAS, heretofore on the 14th day of June, 1956, the City of Lubbock passed Ordinance No.1908 such instrument being recorded in Volume 622, Page 323 of the Deed Records of Lubbock County, Texas, such Ordinance containing a notice of improvements and apportionment of costs of such improvements by assessing a lien upon the property abutting thereon, and in such Ordinance there was included paving assessments for Subunits No. 1.2.18,14 and 15 of Paving Unit No. 1850; Subunits No. 1,2,6,14, 16,19,22 and 23 of Paving Unit No. 1851; and Subunits No. 1 and 3 of Paving Unit No. 1853; and, WHEREAS, under the aforesaid subunits such improvements have created no lien or liens against the property assessed pursuant to said subunits by reason of the fact that such paving improvements have not been made and there is no immediate plan of making street improvements upon the streets included in said subunits as embodied in Ordinance No. 1908 aforementioned, and it is expedient to remove the cloud and apparent lien placed upon the title of the property abutting the streets to be improved which were included in said subunits; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT the City of Lubbock acting by and through its officers heretofore duly authorized by Resolution of the City Commission, a certified copy of which is attached hereto, in consideration of thekemises, the City of Lubbock and West Texas Construction,Ir a Corporation, acting by and through its officers heretofore duly authorized, do hereby and by these presents RELEASE, RELINQUISH, and FOREVER QUIT CLAIM to the owners of property affected by paving assessment liens assessed pursuant to said subunits, as embodied in Ordinance No. 1908, their heirs, administrators, executors and assigns, all right, title and interest they may have in and to all those lots, tracts or parcels of land lying and being situated in the city of Lubbock, Lubbock County, Texas, and being further described as follows, to -wit: Paving Unit Location Subunit No. 1 of Unit No. 1850 28th Street from EL Morning Side Addition to EGL Avenue D Subunit No. 2 of Unit No. 1850 29th street from EL Morning Side Adds tion to WGL of Avenue D Part of Subunit No.13 of Unit No. 1850 Part of Subunit No.14 of Unit No. 1850 Subunit No.15 of Unit No. 1850 Subunit No. 1 of Unit No. 1851 Aunue L from SPL Alley North cf 40th Street to NPL 40 th St. Avenue L from SPL alley North of 41st Street to NPL,, of 41st Street Avenue lufrom SPL 41st Street to NPL 42nd Street Axe nue D from SPL 28th Street to NPL 29th St (East Leg) Subunit No. 2 of Unit No. 1851 Subunit No. 6 of Unit No. 1851 Subunit No.14 of Unit No. 1851 Subunit No.16 of Unit No. 1851 Subunit No.19 of Unit No. 1851 Subunit MD.22 of Unit No. 1851 Subunit No.23 of Unit No. 1851 Subunit No. 1 of Unit No. 1853 Subunit No. 3 of Unit No. 1853 Avenue D from SPL 29th Street. Avenue P from SPL 34th Avenue G from SGL 56th Avenue W from SGL 46th Avenue V from SGL 36th Avenue W from SPL 38th Avenue W from SGL 39th West 1/2 of Indiana Ave South of 47th Street Indiana Ave from SPL of North of CL of 50th St. Street (East Leg) to NGL 30th 0 Street to NPL 39th Street. Street to NWGL Avenfie D Street to NGL 47th Street Street to NGL 37th Street Street to NGL 39th Street Street to NGL 40th Street from NPL 46th St. to NPL alley (West leg) alley Sodh of 48th St. to 300' This Release affects only property abutting on streets included in paving units and subunits as above mentioned as embodied in Ordinance No. 1908 of the City of Lubbock and in no way affects any property or liens not specifically described herein, and all liens and apparent liens against property owners not otherwise released are hereby expressly retained. Ekecuted this 9th day of Nay .1957. CITY OF LUBBDCK ATTEST: BY:_1s/ S. S.FORREST, JR. , Mayor /s/ LAVENIA LOWE City Secretary -Treasurer WEST TEXAS CONSTRUCTION COMPANY,INC BY: Is/_ W. D. TURNER, President ATTEST: /s/J.M. ,Tierney, Assistant Secretary -Treasurer THE STATE OF TEXAS X COUNTY OF LUBBOCK X BEFORE ME, the undersigned authority, a Notary Public, in and for Lubbock County, Texas, on this day personally appew ed S.S. Forrest, Jr., known to me to be the person whose name is subscribed to the foregoing instrument, and .acknowledged to me that he executed the same as the act and deed of the City of Lubbock and as Nayor, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 9th day of May., .1957. THE STATE OF TEXAS X Notary Public, Lubbock County,Texas COUNTY OF LUBBOCK X BEFORE HE, the undersigned authoxf:y, a Notary Public, in and for Lubbock County, Texas, on this day personally appeared W.D. TURNER, President of WEST TEXAS CONSTRUCTION, INC. a Corporation, known to me to be the person whose name is subscribed to the foregoing JMtrument and acknowledged to me that he executed the same as the act and deed of WEST TEXAS CONSTRUCTION, INC., a Corporation, for tue purposes and consideration therein expressedaad in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 30th day of April ,1957. Ls/ JOHN J. CUMBIE Notary Public, Lubbock County, Texas 57-16-275-729 Ahy 9, 1957 Honorable Hayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by J. R. Fanning, under his contract dated March 22, 1956, designated as G.W.Q. 1234-C, and find the improvements on the streets, avenues, and or alleys known and designated as Part of Sub -unit No. 6 of Unit No. 1856, Part of Sub -unit No. 8 of Unit No. 1856, Sub -units No. 2,3,4 and 5 of Unit No. 1859, as listed on the final estimate and assess- ment sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets, avenues and/or alleys, authorizing payment to the con- tractor the amount shown on the attached consolidated final estimate sheet as due him by the city of Lubbock and issue assignable certificates against property owners for the respective amounts shown on thefittached final assessment sheets as being due against them and their respective properties. lbtion by Commissioner Byrd, seconded by Commissioner missioners Byrd and Maxey voting Yea, none voting Nay, RESOLUTION Yours very truly, /s/ JOHN T. HICKERSON City Engineer Maxey, motion carried, Mayor Forrest and Com- the following resolution was passed: RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE CF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and reso- lutions and entered into contract with J. R. Fanning (G.W.O. 1234-C) for the making and construction of alley " /or street improvements on portions of numerous strAa s and/or alleys in said City including among others the following: 36th Street from its intersection with the West Line of Lot 12, Block 6, College Heights Addition to its intersection with the West Property Line of Quaker Avenue, known and designated as a part of Sub -unit Number 6 of Unit Number 1856. 37th Street from its intersection with the West Line of Lotl2, Block 7, College Heights Addition to its intersection with the West Property Line of Quaker Avenue, known and designated as a part of Sub - Unit Number 8 of Unit Number 1856. Quaker Avenue from its intersection with the Southeast Paving Line of the Brownfield Road to its intersection with the North Property Line of 30th Street (East Leg) and the West one-half of Quaker Avenue from its intersection with the North Property Linecf 30th Street (East Leg) to its intersection with the North Property Line of 34th Street and the East one-half of Quaker Avenue from its inter- section with the South Property Line of 32nd Street to its intersection with the North Property Line of the alley South of 32nd Street, known and designated as Sub -Unit Number 2 of Unit Number 1859. Quaker Avenue from its intersection with the South Property Line of 34th Street to its intersection with the North Property Line of the alley South of 36th Street, known and designated as Sub -Unit Number 3 of Unit Number 1859. West one-half of Quaker Avenue from its intersection with the North PF859. perty Line of the alley North of 37th Street to its intersection with the South Property Line of thlley South of 38th Street (East Leg), known and designated as Sub -Unit Number 4 of Unit Number Quaker Avenue from its intersection with the South Property Line of the alley South of 38th Street (East Leg) to its intersection with the North Otter Line of 42nd Street, known and designated as Sub -Unit Number 5 of Unit Number 1859. AND WHEREAS, the improvements upon the said portions of the abovementioned streets and/or avenues have been inspected and found to have been constructed in accordance with terms of said contract (GWO 1234- C) . ji THEREFORE, BE IT RESOLVED BY THE CITY CF LUBBOCK,TEXAS: That the improvements on said portions of the abovementioned streets and/or avenues be, and the same are hereby accepted. { II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against th4arcels of property abutting upon the said portions of streets and/or avenues listed above and against the owners of such property in accordance with law and in tl�e manner provided in said contract, and the proceedings with reference to said improvements and assessae nts where such assessments were levied. