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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/23/1954No further business coming up for consideration, the City Commission adjourned. Read and approved, this the 27th day of January, 1955. k ZZ"; )4�11 Ll�venia Lowff, City Secretary-Treasurer REGULAR MEETING Lubbock, Texas December 23, 1954 The City Commission of the City of Lubbock, Texas, met at 2:00 P.M. in regular session, at the regular meeting place in the City Hall, the following members thereof being present, to -wit; Mayor Murrell R. Tripp, Commissioners Lennis Baker, Hurley Carpenter, S. S. Forrest, City Manager Steve Matthews, City Attorney Vaughn E. Wilson, City Secretary -Treasurer 1avenia Lowe, Absent: Commissioner Lucian Thomas. 54-13-382-636 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, the following annexation ordinances were authorized published: Ordinance No. 1650, Ordinance No. 1651, Ordinance No. 1652, Ordinance No. 1653 and Ordinance No. 1654. ORDINANCE NO. 1650 AN ORDINANCE ANNEXING AN AREA AND TERRITORY AHJTTING AND ADJACENT TO THE EXISTING ,CCRPORATE LIMITS OF THE CITY OF LUBBOCK, BEING APPROXIMATELY 0.2270 SQUARE MILES -0F LAND - LYING SUBSTANTIALLY SOUTHEAST OF THE INTERSECTION OF 42ND STREET AND AVENUE A IN THE CITY OF LUBBOCK, AS 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 A PUBLICATION AND FINAL PASSAGE UNDER PROVISIONS OF SECTION 3-A, ARTICLE I, CHAPTER ONE OF THE CHARTER CQF THE CITY OF LUBBOCK, AND EXTENDING THE CITY LIMITS TO INCLUDE SAID AREA. WHEREAS, the City Commission finds that the area hereinafter described is in line of development, growth and expansion being experienced by the City of Lubbock, that its annexation has been requested, and the Commission further finds that annexation of the described area will be in the best interest of public health, morals, safety and general welfare, and the Commission is authorized to annex the same under those Charter provisions; THEREFORE, BE IT ORDAINED BY THE CITY COMMISSICN OF THE CITY OF LUBBOCK.- SECTION 1. That the following described area abutting and adjacent to the corporate limits of the City of Lubbock, in Lubbock County, Texas, described by metes and bounds, to -wit : J BEGINNING at a point in the existing City Limits Line, said point being 25 feet South and 30 feet East of the Northeast corner of the Southwest 1/4 of Survey 6, Block B. Lubbock County, Texas; THENCE South 30 feet East of and parallel to the East line of the Southwest 1/4 of said Survey 6, Block B, a distan of 2615 feet, more or less, to a point, said point being 30 feet East of he Southeast corner of the South- west 1/4 of said Survey 6, Block B; THENCE West along the South line of the Southwest 1/4 of said Survey 6, Block B, a distance of 2379.9 feet to a point on the present City Limits line; THENCE North along the present City Limits Line, a distance of 2615 feet, more or less, to a point on the present City Limits Line, and being 150 feet East of the East line of Avenue A and 25 feet South of the North line of said Southwest 1/4 of Survey 6, Block B; THENCE East 25 feet South of and parallel to said North line of the Southwest 1/4 of Survey 6, Block B, and being along and coincident to the present City Limits -Line., a distance of 2420 feet, more or less, to the POINT OF BEGINNING. Containing 0.2270 square miles, more or less. BE, and the same is hereby annexed to and included within the corporate limits of the City of Lubbock. SECTION 2. This ordinance shall be forthwith published in a daily newspaper published in the City of Lubbock, Texas, one (1) time, and shall not be thereafter finally acted upon until at least thirty (30) days have elapsed after such publication, and if finally passed in its present form, the boundary limits of the City of Lubbock shall thereby be fixed to include the area, territory and extension described in Section 1 (Qne) of this ordinance. AND IT IS SO ORDERED. On motion of Commissioner Forrest, seconded by Commissioner Carpenter, and carried by the following vote: Commissioners voting "YEA": Baker, Carpenter, Forrest and Mayor Tripp Comnissioners voting "NAY": None this ordinance was ordered to be published at a regular meeting of the City Commission this 23rd day of December, 1954. ATTEST: /a/ Murrell R. Tripp MURRELL R. TRIPP, Mayor /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer ORDINANCE NO. 16L1 AN ORDINANCE ANNEXING AN AREA AND TERRITORY ABUTTING AND ADJACENT TO THE EXISTING CORPORATE LIMITS OF THE CITY OF LUBBOCK.. BEING APPROXIMATELY 0.4373 SQUARE MILES OF LAND LYING SUBSTANTIALLY SOUTHEAST CF THE INTERSECTION OF 51ST STREET AND COLLEGE AVENUE, AS DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; RATIFYING AND CONFIRMING PRIOR ANNEXED PROPERTY; PROVIDING FOR EXTENSION OF THE CITY LIMITS AND CORPORATE BOUND- ARIES TO ANNEX THE AREA; PROVIDING FOR PUBLICATION AND FINAL PASSAGE UNDER PROVISIONS OF SECTION 3-A, ARTICLE I, CHAPTER ONE OF THE CHARTER CF THE CITY OF LUBBOCK, AND EXTEND- ING THE CITY LIMITS TO INCLUDE SAID AREA. WHEREAS, the Commission finds that the area hereinafter described is in line of development, growth and expansion being experienced by the City of Lubbock, that its annexation has been requested, and the -Commission further finds that annexation of the described area will be in the best interest of public health, morals, safety and general welfare, and the Commission is authorized to annex the same under those Charter provisions; THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. That the following described area abutting and adjacent to the cor- porate limits of the City of Lubbock, in Lubbock County, Texas, described by metes and bounds, to -wit: BEGINNING at a point at the intersection of the center lines of 42nd Street and College Avenue and being 2620 feet South of the Southwest corner of Survey 92 Block B, ubbock County, Texas, said point being in the City Limits as established by C ty of Lubbock Ordinance No. 797; THENCE South along the East lines of Survey 14, Block B, and Survey 7, Block E-2, Lubbock County, Texas, a distance of 3010 feet more or les:3 to a point on the present City Limits line and being 350 feet South of the Southeast corner of said Survey 14; THENCE South along the East line of Survey 7, Block E-2, Lubbock County, Texas, a distance of 2615 feet to a point; THENCE East a distance of 2640 feet more or less to a point on the existing City Limits line, said point being 325 feet more or less South of the center- line of 58th Street, and 325 feet South of the Northwest corner of the Southeast 1/4 of Survey 30 Block E; THENCE South along the present City Limits line a distance of 2315 feet more or less to a point for the Southwest corner of the Southeast 1/4 of Survey 3, Block E; THENCE East following the South Boundary Line of the Southeast one -quarter of Survey 3, Block E to a point which is 150 feet West of the Southeast corner of Survey 3, Block E; THENCE South 150 feet to a point which is 150 feet South of the South Boundary Line of Survey 3, Block E; THENCE East 150 feet South, of and parallel to the South Boundary Line of Survey 2, Block E, a distance of about 2790 feet to a point of intersection with the centerline of Avenue H. or Highway No. 87; THENCE North following the centerline of -Avenue H, or Highway 87, a distance of 150990 feet, more or less, to a point in the North line of Survey 7, Block B, and in the intersection of 19th Street and Avenue H; THENCE East a distance of 7920 feet, more or less, along the North lines of Surveys 7 and 9, Block B to a point for the.Northwest corner of Survey 92 Block B; THENCE South along the West lines of Surveys 9 and 10, Block B, a distance of 7900 feet, more or less, to the point of beginning at the intersection of the centerlines of 42nd Street and College Avenue. BE, and the same is hereby annexed to and included within the corporate limits of the City of Lubbock. SECTION 2. All that property included within the description contained in Section 1 hereof which has been previously annexed to the City of Lubbock, is contained within such description for the express purpose of ratifying and confirming the annexation of all such property, and the same is hereby in all t3ings affirmed, ratified and confirmed as of the various dates of the annexation of such property. SECTION 3. This ordinance shall be forthwith published in a daily newspaper publish- ed in the City of Lubbock, Texas one (1) time, and shall