Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 9/27/1956REGULAR MEETING Lubbock, Texas September 27, 1956 The City Commission of the City of Lubbock, Texas, met at 9 o'clock A.M. in regular session, at the regular meeting place in -the City Hall, the following members there -of being present, to -wit: Mayor Pro-tem Lennis Baker, Commissioners 0. L. Byrd,,, David Casey and Homer Maxey, City Manager H.P. Clifton, City Attorney Vaughn E. Wilson, City Secretary -Treasurer Lavenia Lowe. Absent: Mayor S. S. Forrest, Jr. Invocation was given by City Manager H. P. Clifton. Moti6n by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to approve minutes of Re- cessed Regular Meeting of the City Commission held September 8, 1956, and Regular Meeting held September 13, 1956• Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following minutes of Accounts allowed were approved: ' Warrant No. 13293 through Warrant No. 13743, both inclusive. Warrant No. B3304 through Warrant No. B3469, both inclusive. 56-15-373-1025 Motion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2018 was passed on second and final reading. ORDINANCE NO. 2018 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AVENUE X AT THE PLACE AND LOCATION MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK INDICATING THE CLOSING AND ABANDONMENT OF A PORTION OF AVENUE X AS AFORESAID. 56-15-373-1026 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordina:ice No. 2019, was pass on second and final reading. ORDINANCE NO. 2019 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF THIRTY-FIRST STREET AT THE PLACE AND LO- CATION MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE, AND DIRECTING TH CITY ENGINEER TO.MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK INDICATING THE ABANDONMENT AND CLOSING A PORTION OF THIRTY-FIRST STREET AS AFORESAID. 56-15-373-1027 Notion by Commissioner Casty, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Rasey, and Maxey voting Yea, none voting Nay, Ordinance No. 2029 was passed on second and final reading. ORDINANCE NO. 2029 AN ORDINANCE ESTABLISHING BUILDING LINES ON THE NORTH AND SOUTH SIDES OF 15TH STREET BETWEEN AVENUE P AND AVENUE Q, AS PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE PROVIDING THAT NO BUILDING OR OTHER STRUCTURES SHALL HEREAFTER BE ERECTED,RE-ERECTED OR SUBSTANTI- ALLY REPAIRED BETWEEN THE BUILDING LINES HEREIN ESTABLISHED, REQUIRING EXISTING STRUCTURES ON OR BETWEEN THE BUILDING LINE HEREIN ESTABLISHED TO CONFORM TO SUCH BUILDING LINES WITHIN FIVE (5) YEARS DEFINING "BUILDING LINE" AND PROVIDING THAT SETBACK REQUIREMENTS UNDER THE CITY'S ZONING ORDINANCE AND AMENDMENTS THERETO BE DETERMINED FROM THE BUILDING LINES HEREIN ESTABLISHED PROVIDING EXCEPTIONS FOR UTILITY EXTENSIONS AND PUBLIC IMPROVEMENTS; PROVIDING A SAVINGS CLAUSE. 56-15-373-1028 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2030 was passed on second and final reading. ORDINANCE NO. 2030 AN ORDINANCE ESTABLISHING BUILDING LINES ON THE NORTH AND SOUTH SIDES OF MAIN TREET BETWEEN AVENUE P AND AVENUE Q, AS PARTICULARLY DESCRIBED BY METES AND BOUND IN THE BODY OF THIS ORDINANCE PROVIDING THAT NO BUILDING OR OTHER STRUCTURES SHALL HEREAFTER BE ERECTED,RE-ERECTED OR SUBSTANTI- ALLY REPAIRED BETWEEN THE BUILDING Lr ES HEREIN ESTABLISHED, REQUIRING EXISTING STRUCTURES ON OR BETWEEN THE BUILDIN(411E HEREIN ESTABLBHED TO CONFORM TO SUCH BUILDING LINES WITHIN FIVE( 5 ) YEAR DEFINING "BUILDING LINE" AND PROVIDING THAT SETBACK REQUIREMENTS UNDEPAHE CITYtS ZONING ORDINANCE AND AMENDMENTS THERETO BE DETERMINED FROM THE BUILDING LINES HEREIN ESTABLISHED PROVIDING EXCEPTIO FOR UTILITY EXTENSIONS AND PUBLIC IMPROVEMENTS; PROVIDING A SAVINGS CLAUSE. �-15-374-1029 Motion by Commissioner Byrd, seconded by �'ommissioner Maxey, motion carried, Mayor Pro -tern Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION AN RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CORRECTION DEED ON BEHALF OF THE CITY OF LUBBOCK,10 A PARCEL OAMD IN -THE NELSON HEIGHTS ADDITION TO THE CITY OF LUBBOCK, MORE PARTICU- LARLY DESCRIBED IN THE BODY OF THIS RESOLUTION. WHEREAS, By Quit Claim Deed executed by the City of Lubbock on November 13, 1952" the City of Lubbock conveyed a tract of ,land to the LUBBOCK MILAM HOME, INC., and, WHEREAS, rn said Quit Claim Deed through mistake and error, the property intended to be conveyed was incorrectly described; and, WHEREAS, to prevent difficulties, it is expedient to correct said error in description and properly describe the property conveyed to the LUBBOCK MILAM HOME, INC.; NOW, THEREFORE; BE IT RESOLVED BY THE CITY C011MISSION OF TH�,ITY OF LUBBOCK: SECTION 1. That the Mayor BE and he is hereby authorized and directed to execute on behalf of the Lity of Lubbock, a Correction Quit Claim Deed conveying to the LUBBOCK MILAM HOME, INC. the following described property: BEGINNING at the Southwest corner of Lot NU. 10, Block 1, Nelson Height Addition to the Cit$ of Lubbock, Lubbock County, Texas; THENCE West 50 feet to a point in the East Right -of -Way line of the F.W. & D. R.R. right- of-way; THENCE North 182.8 feet to a point; THENCE East 50 feet to a point; THENCE South 34.8 feet to a point; THENCE East a distance of 522 feet to a point situated in the Wert right-of-way line of Avenue J; THENCE South 16 feet to a point; THENCE West 522 feet to a point; THENCE South 132 feet to the POINT OF BEGINNING. SECTION 2. The City -Secretary -Treasurer shall attest such conveyance affixing the seal of the City of Lubbock thereto. Passed by the Commission on this 27th day of September , 1956. ATTEST: /s/ S. S. FORREST, JR., MAYOR Ls/ Lavenia Lowe, City Secretary -Treasurer STATE OF TEXAS 0 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK 0 That the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, actin by and through its duly elected Mayor, S. S. Forrest, Jr., heretofore duly authorized by the City S10 Commission of the City of Lubbock, for and in consideration of the sum of One Dollar ($1.00) to it in hand paid, the receipt of which is hereby acknowledged and confessed, and in lieu of and in substitution of a quit -claim deed executed by the City of Lubbock on November 13, 1952, and which deed was filed on record on November 24, 1952, recorded in Volume 486, page 150 of the Deed Records of Lub:)ock County, Texas, and by the terms and provisions of which the hereinafter des- cribed real estate was sold, released and quit -claimed by the City of Lubbock to the Lubbock M3 Home, Incorporated, and WHEREAS, in said quit -claim deed through mistake and error the property intended to be con- veyed was incorrectly ddscribed and the words "Beginning at the southwest corner of Lot 9, Block I `�•. Nelson Heights Addition to the City of Lubbock, Lubbock, County, Texas," were written instead of �,�� the correct words "Beginning at the southwest corner of Lot No. 10 Block 1, Nelson Heights Addition to the City of Lubbock, Lubbock County, Texas", and WHEREAS, to prevent difficulties, it is expedient to correct said error in descri;tion and properly describe the property conveyed to the Lubbock Milam.Home, Incorporated, NOW THEREFORE, THE CITY OF LUBBOCK, in consideration of the above set out premises, does by these presents Bargain,Sell, Release and Forever Quit -Claim unto thehaid The Lubr_ock Milani Home Incorporated, their successors and assigns forever, and all of the following tract of land situated in the County of Lubbock in the State of Texas, to -wit: BEGINNING at the Southwest corner of Lot No. 10, Block 1, Nelson Heights Addition to the City of Lubl.)ock, Lubbock County, Texas; THENCE West 50 feet to a point in the East Right -of -Way line of tte F.W. & D. R.R. right-of- way; THENCE North 182.8 feet to a point; THENCE East 50 feet to a point; THENCE South 34.8 feet to a point; THENCE East a distance of 522 feet to a point situated in the West right-of-way line of Ave THENCE South 16 feet to a point; THENCE West 522 feet to a point; THENCE South 132 feet to the point of beginning. 56-15-375-1030 56-15-375-1031 56-15-375-1032 TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto The Lubbock Milam Home, Incorporated, its successors and assigns forever, so that neither the City of Lubbock nor its successors nor any person or persons claiming under it shall at any time hereafter7fiave, claim or demand any right or title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND at Lubbock, Texas this 27th day of September , 1956, after having been duly authorized by the City Commission of the City of Lubbock to execute the same in behalf of the City of Lubbock. ATTEST: /s/ Lavenia Lowe, City secretary - Treasurer CITY OF LUBBOCK BY: /s/ S. S. FORREST, JR., MAYOR THE STATE OF TEXAS Q COUNTY OF LUBBOCK BEFORE NE, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personal.y appeared S. S. FORREST, JR., known to me to be thekerson whose name is sub- scribed 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 MAYOR, foi�,hehurposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of September ,1956. City of Lubbock City Manager Dear Sir: Notary Public in and for Lubbock County, Texas August 25, 1956 Approximately four weeks ago our aldest son fell while inside Klapp pool. -e suffered a skull fracture and shoulder injure. He was confined to the We--t Texas Hospital for a week. He may have a hearing difficulty and mastoid trouble from this fall, also he isn't going to be permitted to play foot ball this next season, also he has not been able to work this last few weeks before school. I tried to get the park manager to help us with the Hospital bill but he said the City was not liable for this. After careful consideration of the injury, loss of work, bills, and hinderance in school activities, we feel that the sum of five thousand Dollars ($5000.00) will_ compensate for th> difficulty. Please let me know as soon as possible so that I will know what to do. Yours very truly, /s/ L. 0. Rickald 2224 24th Street Lubbock, Texas Home Phone No. PO 5-5113 August 28, 1956 Bus. No. SH 4-4105 I hereby certify that4he above and foregoing claim is true and correct to the best of my knowledge. Subscribed and sworn to this 28th d y of August, 1956 /s/ L. 0. Rickald /s/ Lavenia Lowe Notary Public, Lubbock Co., Texas The City Commission considered the above claim of $5000.00, for injury claimed to have been received by Mr. Rickald's son at the K. N. Klapp Swimming Pool and motion was made by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to REJECT the claim. Verbal proposal of Mrs. Jay Hammock to sell the City lot 7 of the C. C. Harkey Subdivision for 50th Street Rig ht-ofWay for a consideration of $14,000.00, was considered by the City Commission and motion was made by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem. Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to REJECT the offer. Consideration was given the offer of Alvis Palmer to sell the City resident building at 38th Street and Avenue P for consideration of $9,000.00, this land being needed for 38th Street right-of-way r.-nd motion was made by Commissioner Byrd, Senonded by Commissio. er Ma2tey, motion carried, Mayor Pro- tem Baker and Commissioners Byrd, C7s.y and Maxey voting Yea, none voting Nay, to REJECT the proposal. 56-15-375-1033 The following letter was received from the Trinity Baptist Church requesting a street use permit to cross 'he alley from Lot 5 on 34th Street to Lot 16 on 35th Street, this property being located at 34th and Boston Avenue and being in the Jefferson Avenue Addition. TRINITY BAPTIST CHURCH SEPTDiBER 19, 1956 City Engineering Department Attention: Mr. J. L. Scott City Hall, 916 Texas Lubbock, Texas Dear Mr. Scott: We should like to get a street use permit for the Jefferson Avenue addition to cross the alley, from Lot No. 5 on 34th Street to Lot No. 16 on 35th Street, with hot and chilled water piping for heating and cooling the floor of the auditorium and other rooms. There will be possibly three pipes to cross the alley, but none should be larger than three inched in diameter. We should deeply appreciate your attention to the matter. Sincerely, /s/ Royce Dowell Minister of Education Motion was made by Commissioner Maxey, seoonded by Commissioner Casey, motion carried, Mayor Pro- tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize the Mayor to execute a street -use permit to meet the requirements of the letter as set outAbove. 6-15-376-1034 Motion was made by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Pro- tem. Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION WHEREAS, the City of Lubbock has undertaken to engage in urban renewal activities in co- operation with the Federal Government; and, WHEREAS, there is a need for the appointment of a Project Administrator for Urban Renewal for the City of Lubbock, and provision should be made for a job class.fication and descr*ion, and compensation for said administrator and any other necessary employees for urbanrenewal activity for the City of Lubbock; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. That the City Manager is hereby authorized and directed to appoint a Project _1 Administrator for Urban Renewal for the City of Lubbock, and said Administrator shall be subject to removal at the discreti6n of the City Manager. SECTION 2. The City Manager is hereby authorized and -directed to determine the compensatio to be paid to the Project Administrator for Urban Renewal, and to set up a job classification and!, job description to define the duties and responsibilities df the Project Administrator for/Jrban 1 Renewal, and the City Manager is hereby authorized to set up any other job classifications and descriptions and determine the compensation to be paid for any additional employees needed for Urban Renewal activity if such additional employees have not heretofore been classified under the'1 Personnel Classification Plan of the City of Lubbock. Passed by the Commission on this 27th day of September , 1956� ATTEST: /s/ S. S. FORREST, JR., MAYOR /s/ Lavenia Lowe, City Secretary -Treasurer 6-15-376-1035 Motion by Commissioner Casey, seconded by Commissi ner Maxey, motion carried, Mayor Pro-tem Baker and Commissi ners Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION A RESOLUTION REQUESTING THE RESERVATION OF CAPITAL GRANT FUNDS, APPROVING THE UNDERTAKING OF SURVEYS AND PLANS FOR AN URBAN RENEWAL PROJECT, AND PROVIDING FOR THE FILING OF AN APPLICATION FOR FEDERAL ADVANCE OF FUNDS. WHEREAS, under Title I of the Housing Act of 1949, as amended and supplemented , the Housing and Home Finance Administrator is authorized to extend financial assistance to localities in the elimination and prevention of the spread of their slums and urban blight through the planning and undertaking of urban renewal projects; and, WHEREAS, it is desirable and in the public interest that the City of Lubbock, Texas, prepare surveys and plans, presently estimated to cost Forty Three Thousand ($43,000) Dollars, in order to undertake and carry out an urban renewal project of the character contemplated by Section 110 (c) of said Title I, in that certain area, proposed as an Urban Renewal Area, situated in the City of Lubbock, County of Lubbock, and State of Texas, and described in tYn body of this resolution. WHEREAS, the above -cited Federal Law requires as a condition to the execution of a contract for a loan and capital grant for an urban renewal project that the locality present to the Housing and Home Finance Administrator a workable program, as set forth in Section 101 (C) of said Title I' for utilizing appropriate public and private resources to eliminate and prevent the development or spread of slums and urban blight, totencourage needed urban rehabititation, to provide for the redevelopment of blighted, dq(�teriorated,for slum areas or to undertake such other feasible com- munity activities as nay be suitably employed to achieve the objectives of such a program; and, WHEREAS, a Workable Program for 1heCity of Lubbock, Texas, has been submitted for approval as contemplated above; and, WHEREAS, it is recognized that contracts for loans and capital grants for urban renewal projects will require, among other things; (1) the approval of the urban renewal plan by the governino6ody of the City of Lubbock, Texag (2) the provision of local grants-in-aid which may consist of donations of cah, land, demo- lition of removal work, and the installation, construction or reconstruction of streets, utilities, parks, playgrounds, or other improvements or the provision of other public buildings or facilities; and, (3) The development of a feasible method for the relocation of families displaced from the urban renewal area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COM aS. ION OF THE CITY OF LUBBOCK: SECTION 1. THAT the proposed Urban Renewal Area described below is a slum, blighted, deteriorated or deteriorating area appropriate for an urban renewal project and that the under- taking by the City of Lubbock, Texas, of surAreys and plans for an urban renewal project of the character contemplated by Section 110 (C) of the Housing Act of 1949, as amended and sup;.-lement ed in the proposed Urban Renewal Area described below, is hereby approved; said Urban Renewal Area being described as follows: A description of the Guadelupe Urban Renewal Area, a tract of land out of the west port_on of Secs. 79 & 80, Blk. A, and the east portion of Sec. 19, Blk, A, all within the corporate limits of the City of Lubbock, Lubbock County, Texas, the boundaries of which are as follows; BEGINNING at a point which is 547' north and 153' west of the southeast corner of the west 1/2 of Section 79, Blk, A., said pointbeing 201 south and 20' east of :he southeast corner of Blk. 2, Acuff Heights Addition for the southeast corner of this tract. THENCE West 906, to the east property line of N. Ave. "K" to a point, THENCE South 1801 more or less to the north ridt-of-way line of the Panhandle and Santa Fe Railroad; T"ENCE in a northwesterly direction along said right-of-way line 455' more or less, to a point in the centerline of N. Avenue "L"; THENCE in a northwesterly direction along the east right-of-way line of 'he Crosbyton Branch, Panhandle and Santa Fe Railroad 745', more or less, to a point in the south property line/6f Second Street; THENCE West 816.11 to a point in the east property line of N. Avenue "O"; THENCE South 23.81 to a point in the north right-of-way line of Lhe Panhandle and Santa Fe Railroad; THENCE in a northwesterly direction along said right-of-way line 705', more or less, to a point in the west property ling6f Guadalupe Park. THENCE north along said property line 3201, more or less, to a point in the south property line of First Street; THENCE east along said property line 65' more