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 9th DAY OF MAX, 1957. ATTEST: / s/ LAVENIA LOWE, City Secretary -Treasurer /s/ S. S. 10RREST, JR. , Mayor CONSOLIDATED FINAL ESTIMATE SUB -UNITS ACCEPTED MAY 9, 1957 G.W.O. 1234- C QUANTITIES• Unit & Sub S.Y. Phv. S.Y. L.F. S.Y. S.Y. S.Y. Unit location Subgr. C&G Alley Valley Resurface Ret. Gutters Oal Part of 36th St.;80 feet West of Quaker 251.52 290.82 141.48 1856-6 Avenue, to Quaker Avenue. Part of 37th St.;80 feet West of Quaker 280.89 324.78 158.00 1856-8 Avenue. to Quaker Ave. 1859-2 Quaker Ave.; Brownfield Road to 29,440.86 31,289.84 6,480.37 48.88 2,575.56 34th St. 1859-3 Quaker Ave.;34th St. to alley S. 6,014.00 6,448.35 1,322.04 35.56 31.56 of 36th St. 1859-4 Wh Quaker Ave.;Alley S. of 36th 3,881.17 4,148.70 659.55 17.79 66.53 1,583.64 St. to alley S. of 38th St. 1859-5 Quaker Ave. ; Alley S. of 38th St. _8, 513. 77 9,220.37 2,050.94 53.33 31.56 _ 691.Z4 to 42nd St. Tbtals - 48,382.21 51,722.86 10,812.38 155.56 129.65 4,850.94 COST ESTIMATE 48,382.21 S.Y. Paving @$1.24/ S.Y• 59,993.94 51,722.86 S.Y. Subgr. @$0:19/ S.Y. 9,827.34 10,812.38 L.F. C & G @$1.45/ b.F. 15,677.95 155.56 S.Y.Conc. Alley Ret.@$4.00/ S.Y. 622.24 129.65 S.Y.Conc.Valley Nutters @$4.00/ S.Y. 518.60 4,850.94 S.Y. Resurface only @$0.75/S.Y. 3,638.20 Contract Cost $90,278.27 COST DISTRIBUTION 57-16-277-730 & Sub -Unit Contract Cost Property Owner Cost_ _ City to Contracto_r_N_OW_ ,Unit Part of 1856-6 572.29 620.11 - 47.82 Part of 1856-8 639.11 692.50 - 53.39 1859-2 53,975.46 25,906.82 28,068.64 * 1859-3 10867,98 0 10,867.98 1859-4 8:082.26 2,140.46 5,941.80 * 1859-5 16,141.17 6,657.14 9,484.03 * Totals 90,278.27 36,017.03 54,261.24 *NOTE: This Cost includes City's extra width and City's share May 9, 1957 HonorablelMayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by West Texas Construction, Inc., paving contractor, as authorized by a resolution passed and approved February 14, 1957, and find the improvements on streets known and designated as Unit Numbers 1875 and 1876 as listed on the attached final estimate sheet to have been completed in accordance with plans and specifications and recommend that you accept improvements on said streets, paying the contractor the amount shown on the attached consolidated final estimate sheet as due him by the City of Lubbock. Yours very truly /s/ John T. Hickerson City Engineer JHS :wm W tion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW: WHEREAS, the City of Lubbock passed a resolution on February 14, 1957, authorizing the construction of street improvements by West Texas Construction, Inc. paving contractor, on portions of various streets in said City including among others the following: 48th Street from its intersection with a line 18 feet East of the East property Line of Salem Avenue to its intersection with a line 655 feet East of the East Property Line of Salem Avenue, known and designated as Unit Number 1875. 49th Street from its intersection with a line 18 feet East of the East Property Line of Salem Avenue to its intersection with a line 655 feet East of the East Property line of Salem Avenue, Known and designated as Unit Number 1876. AND WHEREAS, the improvements upon the said portions of the abovementioned streets have been inspected and found to have been constructed according to the approved plans and specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS I. That the improvements on said portions of the abovementioned streets be, and the same are hereby accepted and the City Engineer be and is hereby authorized to direct the payment of the City's share. II. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 9TH DAY OF MAY, 1957. ATTEST: /s/ Lavenia Lowe. City Secreta APPROVED: lal JohntT. Hickerson. City Engineer APPROVED: /s/ Vaughn X. Wilson /isl S. S. Forrest, Jr. , MAYOR CONSOLIDATED FINAL ESTIW E MR UNITS 1875 AND 1876 AUTHORIZED FEBRUARY 14, 1957 ACCEPTED May 9, 1957 1-16-278-731 QUANTITIES: Unit No. Location S.Y. S.Y. L.F. Pav ins Sub r . C61 1875 O th St.;Salem Ave. to 655 feet East of 1,840.22 2,194.11 1,274.00 '§alem Ave. 1876 49th St.;Salem Ave. to 655 feet East of 1 840.22 2,194.11 1 274.00 Salem Ave. Totals 3,680.44 4,388.22 2,548.00 COST ESTIMATE 3,680.44 S.Y. Pay. @$1.15/S.Y. = $ 4,232.51 4,388.22 S.Y.9ubgr.@$0.20/ S.Y. a 877.65 2,548.00 L.F. C & G @$1.50/L.F. : ,3,822.00 Contract Cost $ 8,932.16 COST DISTRIBUTION 1875 1876 Totals ,466.08 ,932.16 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: $4,421.10 4,421.10 58,842.20 May 9, 1957 .98 am I have examined the paving improvements constructed by Kerr and Xddleton, Paving Contractors, unde� their contract with the subdivider of Rzykendall Heights lots 1-30; 41-70; 81-110 in accordance with, New Subdivision Ordinance No. 1331, and find the improvements on 43rd Street designated as New Sub- I division Unit No. 261, Utica Avenue designated as New Subdivision Unit No. 262, Utica Aveam design ated as New Subdivision Unit No. 263, Vicksburg Avenue designated as Nes Subdivision Unit No. 264, Vicksburg Avenue designated as New Subdivision Vait No. 265, Wayne Aveam designated as Nara Sub- division Unit bb. 266, Wayne Avenue designated as New Subdivision Uhit No. 267, York Avenue designated as NewSubdivbion Unit Ab. 268, York AavenueElesignated as New Subdivision Unit No. 269, as listed on the attached Thal estimate sheet to have been coupleted in accordance with puns and specifications and recommend the payment to the contractor the amount shown on the attached consoli- dated final estimate sheet as being due him from the City of Lubbock. Yours very truly, l sl JOHN T. NICKELSO I, City laginer M3tiou by (b=issioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Com- missioners Byrd and Mxey voting Yea, none voting Nay, the following resolution was passed: $BS�O�LL3TI�t RESQLUTION ACCEPTING IMPROVEM S ON PORTIONS OF STREETS, AND/ OR AVENUES AS LISTED BELOW. WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdividers of 1bykendall Heights, Iats 1-30; 41-70; 81-110 made arrangements with 8e;r and Middle- ton, Paving Contractors, for the construction of paving improvements on certain streetd dedicated in said subdivision under th4rovision of said ordinance, prior to the recording of the sub -division plat of the Buykendall Heights Lots 1-30; 41-70; 81-110, including the following streets and avenues.: 43rd Street from its intersection with a line 16 feet East of the Bast Property Line of Utica Avenue to its intersection with a line 15 fat West of the West Property Line of York Avenue, known and designated as New Subdivision Unit Number 261. Utica Avenue from its intersection with the South flutter Line of 42nd Street to its intersection with a line 15 feet North of the North Property Line of 43rd Street, known and designated as Nov Sub- division Unit Number 262. Utica Avenue from its intersection with a line 15 feet South of the South Property Line of 43rd Street to its intersection with a line 2.5 feet South of the South Propety Line of the alley South of 43rd Street, known and designated as New Subdivision Unit Number 263. Vicksburg Avenue from its intersection with the South Gutter Line of 42nd Street to its intersection with a line 15 feet North of North Prope3ty Line of 43rd Street, known and designated as New Sub- division Unit Number 264. Vicksburg Avenue from its intersection with a line 15 fat South of the South Property Line of 43rd Street to its intersection with a line 2.5 feet South of the South Progsty Line of the alley South of 43rd Street , knon and designated as New Subdivision Unit Number 265. Wayne Avenue from its intersection with the South Gutter The of 42nd Street to its intersection with a line 15 feet North of the North Property Line of 43rd Street, known and designated as New Sub- division Unit Number 266. Wayne Avenue from its intersection with a line 15 feet South of the South Prop ety Line of 43rd Street to its intersection wkh a line 2.5 feet South of the South Property Line of the Alley South of 43rd Street, known and designated as New Subdivision Unit Number 267. 