Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 5/11/1961 (4)148 MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUN- DARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, CITY COMMISSION RECESSED FROM REGULAR MEETING, APRIL 27, 1961. Passed and apprtved this 11THday of May , 1961. ATTE . enia Lowe, C'ty Secretary, Treas. La REGULAR MEETING: The City Commission of the City of place in the Assembly Room of the thereof being present, to -wit: David C. C sey Mayor May 11, 1961 Lubbock, Texas Lubbock, Texas, met at 9:30 o'clock A.M. in the regular meeting Central Fire Station located at 503 Avenue K, the following members Mayor David C. Casey and Commissioners Otis Maner, W. C. O'Mara, Vernon Thompson and frank H. Chappell, Jr., City Attorney Fred 0. Senter, City Manager H. EClifton, Assistant City Manager Fritz Lanham, City Secretary -Treasurer Lavenia Lowe. ABsent: None 61-20-148-388 Invocation was given by City Manager H. P. Clifton 61-20-148-389 Motion by Commissioner Maner, seconded by Commissioner Chappell, motion carried, Mayor Casey and Com- missioners Maner, 0'14ara, Chappell and Thompson, voting Yea, none voting :gay, to approve Minutes of Regular Commission Meeting held April 27, 1961, Recessed RJ'gular Meeting held April 25, 1961; Recessed Regular Meeting held April 26, 1961. 61-20-148-390 Motion by Commissioner O'Mara, seconded by Commissioner Chappell, motion carried, Mayor Casey and Com- missioners Maner, O'Mara, Chappell and Thompson voting Yea, none voting Nay, thRt Ordinance No. 3461 be passed on third and final reading. GWO 10,199 ORDINANCE NO. 3461 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING A PORTION OF SLIDE ROAD FROM 4TH STREET TO CENTER LINE OF 911 STREET, SUCH PORTIONS BEING MORE PARTICULARLY DES- CRIBEDIN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, AROCATING FUNDS. WHEREAS, the City Engineer prepared rolls or statements for the improvements in each unit, showing the amounts to be assessed against the various parcels of abutting property, and the owners thereof, and showing other matters and things; and the same were examined by the City Commission and approved, and a time and place was fixed for hearing to the owners of such abutting property, and to all others in anywise interested, and due and proper notice was given in compliance with law and in addition notices were mailed to each known property owner to be assessed addressed to his last known address, and such hearing was had and held at the time and place fixed therefor, to -wit: on the 13th day of April, 1961, at 2:00 o'clock P.M. in the Commission Room in the City of Lubbock, Texas, and at such hearing all desiring to be heard were fully and fairly heard, and evidence was received and considered and all protests and objections made were considered, and said hearing was in all respects held in the manner provided and required by the charter and law in force in this City and by the proceedings of the City with reference to such matters, and the following protests were made concerning the improvements in the units indicated namely; NONE And all objections and protests made were fully considered and said hearing was continued from day to day and from time to time until this date, and the City Commission having fully and fairly heard all parties making any protest and all parties desiring to be heard, and having fully considered all matters presented for consideration, and having fully considered all of the evidence, and all pertinent and proper matters is of opinion that the followin •disposition should be made of such protests and objections, and that assessmerts should be made as herein ordained, TH MRE 0 C I BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: 61-20-148-391 Motion by Commissioner Thompson, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Com- missioners Maner, O'Mara, Chappell and Thompson voting Yea, none voting Nay, that Ordinance No. 3463 be passed on second and final reading. 