or less, to a point wtich is 315f west of the west line of Sec. 79, Blk. A; THENCE north along the east property line of N. Paris Avenue 527.5' to a point; THF2.CE in a northeasterly direction along the east property line of Avenue "Q" North Drive 9801, more or less, to a point in the west property line of N. Avenue P; THENCE in a northeasterly direction 3001, more or less, to the northwest corner of Lot"A" Addit ion; THENCE in a northeasterly direction along the boundary ofLot A Addition 46.26, to a point; THafCE 900 southeasterly 180' to a point; THENCE 900 southwesterly 101 to a point; THENCE 900 southeasterly along the east alley line of Blk. 3, Rio Vista Addition 552.6' to a point THENCE east 108.1r to a point; THENCE south 105t to a point; THENCE east 220f, more or less, to a point in the extended north property line of Baylor St; THENCE in a southeasterly direction along the north property line of Baylor Street 6901, t-iiore or less, to a point in the east property line of N. Avenue "K"; THENCE south 19011, more or less, to a point which is 211 north of the northwest corner of Blk. 11, William Tubbs Addition; THENCE east 1201, more or less, to a point in the west right-of-way line of the Crosbyton Branch, Panhandle and Santa Fe Railroad; THENCE in a southwesterly direction alon g the west right-of-way line of the Crosbyton Branch, Panhandle and Santa Fe Railroad 85►, more orless, to a point in the east line of Lot 4, Blk. 11, William Tubbs Addition; THENCE south 3801, more or less, to a point which is 201 north of the northwest corner of Blk. 17, Acuff Heights Addition; THENCE East 835' to a point; THENCE south 496, to a point in the south property line of First Place to a point; THENCE west 10r to a point; THENCE south 544' to a point in the north property line of Second Place; THENCE east 10t to a point; THENCE south 595' to the PLACE OF BEGINNING, this tract containing 123 acres of land, more or less. SECTION 2. THAT the financial assistance under said Title I to assist urban renewal pro- jects is needed and that the Housing and Home Finance Administrator is hereby requested to re- serve for an urban renewal project in the proposed Urban Renewal Area described above Federal capital grant funds in an amount sufficient to enable the City of Lubbock to finance the under- taking of the project. SECTION 3. THAT it is cognizant of the conditions that are imposed in the undertaking and carrying out of urban renewal projects with Federal financial assistance under Title I, including the requirements of said Title I respecting the workable program mentioned above, and that it 26 the sense of this body: (a) that a feasible method f-or the relocation of families displaced fro:r: the urban renewal area, in conformity with said Title I,can be prepared, and (b) that local grants-in-aid, consisting of donations of cash, land, demolition or removal work, and the installation, construction or reonstruction of street, utilities, parks playgrounds, or other improvements or the provision of other public buildings or facilities, necessary for carrying out in the Urban Renewal Area the urban renewal objective of said Title I in accordance with the urban renewal plan, can and will be provided in an amount which will not be less than one-third of the net project cost' and which, together with tle Federal Capital Grant, will be generally equal to the difference between gross project costs and the proceeds or value of project land sold, leased or retained for use in accordance with the urban renewal plan. SECTION 4. THAT the filing of qn application by the City of Lubbock, Texas for an Advance of Funds from the United State of America in an amount of Forty -Three Thousand ($43,000) dollars for surreys and plans for an urban renewal project in the Urban Renewal Area described abov:: is hereby approved and that the Project Administrator for the City of Lubbock is hereb;v authorized and directed to execute and file such application with the Housing and home Finance Administrator and to provide such additional information and to furnish such documents as may be required by said Administrator, and to act as the authorized representative of the City of Lubbock, Texas. Passed by the Commission on this 27th dayof September _, 1956. ATTEST: /s/ Lavenia Lowe, City Secretary -Treasurer /s/ S. S. FORREST, JR., MAYOR 56-15-378-1036 Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, HaTor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, the/tollowing resolution was passed: RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A DEDICATION DEED ON BEHr.LF OF THE CITY OF LUBBOCK TO A PARCEL OF LAND LOCATED IN THE EAST ONE-HALF (1) OF SECTION 2, BLOCK E, IN LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS RESOLUTION WHEREAS, a parcel of land in the East 2 of Section 2, Block E, Lubbock County, Texas, more particularly described hereinafter is needed for public street purposes; and, WHEREAS, the City of Lubbock desires to dedicate said strip of land to the public use for street purposes; and, WHEREAS, the City Commission finds that it would be to the public interest to dedicate said land for street purposes; 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 on behalf of the City of Lubbock a Dedication Deed conveying to the public for street purposes the following described property so long as the same shall be needed for street purposes: BEGINNING at a point 976.2 feet West and 408.9 feet N orth from the Southeast corner of Section 2, Block E and in the Southerly R.O.W. line of U.S. Highway 84 as described in a deed conveying from Mrs. D. C. Rumph to the State of Texas, and r=-corded in Volume 357, Page 494 of the Deed Records of Lubbock County, and also being the Northwest corner of a 2.314 acre tract conveyed to the City of Lubbock by deed recorded in Volume 4`3, Page 16, of the Deed Records of Lubbock County; THENCE South a distance of 21.25 feet; THENCE South 70 deg. 15 min. East a distance of 351.8 feet along a line 115 feet from and parallel to the center line of U. S. Highway 84 as established by the Texas Highway Depart- ment ; THENCE North a distance of 21.25 feet; THE-':CE North 70 deg. 15 min, West a distance of 351.8 feet along the Northerly boundary of said City tract to the POINT OF BEGINNING; Containing 0.162 acre, more or less. SECTION 2. THAT the City Secretary -Treasurer shall attest such dedication deed affixing the seal of the City of Lubbock thereto. Passed by the Commission on this 27th day of September , 1956. ATTEST: /s/ S. S. FORREST, JR., MAYOR / sl Lavenia Lowe, City Secretary -Treasurer DEDICATION DEED THE STATE OF TEXAS 0 KNOW ALL MEN BY THESE PRESENTS �� �G� COUNTY OF LUBBOCK � C�This is to certify that the CITY OF LUBBOCK, a Home Rule Municipal Corporation, of Lubbock _ N County, Texas, acting herein by and through its Mayor heretofore duly authorized,/and in consider- ation of the benefits accruing and to accrue to said City, and to the public generally, and to the ��' �%''� remainder of the property owned by the said City hereby dedicated to the public for public use as a street so long as the same shall be needeci4nd used by the public for public street purposes the following described tract ofland more particularly described by metes and bounds as follows, t o-tit : poses. BEGINNING at a point 976.2 feet West and 408.9 feet North from the southeast corner of Section 2, Block E. and in the Southerly R.O.W. line of U. S. Highway 84, as described in a deed conveying from Mrs. D. C. Rumph to the State of Texas and recorded in Volume 357, Page 494 of the Deed records of Lubbock County, and also being the Northwest corner of a 2.314 acre tract conveyed to the City of Lubbock by deed recorded in Volume 483, Page 16 of the deed records of Lubbock County; THENCE South a distance of 21.25 feet; THENCE South 70 deg. 15 min. East a distance of 351.8 feet along a line 115 feet from and parallel to the center line of U. S. Highway 84 as established by the Texas Highway Depa rt- ment ; THENCE North a distance of 21.25' feet; THENCE North 70 deg. 15 min. West a distance of 351.8 feet along the Northerly boundary of said City tract to the POINT OF BEGINNING: Containing 0.162 acre, more or less. TO HAVE AND TO HOLD for public use as long as tie same shall be used for public street pur- WITNESS the hand of the CITY OF LUBBOCK this 27th day of Se mber , 1956. CITY OF LUBBOCK BY: /s/ S. S. FORREST, JR., MAYOR ATTEST: /s/ Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS 0 COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock Courty, Texas, on this day personally appeared S.S. FORREST, JR, known to me to be the person whose name is sub- scribed 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 MAYOR for thekurposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 27th day of September , 1956 Texas 5-15-380-1037 Motion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Pro -tern B and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution passed: RESOLUTION 6-15-380-1038 WHEREAS, heretofore on August 11, 1949 the City of Lubbock passed Ordinance #925, such Ordinance being recorded in Volume 393, Page 11, of the Deed Records of Lubbock County, Texas, such Ordinance containing a notice of improvements and apportionment of cost of such improvement and assessing a lien upon certain pro-erty, and in such Ordinance there was included paving