57-16279-732 York Avenue from its intersection with the South Gutter Line of 42nd Street to its intersection with a line 15 feet North of the North Property Line of 43rd Street, known and designated as New Subdivision Unit Number 268. York Avenue from its intersection wito a line 15 feet South of the South Property Line of 43rd Street to its intersection with a line 2.5 feet South of the South Property Line of the alley South of 43rd Street, known and desIgnated as New Subdivision Unit Number 269. �I AND WHEREAS, the construction of the above improvements on the abovementioned streets and avenuet was perfrmed 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 Ordinances Number 1331. NOW, THEREFORE, BE IT RESOLVED BY THE CITY CMaISSION OF THE CLTY OF &UBBOCK: I. That the improvements on said portions of the abovementioned avenues be, and the same are hereby accepted and the City Bagineer be and is hereby autnorized to direct the payment of the City's portion of cost. II. This resolution shall take effect and be in force from and after its passage. AND IT IS SO ORDERED. Passed and approved this the 9th day of May, 1957. s S. S. FOBREST J8. Mayor ATTEST: /s/ LAVENIA LOWE City Secretary -Treasurer CONSOLIDATED FINAL ESTIMATE FOR KUYKENDALL HEIGHTS (LOTS 1-30; 41-70; 81-110) ACCEPTED MAY 9, 1957 G.W.O. 2045 QUANTITIES N-S Unit No. Location S.Y. S.Y. L.R. S.Y. Pay. 9ubgr. C&G Alley Re t . 261 43rd St.;Utica Ave to York Ave. 8,438.56 9,568.09 4,066.32 262 Utica Ave.;42nd St. to 43rd St. 1,087.56 1,263.06 535.80 26.67 263 Utica Ave.:; 43rd St. to Alley S. 567.89 678.73 303.00 26.67 of 43rd St. 264 Vicksburg Ave.;42nd St. to 43rd St. 886.89 1,083.15 598.54 30.00 265 Vidoburg Aue . ; 43rd St. to Alley S. 478.22 593.50 307.00 30.00 of 43rd St. 266 Wayne Ave.; 42nd St. to 43rd St. 886.89 1,083.15 598.54 30.00 267 Wayne Ave.; 43rd St. to Alley S. 478.22 593.50 307.00 30.00 of 43rd St. 268 York Ave.; 42nd St. to 43rd St. 886.89 1,083.15 598.54 30.00 269 York Ave.;43rd St. to alley S. 478.22 593.50 307.00 30.00 of 43rd St. Totals 14,189.34 16,539.83 70621.74 233.34 COST 14,1893 S.Y. Pay. @$1.19/ S.Y. $ 16,885.31 16,539:83 S.Y. 9ubgr." .24/ S.S. 3,969.56 7,621.74 L.F. C & G @$1.45/L.F. 11,051.52 233.34 S.Y.Conc.Alley Ret. @$4.00/ S.Y. 93a.36 Contract Cost $ 32,839.75 COST DISTRIBUTION X-S Unit No. Contract O,st Subdividers Cost City' Share 261 L8,234.39 18,334.39 0 262 2,480.92 2,121,03 359.89 263 1,384.71 1,256.48 128.23 264 2,303.24 2,141.22 162.02 265 1,276.67 1,270.91 5.76 266 2,303.24 2,141.22 162.02 267 1,276.67 1,270.91 5.76 268 2,303.24 2,141.22 162.02 269 11276.67 1,270.91 5.76 _ Totals �32,839.75 31,848.29 991.46 ray 9, 1957 Honorable Mayor and City Comission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Elliott Taylor, paving contractor, under his contact dated July 26, 1956, designated as G.W.O. 2015, and find the improvements on 35th Street known and designated as Sub -Unit No. 1 of Unit No. 1865, and Utica Avenue known aid designated as Sub -Unit No. 1 of Unit No. 1866, as listed on the final estimate-m d assessment sheet to hse been completed in accordance with the plans and specifications and recommend that you accept the improve- ments on said street and avenue, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock and issue assignable certificates against property owners for the respective amounts shown on the attached final assess- ment sheets as,being due against them and their respective properties. Yours very truly /s/ JOHN T. HICKERSON City Engineer lbtion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PUMONS OF STREETS AND/OR AVM=S AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and '' resolutions and entered into contract with Elliott Taylor, (G.W.O. 2015) for the making and construct- ion of alley and/or street improvements on portions of numerous streets.and/or alleys in said City including among others the following: 35th Strwet from its intersection with the Fast Paving Line of Slide Road to its intersection with a line 3 feet East of the East Property Line of Vicksburg Avenue, known and designated as Sub -Unit Number 1 d lint Number 1865. Utica Avenue from its intersection with the Borth Gutter Line of 36th Street to its intersection with the North Property Line of 37th Street (West Leg), known and designated as Sub -Unit Number 1 of Unit Number 1866. AND WHEREAS, the improvements upon the said portions of the abovementioned avenue, have been inspected and found to have been constructed in accordance with terms of said contract (G.W.0.2015). THEREFORE, BE IT RESOLVED BY THE CITY OF LVBBOCK, TEXAS: I. That the improvements on said portion of the abovementioned avenue 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. II. T hat the Mayor and City Secretary Be, and they are hereby instructed to execute and delk er certificates in evidence of the assessments levied against the parcels of property abutting upon the said portion of the avenue listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improve- ments and assessments where such assessments were levied. III. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 9TH DAY OF MAY, 1957. ATTEST: /sLAVINIA LOWE, City Secretary -Treasurer /s/ S.,S. FORM, JR., $. S. FORREST, JR., Mayor CONSOLIDATED FINAL ESTIMATE FOR SUB -UNITS ACCEPTED MAY 9, 1957 G.W.O. 2015. QUANT US_ Unit & Sub- Unit No. Location S.Y. S.Y. Subgr. L.F. S.Y. Pay. C&G AlItL Ret. 1865-1 35th St.;Slide Rd. to Vicks- 7,431.90 8,491.08 3,813.08 burg Avenue 1866-1 Utica Ave.;36th St.to 37th 1,10.12 _ 1,353.87 _ 604.70 17.78 8,600.02 9,844.95 - 4,417.78 17.78 COST ESTIMATE 8,600.02 S.Y. Pay. @$1.15/S.Y. $ 9,890.02 9,844.95 S.Y. Subgr.".20/S.Y. 1,968.99 4,417.78 L.F. C & G @$1.50/L.F. 6,626.67 17.78 S.Y. Conc. Alley Ret. @$4.00/ S.Y. 71.12 Contract Cost 18,556.80 &gst Distribution City Cost dupe Unit & Sub Unit (bntract Cost P.O. Cbst __ City to contr. NOW. when Unit lete 1865-1 $15,964.52 16,163.72 $ - 199.20 1866-1 24592.28 1 676.89 242.10 673.29 Totals 18,556.80 17,840.61 2+42.10 474.09 7-16-280-733 May 9, 1957 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Pioneer Pavers, Paving Contractors, under their contract with the subdivider of Oakwood Addition Lots 1-52 in accordance with New Subdivision Ordinance No. 1331 and find the improvements on College Avenue Access Road designated as New Sub- division Unit No. 292, 55th Streit designated as New Subdivision Unit No. 294, 56th Street designated as New Subdivision Unit No. 295, as listed on the attached final estimate sheet to have been com- pleted in accordance with plans and specifications and recommend the payment to the contractor the amount shown on the attached consolidated final estimate sheet as being due him from the City of Lubbock. Very truly yours, Isl JOHN T. HICKERSON City Engineer Potion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, none voting Play, the following resolution was passed: RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENBS AS LISTED BELOW. WHERFAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Oakwood Addition, Lots 1-52, made arrangements for the construction of paving improve- ments on certain ttreets dedicated in said subdivision under the provisions of said ordinance prior to the recording of the subdivision plat of Oakwood Addition, Lots 1-52, including the following streets and/or avenues. CoDege Avenue access Road (East Side) from its intersection wit h a line 15 feet South of the South Property Line of 56th Street to its intersection with a line 2.5 feet South of the South Property Line of the Alley South of 56th Streit, known and designated as New Subdivision unit Number 292. 55th Street from its intersection with the West GLt ter Line cf College Avenue Access Road to its intersection with a line 16 feet West of the West Property Line of Avenue W, known and designated as New Subdivision Unit Number 294. 