149 r r r 0. r THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN R-3" ZONING DISTRIST. (SAID PROPERTY BEING LOCATED ON THE NORTH SIDE OF 29TH PLACE IN THE 1500 BLOCK): SUBJECT TO THE FOLllNING CONDITION: 1. THAT ONE PAVED OFF-STREET PARKING SPACE BE PROVIDED FOR EACH DWELLING UNIT PROPOSED IN THF/APARTMENT, PROECT. ji 61-20-149-392 Motion by Commissioner Thompson, sacoaded by Commissioner O'Mara, motion carried, Mayor Casey and Com- missioners Maner, 0"Mara, Thompson and Chappell voting Yea, none voti Nay, that Ordinance No. 3464 be passed on second and final reading. ORDINANCE NO. 3464 AN ORDINANCE AMENDING 'CONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLL014ING CHANGE: ZONE CASE NO. 910 : CHANGE CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF 49TH STREET IN THE 3400 BLOCK FROM AN "R-l" TO AN "R-2 ZONING DISTRICT. 61-20-149-393 Motion by Comissioner O'Mara, seconded by Commissioner Maner, motion carried, Mayor Casey and Com- missioLters Maner, O'Mara, Thompson, and Chappell voting Yea, none voting Nay, that Ordinance No. 3465 be passed on second and .final reading. ORDINANCE NO. 3465 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 914. CHANGE LOT 20, BLOCK 13, O'NEAL TERRACE ANNEX, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO A "C4ZONING DISTRICT. (SAID PROPERTY BEING LOCATED ON THE NORTH SIDE OF 28TH STREET IN THE 1700 BLOCK); SUBJECT TO CONDITIONS. 61-20-149-394 Motion by Commissioner O'Mara, seconded by Commissioner Chappell, motion carried, Mayor Casey and Com- missioners Maner, O'Mara, Chappell and Thompson voting Yea, none voting Nay, that Ordinance No. 3470 be passed on second reading. GWO 2660 ORDINANCE NO. 3470 AN ORDINANCE CLOSING HEARlU AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING A PORTION jI OF NUTMEG AVENUE, AVENUE T, PEORIA AVENUE, 35TH STREET, BATES STREET, CORNELL STREET, DUKE STREH,DART- MOUTH STREET, DETROIT AVENUE, AVENUE X, TEXAS AVENUE, 2ND PLACE, ELGIN AVENUE, TEMPLE AVENUE, EAST 8T1. _ STREET, BEECH AVENUE, BOSTON AVENUE, EAST 13TH STREET, REDBUD AVENUE, EAST 7TH STREET, PINE AVENUE, VANDA AVENUE, MK AVENUE, UTE AVENUE, WALNUT AVENUE, NCR TH CANTON AVENUE, YUCCA AVENUE, EAST 9TH STREET, 45TH STREET, AVENUE J, 43RD STREET, 42ND STREET, RALEIGH AVENE, TOLEDO AVENUE, 49TH STREET, JOLIET AVENUE, KNOXVILLE, AVENUE, 34TH STROT, 21ST STREET, JUNEAU AVENUE, KEWANEE AVENUE, 16TH STREET, 3RD STREET, FLINT AVENUE, 2ND STREET, AVENUE L, 19T STREET, SHERMAN AVENUE, 36TH STREET, AVENUE G, AVENUE F11 58TH STREET, MEMPHIS AVENUE, 54TH STREET, UTICA AVENUE, ERSKINE STREET, ZENITH AVENUE, EAST 4TH STREET,11 EAST BROADWAY, EAST 37TH STREET, RAILROAD AVENUE, WEBER AVENUE, EAST 38TH STREET, AVENUE P, AVNUE L, INDIANA AVENUE, GUAVA AVENUE, 66TH STREET, GLOBE AVENUE , AND 61ST STREET, SUCH PORTIONS BEING 14Q2E PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENS OF THE CITY OF LUBBOCK AMCHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGIR4AYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. 61-20-149-395 Motion by Commissioner Maner, seconded by Commissioner Chappell, motion carried, Mayor Casey and Commissioners Maner, O'Mara, Chappell and Thompson voting Yea, none voting Nay, that Ordinance NO. 3472 be passed on second -reading. GWO 2668 ORDINANCE NO. 3472 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING A PORTION OF BLOCK 4, ROBERSON ADDITION, BLOCK 7, ZUNI PARK ADDITION, BLOCK?2, MCAFEE HEIGHTS, BLOCK 3, TAYLOR HEIGHTS, N. OF LOTS 8 THRU 13, BLOCK 2, TAYLOR HEIGHTS, BLOK 4, WESTMINISTER HEIGHTS, BLOCK 1, WESTMNISTER HEGHTS, BLOCK 12, COLLEGE VEIW ADDITION, BL(BC 9, SUMMER HILL ADDITION, BLOCK 17, MCCRUMMENS SECOND ADDITION N. OF LOTS 23 THRU 26, BL(E( 14, MCCRUMMENS SECOND ADDITION N. OF LOTS 23 THRU 26, WEST OF LOTS 1 THRU 10, KN-IGHT SUBDIVISION, BLOCK 4, OVERTON ADDITION, WEST OF LOTS 6,7,8,9,10,11,12 IN BLOCK 223, ORIGINAL TOWN, BLOCK 48, MCCRUMMENS SECOND ADDITION, BLOCK 50, MCCRUMMENS SECOND ADDITION, BLOCK 