not be thereafter finally acted upon until at least thirty (30) days have elapsed after such publication, and if finally passed in its present form, the boundary limits of the City of Lubbock shall thereby be fixed to include the area, territory and extension described in Section 1 (One ) of the ordinance. AND IT IS SO ORDERED. On motion of Comidssioner Forrest, seconded by Commissioner Carpenter, amd carried by the following vote: Commissioners voting "YEA": Baker, Carpenter, Forrest and Mayor Tripp • Commissioners voting 11NAY11 r None this Ordinance was ordered to be published at a regular meeting of the City Commission this 23rd day of December, 1954, /s/ Murrell R. Tripp MUR.RELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer ORDINANCE NO. 1652 AN ORDINANCE ANNEXING AN AREA AND TERRITORY ABUTTING AND ADJACENT TO THE EXISTING CORPORATE LIMITS OF THE CITY OF LUBBOCK, BEING APPROXIMATELY 0.5802 SQUARE MILES, MORE OR LESS, LYING SUBSTANTIALLY SOUTHEAST OF THE INTERSECTION OF 42ND STREET AND SLIDE ROAD, WITH ELONGATIONS NORTH TO 26TH STREET AND EAST TO ELGIN AVENUE, AND ALSO EXTENDING WEST OF SLIDE ROAD AS DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORMNANCE; PROVIDING FOR EXTENSION OF THE CITY LIMITS AND CORPORATE BOUNDARIES TO ANNEX THE AREA; PROVIDING FOR PUBLICATION AND FINAL PASSAGE UNDER PROVISIONS OF SECTION 3-A, ARTICLE I, CHAPTER ONE OF THE CHARTER OF THE CITY OF LUBBOCK, AND EXTENDING THE CITY LIMITS TO INCLU]E SAID AREA. WHEREAS; the Commission finds that the area hereinafter described is in line of development, growth and expansion being experienced by the City of Lubbock, that its annexation has been requested, and the Commission further finds that annexation of the described area will be in the best interest of public health, morals, safety and general welfare, and the Commission is authorized to annex the same under those Charter provisions; THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCKt SECTION 1. That the following described area abutting and adjacent to the corporate limits of the City of Lubbock, in Lubbock County, Texas, described by metes and bounds, to -wit: BEGINNING at a point on the present City Limits line and being 300 feet West of the Southeast corner of the Northeast 1/4 of Survey 5, Block E-2 Lubbock County, Texas; THENCE South paralI el to and 300 feet West of and measured at right angles to the East lines of Surveys 5, 6 and 28 of Block E-2, Lubbock County, Texas, a distance of 8424.3 feet, more or less, to a point 500 feet South and 300 feet West of the Northeast corner of said Survey 28; THENCE East parallel to and 500 feet South q' and measured at right angles to the North lines of Surveys 28, 9/and 7 of Block Fr2, Lubbock County, Texas, a distance of 13003.2 feet, more or less, to the center- line of Elgin Avenue and being 500 feet South of the North line of said Survey 7, Block E-2; THENCE North along the center line of Elgin Avenue a distance of 150 feet more or less, to the present City Limits line; THENCE West along the present City Limits line 350 feet South of the North lines of Surveys 7, 8 and 9, Block E-2, a distance of 8580 feet, more or less, to the center line of Raleigh Avenue; THENCE North along the present City Limits line a distance of 1340 feet along a line parallel to the East line of Survey 9, Block E-2 and Survey 18, Block B; THENCE West along the present City Limits line a distance of 924 feet to a point ; THENCE North 1650 feet, more or less, to a point, said point being in the North line of the Southeast 1/4 of Survey 18, Block B; THENCE West along the present City Limits line and being the North lines of the South A of Survey 18, Block B, and Survey 6, Block E-2 a distance of 3846 feet, more or less, to a point 150 feet West of the East line of said Survey 6, Block E-2; THENCE North along the present City Limits Line and being 150 feet West of the East lines of Survey 6 and 5, Block E-2, a distan ce of 2840 feet, more or less, to a point on the North line of the Santa Fe Railway right- of-way; THENCE Northeasterly along the present City Limits Line and being the North line of the Santa Fe Railway right-of-way, a distance of 111 feet, more or less, to a point 60 feet West of and at right angles to the East line of Survey 5, Block E-2; THENCE North along the present City Limits Line 60 feet West of and parallel to the East line of Survey 5, Block E-2, a distance of 2305 feet, more or less to a point on the North line of the Southeast 1/4 of Survey 5, Block E-2; THENCE West along the present City Limits Line, a distance of 240 feet to the POINT OF BEGINNING. Containing 0.5802 square miles, more or less. BE, and the same is hereby annexed to and included within the corporate limits of the City of Lubbock. SECTION 2. This Ordinance shall be forthwith published in a daily newspaper published in the City of Lubbock, Texas, one (1) time, and shall not be thereafter finally acted upon until at least thirty (30) days have elapsed after such publication and if finally passed in its present form, the boundary limits of the City of Lubbock shall thereby be fixed to include the area, territory and extension described in Section 1 (One) of this ordinance. AND IT IS SO ORDERED. On motion of Commissioner Forrest, seconded by Commissioner Carpenter, and carried by the following vote; Commissioners voting "YEA": Baker, Carpenter, Forrest and Mayor Tripp Commissioners voting "NAY": None this Ordinance was ordered to be published at a regular meeting of the City Commis -ion this�23rd day of December, 1954. /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST. /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer ORDINANCE NO. 1653 AN ORDINANCE ANNEXING AN AREA AND TERRITORY ABUTTING AND ADJACENT TO THE EXISTING CORPORATE LIMITS OF THE CITY OF LUBBOCK, BEING APPROXIMATELY 0.2097 SQUARE MILES OF LAND LYING SUBSTANTIALLY SOUTHEAST OF AVENUE A AND 50TH STREET AS 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 FINAL PASSAGE UNDER PROVISIONS OF SECTION 3-A, ARTICLE I, CHAPTER ONE CF THE CHARTER OF THE CITY OF LUBBOCK.. AND EXTENDING THE CITY LIMITS TO INCLUDE SAID AREA. WHEREAS, the Commission finds that the area hereinafter described is in line of development, growth and expansion being experienced by the City of Lubbock, that its annexation has been requested, and the Commission further finds that annexation of the described area will be in the best interest of public health, morals, safety, and general -welfare, and the Commission is authorized to annex the same under those Charter provisions; THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK*, SECTION 1. That the following area abutting and adjacent to the corporate limits of the City of Lubbock in Lubbock County, Texas, described by metes and bounds, to -wit: BEGINNING at a point on the present City Limits line, said point being 289.9 feet East of t-he Northwest corner of Survey 1, Block E, Lubbock County, Texas; THENCE East along the North line of said Survey 1, Block E, a distance of 2379.9 feet, more or less, to a point 30 feet East of the Northeast corner of the Northwest 1/4 of said Survey 1, Block E; THENCE South 30 feet East of and parallel to the East line of said North- west 1/4, Survey 1, Block E, a distance ct 2640 feet, more or less, to a point 30 feet East of the Southeast corner of said Northwest 1/4 of Survey 1, Block E; THENCE West along the South line of said Northwest 1/4 Survey 1, Block E, a distance of 2670 feet, more or less, to the Southwest corner of said Northwest 1/4 Survey 1, Block E; THENCE North along the West line of said Northwest 1/4 of Survey 12 Block E, a distance of 1426 feet, more or less, to a point on the present City Limits line; THENCE Nartheasterly along the present City Limits line to the PLACE OF BEGINNING. Containing 0.2097 square miles. BE, and the same is hereby annexed to and included within the corporate limits of the City of Lubbock. SECTION 2. This ordinance shall be forthwith published in a daily newspaper published in the City of Lubbock, Texas, one (1) time, and shall not be thereafter finally acted upon until at least thirty (30) days have elapsed after such publication, and if finally passed in its present form, the boundary limits of the City of Lubbock shall thereby be fixed to include the area, territory and extension described in Section 1 (One) of this ordinance. AND IT IS SO ORDERED. on motion of Commissioner Forrest, seconded by Commissicner