56th Street from its intersection with the West Gutter Line of College Avenue Access Road to its intersection with a line 16 feet West of the West Property Line of Avenue W, known and designated as New Subdivision Unit Number 295. AND WHEREAS, the construction of the above improvements on the abovementioned streets was per- formed 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 streets be, and the same are hereby accepted and the City Engineer be ad is hereby authorized to direct the payment of the City's portion of cost and to release escrow money. II. This resolution shall take effect and be in fcrce from and after its passage. PASSED AND APPROVED THIS 9TH DAY OF MAX, 1957. ATTEST: /s/ LAVENIA LOWE, City Secretary -Treasurer CONSOLIDATED FINAL ESTIMATE FOR OAKWOOD ADDITION LOTS 1-52 ACCEPTED MAY 9, 1957 G.W.O. 2100 .QUANTITIES 292 College Ave. ACCT. ltd. (Bast 56th St. to Ailey S. of 56 th 294 55th St.; College Axe.Acc. Rd. Ave W. 295 56th St. ; College Ave. Acc. Rd. Ave. W. Totals S.Y. S.Y. S.Y. L.F. Alley Ret. 9de) 328.78 419.34 284.00 _ 11.67 St. to 4,543.65 5,246.02 22528.54 to 4,543.65 54246.02 2 28.54 " 9,416.08 10,911.38 5,341.08 9,416.08 S.Y. Pay. @$i.15/ S.Y. $ 10,829.49 10,911.38 S.Y. Subgr.".20/ S.Y. 2,182.28 5,341.08 L.F. C b G @$1.50/ L.F. 8,011.62 11.67 S.Y. Conc.Alley Ret.@$4.00/S.Y. 46.68 Contract Cost $ 21,069.07 COST DISTRIBUTION N-S. Unit No. _ _ Contract Cost _ Subdiyider's Cost City's Cost for 292 $ 934.65 $ 604.37 _�.� $ ' 330.28 294 10,067.21 9,856.04 211.17 295 10,067.21 9,856.04 211.17 Totals $ 21,069.07 $20,316.45 _ $ 752.62 57-16-281-734, May 9, 1957 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: 11.67 I have examined the paving improvements constructed by West Texas Construction, Inc. paving contract as authorized by a resolution passed and approved February 14, 1957 and find the improvements on the avenue known and designated as Unit Number 1872, as listed on the attached final a stimate sheet to have been completed in accordance with plans and specifications and recommend that you accePtimprove- ments on said avenue, paying the contractor the amount shown on the attached consolidated final estimate sheet as due him by the City of Lubbock. Very truly yours, l s/ JOHN T. HICKERSON City Engineer Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW: WHEREAS, the City of Lubbock passed a resolutbn on February 14, 1957, authorizing the construct- ion of street improvements by West Texas Construction, Inc., Paving Contractor,7portions of various streets in said City including among other, the following: Vicksburg Avenue from its intersection with the North Gutter Ike of 19th Street to its intersection with a line 2.5 feet North of the North Property Line of the Alley South of 18th Street (West Leg) known and designated as Unit Number 1872. AND WHEREAS, the improvements upon the said portions of the above mentioned avenue have been inspected and found to have been constructed according to the approved pland and specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned avenue and the same are hereby accppted and the City Engineer be and is hereby authorized to direct the payment of the City's share. Passed and approved this the 9th day of May, 1957. JsL_ S. S. 10RREST, JR., Mayo r ATTEST: /s/ LAVENIA LOWE, City Secretary -Treasurer CONSOLIDATED FINAL ESTIMATE FOR UNIT 1872 AUTHORIZED FEBRUARY 14, 1957 ACCEPTED MAY 9, 1957 S.Y. S.Y. 1872 Vicksburg Avenue; 19th St.to 1,409.34 1,680.49 Alley South of 18th St. CAST ESTIMATE L.F. S.Y. C & G Alley Bet. 844.12 36.67 1409.34 S.T. Paving @$1.15/S.Y. $ 1,620.74 1680.49 S.Y. Subgr. @$0.20/ S.Y. 336.10 844.12 L.F. C & G @$1.50/L.F. 1,266.18 36.67 S.Y. Alley Ret. @$4.00/L.F. 146.68 Contract Price $ 3,369.70 .COST DISTRIBUTION Contract Cost Property Owner Cyst City to Cort ractor NOW 1872 3,369.70 2,454.22 915.48 i7-16-282-735 notion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION WHEREAS, the City Commission has heretofore determined that theCity would contribute the custo- mary city portion of from ten (10) to forty (40) per cent of the cost of street paving improvements, as determined by side and front property, to be.constmcted in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owner of property abutting West k Slide Roo from 2.5' North of the NPL Alley South of 17th Street to 2.5' North of the NPL Alley North of 17th Street, have requested permission to have pavement improvements constructed on the aforementioned West k Slide Road, and the paving of said West k Slide Road is needed to pro- vide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS, the owner of the property abutting on the herein described street will contract separately wth a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the abovementioned plans aid specification under the supervision of the City Engineer, and the said owner desires that the City contribute its customary share to- wards such paving, and, WHEREAS, the contract cost of the paving improvements Will not exceed $2,381.17, the total cost not over $2,500.23, and the City' sshare in connection therewith would not exceed $1608.09, leaving the property owner's portion not to exceed $B92.14, such costs being well within the current prices for paving obtained y competitive bidding, and that such payment to be made by the City is reason- able, fair, and jus the abutting property owner, the City and all other persons affected thereby, and that the sum of $1608.09 has been duly budgeted in the 1956-57 budgets, THEREFORE, BE IT RESOLVED BY THE CITY CCJMNIISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT, the Cloy Engineer be and he cations for paving on the streets herein described, the usual requirements for paving on streets within said streets being as follows, to -wit: is hereby authorized to approve plans and specifi- provided that such plans and specifications meet~ the corporate limits of the City of Lubbock; Unit No. 1886 West one-half of Slide Road from its intersection with a line 2.5 feet North of the North Property Line of the Alley South of 17th Street to its intersection pith a line 2.5 feet North of the North Property Line of the Alley north of 17th Street. 57-16-283-736 The City Engineer is further author ized and directgd to duly impect said paving cons truction on said West J Slide Road and to require strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Commission, the City Hngineet is authorized to pay the cort ractor in full and final payment of the City's scare of the cost of the abovementioned improvements a sum not to exceed $1489.03 which is the City shate $1608.09 less $119.06 engineering, leaving the amount due the contractor from the property owners not to exceed $892.14. 11 Section 2. This authority is conditioned that the owner of abutting property and the contracto: will pay for all material and labor and costs incidental to such construction, indemnify the City of Lubbock against any costs, claims, or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -con- tractors, if any, are ad e teiv covered by public liability and property damage insurance policies, that the said owner of abuttingNill cause such paving to continue to be done according to the approved puns and specifications, and that upon completion thereof and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said West I Slide Road, and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum $1489.03 to the Contractor. On motion of Commissioner Byrd seconded by Commissioner _Nxe^y ---�_, the fore- going resolution was unanimously passed by the City Cosmtission this 9th dap of Any, 1957. ATTEST: /s/ LAVENIA LOWS, City Secretary -Treasurer I. E. F. Alford, owner of abutting property on Inc., Contractor, do hereby accept and agree to siderations therein stated. ATTEST: /a/ J. M. TIERNEY Assistant Sec. the abovementioned streets, �nd west Texas Construc fully abide by the foregoing provisions fo r the c -/a/ 19. F. ALFORD- _ _--- - West Texas Construction, Inc., BY:/s/ W. D. TURNER President lbtion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, the following fesolution was passed: RESOLUTION WHEREAS, the City Commission has heretofore determined that the City would contribute the custo mary city portion of from ten (10) to forty (40) per cent of the cost of street paving improvements, as determined by side and front property, to.be.constructed in accordance with the standard cityof tiubbock street plans and specifications as approved by the City Engineer, and the owner of propsty abutting Cornell Street from 2.5 feet East of EP'L Alley Bast of College Avenue to the Southwest paving Line Clovis Road, have requested permission to have pavement improvements constructed on the aforementioned Cornell Street, and the paving of said Cornell Street is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS, the owner of the property abutting on the herein described streets will contract separately with a competent contractor for the above street improvenents, and said improvements will be constructed in accordance wkh the above untioned plaits and specifications under the supervision of the City Engineer, and the said owner desires that the City contribute