79, OVERTON ADDITION, N. OF LOTS 13,14,15, OF BLOCK 5, ELLWOOD PLACE ADDITION, ADJACENT TO LOTS 5 AND 6 OF BLOCK 7 ELLWOOD PLACE ADDITION, BLOCK 103, OVERTON ADDITION N. OF LOTS 15 THRU 24, BLOCK 102, OVERTON ADDITION, BLOM 101, OVERTON ADDITION, BLOCK 100, OVERTON ADDITION, BLOCK 113, OVERTON ADDITION, SOUTH ONE-HALF OF BLOCK 1, BLAKE SUBDIVISION, N. OF LOTS l AND 2, ARROW RESUB, ADJACENT TO LQ$ 19, 21, BLOCK 3, ROBERTS AND MCWHORTER ADDITION, ADJACENT TO LOT 1, BLOCK 6, ROBERTS AND MCWHORTER ADDITION, BLOCK 13, MAYFIELD SUBDIVISION, EAST OF LOTS 45 'THRU 48, WEST OF BLOCK 127, ORIGINAL TOWN, BLOCK 144, ORIGINAL TOWN, EAST OF LOTS 1 THRU 4, BLOCK 140RIGINAL TOWN, SOUTH OF LOT 17, BLOCK 1, EDWARDS ADDITION, NORTH OF LOTS 11 AND 12, BLOCK 70, ORIGINAL TOWN, BLOCK 22, ORIGmp OWN, BLOCK 8, ZUNI PARK, BLOCK 1, ELLWOOD PLACE BLOCK 1, SOUTHWELL PLACE, J.R. RICE SUBDIVISION, E/BLOCK 19, OVERTON ADDITION, W OF DIXIE LAND ADDITION, LOTS 18 THRU 24, BLOCK 10 SUMMER HILL ADDITION, BLOCK 5, FLYNN PLACE ADDITION, W. , OF BLOCK 1, ORIGINAL TOWN, BLOCK 199, ORIGINAL TOWN, BLOCK 49, OVERTON ADDITICI. SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MAKE A PART HEREOF AND PORTIONS OF OTHER SUNDRY ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNIJAS OF S.,-,ID CITY AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. 61-20-149-396 Motion by Commissioner Chappell, seconded by Commissioner Maner, motion carried, Mayor Casey and Com- missioners Maner, O'Mara, Chappell and ThmpsGn voting Yea, none voting Nal that Ordinance No. 3469 be passed on second and final reading. ORDINANCE NO. 3469 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF FOURTH STREET BETWEEN VANDA AVENUE AND WALNUT AVENUE AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE: AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SAID PORTION OF FORTH STREET AS AFORESAID. T cyll(� � � M AY 1 11961 61-20-150-397 Motion by Commissioner Maner, seconded by Commissioner Chappell, motion carried, MayorCasey and Com- missioners Maner, O'Mara, Chappell and Thompson. voting Yea, none voting Nay, that Ordinance NO. 3473 be passed as an emergency measure. ORDINANCE NO. 3473 AN ORDINANCE AMENDING THE FIRE ZONING MAP OF THE CITY OF LUBBOCK SO AS TO PLACE PROPERTY CHANGED IN ZONING CLASSIFICATION (ZONE CASE NO. 914) IN FIRE ZONE NO. 2: AND DECLARING AN EMERGENCY AND EFFECTIVE DATE OF THIS ORDINANCE. 61-20-150-398 LEGAL NOTICE OF PROPOSED AMENDMENT TO ZONING ORDINANCE OF THE CITY OF LUBBOCK, TEXAS TO ALL INTERESTED PERSONS NOTICE is hereby given that the Planning and Zoning commission of the City of Lubbock, Texas, has recommended that Ordinance No. 1695, being an appendix to the Code of the City of Lubbock, be amended so that: Subsection 1.2-3 be added to Subsection 74 2, which shall read as follows: "10.2-3 Auto Laundry." The City Comnssion will hold a public hearing on May 11, 1961, at 10:00 o'clock A.M., in the City Commission Room on the first floor of the City Hall in Lubbock, Texas, to consider the recommendation of the Planning and Zoning Commission to amend said subdivision of Ordinance No. 1695, being an appendix to the City Code of Lubbock, in the manner hereinabove set forth, and further to consider an ordinance so amending such zoning ordinance; at which time and place all interested persons will be given an opporUnity to protest against the proposed amendment of said subdivision of Ordinance No. 1695, or to make recommendations in support thereo.:. After said hearing, the City Commission will determine whether the zoning ordinance will be amended in accordance with such recommendation. /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer SEE MOTION ON PAGE 151. In accordance with the above Notice o' Zoning Hearing, hearing was hetd on Zone Case No. 918-request of the Planning and Zoning Commission to change property located on the west side of Avenue A in the vicinity of 40th Street, from "R-2" to a "C-4" zoning district. Mr. Bob Burr, Director