assessments for paving Unit #845; and, WHEREAS, under pavin;- unit #845 such improvements have created no lien or liens against a part of the property assessed pursuant to paving unit #845 by reason of thefact that a portion of such paving/ mprovements have notbeen made and there isno immediate plan of making street improvements upon the property hereinafter described which was included in paving unit #845 and it is expedient to remove the cloud and apparent lien placed upon a portion of thj�roperty abutting the street to be improved which was included in paving unit #845; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTIOid 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 Release of any and all lens apparent liens or cloud upon title shown by record to exist upon the following described property pursuant to paving unit #845 included in Ordinance #925. Th(broperty upon which theRelease of liens is to affect is described as follows: Paving Unit #845 OWNER LOCATION J. T. Jenkins James 0. Burnham Lofton E. Bennett H. J. Jarrett Lot 1, Blk 2, Nellie Jarett addn. Lot 2, Blk 2, Nellie Jarett Addn. Lot 31 Blk 2, Nellie Jarett Addn. Blk l,_ Nellie Jarett Addn. _ SECTION 2. THAT such release is to contain the provision that it shall not affect any pro- perty or liens not specifically released thereby. Passed by the Commission on this 27th day of September,,1956 ATTEST: /s/ S. S. FORREST, JR. , N:AYOR /s/ Lavenia Lowe, City Secretary -Treasurer Motion by Commissioner Byrd, seconded by Commissioner Maxy, motion carried, Mayor Pro -tern Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, the fol-lowing resolution was passed: RESOLUTION WHEREAS, on or about June 25, 1930, Sid Rouse and wife, Anne Rouse conveyed to the City ofLub_ock a certain utility right-of-way easement covering certain property described in said easement and which easement is recorded in Volume 1.58, at Page 401 of the Deed Records of Lubbock County, Texas, and which easement granted and conveyed to the City of Lubbock the right to construct, maintain, operate and otherwise use said easement for utility and right-of-way purposes, and, WHEREAS, that the above referred to easement covers and includes a part of the Lucille Addition to the County of Lubbock, Lubbock County, Texas, which plat and dedication of the Lucille Addn. is dated June 20, 1956, and is recorded in Volume 623, Page 360 of the Deed Records of Lubbock County, Texas; and. WHEREAS, by plat and dedication, there has been dedicated addquate streets and alleys for public use in said Lucille Addition, and; WHEREAS, as shown on said plat above referred to, there is no longer a necessity that the City of Lubbock have or retain the above described easement, insofar as such easement affects the Lucille Addition according to the plat thereof; and, WHEREAS, the City Commission of the City of Lubbock has determined that it's right to use said utility right-of-way easement is no longer made for public purposes or for any purpose and that it would be in the public interest to release and quit claim said easement insofar as it affects the Lucille Addition as the same is recorded in Volume 623, Page 361 of the Deed Records of Lubbock County, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock BE, and he is hereby authorized and directed to execute, for and in behalf of the City of Lubbock, a release and quit claim which releases and qui claims all the city's interest that it may have -in and to that certain utility right-of-way ease- ment recorded in Volume 158 at Page 401 of the Deed Records of Lubbock County, Texas, insofar as the same affects the Lucille Addition to the County of Lubbock as the plat and dedication of such Addition is recorded in Vol=,e 623, Page 360 of the Deed Records of Lubbock County, Texas; but the release not to affect any property included in the above set out easement except insofar as it affects the Lucille Addition. SECTION 2. The City Secretary -Treasurer is to attest such an instrument for and in behalf of t}e City of Lubbock, affixing the corporate seal of the City of Lubbock thereto. Passed by the City Commission this 27th day of September , 1956 ATTEST: s S. S. /s/ Lavenia Lowe, City Secretary - Treasurer THE STATE OF TEXAS 0 RELEASE & QUITCLAIM DEED COUNTY OF LUBBOCK 0 KNOW ALT&W BY THESE PRESENTS: WHEREAS, on date of July 25, 1930, Sid Rouse and wife., Anne Rouse, for a valuable conside- ration, diid convey to the City of Lubbock, a certain utility right-of-way easement covering that certain property described in said easement which is recorded in Volume 158 at Page 401 of the Deed Records of Lubbock County, Texas, to which reference is hereby made for all intents and pur- poses; and, WHEREAS, that certain easement hereinabove referred to covers and includes a part of a certain tract known as Lucille Addition to the County of Lubbock, Lubbock County, Texas, which plat and dedication deed of Lucille Addition bears date of June 20, 1956, and is recorded in Volume 623, of Page 360, of the Deed Records of Lubbock County, Texas, to whihh reference is here- by made for all intents and purpose*; and, WHEREAS, the sub -dividers of said Lucille Addition have dedicated to the public for public use the streets and alleys as shown on said plat hereinabove referred to; therefore, it is no longer necessary that the City of Lubbock have and retain the above described easement insofar as such easement affects Lucille Addition according to theplat thereof, which said plat is recorded in Volume 623, Page 361, of the Deed Records of Lubbock County, Texas. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: For and in consideration of Ten Dollars and other good and valuable consideration, the City of Lubbock, Lubbock County, Texas, acting by and through its duly authorized Mayor, hereby and by these presents, RASE, RELEASE and QUIT CLAIM unto Lucille E. Vaught, W. C. Gardner and Ruth Willis, the sub -dividers of Lucille Addition, there heirs and assigns forever, the said right- of-way easement hereinabove described, insofar as it affects Lucille Addition as said Lucille Addition is shown of record according to that certain plat filed of record in Volume 623, Page 361, of the Deed Records of Lubbock County, Texas, and approved by the City Planing Commission on the 7th day of June, 1956, it being understood that this Release sha11 not cover and extend to any ottn?r property included in that certain easement of July 25, 1930, recorded in Volume 158, Page 401 of the Deed Records of Lubbock County, Texas. WITNESS the hand ofthe City of Lubbock this 27th day of September , 1956. ATTEST: /s/ Lavenia Lore City Secretary -Treasurer CITY OF LUBBOCK BY: /s/ S. S. FORREST,JR. MAYOR STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, t Notary Pub is in and for Lubbock County, Texas, on thisSersonally appeared S. S. FORREST, JR., known to me foe/the person and officer whose name is subscribed to the foregoing ins'.,rument and acknowledged to me that the same was the act of the City of Lubbock, a municipal corporation, and that he Executed the same as tle act of the said City of Lubbock, a municipal corporation, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 27th day of September , NOTARY PUBLIC 56-15-381-1039 Motion by Commissioner Casey, seconded by ConLissioner Maxey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize the City Manager to execute the following "Assignment" wherein the City is authorized by A and A Construction, by James W. Miller, to issue -to the First National Bank and Trust Company of Muskogee Oklahoma, right title and interest to all money due said Construction Company under City's contract Work Order 11001, covering water line construction. ASSIGNMENT I, James W. Miller, doing business as A and A Construction Company, this 8th day of September, 1956, for value received, do hereby assign to the First National Bank and Trust Company of Muskogee Oklahoma, all right, title and interest to all money now due or become due from the city of Lubbod� Texas, under contraut No. WWO-11001, dated May 25, 1956; said Contract known as Sandhills Water Supply Line for Water Work Improvements forthe City of Lubbock, Texas. This Assignment is limited to funds to become due and payable under the terms of the Contract as the work progresses and ex- pressly does not assign theCont ract in its entirety. If is further intended that this Assignment be subject to all terms of the Contract and laws of the State of Texas, relating to public works and in no way is to relieve the Contractor from personal control of thefullfillrrent of tie Contract. I further stipulate that no previous assignment has been made and agree that no additional assign- ments will be bade under this Contract. I further request that payments made thereunder be made by check drawn to the order of the Assignee. It is further understood and agreed that wherever the term Contract is used in this Assignment, it shall be deemed to include the Contract and any modifications or amendments thereto, only in so far as funds due an*ayable under such amendments or modifications. A AND A CONSTRUCTION COMPANY BY: /s/ JAMES W. MILLER ACCEPTED: CITY OF LUBBOCK, TEXAS BY: f s/ H.lp. CLIFTON CITY MANAGER i6-15-382-1040 Motion by Commissioner Byrd, seconded by Commissioner Casey, motion carried., Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize acceptance of