Carpenter, and carried by the following vote: Commissioners voting "YEAH: Baker, Carpenter, Forrest and Mayor Tripp Commissioners voting "NAY": None this ordinance was ordered to be published at a regular meeting of the City Commission this 23rd day of December, 1954. ATTEST: /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor /a/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer ORDINANCE NO. 1654 AN ORDINANCE ANNEXING AN AREA AND TERRITORY ABUTTING AND ADJACENT TO THE EXISTING CORPORATE LIMITS OF THE CITY OF LUBBOCK, BEING APPROXIMATELY 0.2476 SQUARE MILES OF LAND, MORE OR LESS, LYING SUBSTANTIALLY SOUTHWEST OF/rHE INTERSECTION OF 51st STREET AND COLLEGE AVENUE, AS 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 FINAL PASSAGE UNDER PROVISIONS OF SECTION 3-A, ARTICLE I, CHAPTER ONE OF THE CHARTER OF THE CITY OF LUBBOCK, AND EXTENDING THE CITY LIMITS TO INCLUDE SAID AREA. WHEREAS, the Commission finds that the area hereinafter described is in line of development, growth and expansion being experienced by the City of Lubbock, that Is annexation has been requested, and the Commission further finds that annexation of the described area will be in the best interest of public health, morals, safety and general welfare, and the Commission is authorized to annex the same under those Charter provisions; THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION CF THE CITY CF LUBBOCK: SECTION 1. That the following described area abutting and adjacent to the corporate limits of the City of Lubbock in Lubbock County, Texas, described by metes and bounds, t o-wit s BEGINNING at a point on the present City Limits line, said point being 350 feet South of the Northeast corner of Survey 7, Block E-20 Lubbock County, Texas; THENCE South along the East line of said Survey 7, Block E-2, a distance of 2615 feet to a point on the East -line of said Survey 7, Block E-2; THENCE West 2640 feet, more or less, to a point on the West line of the Southeast 1/4 of said Survey 7, Block E-2; THENCE North along said West line of the East 1/2 of Survey 7, Block E-2 a distance of 2615 feet, more or less, to a point on the present City E Limits Line, said point being 350 feet South of the North line of said Survey 7, Block E-2; THENCE East along the present City Limits line 2640 feet, more or less, to the PLACE OF BEGINNING. Containing 0.2476 square miles, more or less. BE, and the same is hereby annexed to and included within the corporate limits of the City of Lubbock. SECTION 2. Thisordinance shall be forthwith published in a daily newspaper published in the City of Lubbock, Texas, one (1) time, and shall not be thereafter finally acted upon until at least thirty (30) days have elapsed after such publication, and if finally passed in its present form, the boundary limits of the City of Lubbock shall thereby be fixed to include the area, territory and extension described in Section 1 (One) of this ordinance. AND IT IS SO ORDERED. On; motion of CommissionerForrest, seconded by Commissioner Carpenter, and carried by the following vote; Commissioners voting "YEA": Baker, Carpenter, Forrest and Mayor Tripp Commis sion rs voting "NAY".- None this Ordinance was ordered to be published at a regular meeting of the City Commission this 23rd day of December, 1954. /s/ Murrell R. Tripp ATTEST: NIURRELL R. TRIPP, Mayor /s/ Lavenia Lowe Laven is Lowe, City Secretary -Treasurer 54-13 287•-637 Motion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, Ordinance No. 1655 was passed as an emergency measure. ORDINANCE NO. 1655 MUNICIPAL ORDINANCE (Construction and Maintenance) AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTION OF U.S. HIGHWAY NO. 87 IN THE CITY OF LUBBOCK BETWEEN THE FOLLOWING LIMITS TO -WIT: BEGINNING AT A POINT IN AVENUE Q THREE HUNDRED (300) FEET SOUTH OF THE INTER- SECTION OF THIRD STREET AND AVENUE Q; THENCE NORTHEASTERLY VIA A NEW LOCATION TO THE NORTH PROPERTY LINE OF KEMPER STREET, WHICH IS A CITY LIMITS LINE AS A FREEWAY AND A STREET, HEREINAFTER REFERRED TO AS "TIE 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 CONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF -SAID PROJECT AS A FREEWAY, AND AS A STREET, AND DETERMINING THE LIABILITIES AND RESPONSIBILITIES OF THE CITY AND THE STATE OF TEXAS WITH REFERENCE TUMTO; AND DECLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREBENT STATE OF TEXAS COUNTY OF LUBBOCK This agreement made this 23rd day of December, 1954, by and between the State of Texas, hereinafter referred to as the "State", party of the fYrst Fart, and the City of Lubbock, Lubbock County, Texas, acting by and through its duly authorized officers under an ordinance passed the 23rd day of December, 1954, hereinafter called the "City", party of the second part. W I T N E S S E T H WHEREAS, the City has requested t iRtate to contibute financial aid in the improvement of a Street beginning at a/tee hundred (300) feet South of the inter- section of Third Street and Avenue Q in the City of Lubbock thence Northeasterly via a new location to the North property line of Kemper Street which is a City Limits line, a route of U. S. Highway 87, 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 as a street which has been designated as a Freeway; and WHEREAS, the State Highway Engineer, acting for and in behalf of the State Highway Commission has made it known to the City that the State will assist the City in the improvement and maintenance of said project, conditioned that the Cityp as contemplated by Senate Bill 41% 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 here- inafter set forth, it is agreed as follows: It is understood and agreed between the parties hereto that this project designated as a "Freeway" shall be constructed as a street to consist of a "Freeway" as defined by House Bill No. 771, Acts 51st Legislature, Regular Session, supplemented by "Frontage Streets" as mutually agreed to by the City and the State. The term "Project" as used in this agreement and hereinabove described as to termini, shall include grading, pavement, median curb , curbs and, gutters, sidewalks, bridges, grade separation structures, culverts, storm sewers, outfall channels as well as other usual appurtenances common to a normal street project. The term "Freeway", denotes that portion of the project consist- ing of the inner pavement lanes designated to serve through traffic. The term "Frontage Street" denotes the outer streets auxiliary to the Freeway, designed to serve abutting property and adjacent areas. Pro ect Authorization It is understood and agreed between the partie hereto that the City by virtue of the provisions of its charter and the laws of the Mate of Texas has exclusive control of and jurisdiction over all streets and public ways within the incorporated limits of such City, and that the City has requested and consented to the construction ard maintenance of the project i the construction and maintenance of such project does so at the special instance and request of the Cityo and the State The City, in consideration of the mutual covenants herein contained, does hereby agree to and does hereby authorize the State to improve or assist in the improvement of said project at the location and in the manner shown on the plan approved by both parties and attached hereto, marked "Exhibit All., and made a part hereof in all respects. RIGHT OF WAY The City will provide without cost to the State a right-of-way for the project free of all ebstructions and encroachments, and of a width sufficient to provide properly for - the improvements shown on the plans, and will not in the future permit encroachments on aaid right-of-way. EXISTING UTILITIES The City will provide for the installation, removal or other necessary adjustment of any and all utilities and services, 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 respect to location 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 this provision, and if such delay results in additional expense to the State, such expense will be the direct charge and obligation of the City. SERVICES The State will prepare or provide for the construction plans, advertise for bids, and let the construction contract, or otherwise provide for the construction and will supervise the construction, reconstruction or betterment wotk as required by said plans. As the project is developed to the construction stage, either as a unit or in increments, the ;fate will secure the Cityf s approval of