of Planning and Zoning, appeared in support of this zone change and no persons appeared to protest. After consideration, motion was made by Commissioner Maner, seconded by Commissioner Thompson, notion carried., Mayor Casey and Commissioners Maner, O'Mara, Chappell and Thompson voting Yea, none voting i�ay, that Ordinance No. 3477 be 1.assed on first reading. SEE NOTICE OF ZONING HEARING ON PAGE 151. ORDINANCE NO. 3477 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 918: CHANGE CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF 2AVENUE A IN THE VICINITY OF 40TH STREET FROM AN "R-2" TO A "C-4" ZONING DISTRICT. 61-20-150-39) NOTICE OF ZONING HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to•and to all other interested persons as provided by law, that the City Commission will hold a public hearing on the llth day of Mom, 1961, at 10:00 o'clock A.M., in the Assembly Room of the Central Fire Station Building, located at 503 Avenue K, in Lubbock, Texas, to consider the recommendations of the Zoning and Planning Commission that the zoning district of the property herein described be not changed; and atNhich time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Cormission will determine whether or not the Zoning Ordinance and map shall be amended. ZONE CASE NO. 912 - Request of Floyd Halbert to change Lots 9 and 10 and the east one-half of Lot 8, Halbert Addition to the City of Lubbock, Lubbock County, Teas, from an "R-2" to a "C-4" zoning district. (Said property being located on the south side of 48th Street in the 1700 Block.) The Planning and Zoning Commission recommended to the City Commission that this request be NOT GRANTED. A ZONE CASE NO. 916 -Request of Edward W-, Napier (For Lubbock Baptist Association and John J. Jones ' (for Lubbock Parkway Development Company) to change Lots 283 through 290 inclusive, Wilshire Park Addition to the City o f Lubbock, Lubbock County, Texas, from an "r-3'' to a "C-3" zoning district, and to change the following described property, to-vit: A five acre tract out of the southeast one -quarter of Section 2, Block A, Lubbock County, Texas, described as folbws: BEGINNING at a l" iron pipe in the south right-of-way line of the 4th Street Freeway, and in the center (f Cherry Avenue; and 2115 feet north and 1320 feet west of the southeast corner of Section 2, Block A, the northeast and beginning cornex of this tract; THENCE west along said south -right-of-way line, 21.7 feet to a point, the beginning of a 30ll'curve to left in said south right-of-way Line, which has a radius of 1800.8 feet; THENCE southwesterly, along the said curve in said south right-of-way line, at 3.3 feet past a concrete right -of --way marker in the west line of Cherry Avenue; at 255.69 feet to a 1"iron pipe, 151 - - .- A THENCE east 276.75 feet to a 1" iron pipe set in the pavement+at the intersection of the center line of Cherry Avenue and the center line of 2nd Street, and the southeast corner of tks tract; 11 r f� r r rl 61-20-151-400 61-20-151-401 THENCE north along the center line of Cherry Avenue, 795 feet to the lace of be u p ginning, SAVE AND EXCEPT the south 152.5 feet, --rom an "R-1- to a "C-3" zoning district. (Said property being located on the south side o,. Parkway Drive between Beech and Cherry Avenues). The Planning and Zoning Commission recommended to the City Comiission that this request be NOT GRANTED. ZONE CASE NO. 917-Request of Baling' and Griffith (for A. C. Hull and ,Joy Riddle) to change Lots 21 and 22, Block 19, Ellwood Place Addition to the City of Lubbock, Lubbock County, Texas, from an "R-3" to a ''C-2" zoning district. (Said property being located at the northwest corner of the intersection of College Avanue and 23rd Street). The Planning and Zoning Commissio 'ecommended he City Commission that this request be NOT GRAND. 