its customary share towardsi such paving, and, WHEREAS, The contract sost of the paving imprw ements will not exceed $5,512.56, the total not over $5,788.19, and the City's share in connection therewith would not exceed $1000.88, leaving the property owner's portion not to exceed $4,787.31, such costs being well within the current prices foxy paving obtained by competitive bidding, and that such payment to be made by the City is reasonable, fat, and just to the abutting property owner, the City and all other persons affected thereby, and that thelium of $1000.88 has been duly budgeted in the 1956-57 budgets, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF T It CITY OF LUBBOCK: SECTION 1. THAT, the City Enginer be and he is hereby authorized to approve plans and specifica- t ions for paving on the streets herein described, provided that such plans and specifications meet thehtsual requirements for paving on streets within the corporate limits of the City of Lubbock, said streets being as follows, to -wit: Unit No. 1887 Cornell Street from its intersection with a line 2.5 feet East of the Bast Property Line of the Alley East of College Avenue to its intersection with the Southwest Paving Line of Clovis Road. The City Engineer is further authorized and dimctgd to duly inspect said paving construction on said Cornell Street and to require strict icniViiance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Engineer and acdeptance of such improvements by the City Commissim, the City Engineer is authorized to pay the contractor in fulland final payment of the City's share of the cost of the abovementioned improvements a sum not to exceed $725.25 which is the City share $1000.88 less $275.63 engineering, leaving the amount due the con- tractor from th*roperty owners not to exceed $4787.31. SECTION 2. This authority is conditioned that the owner of abutting property aid the contractor will pay for all material and labor and costs incidental to such construction, indemnify the Cityof Lubbock against any costs, claims, or damages of every nature pertaining thereto, and that the Con- tractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, that the said owner of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final approval of the Cit y Engineer, all improvements designated herein shall be a permanent part of said Cornell Street, and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum $725.25 to the Contractor. On motion of Commissioner Byrd, seconded by Commissioner Maxey, the foregoing resolution was unanimously passed by the City Commission this 9th day of May, 1957. sl S. S. XQRRESTI JR. ATTEST: Mayor Isl L.AVENIA LOWE City Secretary -Treasurer 7-16-284-737 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, to authorize the Sanford Agenc4 through the Lubbock General Exchange to write liability insurance in the amount $100,000-$300,000 bodily insurance and $25,000 property insurance for a term of three years from May 10, 1957, covering the water pipe line from Lubbock to the Sandhills in Bailey and Iamb Counties. Also to write $200,000 riot, civil commotion, vandalism and malicious mischief insurance to cover the reservdr and pump station owned by the City of Lubbock in league 206, Bailey County, Texas. The insura�ce on the reservoir and pump station to be effective the date it is accepted from the United Construction Company, contractor. Thiipolicy to also be written for a term of three years. This insurance also includes explosioi: 7-16-284-738 lbtion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, to authorize the Mayor to exec?te License agreement between the city of Lubbock and the Panhandle and Santa Fe Railway Company covering construction and maintenance of 34' of three No. 4 ACSR 12470 volta, 60 cycle electric power line crossing 30' above the copper rails of two railroad tracks serving Western Warehouse Company approximately two miles northwest of Lubbock in Section 16, Block A, at Mile Pbst 672 plus 2925.2 feet. 7-16-284-739 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey vctting Yea, none vot:bg Nay, to authorize the Mayor to execute agreement between the Panhandle and Santa Fe Railway and the City of Lubbock relating to anchor andrguy wires on the Santa Fe's property near Loud, in Lubbock County, Texas, being a guy poles and two down guys one 11' and one 19' from the main track with 32' pole from main track . Being located in Survey 17, Block B, Lubbock County, Texas on Santa Fe Right-of-way at Mile Pbst 4 plus 2834.5' and Mile Pbst 4 plus 3163.2 feet. 7-16-284-740 Potion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, nose voting Nay, to authorize the Mayor to execute license agreement between the City of Lubbock and the Panhandle and Santa Fe Railway covering electric power line crossing at Mile Post 2 plus 1814 feet in Surveys 1 and 2, Block E-2 Lubbock County, Texas, North of 4th Street. 17-16-284-741 IMbtion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, to authorize the Mayor to execute license agreement between the City of Lubbock and the Panhandle and Santa Fe Railway covering construction and maintenance of a electric power line crossing main tracks of the Santa Fe Railway Company at Mile Pbst 672 plus 3897' along Erskine Avenue in North Lubbock in the vicinity of Avenue P. 17-16-284-762 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missions Byrd and Maxey voting Yea, none voting Nay, to authorize appointment of Jimmy Whiteside of member of the Urban Renewal Board. Mr. Whiteside's term to expire November 20, 1960. W. Russell Wilkinson being unable to serve as a member of this Board. '-16-284-743 Pbtion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, to apporve and authorize acceptance of fire station constructed by J. E. Reid, Contractor, at 17th Street and Utica Avenue. Also to authorize payment of final estimate to J. E. Reid in the amount of $11,278.00 i7-16-284-744 Motion by Commissioner Byrd, seconded by Commissioner Maxey, mot ion carried, Mayor Forret, and Com- missioners Byrd and Maxey voting Yea, none voting Nay, to authorize payment of final architectual fees to DeWitt & Maker Architects, on construction of the fire station at 17th Street & Utica Avenue, in accordance with agreement with said architects. Said architects fee being 5% of the total cost of this construction. Total cost of Fire Station being $47,179.00. i7-16-284-745 There was consideration of the verbal proposal of Mr. & Mrs. W.H. Clark to convey all of lots 2 and 3, Block 4, Gorden Bozeman Addition including improvements for a consideration of $21,5 00. This land being required for right-of-way for loop 289. This property being located at the irtersection of proposed loop 289 and the Idalou Road, being the east leg of this loop. Motion was made by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd and Maxey voting Yea, none voting Nay, to authorize recommendation to the County Commissioners Court of Lubbock County, that this proposal be accepted for Right- of-way for Loop 289. 57-16-284-746 The City Commission considered the proposal of Mr. & Mrs. Haskel R. Keeton to convey all of Tract F-23, including improvements, for right-of-way for loop 289, File N-23, for the consideration of $32,5 00. This right-of-way being needed for the "North leg" of Loop 289. It was unanimously agreed by the City Commission to authorize further negotiations to be made by the City Staff for this right-of-way. 57-16-284-747 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd, and Ducey voting Yea, none voting Nay, Appropriation Ordinance No. 2216 was passed as an emergency measure. ORDINANCE NO. 2216 AN APPROPRIATION ORDINANCE WHEREAS, The City Commission of the City of Lubbock finds it is necessary to appropriate certain 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. 57-16-285-748 57-16-285-749 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: Storm Sewer Bond Fund The Sum $53 00. AO For the following purpose: To install 24" storm sewer extension on the Xest side of Avenue Q North of 26th to South of 27th Street. Motion by commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and commissioners Byrd and Maxey voting Yea, none voting Nay, Ordinance No. 2217 was passed as an emergency measure. ORDINANCE N0. 