the construction plans for each increment or the unit prior to award of contract. CONSTRUCTION DIVISION OF/RESPONSIBILITIES The City and the State will provide for the following items of construction for which each assumes financial responsibilities. Assumed by the City: Construction of a storm sewer system from the Northeast side of Clovis Road to the present 48" storm serer at the intersection of Avenue Q and Fourth Street. Construction of concrete curb and gutter on outer edge of all Frontage Streets. Construction of all other concrete curb and gutter, median curb, sidewalks and drive- ways not hereinafter assumed by the State. Assumed by the State: The construction items of grading, roadway pavement and its support, initial placement of concrete curb and gutter, (except as hereinbefore assumed by the City), railway overpass structure, highway grade separation and cross drainage structures. Replacement of existing sidewalks and driveways located within the construction limits of the project. TRAFFIC CONTROL DEVICES The City agrees that traffic carrntrol devices, such as stop and slow signs, traffic signal lights, parking meters and other types of devices for traffic control in respect to type of device, points of installation, and necessity will be fixed by agreement with the State as represented by the State Highway Engineer after traffic and engineer- ing surveys have been made. The City agrees that it will not install or maintain or permit the installation or maintenance of any type of traffic control device which will affect or influence the utility of the project without having obtained in writing the prior approval of the State. Traffic control devices installed prior to the date of this agreement and which will affect or influence the utility of the project are hereby made subject to the terms of this agreement, and the City agrees to the removal of such devices unless their continued use in place is approved in writing by the State. It is understood that future traffic signal lights installed as a joint project by the City and State will be the subject of a separate agreement outlining the responsibilities for installation and maintenance. PAVEMENT STRIPING The State agrees to construct and maintain all longitudinal center line and non -passing barrier stripes. The City agrees to construct and maintain any additional traffic stripping it may desire subject to the approval of the State. STREET LIGHTING SYSTEM This being a Freeway (or Arterial Street) project, it is understood that the joint responsibilities of the City and State for a street lighting system will be determined by separate agreement. �I FUTURE UTILITIES The City will secure or cause to be secured a permit from the State before any utility installation, repair, removal or adjustment is undertaken, crossing over or under the project or entering the project right-of-way. It is further agreed that the City will comply or require compliance by others with the specifications for back fill- ing, replacing pavements, and other features of construction as stipulated in the permit. In event the City or others fail to perform all work in accordance with the requirements of the specifications in the permit, the City agrees to pay to the State promptly the cost for making correction of any deficiencies in the original work. The City will not remove or permit the removal of any concrete curb and gutter or any facility constructed by the State without a written permit from the State. On concrete curb and gutter constructed by the City, the length and location of all drive- ways (curb laid back) shall receive approval of the State prior to construction. TRAFFIC REGULATIONS AND SAFETY PROVISIONS The City agrees to prohibit parking on all sections of the project hereinbefore designated as a "Freeway". The City agrees to prohibit parking for the purpose of loading or unloading freight or passengers on all sections of the project hereinbefore designated as a Freeway. The City agrees not to grant loading zone permits on any or part of the project hereinbebre designated as a Freeway. The City agrees to prohibit the planting of trees or shrubbery or the creation or construction of any other obstruction within the right-of-way without prior agreement with the State. The City agrees to prohibit the movement of loads over the project and other maintained street which exceed the legal limits for designated State Highways for either weight, length,, height or width except those having proper permits from the State for such movement. The State will be responsible for the erection and maintenance of informational signs on the project for direction of traffic, such signs to be of design and location to conform to the standard practices of the State. DIVISION OF MAINTENANCE RESPONSIBILITIES This general maintenanoeprovision is supplemented, or in case of conflict is superseded in respect to the point in conflict only, by the specific maintenance re- sponsibilities as delineated in other provisions of this agreement. The State will maintain the roadway pavement and its support the full length of the project, curb and gutter and median curbs. The State will maintain the area between right-of-way lines or moral -type -sections, except where this rural -type section is afterwards coverted to a street -type section by the construction of curb and gutters and widening of pavement, in which case, the maintenance responsibility of the State will be only between the curbs, and the area between the back of curb'and property line will become the responsibility of the Cityv The City will maintain the area between the back of curb and property line on street - type sections including all sidewalks, driveways, and other facilities within this area, and storm sewers and appurtenances thereto that are constructed by the City. The City will maintain all traffic lights, and signal devices, and will sweep, flush and otherwise keep the project in a clean and sanitary condition. Maintenance work by the State shall be performed only as long as the project is the route of a State highway, and it is understood and agreed between the Parties hereto that all obligations of the State and the City as created herein shall terminate if and when the project is no longer the route of a State Highway. FUTURE STREET CROSSINGS It is understood and agreed between the parties hereto that the City will refrain on its part and will prohibit any third'party from carrying any present or future street across or into that part of this project hereinbefore designated as a Freeway except as may be shown on the sketch attached hereto and marked "Exhibit All. This provision shall not prevent the City from constructing such underpasses and overpasses in the future as may be necessary to relieve traffic when plans and specifications have been approved by the State. INDEMNIFICATION The City agrees to indemnify'the State against any and all damages and claims for damages to adjoining, abutting or other property for which the State is or may be liable arising out of, incident to or in any way connected with the installation, the construction, the existence, the use and/or maintenance of such project and does hereby agree to indemnify the State against any and all court costs, attorneyts 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 injuries arising out of the construction of such project. 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 any manner connected with the maintenance or use of the project, and the City will save the State harmless from any damages arising from said maintenance and/or use of said project, It is further understood and agreed between the parties hereto that the improvement and/or maintenance of the project by the State is for the sole purpose of providing the traveling 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, past or present, of any street project. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Lubbock on the 23rd day of December, 1954, and the State on the day of 19_,. CITY OF LUBBOCK ATTEST: /s/ Laven is Lowe Secretary -Treasurer of City of Lubbock RECOMMENDED FOR APPROVAL: District Engineer BY: /s/ Murrell R. Tripp Title - Murrell R. Tripp, Mayor THE STATE OF TEXAS Certif}.ed as being executed for the purpose and effect of activat- ing and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission. By: State Highway Engineer Engineer Manager DI OR �Idainmw Zpad J)esi= Chief engineer of Planning 34-13-391-638 54-13-391-639 Motion by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, Ordinance No. 1656 was passed on first reading. ORDINANCE NO. 1656 AN ORDINANCE AMENDING ORDINANCE 981, "THE PLUMBING CODE" BY ADDING THERETO CHAPTER 2, "ADMINISTRATION", SECTION 2-6--PLUMBING BOARD; CREATING A PLUMBING BOARD; PRESCRIBING THE QUALIFICATIONS OF MEMBERS,OF SAID BOARD; PRESCRIBING THE POWERS AND DUTIES OF THE BOARD AND CONTAINING A SAVINGS CLAUSE. . NOTICE OF ZONING HEARING NOTICE is hereby given to all interested persons as provided by law, that the City Commission will hold a public hearing on the 23rd day of December 1954, at 2r00 o'clock P.M. in the C#y Commission Room on the First Floor of the City Hall in Lubbock, Texas, to consider the recommendation of the Zoning and Planning Commission, at which time and place all interested persons will be given an opportunity to be heard, after which hearing the City Commission will determine whether the Zoning Ordinance will be amended in accordance with the recommendation of the Planning and Zoning Commission that (10) of Section XVI, Side Yard Regulations, of Zoning Ordinance No. 661 be amended to here- after provide as follows:: (SEAL) SECTION XVIr SIDE YARD REGULATIONS.- (10) On corner lots the side yard regulation shall be the same as for interior lots except in the case of reversed frontage when the corner lot faces an intersecting street,in which case there shall be a side yard on the street side equal to the front yard on the lots in the rears No accessory building on said corner lot shall project beyond the front yard line on the lots in the rear. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot facing an intersecting street, and of record on the 6th day of April, 1941, to less than twenty-eight (28) feet; nor to prohibit the erection of an accessory building where this regulation cannot reasonably be complied with. Provided further, however, that in cases where a public alley of a width not less than 15 feet separates the rear lot line of such corner lot with reversed frontage from the nearest lot line of the first lot or lots to the rear of such corner lot, then the width of the side yard for any structure or building on such corner lot with reversed frontage shall not be required to be of a greater width than 15 feet, except, the width of the side yard for all accessory buildings, placed within the required 20,E rear yard, including both attached and detached garages shall be restricted so as not to project beyond the front yard line of the lots to the rear. /s/ Lavenia Lowe Lavenia Lowe, City Secretary - Treasurer In accordance with the above notice, hearing was held in regard to amendment to Zoning Ordinance No. 661 - Section XVI, side yard regulations. No persons appeared to protest the amendment to the zoning ordinance. Mr. Hugh Anderson, also Mr. Lynn Andrews of the City Planning Department, appeared before the City Commission in support of the amend- ment. Whereupon, motion was made by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize the hearing to be closed and Ordinance No. 1657 to be passed on first reading to amend the zoning ordinance in accordance with the legal notice as set out above. ORDINANCE NO. 1657 AN ORDINANCE AMENDING (10) OF SECTION XVI, "SIDE YARD REGULATIONS" OF ZONING ORDINANCE NO. 661 TO PROVIDE THAT IN CASES WHERE A PUBLIC ALLEY OF A WIDTH OF NOT LESS THAN FIFTEEN (15) FEET SEPARATES THE REAR LOT LINE OF A CORNER LOT WITH REVERSED FRONTAGE FROM THE NEAREST LOT LINE OF THE FIRST LOT OR LOTS TO THE.REAR OF SUCH CORNER LOT, THEN THE WIDTH OF THE SIDE YARD OF SUCH CORNER LOT WITH REVERSED FRONTAGE SHALL NOT BE REQUIR- ED TO BE OF A GREATER WIDTH THAN FIFTEEN (15) FEET, EXCEPT, THAT ANY ACCESSORY BUILDING PLACED WITHIN THE REQUIRED TWENTY PER CENT (20%) REAR YARD SHALL REMAIN RESTRICTED SO AS NOT TO PROJECT BEYOND THE FRONT YARD LINE OF THE LOTS TO THE REAR; PROVIDING A PENALTY; CONTAINING A SAVINGS CLAUSE; AND AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE HEREOF. 54-13-391,640 MINUTE ORDER LUBBOCK COUNTY District No. 5. WHEREAS, in LUBBOCK COUNTY on U. S. Highway 87 in the City of extended from 3rd Street northeast to the north city limits section of present U. S. Highway 87, the City of Lubbock has the Department in the construction, maintenance and operatio system, and n Lubbock, along Avenue Q at or near the proposed inter - requested participation by of a street illumination WHEREAS, the City of Lubbock has accepted responsibilities for illumination of the re— mainder of the approved Lubbock Dispersal System in accordance with the Highway -Commission policy governing illumination ,and as supplemented by contractual agreements between the Highway Department and the City, and WHEREAS, the Avenue Q. extension from 3rd Street to the north city limits is the last section of the Dispersal/553M*to be placed under construction, the right of way has been acquired and the project designed to the standards of Expressway construction which establishes eligibility -of this section for consideration under the governing policy for participation by the State in the construction, maintenance and operation of an illumina— tion system. . NOW, THEREFORE, the State Highway Engineer is directed to tender the following proposal to the City of Lubbock for the illumination of this section cthighway. Provided the City will. 1. Participate in the construction, maintenance and operation of the street illumination system in accordance with the Highway Department's policy as outlined in Minute 28464, retaining its responsibilities for illumination on the remainder of the Dispersal Street System, 2. Execute the Department's standard municipal agreement forms for illumination which establish the mutual financial responsibilities and mechanics of operation as necessary to make effective the State's participa— tion policies. 3. Agree to take appropriate actions necessary to protect the Expressway characteristics of this project, restricting access to the through lanes except at points designated by the Highway Department. The Highway Department will: 1. Prepare plans for the design of the illumination system and receive bids and supervise construction of the illumination system, participating in construction, maintenance and operation costs as provided in Commission policy Minute 28464, and as further delineated in the State's standard municipal agreement forms, the State's participation in construction costs being estimated to be $30,000. 2. Proceed with receipt of bids for construction of grading, structures and surfacing on this section of highway as now planned, taking immediate steps thereafter to incorporate into the construction necessary conduits and incidental lighting accessories which should be made a part of the initial construction to avoid later damage or interference with the completed high— way facility. Construction of grading, structures and surfacing will be contingent upon the City executing the usual agreement covering this construction. This action of the Commission shall not become operative until accepted in full by the City of Lubbock, and if n6t accepted within 30 days hereof shall be automatically cancelled. Minute Number 37492 Date Passed Dec. 17 54 Motion by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Bakery Carpenter and Forrest voting Yea, none voting Nay, the following resolution was passed: R E S O L U T I O N THE STATE OF TEXAS COUNTY OF LUBBOCK Lubbock, Texas December 23, 1954 MOTION was made by Baker and seconded by Forrest that the City Commission of Lubbock agree to accept the provisions contained in Minute Order Number 37492 passed by the State Highway Commission on December 17, 1954, for the improvement by the Texas Highway Department of the streets described below: On U. S. Highway 87 in the City of Lubbock, along Avenue Q.,extended from 3rd Street Northeast to the North City Limits at or near the proposed inter- section of present U. S. Highway 87; VOTE ON THE MOTION was as follows: Mayor Tripp and Commissioners Baker, Carpenter and Forrest, WHEREUPON the motion was declared carried. THE STATE OF TEXAS COUNTY OF LUBBOCK () I, Lavenia Lowe, City Secretary of the City of Lubbock do hereby officially certify that the above and foregoing is a true and correct copy of a Resolution passed by the City Council of the City of Lubbock at a regular meeting held on December 23s 1954. /s/ Laveni.a Lowe City Secretary, City of Lubbock i J 54-13..393-641 MINUTE ORDER LUBBOCK COUNTY DISTRICT NO. 5, WHEREAS, in LUBBOCK COUNTY on U. S. HIGHWAY 84, the City of Lubbock has requested assistance in the widening of pavement including incidental items thereto on Avenue Q from 38th Street to 34th Street, a distance of approximately 0.25 miles; and WHEREAS, an analysis of the requested work indicates that such widening will materially add to traffic safety on this facility; NOW, THEREFORE, the State Highway Engineer is directed to tender the following proposal to the City of Lubbock. - Provided the City wills 1. Furnish all necessary right-of-way clear of obstructions and free of property damage and provide for the immediate construction of continuous curb and gutter, utility adjustments, storm sewers, etc., all as may be necessary for a complete project with the exception of pavement widening. 