the building addition constructed by J. E. Reid to the City Park and Recreation offices located on East Broadway and authorize payment of final estimate in the amount of $1898.20 to J, E. Reid. This being contract of date, June 14, 1956. Total amount of contract including change orders, $16,427.00. i6-15-382-1041 Motion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Ma -=or Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize payment in the amount of $393.65 to DeWitt and Maeker, Architects, for construction of the addition to the Park and Recreation Offices. ;6-15-382-1042 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize the Mayor to execute license agreement between the City of Lubbock and Panhandle and Santa Fe Railway Company covering eight conductor electric line crossing the railway at Mile Post 4 plus 27.35' on the Seagraves Branch, near Pump Station No. 7, at 34th StrF:et and the Slide Road. This being Santa Fe File No. 2628053, Print No. DEOS-5760, dated August 31, 1956. ;6-15-382-1043 Motion by Commissioner Casey, seconded by Commissioner Byrd, Motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to REJECT the verbal proposal of Mrs. Elmo McClellan in the amount $2000.00, said proposal covering Lot 6 of the C. C. Harkey Subidvision and right-of-way needed by the City for 50th Street at Avenue R. 6-15 382-1044 Motion by Commwsioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Ye::, n,ne voting Nay, Ordinance No. 2034 wa s passed as emergency measue: ORDINANCE NO. 2034 AN ORDINANCE AN�ENDING ART. 2, SECTION 12-11 TO PROVIDE THAT THE FIRE MARSHALL REPORT TO THE CHIEF OF TOIRE DEPARTMENT AND AIEN DLNG SECTION 12-12 OF SAID ARTICLE OF THE LUBBOCK CITY CODE TO PROVIDE THAT THE FIRE MARSHALL SHALL BE APPOINTED BY THE CHIEF OF THE FIRE DEPARTMENT; AND DECLARING AN EMERGENCY. 6-15-382-1045 Motion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Pro t em Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize to Mayor to enter into contract for purchase of a site for Electric Substation in the vicinity of 18th Street and Avenue P. Estimated cost of the land to be purchased is $3,500.00. 6-15-382-1046 Motion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize the Mayor Pro- tem, Lennis Baker, to appoint two members of the city Commission to serve on the City's Retiremeni Advisory Board. Commissioners Hurley Carpenter and Lucian Thomas having been members of this Board. Whereupon, Mayor Pro-tem Baker appointed Commissioner 0. L. Byrd and Commissioner Homer Maxey as members of the City of Lubbock Retirement Advisory Board. Other members of this Board being Norman Heath, Personnel Director; Al Couch, Finance Officer; N.B; McCullough, Director of Public Works and City Manager H.P. Clifton to serve as ex-officio member of this Board. 6-15-382-1047 Request was received from members of the 29-30 Club, wherein they request permission to paint house numbers on the curbs in Lu_bock. Motion was made by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Pro-tem Baker and Com.issioners Byrd, Casey and Maxey voting Yea, none voting Nay, to REJECT this request. 6-15-382-1048 E.Y. Lee Chapter DeMolay Masonic Lodge Hall Lubbock, Texas Commissioner's Court City of Lubbock Dear Sirs: The DeMo]a.ys of Lubbock would like to have a community car wash that would involve the use of city water and a connection into a fire plug sprinkler system, etc. Of course this project would extend for only one day. As to our location, we would need to be on are as near as possible to an important street. Our suggestion would be the parking lot on 27th between Avenue P and Avenue Q. This seems to be a good location because of pedistrian safety. Also there would be no crawding or car and traffic conjestion. The water would not .enter the street. This project has been tried by DeMolay's in other towns and was successful. We deeply feel that this project would be benefidal to our chapter and we would sincerely appreciate your con- sideration on the matter. M Sincerely /s/ DON KING The City Commission considered the request as set out in the above letter and motion was made by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Pro=tem Baker and Com- missioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize said project to be carried on for one day only, under the direction of N.B. McCullough, Director of Public Works. 56-15-383-1050 Motion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize appointment of Mrs. Charles Cobb and Glen Carey as members of the General Committee of tle Mayor's Committee on Young Citizens and the Ballot. 56-15-383-1051 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize appointment of Mrs. Kirk Dean as a member of the Cemetery Board for the un-expired term of Julian R. leftwieh who is resigning from said Board. Mrs. Deanrs term to expire January 8, 1958. 56-15-383-1052 Mr. George L. Peterson, Bud Curry, and Richard Tivis appeared before the City Commission requesting that no ordinance be passed by the City Commission to regulate public dances held within the City limits. After mi lengthy discussion in this regard the City Commission requested City Attorney, Vaughn E. Wilson to prepare a rough draft of a ordinance regulating public dances, said draft to contain provisions as discussed by the City Commission in themeeting on this date, the City Com- mission requesting that a copy of said rough draft be mailed to the Mayor and to each of tiie Com- missione7s for their study and consideration. 56-15-383-1053 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2035 was passed on first reading. ORDINANCE NO. 2035 AN ORDINANCE AMENDING SECTION 31-5 OF THE LUBBOCK CITY CODE BY ADDING THERETO A NEW SUBSECTI(P TO DESIGNATED "31-5.1";.PROHIBITING TRANSPORTITION OF PASSENGERS IN THE FRONT SEAT OF A TAXICAB UNTIL THE BAC SEAT OF THE TAXICAB IS FILLED WITH PASSENGERS; PROVIDING F0h CERTAIN EXCEPTIONS TO THIS PROBBITION; PRESCRIBING A PENALTY;. AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE. 56-15-383-1054 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to approve plans and specifi- cations as presented and authorize publication of Notice to Bidders for construction of a fire station at 17th and Utica Avenue. DeWhitt and Maeker being architects on this construction. Bids to be received October 23, 1956• 156-15-383-1055 CITY OF LUBBOCK September 27, 1956 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Kerr and Middleton, Paving Contractors, under their contract dated April 28, 1955, designated G.W.O. 1100, and find the improvements on the avenue known and designated as Unit 1762, as listed on the final estimate and assessment sheet to have been completed in accordance with the plans and specifications and recommend thatlou accept the improvements on said avenue, paying the contractor the amount shown on the attached consolidated estimate sheet as due him by the City of Lubbock, and issue assignable certificates against property owners for the respective amounts shown on the attached final assessment sheets as being due against them and their respective properties. Yours very truly /s/ John T. Hickerson City Engineer Motion by Commissioner Byrd, seconded by Commissioner Casey, motion cqrried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following esolution was passed: RESOLUTION RESOLUTION ACCEPTING IMPROVF.MM S ON PORTIONS OF STREETS, AND/OR AVENUES 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 Kerr and Middleton (GWO 1100) forthe making and con- struction of alley and/or street improvements on portions of numerous streets and/or alleys in said city including among others the following: Avenue N from its intersection with the North Gutter Line of 13th ,Street to its intersection with a line four (4) feet North of the South gutter Line of Broadway, know.and designated as Unit Numbelt 1762. AND WHEREAS, the improvements upon the said portions of the abovementioned averm. have been inspected and found to have been constructed in accordance with terms of said contract (GWO 1100) THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: 1. That the improvements on said portions of the abovementioned alleys be, and the same are hereby, accepted. 11. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of 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 improvements and assessments where such assessments were levied, and the City Engineer is hereby direct d to write a letter releasing money held in escrow to be paid the contracis for improvementi where abutting property was not assessed. 