2217 WHEREAS, the City Commission of the City of Lubbock finds it is necessary to appropriate certain 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 iq hereby appropriated out of the following described bond fund, to -wit: Storm Sewer Bond hind The sum $14,800.00 For the following purpose: To install 30" storm sewer at 4th and College on the West side of College to 8th Street. lbtion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey votlw- Yea,RR�OLJUJON none voting Nay, the following resolution was passed: A RESOLUTION AUTHORIZING THE CONVEYANCE BY SPECIAL WARRANTY DEED FROM THE CITY OF LUBBOCK TO SOUTHWESTERN PUBLIC SERVICE COMPANY CONVEYING 1.17 ACRES OUT OF LEAGUE 206, OCHILTREE COUNTY SCHOOL LAND LOCATED AND SITUATED IN BAILEY COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS RESOLUTON. WHEREAS, the City of Lubbock produces and operates certain water wells out of League 206, Ochiltree County School Land located and situated in Bailey County, Texas; and, WHEREAS, the Southwestern Public Service Company desires, for the purpose of constructing a tranformer station, a site located conveniently near said wells operated by the City of Lubbock, for the purpose of furnishing the necessary electrical power for the operation of thepumps; and, WHEREAS, it would be to the advantage of the City of Lubbock that such transformer station be constructed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION I. THAT the tract of land containing 1.17-4cres as more particularly hereafter described be sold and conveyed to the Southwestern Public Service the City of Lubbock BE and he is hereby directed and authorized�to execute taospecialtWarhe ranty Deed for and on behalf of the City of Lubbock conveying to the Southwestern Public Service Company that certain tract or parcel of land situatecAn Bailey County, Texas, and being described be metes and bounds as follows, to -wit: BEGINNING at a point; said point being 7366.71 East and 1247.2' North of the Southwest corner of League 206, OChiltree County School Land, Bailey and Lamb Counties, Texas, said point also being 280 feet Southwest and perpendicular to the centerline of the Santa Fe Railway Main Track for the Southeast corner of this tract; THENCE in a Southwesterly direction and perpendicular to the said center line of the Santa Fe Railway Main Track a distance of 340 feet to a point; THENCE in a Northwesterly direction parallel to and 620 feet Southwest of said centerline of the Santa Fe Railway Main Track a distance of 150 feet to a point; THENCE in a Northeasterly direction and being perpendicular to the said Santa Fe Railway Main Track a distance of 340 feet to a point; TIE NCE in a Southeasterly direction parallel to and 280 feet Southwest of the said centerline of the Santa Fe Railway Main Track, a distance of 150 feet to the POINT OF BEGINNING and containing 1.17 acres. And that same be delivered upon payment of the consideration of TWO HUNDRED AND N0/100 $2 DOLLARS. Be it further resolved that the City Secretary -Treasurer of the City of Lubbock at0test such h conveyance. Passed by the Commission this 9th day ofpay 1957. _f s/ S. S FORREST, JR ATTEST: Mayor /s/ LAVENIA r.raE City Secretary -Treasurer K4RRANTY DEED THE STATE OF TEXAS x KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK x THAT the CITY OF LUBBOCK, a Home Rule Mxnicipal Corporation, acting herein by and through its Mayor heretofore duly authorized, for and in consideration of the sum of TWO HUNDRED AND N0/100 ($200.00) DOLLARS, to it in hand paid by the SOUTHWESTERN PUBLIC SERVICE COMPANY, a Corporation, receipt of which is hereby acknowleted and confessed, has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL and CONVEY unto the said SOUTHWESTERN PUBLIC SERVICE COMPANY, a Corporation all that certa$ tract or parcel o1 land situated in Bailey County, Texas, and being described by metes and bounds as follows, to -wit: BEGINNING at a point, said point being 7366.7' East and 1247.2' North of the Southwest corner of League 206, Ochiltree County School Land, Bailey and Lamb Counties, Texas, said point also being 280 feet Southwest and perpendicular to the center line of Santa Fe Railway Main Track for the Southeast corner of this tract; TIE NCE in a Southwesterly direction and perpendicular to the said center line of the Santa Fe Railway Main Track a distance of 340 feet to a point; THENCE in a Northwesterly direction parallel to and 620 feet Southwest of said center line of the Santa Fe Railway Main Track a distance of 150 feet to a pcdit; THENCE in a Northeasterly direction and being perpendicular to the said Santa Fe Rail Main Track a distance of 340 fed to a point; THENCE in a Southeasterly direction parallel to and 280 feet Southwest of the said Centerline of the Santa Fe Railway Main Mmck, a distance of 150 feet to the Pb INT OF BEGINNING and containing 1.17 acres. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in any wise belonging unto the Laid SOUTHWESTERN PUBLIC SERVICE COMPANY, its successors and assigns, forever and it does hereby bind it successors and assigns to Warrant and Fbever Defend all and singular the said premises unto the said SOUTHWESTERN PUBLIC SERVICE COMPANY, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof by, through or under it. IN WITNESS WHEREOF the City of Lubbock has caused these presents to be signed by its Mayor and duly attested by its Secretary -Treasurer this the 9th day of May, 1957. CITY OF LUBBOCK FORRBST, JR., Mayor ATTEST: /s/ LAVENIA LOWE, City Secretary -Treasurer 7-16-286-750 Bids having been requested for sale of a house at 38th Street and Avenue P, said house being required to be moved in order to clear the right-of-way of 38th Street, motion was made by Com- missioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd and Maxey voting Yea, none voting Nay, that the bids be opened, whereupon, the following bids were opened and read: May 9, 1957 It bid on house at 3714 Avenue P. $253.00 /s/ L.V. EKELAHL 306 Niter, Lubbock Texas I will bid $500.00 on the house at Avenue P and 38th Street, 4 rooms and bath. T.J. LOWE 103 Kemper St. Lubbock Texas. I will be out of town until the 12th. Lubbock, Texas May 7, 1957 City of Lubbock Lubbock, Texas Gentlemen: I wish to enter my bid in the amount of $251.50 for purchase of house at 38th Street and Avenue P. Yours very truly, /s/ J. H. LOWE 2604 21st Street, Lubbock, Texas City Commission Lubbock, Texas I submit a bid of Three Hundred Ten Dollars ($310.00) for the two bed room stucco house to be moved from 3714 Avenue P. /s/ ROY SHAFFER 215 37 th St. Lubbock, Texas Lubbock, Texas May 6, 1957 The Lubbock City Commission Lubbock, Texas Dear Sirs : I would like to make a bid of $507.50 on the Stucco house located at 3714 Ave "P". I can move it by July 1st, as you required. /s/ C.G. CONNELL, 3011 Avenue M After consideration of all bids submitted, motion was made by Commissioner X d, seconded by Cam missioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd and ey vodrg Yea,none voting Nay, to authorize acceptance of the -bid of C.G. Connell of 3011 Avenue M for sale of this house, Mr. Connell's bid being in the amount of $507.50 and being considered the bid most advantageous to the City of Lubbock. 57-16-287-751 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, to authorize appointment of Dr. Robert L. Carr, as member of the City -County Wklfare Board for the Term June 1, 1957 to June 1, 1960. &. Carr to replace Mr. Bert Penson on this board, whose term expires June 1, 1957. 57-16-287-752 Nbtion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, to authorize the City Manager H.P.Clifton, to sell to the best advantage of the City, miscellaneous materials including fences andsheds now located in the northwest w wrwell field. This is in an effort to clear this well site, since the house was sold in February. 57-16-287-753 There was discussion by the City Commission of regulating the construction of storm cellars in the City of L bbock, but it was unanimously agreed by the City Commission to take no action in this regard at this time. 57-16-287-754 There was discussion by the City Commission of the use of the City's streets in the residential section for storing of materials, and this matter was taken under advisement. 57-16-287-755 There was discussion of the request of W. Wayne George who owns property in League 206, Bailey County, that the City purchase watr rights on his 640 acres of land, since his land is -in an area surrounded by land on which the city has purchased water rights. W. George proposing to See Page 287a6b sell the city water rights for a consideration of $35.00 per acre. Fbtion was made by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd and Maxey voting Yea, none voting Nay, to authorize the City attorney to prepare instruments for con- sideration by theCity Commission at their next regular meeting to authorize purchase of said water rights. 