2. Assume responsibility for the construction of driveways and sidewalks should they be deemed necessary now or in the future. 3. Maintain that portion of the work which is igs construction responsibility and enter into agreements according to standard forms of the Highway Department to indemnify the State during and after construction against any and all liability or damage growing out of such construction, to regulate traffic, to prohibit -parking and to prevent encroachment on the right-of-way. The Texas Highway Department will; 1. Provide for widening pavement and its support within these limits at an estimated cost of $8,000.00. 2. Maintain that portion of the work which is its construction responsibility. It is understood that the responsibility of the Texas Highway Department is confined to the pavement and its support, and all other features necessary now or in the future to provide an adequate travel facility shall be the responsibility of the City of Lubbock. Upon acceptance of the provisions of this Order by the appropriate officials of the City of Lubbock, the State Highway Engineer is directed to proceed with the development of plans for construction and after the City has fulfilled its responsibilities proceed with construction in the most feasible and economical manner. This minute shall become operative upon acceptance by the City of Lubbock and if not accepted within 90 days hereof shil be automatically canceled. Minute Number 37493 Date Passed Dec 17 1954 Motion by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Cb mmissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, the following resolution was passed: R E S O L U T I O N THE STATE OF TEXAS COUNTY OF LUBBOCK LUBBOCK, TEXAS December 23, 1954 MOTION was made by Baker and seconded by Forrest that the City Commission of Lubbock agree to accept the provisions contained in Minute Order Number 37493 passed by the State Highway Commission on December 17, 1954, for the improvement by the Texas High- way Department of the streets described below: On U. S. Highway 84, in the.City of Lubbock, widening of pavement including incidental items thereto on Avenue Q from 38th Street to 34th Street, a distance of approximately 0.25 miles; VOTE ON TIE MOTION was as follows: Mayor Tripp and Commissioners Baker, Carpenter and Forrest WHEREUPON the motion was declared carried. THE STATE CF TEXAS COUNTY OF LUBBOCK I, Lavenia Lowe, City Secretary of the City of Lubbock, do hereby officially certify that the above and foregoing is a true and correct copy of a Resolution passed by the City Council of the City of Lubbock, at a regular meeting held on December 23, 1954. /s/ Lavenia Lowe City Secretary, City of Lubbock 54-13 394-642 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, the following resolution was passed: .RES0LUT10N G.W.O. 1010 A RESOLUTION PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF THE FRONTAGE ROADS OR ACCESS ROADS WITH CONCRETE CURB AND GUTTER ALONG AVENUE Q NORTH DRIVE IN THE CITY OF LUBBOCK, TEXAS AND DIRECTING THE 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. the frontage roads or access roads along Avenue Q North Drive in the City of Lubbock, be improved as herein provided, to -wit: Frontage Road or Access Road along the West Side of Avenue Q North Drive from its intersection with the Panhandle and Santa Fe Railway Company right-of-way approximately ninety (90) feet north of the North Property Line of lst Street in a northerly direction to its intersection with an imaginary line approximately three hundred eighty five (385) feet north of the North Property Line of Baylor Street, known and designated as Unit Number 1666. Frontage Road or Access Road along the East Side of Avenue Q North Drive from its intersection with the three-way junction of the East Property Line of North Avenue P with the South Property Line of North Avenue 0 and with the South Property Line of Baylor Street in a northeasterly direction to its intersection with the South Gutter Line of North Avenue N, Known and designated as Unit Number 1667. Frontage Road or Access Road on the West side of Avenue Q North Drive from its intersection with the North Alley Line of the alley between Erskine Street and Fordham Street in a northeasterly direction to its intersection with the South Gutter Line of Kemper Street, known and designated as Unit Number 1668. Frontage Road or Access Road on the East side of Avenue Q North Drive from its intersection with the North Curb Line of Erskine Street in a Northeasterly direction to its intersection with the South Gutter Line of Jarvis Street, known and designated as Unit Number 1669. II. Said portions of the frontage roads or access roads along said Avenue Q North Drive shall be improved by raising, grading and filling same, by installing concrete curb and gutters, by installing storm sewers and drains where neces--ary, by installing compacted caliche base, and by surfacing with a hot mix asphaltic concrete surface. The improve- ments to be provided for herein consist only of the outermost curb and gutter of said access orfrontage roads. III. The City Engineer is hereby directed to prepare plans and specifications for said outermost curb and gutter portion of such improvements. IV . Such curb and gutter in each unit shall be paid for in the following manner: (a) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing the curb and gutter abutting such respective property pro- vided that if it shall appear at the hearing to be had before final assessment is made that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits (b) The remaining cost of said curb and gutter improvements, after deducting the sums finally assessed and against abutting property and the owners thereof under sub- paragraph (a) above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in three equal installments; the first of which shall become due on or before,10 days after completion and acceptance of the curb and gutter improvements in the unit on which the property abuts, by the City Commission, and shall bear interest from the date of completion and acceptance until paid, at the rate of six percent per annum, payable annually, with provisions that if default be made in the payment ofany installment promptly as the same matures; then at the option of the holder of such assess- ment or certificate issued in evidence thereof, such default shall mature the entire assessment 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 attorneyls fees and costs of collection, if incurred, all under and in accordance with the Charter, and amendments thereto, now in force in this City, and in accordance with the provisions of Article 1105 B Revised Civil Statutes of Texas as amended by Chapter 281 Acts of the 52nd Legislature. VII. This Resolution shall take effect and be in force from and after its passage. PASSED AND AFPROVED THIS 23RD DAY OF DECEMBER, 1954. /s/ Murrell R. Tripp Murrell R. Tripp, Mayor ATTEST. /s/ Lavenia Lowe Lavenia Lowe, City Secretary APPROVED. /s/ W. B. Holmes W. B. Holmes, City Engineer APPROVED: /s/ Vaughn E. Wilson Vaughn E. Wilson, City Attorney 54-13-395-643 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, and Forrest voting Yea, none voting Nay, the following resolution was passed: G.W.O. 1023 R E S O L U T I O N 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 existing that the following portions of streets, highways, avenues and/or alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: Wj Cherry Avenue Nt E. 2nd Street E. 2nd Street Ej Nashville Avenue Nashville Avenue NPL E. 4th