11 This resolution whall take effect and be in force from and after its passage. Passed and approved this 27th day of September , 1956. ATTEST: /s/ S. S. FORREST, JR., MAYOR /s/ Lavenia Lowe, City Secretary - Treasurer CONSOLIDATED FINAL ESTIMATE FOR UNIT 1762; G. W. 0 1100 ACCEPTED SEPTEMBER 27, 7L956 QUANTITIES: S.Y. S.Y. L.F. S.Y. S.Y Unit No. Location Paving Earthwork C & G Alley Ret. Valley Gutter 1762 Ave.N; 13th St. to Broadway 1660.33 1874.74 607.13 10.56 35.20 COST ESTIMATE: 1,660.33 S.Y. Paving @ $1.15 S.Y. _ $1,909.38 131874.74 S.Y. Earthwork @ $0.75 S.Y. = 1,406.06 607.13 L.F. Curb & Gutter @ $1.50 L.F. = 910.70 10.56 S.Y. Alley Retairn @ $3.75 S.Y. = 36.90 35.20 S.Y. Valley Gutter @ $3.50 S.Y. = 123.20 Contract Cost $ 4,388.94 5% Engr. 219.45 TOTAL COST 4, 08.39 COST DISTRIBUTION : UNIT NO. TOTAL COST P.O. COST TOTAL CITY COST CITY TO CONTR. CONTRACT COST CREDIT ENGR. DEPT 1762 $ 4,608.39 $4,218.03 $390.36 $170.91 $4,388.94 $219.45 6-15-384-1056 CITY OF LUBBOCK September 27, 1956 Honorable N.ayor and City Commission City of Lubbock Lubbock, Texas Gentlemen: I submit herewithin the closing documents for 69 Blocks of Street Paving and 3 Blocks of Alley Paving, Kerr and Middleton Contract, known and designated as G.W.O. 1100. Final inspection has been made of the abowmentioned improvements and I hereby certify that the improvements have been constructed in accordance with the plans, specifications and contract documents. I, therefore recommend acceptance of the improvements. Mr. John T. Hickerson City Engineer City of Lubbock, Texas Yours very truly, /s/ John T. Hickerson City Engineer KERR AND MIDDLETON PAVING CONTRACTORS September 24th, 1956 I Dear Mr. Hickerson: We have completed, in accordance with plans and specifications, all possible Units on our Contract with the City of Lubbock, designated as G.W.O. 1100 and dated April 28, 1935. All unpaved Units were released o:, April 26, 1956, by City Ordinance Number 1880. We now request a final inspection of all completed Units by the City Engineer and a certifi- cate of completion. Yours very truly, KERR AND MIDDLETON BY: Isl E V. Middleton CONTRACTOR" In accordance with the above documents, motion was made by Commissioner Byrd, seconded by Com- missioner Casey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Y.a, none voting Nay, to approve the following contractors affidavit on el.)sing job,. CONTRACTOR'S AFFIDAVIT ON CLOSING JOB G.W.O. 1100 STATE OF TEXAS COUNTY OF LUBBOCK ; Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared E.V. Middleton , who being by me duly sworn, bpon oath says: u I, E.V. Middleton of the firm of KERR AND MIDDLETON, do represbnt to the City of Lubbock and solemly swear that I executed a contract with the City of Lubbock, said Contract being dated April 28th, 1955 ,for curb & gutter & street paving , under General Work Order No.. 1100 , and that the work and contract has been completed according to the plans and specif cations pertaining to the project and that all labor, material, suprlies and other cost including equipmer4 rental and hire, and all expense items incurred in connFction with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the Contractor, have been satisfied by paymenttothe claimant, his authorizecjagentor attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed ofrecord with the County Clerk of Lubbock County. I further repf-esent and affirm thatall Federal, State and Municipal laws were substantially complied with by me in doing and carrying out the job and project herein referred to and that I paid applicable seals of wares, and this affidavit is made to secure payment from the City of Lubbock to me of the/tull and final moneys due me under his contract. Witness my hand this 22nd day of September, 1956 . /s/ E. V. Middleton Subscribed and sworn to before me this the 22nd day of September , 1956. Isl Johnnie L. Howell Notary Public in and forLuboock County, Texas 56-15-385-1057 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Ma: -or Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2036 was passed on first reading: ORDINANCE NO. 2036 AN ORDINANCE ABANDONING AND CLOSING THE NORTH -SOUTH ALLEY IN BLOCK 54 OF THE ORIGINAL TOWN OF LUBBOCK, AND DIRECTI-:G THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF T:,ECITY OF LUBBOCK TO INDICATE THE CLOSING ANIyABANDONMEUT OF SAID NORTH -SOUTH ALLEY A3 AFORESAID. 56-15-385-1058 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Pro tem BakF-r and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize acceptance of the dedication deed from A.W. and M.A Blankenship Estate, said dedication deed to bekxecuted by Wallace Blankenship and Mrs. J.G. Thornhill, covering a tract of land outof the Southeast one- fourth of Section 20, Block A, Lubbock County, Texas, more fully de=ibed-by metes and bounds as follows: 56-15-385-1059 Beginning at the northwest corner of a tract of land conveyed to the state of Texas by a deed dated July 23, 1953, said deed being recorded in Volume 518, Page 393, deed records of Lubbock County: THENCE, West from said northwest corner to the North -South one Half section line of Section 20, Block A, Lubbock County, Texas; THENCE, South 60' more or less, to a point in the south line of Section 20, Block A, Lubi:ock County, Texas; THENCE East along said South line of Section 20, Block A, Lubbock County, Texas, to the Southwest corner of the tract of land described above and recorded in Volume 518, Page 393 of the Lubbock County deed records; THENCE North 60' more or less, to the point of beginning; and Containing approximately .66 acres. The City of Lub­ock hereby agrees to not assess this property -for paving if and when said st.is paved Motion by Commissioner Casey, seconded by Commissioner Byrd, mbtion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize a study to be made of possible revision to the Subdivision Regulation ordinances as they relate to industrial area. 56-15-386-1059a 56-15-386-lo6o Motion by Commissioner Casey seconded by Commissioner Byrd, Mayor Pro-tem Baker, Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Motion Carried, to confirm the action of the City Commission as set out below. After full discussion between the Commission and representatives of the Lone Star Townsite Company and representative of to West Texas Warehouse Company, a Texas corporation, and thier attorneys, also a representative of the Panhandle and Santa Fe Railway Company, the commission as a whole stated that when the hereinafter described 72.29 acres of land in Marnels Addition was conveyed to the West Texas Warehouse Company that the Lone Star Townsite Company, the grantor, would not be responsible for the construction or installation of any additional utilities in or on said land to be conveyed situated within the City of Lubbock and described by metes and bound as follows: All that certain tract or parcel of land situated in the east half (E1/2) of Survey Sixteen (16), Block A, at Lubbock, Lubbock County, Texas, more particularly described as follows: Commencing at the point of intersection of a line parallel with and fifty (50) feet westerly from measured at right angles to, the center line of Panhandle and Santa Fe Railway Companys main track, as now located and constructed, with the north lineof said Survey Sixteen (16) distant seven hundred thirty (730) feet west of the northeast corner thereof; THENCE south zero (0) degrees nine (9) minutes thirty (30) seconds east (bearings assumed for the purpose of this description), andpa.rallel with said main tract center line, a dis- tance of one hundred (100) feet to the na,theast corner and point of beginning of the metes and bounds of the tract of land herein described; THENCE due west, parallel with said north line of Survey Sixteen (16), a distance of seven hundred forty-six and sixty-nine hundredths (746.69)feet; THENCE due south a distance of B)ur thousand one hundred eighty-five and no tenths (4,185.0) feet; THENCE due east a distance of seven hundred fifty-eight and twenty-five hundredths (728.25) feet, more or less, to a point fift- (50) feet westerly from measured at right angles to, sad main tract center line; THENCE north zero (0) degrees nine (9) minutes thirty (30) seconds west, imd parallel with said main track center line, a distance of four thou•..and one hundred eighty-f li.ve (4,185) feet, more or less, to the POINT OF BEGINNING; Containing an area of seventy-two and twenty-nine hundredths (72.29) acres, more or less; The Commission as a whole also stated that the purchaser, West Texas Warehouse Company, and the land above described would be subject to all existing and future ordinances relating to the installation and construction of utilities and Paving relating to said tract of land; that either the Lone Star Townsite Company present owner of said tract of land or West Texas Warehouse Company, proposed purchaser, would make street dedications as provided in the Ordinance annexing the described tract of land and other lands to the City. Representatives and attorneys of the two companies mentioned accepted the statement made byMj the Commission as their understanding and agreement, and it was further understood that when representatives of the West Texas Warehouse Company as owner of the described tract of land were in a position to execute and approve the platting agreement, and file an application for a build- ing permit, that such permit could be granted under existing ordinances. Motion by Commission— Byrd, seconded by Commissioner Maxey, motion carried, Mayor Pro -tern Baker and Commissioners Byrd, Casey and maxey voting Yea, none voting Nay, to authorize an offer in the amount of $638.40 to be made to Mr. J.D. Sanders for a ten foot strip of land lying on the North side of 38th Street immediately West of Avenue H, said right-of-way needed for 38th Street to comply with the Master Throughfare Plan. 5-15-386-1061 Motion by CommissionerByrd, seconded by Commissioner Maxey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2039 was passed as emergency measure: ORDINANCE NO. 2039 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, BE IT ORDAINED BY THE C.