57-16-287-756 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayer Forrest and Com- `�-G ,t missioners Byrd and Maxey voting Yea, none voting Nay„ to authorize the City Staff to recommend to the County Commissioners Court the purchase of lot 6, Block 5, Morning View Addition from W. Mrs. Alfred Franke for a conside ation of $10,070.00, this property being located on 6th Street, ILL� Just East of Milberry Avenue and being needed for right-of-way for Loop 289. 57-16-287-757 The City Commission considered the proposal of W. & Mrs. E.W. Hester in the amount of $10,050.00 covering Lot 5, Block 5, Morning View Addition. This land being needed for right-of-way for Loop 289 at the northeast corner cf the intersection of 4th Street and Mslberry Avenue. The proposal stating that thel resent owners are to retain domestic well pump and salvage a quanity of water line that are on the location. Motion was made by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd and Maxey voting Yea, none voting Nay, to authorize the City Staff to recommend to the County Commissioners Court that this proposal be Bccepted. 57-16-287-758 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest andCom- missioners Byrd and Maxey voting Yea, none voting Nay, the following resolution was Passed: RESOLUTION G.W.Q. 2103 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 COMMISSION OF LUBBOCK, TEXAS, THAT: I. Public necessity exists that the following portions of street, highways, avenues and/or alleys in the City ct Lubbock and along the boundaries -thereof, be improved as herein provided, to -wit: West k Avenue V NPL Alley N. of 4th Street to NPL 4th Street Joliet Avenue SPL 22nd Place to NPL 23rd Street Avenue E SPL 36th Strea to S.Pay. L. 38th Street Avenue K SGL 34th Street to NPL 36th Street Redbud Avenue SPL Fast Broadway to NPL East 13th Street (EaseLeg) Oak Avenue SPL East Broadway to NPL Fast 13th Street (East Leg) 39th Street EPL Wayne Avenue to EPL Vicksburg Avenue 39th Street E. Pay. L. Slide Road to WPL York Avenue Duke $greet EPL of N. Indiana Avenue to WPL of N.. Hartford Avenue 43rd Street EPL Peoria Avenue to EPL Orlando Avenue 47th Street EPL Avenue G to W. Pay. L. Avenue D 48th Street EGL CollegeAvenue to WPL Avenue X Oxford Avenue SPL 30th Street to NPL 31st Street Redbud Avenue NPL E. 13th Street (Fast Leg) to NPL E. 14th Street Elgin Avenue SPL Alley S. of 58th Street (west Leg) To NPL Alley N. of 60th Sti(East Leg) West I Elgin Avenue NPL Alley N. of 60th St. (East Leg) to SPL Alley S.of 63rdSt. ( 5th Street WPL Avenue 0 to EGL Avenue N Avenue B NGL 5th Street to SPL 6th Street 6th Street WPC. Avenue B to SPL Avenue C 34th Street E. Pay. L. Slide Road to WPL Utica Avenue (South Leg) Quirt Avenue SPL Idalou Road to SPL E. 19th Street (East Leg) West k Quirt Ava. SPL E. 19th Street. (East Leg) to NPL E. 24th Street 50th Street WPL Gary Avenue to EPL College Avenue Alley in Block 179 Original Town, Between Avenue L and Avenue K and from SGL 15th Street to NPL 16th Street. II. Said portions of streets, highways, avenues and/or alleys shall be improved by raising,grading and filling same, by installing concrete curbs and gutters, by installing storm sewers and drains where necessary, by installing a compacted caliche base, and by surfacing with quadruple asphaltic surface treatment (Penetration type). The City Engineer is hereby directed to prepare plans and specifications for such improvements, IV. Such improvements in each Sub -Unit shall be paid for in the following 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 of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. (b) The abutting property and owners thereof shall pay and shall be assessedfor all the cost of constructing curbs and gutters in front of such respective property and apart of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraphs (a) above, provided that such part of the costs assessed to the abutting property or owners thereof shall ni exceed 90% of the cost of the improvements plus the cost of the curb and gutter, and further provided that if it shall appear at the hearing to be had before fiat 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 proportions of the cost as specified above, thenkhere shall 1?e assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. (c) The remaining cost of said improvements, after deducting the sums finally assessed against railways a,:d street railways under sub -paragraphs (a) herebf, and aganst 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 tucks 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 ft railways 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 owre rs 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 abuts by the City Commission; the second and third one and two years respectively after completion and acceptance of the improvements in tte sub -units upon which th *roperty aluts, by the City Commission, and shall bear interest from the date of completion and acceptance until paid, at the rate of six percer.t 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 or certificate issued in evidence thereof, such default shall mature the entire assess- ment upon which same is made. VI. Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and cost of collection, if incurred, all under and inaccordance with the Charter, and amendments thereto, now in force in this City, and in accordance with the provisions of Article 1105B 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 9TH DAY OF MAY, 1957. js/ S. S. IMREST, JR. , Mayor ATTBST: /s/ LAVENIA LOWE, City Secretary -Treasurer 7-16-288-759 Motion by Commisstner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, Ordinance No. 2219 was passed as an emergency measure. 0RDIMCE NO. 2219 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission of th a City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW, THERE'FO•E, BE IT ORDAINED BY THE CITY COMISSION OF THE CITY OF LUBBOCK There is hereby appropriated ott of the following described bond fund, to -wit: Park Bond Fund The sum $ 800.00 For the following purpose: To increase appropriated amount of Ordinance #1840 from $4000.00 to $4800.00 to cover cost of sprinkler system in Mackenzie Park. 57-16-287-755 SEE PAGE 287 THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BAILEY X THAT we, Wayne George and wife, Ina George of the County of Bailey, State of Texas, for and in consideration of the sum of TEN AND N0/100 ($10.00) DOLLARS cash and other valuable consideration to us in hand paid by the City of Lubbock, a Municipal Corporation of the State of Texas, the receipt of wbdch is hereby acknowledged, have GRANTED, SOLD and CONVEYED and by these presents do GRANT, SELL aid CONVEY unto the said City of Lubbock of the County of Lubbock and State of Texas, all of the water rights, as that term is defined below, in, on, and under the following described real estate out of League 206, Ochiltree Oounty School land situated in Bailey County, Texas, to -wit: FIRST TRACT: Situated in Bailey County, Texas, about eight (8) miles South 430 East from Mile - shoe, the County Seat; described by metes and bounds as follows: BEGINNING at a 1" iron pipe set in NE line Santa Fe Railroad right of vp*; from which the SW corner of League 206 bears North 890 28' West 726.7 varas and South 0032' West 2766.9 varas; THENCE South 410 21' East said right of way 1461.7 varas; THENCE North 480 39' East said right of way 18 varas; THENCE South 410 21' East with said right of way 238.3 varas to a 1" iron pipe; THENCE North 410 21' West 1700 varas; THENCE South 480 39' West 344.6 varas; THENCE North 410 21' West 1299.5 varas to West line League 206 and East Line League 204; THENCE South 0o 32' West with said League Line 283.4 varas to the Northeast line Santa Fe ij Railroad right of way; THENCE South 410 21' East 1088.5 varas to PLACE OF BEGINNING. i i SECOND TRACT: Situated In Bailey County, Texas, about eight (8) miles South 420 East from Muleshoe, the County Seat; described by metes and bounds as follows: BEGINNING in East line League 204 and West line League 206 a distance of 1315.8 varas North 00 32' East of SW corner league 206; tie northern SW corner of this tract; THENCE South 890 28' East at 350 varas pass a 1 1/2 " iron pipe at 791 varas a corner of this survey; THENCE South 410 21' East 1401.1 varas to corner of this survey; THENCE North 480 39' East 831.6 varas to a point in SW line, Highway No. 84; THENCE North 410 21' West 1063.9 varas to