4«!U Lavenia Lowe, City Secretary-Treas. In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 912-request of Floyd Halbert to change Lots 9 and 10 and the east one-half of Lot 8, Halbert Addition to the City of Lubbock from an "R-2" to a "C-4" zoning district. (Said property being located on the south side of 28th Street in the 1700 Block). Floyd Halbert and Mrs.Gafford appeared in support of this zone change and Mesers. Dick Johnson, Charles Cotton and Price appeared to protest this zone change. After consideration, motion was made by Commissioner Chappell, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Commissioners Maner, O'Mara, Chappell and Thompson voting Yea, none voting Na to uphold the recommendation of the Planning and Zoning Commission to REJECT this request for zone change. In accordance with Notice of Zoning Hearng, as recorded in Minute Look 20, page 1.50, hearing was held 1 on Zone Case No. 917-request of Boling and Griffith (for A.C. Hull'and Joy Riddle) to change Lots 21 an6 22, Block 19, Ellwood Place Addition from an f5r-3' to a "C-2 " zoning district. (Said property being to -II cated at the northwest corner of the intersection of College Avenue and 23rd Street). Mr. Tom Griffith and Mr. Evans Roberts, Architect, appeared in support of this zone nhange. Also, Mr. Donald Ashdown appeared in support of this zone change, and no persons appeared to protest. After consideration, motion was made by Commissioner Maner, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Commissioners Maner, O'Mara, Chappell and Thompson voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission to REJECT this request :nor zone change. NOTICE OF ZONING HEARING NOTICE is henby given to owners of the property hereinafter described or referred to and to all cther persons as provided by law, that the City Commission will hold a public hearing on the llth day of May, 1961, at 10:00 o'clock A.M., in the Assembly Room of the Central Fire Station Building, located at 503 Avenue K, in Lubbock, Texas, to consider the recommendations of the Zoning and Planning Commission that the zoning district of the property herein described bechanged; and at which time and place all interes, persons will be given an opportunity to be heard, after which hearing, the City Commission will determb whether the Zoning Ordinance and map will be amended in accordance with such recommendation. I ZONE CASE NO. 918-The Planning and Zoning Commission authorized a zoning hearing on the following described property, to -wit: TRACT 1: BEGINNING at the intersection of the west right-of-way line of Avenue A and the north right-of-way line of 40th Street in the City of Lubbock, Lubbock 0unty, Texas; THENCE west 138 feet to a point; THENCE north 123.7 feet to a point; THENCE east 138 feet to a point; THENCE south 123.7 feet to the point of BEGINNING. TRACT 2: BEGINNING 259.3 feet south of the intersection of the west right-of-way line of Avenue A and the south right-of-way line of 40th Street in the City of Lubbock, Lubbock county, Texas; THENCE south 100 feet to a point; THENCE west 138 faEr to a point; THENCE north 100 feet to a point; THENCE east 138 feet to the point of BEGINNING, to consider changing the zoning district of said property from an "R-2" to a "C-4" zoning district. (Said property being located on the west side of Avenue A in the vicinity of 40th Street). _-ec 7e The Planning and Zoning Commission recommended to the City Commission that this request be granted. /s/ Lavenia Lowe Lavenia bwe, City Secretary-Treas. 7 152 In accordance with the Notice of Proposed Amendment, page 150, ►searing was held at 10:00 o'clock am. in regard to proposed amendment to Zoning Ordinance No. 1695. Mr. Bob Burr, Director of Planning and Zoning, appeared in support of this change and there were no protests. Afte consideration, motion was made by Commissioner Maner, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Commissioners Maner, O'Mara, Chappell and Thompson voting Yea, none voting Nay, that Ordinance No. 3476 be passed on first reading. ORDINANCE NO. 3476 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 BY ADDING A NEW SUBSECTION THERETO TO BE DESIGNATED SUBSECTION 10.2-3 SO AS TO ADD THE USE CLASSIFICATION "AUTO LAUNDRY' s AS A CONDITIONAL USE IN A "C-2" ZONING DISTRICT: PROVIDING A PENALTY:. AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. 