-TY COMMISSION OF THE CITY OF LUBBOCK: There is hereby apr:,ropriated out of the following described bond funds to:wit. 1956 STREET IMPROVEMENT BOND FUND The sum $ 643.40 (638.40 purchase price / 5.00 filing fee) For the following purpose: Purchase S. 10 ft. of an unplatted tract of land at the intersetion of 38th St. and Ave. H From Mr. J. A. Sanders otion or 56-15-386-1062 and 1Commissioners1oner Casey Baker, Caseyeandded by Maxey votingsYea,rNonne voting Nay,aOrdinanceyNo.P2038ewaBaker passed as emergency measure. ORDINANCE No. 2038 AN AP I ROPRIAT ION CORDINAXCE 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 o-�.eration of City departments in the public interest which creates an emergency: now THEREFORE, BE IT ORDAINED BY THE CITY COMP�ISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: WATER BOND FUND The sum $ 7214.00 For the following purpose: Love house from 50th Street, ROW to Sandhills Area. 56-15-387-1063 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Pro -tern Baker and Commissioners Byrd,Casey and Maxey voting Yea, none doting Nay,rOrdinance No. 2037 was passed as emergency measure: ORDINANCE NO. 2037 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 tis ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: WATER BOND FUND The sum $228,785.00 For the following purpose: Engineering and construction of 5 million gallon reservoir designated as WWO 110017. 56-15-387-1064 Motion by Commissioner Casey, seconded by ommissioner Maxey, motion carriedMayor Pro tam Baker and Commissioner:. Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION WHEREAS, heretofore the City of Lubbock passed Ordinance # 1908, such Ordinance being recorded in Volume 622, page 323 of the Deed Records of Lubbock County, Texas, and such Ordinance containing. a notice ofimprovements and apportionment of costs of such improvements and assessing a lien upon certain property, and in such Ordinance there was included paving assessments for paving unit #1853; and, WHEREAS, under paving unit #1853 such Ordinance has created no lien or liens against a part of the property assessed pursuant to paving unit #1853 by reason of Im fact that a portion of such paving improvements have not been made and there isno immediate plan of making street improvements upon the property hereinafter described and whichimas included in paving unit #1853 and it is expedient to remove the cloud and apparent lien placed upon a portion of the property abutting the street to be improved which was included in paving unit #1853; 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 -Treasurer is directed to attest for and in behalf of tie City of Lubbock a Release of any and all liens, apparent liens, or cloud upon title shown by record to exist upon the follow- ing described property pursuant to paving unit #1853, as included in Ordinance 1908. The property upon which the Release of liens is to affect is described as follows: Paving Unit 1853 OWNER LOCATION Con Caraway Tract #1 - BEGINNING at a point 45' W. and 1295.00 ft. N. of I the SE corner of Section 16, Blk. B, Lubbock County, Texas; THENCE W. 50 ft,; THENCE S. 115 ft.; THENCE E. 50 ft; THENCE N. 115' to point of beginning. Tract #2 - BEGINNING at a point 45 ft. W. and 1160ft. N. of the SE corner of Sec. 16, Blk. "B" Lubbock County, Texas; THENCE W. 50 ft.; THENCE S. 115 ft.; THENCE E. 50ft.; THENCE N. 115' to the point of beginning. Lloyd Ross BEGINNING at a point 45 ft. W. and 880.00 ft. N. of SE corner, of Sec. 16, Elk. "B" Lubbock County, Texas THENCE W. 50ft.; THENCE North 115►; THENCE E. 50 ft.; THENCE S. 115' to the point of beginning. SECTION 2. THAT such Release is to contain the provision that it shall not affect any property or liens not specifically released thereby. Passed by the Commission on this 27th day of S@ptember , 1956 ATTEST: ls/ Lavenia Lowe, City Secretary Treasurer Z5Z_S._S. FORREST, JR., MAYOR 56-15-388-1065 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Pro -tern Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize acceptance of dedication deed from Maddox Investment Company covering the follpwin escribed property. The City of lubbock hereby agrees to not assess this property four W en said street is paved. Description of the land mentioned above is as follows: BEGINNING At the Southwest Corner of the East 1/2 of the Southwest 1/4 of Section 20, Block A, Lubbock County, Texas; THENCE North a distancaeof 60 feet to a point; THENCE East parallel to and 60 feet North of the South line of said Section 20, Block A, a distance of 1,320 feet to a point; THENCE South a distance of 60 feet to a point in the South line of Section 20. Block A; THENCE West along the South lineof said Section 20, Block A, 1,320 feet to the place of beginning. 6-15-388-1066 Motion by Commissioner Maxey, seconded by Commissioner B,rd, motion carried, Mayor Pro -tern Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize the Mayor to execute "easement and right-of-way" to Southwest Public Service Company covering 7.5 feet of land in Section 2, Block B, Lubbock County, Texas. THE STATE OF TEXAS 0 EASEMENT AND RIGHT OF WAY KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK 0 THAT, we The City of Lubbock, a Home Rule Municipal corporation of tie County of Lubbock, Texas; the owner of the below described land and J. Frank Gray, the tenant in possession of the below described land for and in consideration of the sum of One -Dollar and other valuable considerations ($1.00) to us in hand paid, the receipt of which is hereby acknowledged, have this date GRANTED, SOLD, and CONVEYED, and by this agreement to GRAI:T, SELL, and CONVEY to Southwestern Public Service Company, its successors and assigns, an easement and right-of-way for an ELLECTRIC POWER LINE upon and across the land now owned by the City of Lubbock and leased to J.Frank Gray and located in the County of Lubbock, State of Texas, described as follows: Tract No. 1 A strip ofland in Section 2, Block B, Lub.,ock County, Texas, extending 15 feet on each side of the, following described centerline: BEGINNING at a point in the North line of the SW 1/4 of said Sectia 2, lying 190 feet West of the NE corner of the SW 1/4 of said Section 2; THENCE S 45' 23' W 3463 feet, more or less, to a point in the West line of said Section. Tract No. 2 A strip of land 71/2 feet on each side of the following described centerline: BEGINNING at a point in the southerly boundary of the Fort Worth and Denver Railroad Right-of-way, said point being approximately 240 feet North and 71/2 feet east of the southwest corner of Sectici 2, Block B, Lubbock County, Texas; THENCE South, 71/2 feet east of and parallel to the west line o said Section 2, a distance of 240 feet more or less, to a point in the South line of said Section 2, and the North line of Section 1, Block B, THENCE south 71/2 feet east of and parallel to the wes� line of Section 1, a distance of 1136 feet. This easement and right of way is subject to the following conditions: 1. The Southwestern Public Service Company agrees by the acceptance of this easement that it will keep all weeds and underbrush cleared from around all transmission line struct- ures, and if it fails to do so after notice by either the City of Lubbock or J. Frank Gray, it will pay the tenant or the City of Lubbock any money expended by it to have said weeds and underbrush cleared from around the transmission line structures. 2. 3• The Southwestern Public Service Company by the acceptance of the easement agrees that it will pay the tenant the actual loss of or damage to crops or property which .::ay be occasioned by the construction operation or maintenance of the transmission line to be placed upon the easement herein granted, and in the event thatthe Southwestern Public Service Company and the tenant, J. Frank Gray, fail to agree upon the amount of such damage, the amount of the damage will be determined by a board of three persons --one to be appointed by the tenant, J. Frank Gray, and one by the Southwestern Public Service Company, and the third to be chosen by the original two board members; and the parties hereto agree to abide by the decision of uhe board of three persons as to the amount of such damage. The Southwestern Public Service Company by the acceptance of t}is easement agrees that it will indemnify and hold harmless the City of Lubbock and its tenant against any and all damages, damage suits or claims which may be made against them which arise from the opera tion, maintenance, and construction of the ELECTRIC POWER LINE upon the herein granted easement. 4. Southwestern Public Service Company is a PUBLIC UTILITY, a corporation organized and existing under the laws of the State of New Mexico, having it s main office and principa place of business in Amarillo, Potter County, Texas. 5. The ELECTRIC POWER LINE will consist of a variable number of conductors or wires, insu- lators, crossarms, and all other necessary and desirable power line devices, attached to$ sup,orted from, and a part of the necessary structures consisting of a variable number �i of wood, steel, or other metal members of poles, props, guys, and anchors. 6. Southwestern Public Service Company, its successors and assigns, will have the right of ingress and egress over our, my adjacent lands to and from the easement or right of way for the purpose of constructing, inspecting, patrolling, adding to or removing power line, its conductors, structures, and otle r devices; the right ro relocate upon the right of way or easement; the right to remove all trees or parts thereof, or other ob- structions which might endanger orinterfere with the operation, safety, or a ffeciency of the power line, its structures, and other,4evices. 