Street WPL Fig Avenue W.Pay.L, Guava Avenue N.Line of alley South of 36th Street South line of alley North of 39t h Street on the west side of Nashville Avenue II. SPL E. 3rd Place WPL Cherry Avenue WPL Fig Avenue South Line of alley North of 39th Street on West side of Nashville Avenue NPL 40th Street Said portions of streets, highways, avenues and/or alleys shall be improved by raising,grading and fil:iing same, by installing concrete curb 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 unit shall be paid for in the following manner: (a) Railways and street 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 assessed for all the costs of c3onstructing curb and gutter in front of such respective property and a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, provided that such part of the costs assessed to the abutting property or owners thereof shall not exceed 90% of the cost of the improve- ments plus the cost of the curb and gutter, and further provided that if it shall appear at the hearing to be had before final assessment is made that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and 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 and street railways under sub -paragraph (a) hereof, and against abutting property and the owners thereof under sub -paragraph (b) above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paid on estimates or statements on or before ten days after acceptance of the improvements in the unit in which the railway lies, by the City Commission and shall bear interest from date due and until paid at the rate of 6% per annum. The amounts assessed against and to be paid by the abutting property and the ovaiers thereof shall be payable in three equal install- ments; the first of which shall become due on or before 10 days after completion and acceptance of the improvements in the 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 the unit upon which the property abuts, by the City Commission, and shall bear interest from the date of completion and acceptance until paid, at the rate of six percent per annum, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures; then at the option of the holder of such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment 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 costs of collection, if incurred, all under and in accordance with the Charter, and amendments thereto, now in force in this City, and in accordance with the provisions of Article-3105 B Revised Civil Statutes of Texas as amended by Chapter 281 Acts of the 52nd Legislature, VII. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 23RD DAY OF December, 1954. /s/ Murrell R. Tripp Mayor ATTEST: /s/ Lavenia Lowe City Secretary, Laveni.a. Lowe APPROVED: /s/ W. B. Holmes W. B. Holmes, City Engineer APPROVED: /s / Vaughn E. Wilson Vaughn E. Wilson, City Attorney 4 13-39&&.14 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, the following resolution was passed: GWO 1023 R E S O L U T I O N A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS AND DIRECTING AIV ERTISEMEN T FOR BIDS. WHEREAS, the City Commission on December 9, 1954 and on December 23, 1954, passed resolutions providing for the improvements of a portion of streets, highways, avenues and/or alleys in the City of Lubbock, Texas, and along the boundaries of said city, to be done under General Work Order No. 1023, and directing preparation of plans and specifications covering the streets, highways, avenues and/or alleys as named in said resolutions, and, WHEREAS, the City Engineer has prepared and filed with the City plans and specifica- tions for such improvements, and same have been examined; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS: THAT, the plans and specifications submitted by the City Engineer covering improve- ments contemplated by said resolution, BE, and the same are hereby approved and the Mayor and City Secretary are hereby authorized and directed to advertise for bids in accordance with the "Notice to Bidders" made a part of said specifications covering the quantities of materials needed for said paving program as therein set out. AND IT IS SO ORDERED. PASSED AND APPROVED THIS the 23rd day of December, 1954. ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary APPROVED: /s/ W. B. Holmes W. B. Holmes, City Engineer APPROVED: Vaughn E. Wilson, /s/ Vaughn E. Wilson, City Attorney NOTICE TO BIDDERS /s/ Murrell R. Tripp Murrell R. Tripp, Mayor Sealed proposals addressed to the Honorable Mayor and City Commission of Lubbock, Texas, Attention Mr. W. B. Holmes, Director of Public Works, Lubbock, Texas, will be received at the office of Mr. Steve Matthews, City Manager, until 2:00 P.M:; January 27, 1955, for the construction of grading, drainage, concrete curb and gutter,caliche base and asphalt surface treatment on certain streets, and for the construction of grading, drainage and concrete paving on one alley in the City of Lubbock ox/along the boundary thereof as hereinafter specifically designated. As soon as possible after receiving the bids they will be considered and the successful bidder notified. Prices in the Proposal shall be made on the basis of unit measurement for each of the items in the Proposal. The approximate quantities are as follows: Subgrade preparation, 167,700 square yards; O:)ncrete curb and gutter or gutter, 80,940 linear feet; Pavement (includes base and surface), 143,750 square yards; Concrete valley ---- gutters, 72 square yards; Concrete pavement in alleys and alley returns, 2010 square yards; Subgrade preparation in alleys, 610 square yards. Bidder must submit cashier's or certified check issued by a bank satisfactory to the Owner, or a Bidder's Bond from a reliable Surety Company, payable without recourse to the order of the City of Lubbock in an amount not less than five (5%) per cent of the largest possible bid submitted as a guarantee that Bidder will enter into contract and execute bond and guaranty in the forms provided within the ten (10) days after notice of award to him. Bids without regzired check or proposal Bond will not be considered. The successful Bidder must furnish performance bond on the attached form in the amount of one hundred (100) per cent of the total contract price from a Surety Company holding a permit from the State of Texas to act as Surety,9 or other Surety. or Sureties acceptable to the Owner. The City reserves the right to reject any or all bids, to waive formalities, to accept the bid which seems most advantageous to the City's interest. Bidders are expected to inspect the site of the work and to inform themselves regarding all local conditions. Attention is called to the provisions of the Acts of the 43rd Legislature of the State of Texas, page 91, Chapter 45, (Article No. 5159A Civil Statutes 1925) covering the wage scale and payment of prevailing rates of wages as established by the Owre r. Said scale of prevailing rates of wages is set forth as follows: Mechanic, Workman, General Prevailing per General Prevailing .or type of Laborer diem Wage based on $ Hourly Rate hour working day Air Compressor Operator $ 10.00 $ 1.25 .Air Tool Operator 8.80 1.10 Asphalt Plant Fireman 10.00 1.25 Blade Grader Operator 10.00 1.25 Crane Operator 12:00 1.50 Crusher Operator 12.00 1.50 Distributor Driver 9.20 1.15 Distributor Operator 10.80 105 Dozer Operator 12.00 1.50 Dragline Operator 12,00 1.50 Form Setter, Master 11,60 1.45 Labor, Common 8.00 1.00 Loader Operator 8:80 1.25 Master Finisher 11:10 1.45 Mechanic 10.00 1.'25 Motor Patrol Operator 120'00 10'50 Powderman 1~0.00 1.25 Power Shovel Operator 12.00 1:50 Roller Operator 9.20 1:15 Scraper Operator 12.00 1.50 Spreader Box Operator 10.00 10'25 - Tractor Operator 8.80 10,10 Truck Driver, over 1i tons 10.00 1025 Truck Driver, under 1 tons 8.00 10,00 Water Boy 6.00 0.75 Watchman 6.00 0.75 Welder 10.80 1.35 l •Information for bidders, proposal forms, plans and specifications are on file at the office of the City Engineer, at the City Hall, Lubbock, Texas, and may be procured upon a deposit of $10.00 as a guarantee of safe return of the plans and specifica- tions. The full amount of this deposit will be returned to each bidder immediately upon return of the plans and specifications in good condition. No refund on contract document and plans returned later than ten (10) days after the date of receiving bids will be obligatory. Additional sets of plans may be obtained at theoost of duplication. The bidders