concrete block; THENCE on curve to right with radius of 2080.67 varas a distance of 160.4 varas to a concrete block; THENCE North 360 55' West 74.6 varas to a concrete block; THENCE on curve to left with radius of 2044.67 varas to concrete block a distance of 157.6 varas; THENCE North 410 21' West 1325.5 varas following SW line Highway No. 87; THENCE South 480 39' West 179.3 varas; 11 THENCE South 00 32' West 744.9 varas; THENCE North 89p 28' West 350 varas to West line league 206 and East line League 204; THENCE South 00 32' West750 varas to PLACE OR BEGINNING. By the term 'stater rights' as used in this deed is meantl All of the percolating and underground water in, under and that may be produced from the above -described land, together with the exclusive right to take said water from said land, together with the full and exclusive rights of ingress, and egreesv in, over and on said lads, so that the owner of said water rights may at any time and location drill water wells and test wells on said lands for the purpose of investigating, exploring, producing, and getting access to percolating and underground water; together wth the r #its to string, lay, construct and maintain water and fuel pipelines and trunk, collector and distribution water lines, power lines, communication lines, air vents with barricades, observation wells with barricades, if required, not exceeding ten (10) square feet of surface area, reservoirs, booster stations, and access roads on, over and under said lands necessary or incidental to any of said operations, together with the right to erect neceas ry housing fr wells, equipment and suns ies, together with perpetual easements for all such Wuposes, together with the rights to use all that part of said lands necessary or incidental to the taking of percolating and underground water and the production treating and transmission of water therefrom and delivery of said water to any purchaser thereof, it is understood that for the purpose of this Deed, water and minerals in water shall never be construed as minerals. Where the owner of said water rights constructs new roads through an outside fen ce, such owner will install and mahtain in such opening, gates cP durable j construction; or at the option and request of the owner of the laid,s the owner of such water rights, his heirs or assigns, will install and maintain cattleguards,. Where such owner of water rights constructs or uses roads across inside fences, such owner will install and maintain cattle - guards; it being understood that locking gates on the outside fence shall not affect th a right of entry, ingress and egress of authorized officer, employees and contractors of theowner of said water rights, engaged in the business of such aver of water rights and pertaining to water rights as herein defined. Provided further that nothing herein contained shall be construed as core eying any of the oily gas or other minerals, in, on, under or that may be produced from the above -described real estate, or sights appurenant thereto, provided however, that Grantors reserve the right to use only so much of the water in, under and upon the land described as may be reasonably necessary to drill for and produce oil, gas, and other minerals, but water shall not be used for injection into underground strata for any purpose induding but not limited to die production of oil, gas or other minerals; provided further, however, that all water falling on the land shall. remain on the land, I� undisturbed, so as to recharge the land and aquifer in its manural course, but theGrantee is I granted the right to use artifichl methods to accelerate recharging the aquifer. Grantors further reserve the right to use such water for the purpose of normal farming and ranching operations and domestic use, but not for irrigation for farming or grazing purposes. TO HAVE AND TO HOLD the above -described rights and privileges together with all and singular the rights and appurtenances thereun to in anywise belonging unto the said City of Lubbock, a Municipal Corporation, its successors and assigns forever; and we do hereby bind outselves, our heirs,exdcutors and administrators, to Warrant and Forever Deffend all and singular the said rights and privileges unto the said City of Lubbock, its successors and assigns, against every person ` whomsoever lawfully claiming or to claim or any part thereof. , WITNESS OUR HANDS this the THE STATE OF TEXAS X COUNTY OF BAILEY X 25th day of July, 1957. WAYNE GEORGE INA GEORGE BEFORE, ME, the undersigned, a Notary Public, in and fr said County, Texas, on this day personally appeared WAYNE GEORGE known tome to be the person whose name is subscribed to the fore- going instrument, and acknowledged to me that he executed the same for the purposes and conside- ration therein expressed. GIVEN UNDER MY HAND AND SFAL OF OFFICE this THE STATE OF TEXAS COUNTY OF BAILEY X day of .1957. Notary Public, Bailey County, Texas BEFORE ME,the undersigned, a Notary Public!7and for said County, Texas, on this day personally appeared INA GEORGE, wife of WAYNE GEORGE known to me to be the pason whose name is subscribed to the foregoing instrument and having been examined by me privily and apart from her husband, and having the same fully explained to her, she , the said INA GEORGE acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. , GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of .1957. Notary Public, Bailey County, Texas 57-16-289-760 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, Ordinance No. 2218 was passed as an emergency I� measure ORDINANCE NO. 2218 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond fund for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW, THERE- FORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond, fund, to -wit: Sanitary Sewer Bond Bind The sum $ 372.41 For the followhg purpose: to increase appropriated amount of Ordinance 2132 by $310.45 and G.W.04 10041 by $5496. G.W.Q. 10041 was approved by the Commission action February 28, 1956. This increase is due to hand work because of existin& pipes in the working area;prohibiting mechanical digging. SEE ORIGINAL BIDS IN BID TABULATION BOOR NUMBER I. 57-16-289-761 Bids were received for miscellaneous electric hardware, being bid 2943. After consideration of all bids submitted,motion was made by Commissioner Byrd, seconded by Com- missioner Maxey, motion carried, Mayan. Forrest and Commissioners Byrd and Maxey voting Yea, none voting Nay, to authorize the purchase to be made as follows: Accept the bid of Southwestern electric Supply for purchase of items 1,2 and 11. Accep t the bid of Nelson Supply Company for purchase of items 3,6,9 and 13. Accept the bid of Westinghouse Electric Supply for purchase of items 4,5, 10 Wd 12. Accept the bid of General Electric Supply Company for purchase of item 7 and 8. 57-16-289-762 Bids were read for purchase of 4500' of 500 MCM, 600 volt, non -shielded copper single conductor wire for use by the electric department, being bid #2944. After consideration of the Bids submitted, motion was made by Commission r Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd and Maxey voting Yea, none voting Nay, to authorize accpetance of the bid of Westinghouse Electric Supply Company for purchase of this cable. 57-16-289-763 Bid No. 2955 was presented to the City Commission covering purchase of a motor grader but action in this reagrd was deferred. 7-16-290-764 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Com- missioners Byrd and Maxey voting Yea, none voting Nay, to approve the following list of over- expenditure accouts of the 1956-1957 Budget for the period February 28, 1957 to April 30, 1957. e e e e e e e e e e e e e e N row C7D�Ntw �pOPONVO�OPPO A A A A iJ A �/'J EWJ IFA�� lA+ q Opp O O O O O q ��Opp O q Cp O C q I Vn%.n%.n%n1 ��O NL) 8 W W NN e N 0% �d P W �A i-� to ODt�i �1 O O O O O O O O O O O O O O O ***$* 94 �** vV'i N N PS\5-4-4yvi\.i-4 Ow ro fE§\.n W 5 r b b e+ W a we�+Y roroA A a, 1 .4 O O O hd �p a� at e* ot 44 EP aaa ww t9V�w1 PI w ° 15 � f6� §g� v � §K r� b� O O O O O O O O O O O O O O O t8888V8R8"8sS a O\ Gh v e b4r e 1 N .P 8�O O O O q ¢O�u q �q.+ G G q qpp 0 q ON G -�.1OWF'�0NO�v�t�F+ r to to b Jw \ \n E)D_rs -1 �OJOy'� O O q O O Oy O O Oy O O O O /[O,yj� O I T --4 NO FURTHER BUSINESS COMING UP FOR CONSIDERATION TO MEET IN RECESSED REGULAR MEETING May 15, READ AND APPROVED THIS THE 28th ATTES LA NIA LOWE, Cit Secret a y-Treasurer 'I' THE CITY COMMISSION RECESSED 1957 at 12 : o'clock Noon. DAY OF May , 1957 S. S. FO REST, JR., M&yof