7. Southwestern Public Service Company must construct, and the company, its successors and assigns, must at all time maintain the power line inaccordance with the National Electric Safety Code requirements and practices now in effect. 8. Southwestern Public Service Company, its successors and assigns, shall enjoy the rights,, benefits, and privileges herein conveyed only until such time as the ELECTRIC POWER LINF may be abandoned and removed, at which time all right, title and interest in the above described right of way easement will revert to the then goperty owner. 9. I, We, do hereby bind myself, ourselves, my our heirs, successors, assigns, and legal representatives, to v,ARRANT, and FOREVER DEFEND all and singular the rights conveyed herein unto Southwestern Public Service Company, its successors and assigns. IN TESTIMONY WHEREOF, witness: our hands on this, the 27th day of Se;tember 119 CITY OF LUBBOCK BY /s/ S. S. FORREST, JR., MAYOR /s/ J. FRANK GRAY THE STATE OF TEXAS BEFORE ME, theundersigned authority, a Notary Public in and for COUNTY OF LUBBOCK Lubbock County, Texas, on this day personally appeared J. FRANK GRAY known to me to the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed. GIVEN UNDE101Y HAND AND SEAL OF OFFICE, THIS the 27th day of Se0ember 1956 /s/ J. A. MAYNARD Notary Public, Lubbock County, Texas THE STATE OF TEXAS BEFORE ME, the undersigned authority, a Notary Public in and for COUNTY OF LUBBOCK Lubbock County, Texas, on this day personall§ appeared S. S. Forrest Jr., known to me to be the person whose name is subscribed to the foregoing instrument, and acknow ledged to me thathe executed the same as to 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 the 27th day of September _, 1956 Notary Public, Lubbock County, Texas r age 56-15-389-1067 This beingthe date to receive bids for construction of a five s oeser gallon concrete water reservoir and pump station., In accordance with Notice to Bidders of record in Minute Book 15, Page 322-323, motion was made by Commissiorw Casey, seconded by Commissioner Byrd, motion Carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, that the bids be opened and read. TABULATION OF BIDS 5 MILLION GALLON RESERVOIR AND PUMP STATION W. W. 0. 11017 BIDS TO BE RECEIVED AT 2:30 P. N. , SEPTEMBER 27, 1956 A & A H. B. MITCHELL UNITED CON- R.N. RUSS W.B. PANHANDLE HESTER CONSTRUCTION ZACHRY DARBY STRUCTION HICKS MITCHELL ABBOTT CONST CONST COMPANY COMPANY COMPANY COMPANY NUSKOGEE SAN MCALLEN DALLAS WACO HOUSTON LUBBOCK LUBBOCK LUBBOCK ANTONIO TOTAL AMOUNT OF $$366,874 281,000 265:000 217,890 272,669 258,777 246,252 238,000 231,000 BID BID 5% 5% 5% 5% 5% 5% 5% 5% 5% SECURITY BOND BOND BONO BOND BOND BOND BOND BOND BOND DEDUCT FOR ADD # 112►► 2475 1800 2000 1000 892.65 5400 750 1000 1400 56-15-389-1068 CITY OF LUBBOCK September 27, 1956 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Kerr and Middleton, under their con- tract dated March 22, 1956, designated as G.W.O. 1234-A, and find the improvements on the streets, avenues, and/or alleys known and designated as Sub --Units 2, 3, 4, 11, and 12 of Unit No 1845; Sub - Units 1 and 4 of Unit No. 1846; and Sub -Units 2 and 3 of Unit No. 1848-A, as listed on the final estimate and assessment sheet to have been compi.eted in accordance with the plans and specification and recommend that you accept the improvements on said streets, avenues arid/or alleys, 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 re- their respective properties. Yours very truly, /s/ John T. Hickerson City Engineer Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Pro -tern Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution was passed: RFfinTJITT nN RESOLUTION ACCEPTING IMPROVEMEN_S ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW ANP ORDERING THE ISSUANCE &CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvements ordinances and resolutions and entered into contract with Kerr and Middeton, Pavir_; Contractors, (G.W.O. 1234-A) for the making and constructions of alley and/or street improvements on portions of numberous streets and/or alleys in said City including amongothers the following: North Flint Avenue from its intersection with the South Paving Line of Clovis Road to its inter- section with the North Property Line of Itasca Street, known and designated as Sub -Emit Number 2 of Unit Number 1845. Shallowater Drive from its intersection with the West Property Line of Flint Avenue to its inter- section with the North Property Line of Harvard Street, known and designated as Sub -Unit Number 3 of Unit Number 1845. Auburn Street from its intersection with the West Gutter Line of Indiana Avenue to its intersection with the East Gutter Line of Hartford Avenue, known and designated as Sub -Unit Number4 of Unit No., 1845. Boston Avenue fran its intersection with the South Property Line of 2nd Place to U intersection with the South Property Line of 3rd Street, known and designated as Sub -Unit Number 11 of Unit Number 1845. Santa Fe Drive from its intersection with the South Property Line of 2nd Place to its intersection. with the South Property Line of 3rd Street, kwwn and designated as Sub -Unit Number 12 of U& No. 1845 Auburn Street from its intersection with the East Gutter Line of College Avenue to its intersection with the Main Line of Seagraves Branch of Panhandle and Santa Fe Railroad, known and designated as Sub -Unit Number 1 of Unit Number 1846. Boston Avenue from its intersection with the South Gutter Line of lst Street to its intersection wit h t he North Gutter Line of 1stPlace, known and designated as Sub -Unit Number 4 of Unit No.184 Avenue L (Widening) from its intersection with the South Gutter Line of 7th Street to its inter- section with the North Gutter Line of 10th Street, known and designated as Sub -Unit Number 2 of Unit Number 1848-A. Avenue L (Widening) from its intersection with the South Gutter Line of 16th Street to its inter- section with the North Gutter Line of 19th Street, known and designated as Sub -Unit Number 3 of Unit Number 1848-A; AND WHEREAS, the improvements upon the said portions of the abovementioned streets and/or avenues, have been inspected and f ound to have been constructed in accordance with terms of said contract (GWO 1234-A). THEREFORE BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: L That the improvements on said portions of the abovementioned streets and/or avenues be, and the same are hereby accepted. II. That the Mayorand City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence ofthe assessments levied against the parcels 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 the manner provided in said contract, and the proceedings with re- f e:-ence to said improvements 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 27TH DAY OF SEPTaIBER , 1956. ATTEST: /s/ S. S. FORREST /s/ Lavenia Lowe City Secretary CONSOLIDATED FINAL ESTIMATE , G.W.0 1234-A, SEPTEKBER 27, 1956 QUANTITIES nit & Sub .Y. S.Y. S.Y. S.Y nit LOC4TION S.Y. Subgr. L.F. Alley Valley Earth Paving Prep. C. & G. Ret, Gutter work 845-2 N. Flint Ave; Clovic Rd. to Itasca St. 1027.51 1,537.03 609.68 40.16 845-3 Shallowater Dr; Flint Ave. to Harvard Ave. 2,314.44 2,593.35 1,003.97 845-4 Arburn St; Indiana Ave.to Hartford Ave. 2,475.96 2,827.86 1,266.84 845-11 Boston Ave; 2nd Pl. to 3rd St. 1,560.67 1,760.12 586.00 36.67 845-12 Santa Fe. Dr.; 2nd P1. to 3rd St. 2,239.99 2,554.29 982.36 41.42 846-1 Auburn St; College to R.R.E of College 7,518.47 8,588.25 3,514.68 68.84 24.64 846-4 Boston Ave; lst St. to lst Pl. 1,276.92 1,465.92 632.40 13.33 848-A-2 Avenue L; 7th St. to loth St. 6,492.13 1,869.72 87.56 7,099.06 848-A-3 Avenue Li 16th St. to 19th St. 6,042.72 4893.67 13.00 62581.7 TOTALS 31,248.80 21,32.8212,359.32 _ 200.42 125.20 130680.8c CONSOLIDATED COST ESTIMATE SUB -UNITS ACCEPTED SEPTEMBER 27, 1956 G. W. 0. 1234-A COST ESTIKATE 31,24.8.80 S.Y. Paving Q$1.20/S.Y. w37,498.56 21,326.82 S.Y. Subgr. Prep @$0.24/S.Y. 51156.94 12,359.32 L.F. Curb & Gutter 4$1.55/L.F. 1 , 200.42 S.Y. Alley Returns @$4.25/S.Y. 851.79 125.20 S.Y. Valley Gutter 04.25/S.Y. 532.10 13,680.80 S.Y. Earthwork 00.50/S.Y. 6,840.40 CONTRACT COST $69,998.24 REVISED COST DISTRIBUTION SUB -UNITS ACCEPTED SEPTaMER 27, 1956 G. W. 0. 1234-A COST DISTRIBUTION , Unit & Contract Cost P.O. Unit Complete City Cost for Ot er City Cost Sub -Unit Cost, City to Contr. NOW Ext. Width NOW Due When Unit is Complete 1845-2 $ 3,077.58 $ 1,022.69 $ $ 606.01 $ 1,448.88 1845-3 4,955.89 3,230.08 1,725.81 1845-4 5,613.44 5,909.56 - 296.12 1845-11 3,359.38 1,975.28 1,384.10 1845-12 4,999.71 3,525.50 1,474.21 1846-1 160928.39 14,847.80 1,658.88 421.71 1 846-4 2,921.00 2069.40 259.20 92.40 1848-A-2 14,610.28 4,227.57 10082.71* 1848-A-3 13,532.57 4,281.76 91250.81* TOTALS 69,998.24 $ 41,589. 4 19, 33.52 2,524.09 ,250.99 This figure includes City's EXTRA WIDTH CIST TOTAL NOW DUE CON'IUCTOR NO FURTHER BLSINESS COMING UP FOR CONSIDERATION RECESSED TO MEET AT 11:45 A. M. , OCTOBER 1, 1956. $22,157.61 THE CITY COMMISSION READ AND APPROVED THIS THE llth DAY OF OCT OBER, 1956 ATTEST: ll/ Lavenia owe, City 84cretar3rlTreasurer