attention is called to the fact that he will not be paid in cash by the City of Lubbock for the work performed on street improvements under the terms of this contract, except for the City's share minus 5% for Engineering, and except for certain property owner portions now held in escrow by the City of Lubbock, but will accept with- out recourse, assessment certificates payable in 3 equal payments (See Information for Bidders) and will be entirely responsible for the collection of the property owner assess- ments. (See Information for Bidders). No bid may be withdrawn after the schedule closing for receiving of bids for at least thirty (30) days. ATTEST /s/ Lavenia Lowe Lavenia Lowe, City Secretary City of Lubbock, Ten s Owner By: /s/ Murrell R. Tripp Murrell R. Tripp, Mayor Bids as follows were read for purchase of 12 cars of 401 poles for use by Electric Department, being Bid No. 782. BID NO. 782 POLES Close December 17, 1954 Texas Tie Neal Duke Kennedy Conroe Westing- & Timber Lbr. Sales Saw Mills Creosoting Co. house 2 Cars as per attached specifics- "silver- SPL American ions creosoted - Class 4 - 40t poles proof" 34.20 27.68 No Bid 28.03 or 32.86 ea. 2 cars as per attached specifica- SPL ions for Pentachlorophenol solution 34.20 2 8.03 I rilling Instructions will be given hen Purchase Order is written. ae Car to be shipped each month of 955 beginning with car not later han January 15. MMS Net 30 Net 30 Net 30 Net .O.B. Lubbock Lubbock Lubbock Lubbock UCING Firm Firm Firm Firm LIVERY Prompt As requested As stated As required Frost Lbr. Graybar Long Bell B. M. General Electric Standard Wm.Somerville Industries Electric Co. Lumber Com pang McKnight Supply Company Wood Preservws & Son 27.57 Int. L-B 8# 28.110 Joslyn 28.32 28,90 31.85 30.45 .433 27.$5 27.677 30.45 28.32 28,90 RMS Nst 30 Net Net 30 As shown Net 30 Net 30 Net 30 O.B. Lubbock Lubbock Lubbock Delivered Lubbock Cars Lubbock Lubbock :ICING Firm Firm Firm Firm Firm Jan. 1, 1955 Firm LIVERY As required As required As specified As specified As speci- fied • After consideration of all bids, motion was made by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize acceptance of the bid of Standard Wood Preservers Company, for purchase of the Pentachlorophenol treated post, on their bid • of $28.32 per pole. -13-398-646 • Bids as follows were read for purchase of approximately 100,000 gallons of Disel fuel oil for use at Electric Plant No. 1 and 2 for a period of one year, being Bid No. 784. DIESEL FUEL OIL, BID #794, Close December 21, 1954 Olenbusch Gulf Oil Continental Dryer Lee Ince Oil The Texas Magnolia Oil Co. Corp. Oil Company Oil Co. Company Company Petroleum 100,000 Gallons of fuel oil for a period of one Col -Tex (1) year beginning .105 January 15, 1955 thru January 15, 1956 Requirements are for 100,000 gallons more or less for one grade of oil suitable for diesel fuel and boiler furnace oil to conform to follow- ing specifications. .1077 .1075 .11 10,77 0.00 10,750.00 .975 .08875 9,750.00 Plus freight '0116 .10035 Freight would bring current price to .10 gal. delivered .1152 TERMS Net loth Net 30 1%-10 days 1%-10 days 2%-10th Net None F.O.B. Lubbock Delivered Delivered Lubbock delivered Amarillo Delivered Texas i PRICING North Platys Oil- Price in Firm Firm In effect Price in Texas low gram on orders effect on at time of effect date after 30 days orders delivery of delivery after Jan.20 DELIVERY As needed As needed As needed As needed As needed As needed As needed After consideration of all bids, motion was made by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpeter and -Forrest voting Yea, none voting Nay, to authorize acceptance of the bid of Ince Oil Company for purchase of this fuel oil. The Mayor being hereby authorized to enter into contract for a period beginning January 15, 1955 through January 15, 1956, 54-13-399-647 Mr. Earl M. Stephenson appeared before the City Commission requesting that the City waive the interest payment on paving assessments levied against his property being Lot 24, Block 33, Overton Addition in the City of Lubbock, Texas, paving being located on Avenue S between 4th and 5th Streets. This paving was constructed by Warren and Purtell Inc., contractors, and completed and accepted by the City on July 9, 1953, said paving certificate having been later purchased by the City of Lubbock from Warren and Purtell. Mr. Stephenson stated that this property is his homestead and that he did not sign a mechanic's lien because he did not have the money to pay for the paving. Mr. Stephenson also stated to the Commission that he does not have the money to pay the paving, in the amount of $543.82, at this time. The City Commission advised Mr. Stephenson that the interest on the paving principal can not be waived at this time, but suggested that Nr. Stephenson appear before the City Commission at the time he is in a position to pay the principal on this paving and the matter of the interest being waived will be considered by the City Cbmmission at that time. 54-13-399-648 The City Commission, in their meeting of December 9, 1954, minutes of record at page 368-G through 368-J of Minute Book 13, in their consideration of bid No. 751 for purchase of miscellaneous electric hardware, authorized acceptance of the bid of C. B. Anderson Company for purchase of Items 2, 3 and 7. On this date, December 23, 1954, the City Commission reconsidered the award of Items 2, 3 and 7 of Bid No. 751 and motion was made by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize award for purchase of Items 2, 3 and 7 to be made as follows, instead of to C. B. Anderson Company; Item 2 to be purchased from Abbott's Yeter Laboratory; Item 3 to be purchased from Westinghouse Supply Company; Item 7 to be purchased from Nelson Electric Supply Company. The reason for the change in the award was because of C. B. Anderson Company making errors in their tabulation on items No. 3 and 7. 54-13-99-6 9 The City Commission in their meeting of December 9, 1954, minutes of record at page 368-0through 368-Q, Minute Book 13, authorized acceptance of the,bid of C. B. Anderson Company for purchase of 2,000 pounds No. 4 MHD solid copper wire, being Item No. 1 of Bid No. 753. On this date, December 23, 1954, motion was made by Commissioner Baker.* seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker Carpenter and Forrest voting Yea, none voting Nay, to authorize this purchase to be made from Abbott's Neter Laboratory instead of from C. B. Anderson Company. The reason for the change in the award being that C. B. Anderson Company made an error in their tabulation in quoting for material under Bid No. 753, awarded December 93, 1954, and refused to furnish the materials for the amounts quoted. i4-13-400-650 There was discussion of oral proposal of Cities Service Oil Company to exchange certain land with the City of Lubbock. After discussion of the properties abutting the proposed 4th--Street right-of-way underpass near the -present intersection of 4th Street and Avenue "JN, it was agreed'by the'City Commission that the proposal of the Cities Service Oil Company will be approved when submitted in writing to the City Commission if it has the following provisions: (1) 'Release the•City of Lubbock from all past and future claims for damages by reason of the construction of the 4th Street right-og-way improvements. (2) All cost of moving of any Cities Service Oil Company existing equipment re- quired moved from the Right-of-way in the vicinity of 4th Street and Avenue J to be borne by the Cities Service Company, the City of Lubbock to, in no event, be required j to pay any of the expenses for moving said equipment. (3) Exchange the 24061.66 square feet of land now owned by the City of Lubbock at the Southeast corner of North Avenue Q and Auburn Avenue, which property is in excess of that required for Avenue Q NE right-of-way improvements, for that portion'of Block 7, Acuff Heights Addition, which is now owned by the Cities Service Oil Company. (4) It being hereby understood that the Cities Service Oil Company will pay for,the properties curb and gutter for paving assessed against the property which is required for the proposed frontage road on Northeast -Avenue "Q". f No further business coming up for consideration, the City Commission recessed to - meet December 29, 1954, at 10:00 A.M. Read and approved, this the 27th day of January, 1955. A4;11,,j,Y1Y1 JaJA A L enia Lower, City Secretary -Treasurer