61-20-152-402 Motion by Commissioner Maner, seconded by Commissioner Chappell, ---notion carried, Mayor Casey and Com- missioners Maner, O'Mara, Chappell and Thompson voting Yea, none voting Nay, that the L"ollowing Resolution be passed. RESOLUTION B E IT KNOWN that on this the llth day o-1- May,- 1961, at a regular meeting of the governing body of the City of Lubbock, Texas, there came on to be considered the matter of the e:=ecution of a license between the said City o,: Lubbock Te--as, and Panhandle and Santa Fe Railway Company, relating to a cower line crossing at Mile Post 671 plus 1296 as covered by e.:hibit A numbered DEOS 7002., in said City of Lubbock, Texas, whereupon the following proceedings were had: It was moved, seconded and unanimously voted that David C. Casey, Mayor, be authorized and empowered to e:.ecute on behal� of the City of Lubbock Te:_as such license, copy ofwhich is hereto attached, and the same be recorded i=i the tiinutes of the City Commission at the foot of this resolution STZ}TE OF TEXAS II COUNTY OF LUBBOCK I, Lavenia Lowe, City Secretary, do hereby certify that the above and foregoing is a true and correct copy of a resolution passed by the City Commission of said City i4-egular session on MAY 11th , 1961, as the same appears on record in Book 20, -ge 152 Min tes of said City Commission. r UAr y ecretar 61-20-1.52-403 Motion by Commissioner Chappell, seconded by Commissioner Maner, motion carried,Mayor Casey and Com- missioners Maner, O'Mara, Chappell and Thompson voting Yea, none voting Nay, that Ordinance No. 3478 be passed as an emergency measure. ORDINANCE NO. 3478 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission of the City o Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approveu project, arid'this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOQK- There is hereby appropriated out of the following described bond bund, to -wit: Street Improvement Fund THE sum $1,175.00 For the following purpose: Acquisition of parcel 255-E, Loop 289, from C. L. Adams--$1150 for right of way plus $25 legal and filing few. FIELD NOTES Parcel 255-E, Loop 289, C. L. Adams 0.505 of one acre of land, same being out of and a part of that certain tract of land out of the North- east One -quarter of Section 15, Block A, which tract was conveyed to C. L. Adams by deed dated 17 April '45, of record in Vol. 302, page 128, Deed Records of Lubbock County, Texas, which 0.505 of one acre if more particularly described by metes and bounds as follows: A strip of land 40.0 feet in width, lying along the North boundary line of the C. L. Adams tract, which is the South boundary line of the J. E. Hancock tract, said strip being 20.0 feet North and 20.0 feet South of the :following described centerline; BEGINNING at a point 20.0 feet South of the North boundary line of said C. L. Adams tract, said point being 585.7 feet East of the present centerline of US 87, said point being also 3087.1 feet East and 2359.5 feet South of the Northwest corner of said section; THENCE S 89o57'E, 550.0 feet, to a point in the bottom of the present channel. 61-20-152-404 Motion by Commissioner Maner, seconded by Cormissioner Chappell, motion carried, Mayor Casey and Com- missioners Maner, O'Mara, Chappell and Thompson voting Yea, none voting Nay, that the folluing Resolution be passed. '-0 RESOLUTION A RESOLUTTO AUTHORIZINGTHEMAYOR TO EXECUTE AN ORIGINAL AND FIVE COPIES OF A CONTRACT WITH THE „r,,,,, -On Tur IVcP nr< 74PTP 9()R A PROPOSED EMBANICTIENT, SAID 153 Highway No. Loop 289) + WHEREAS, the tract from which said earth is proposed to be taken as described on page 3 0-: the proposed contract is as follows: A tract of land out of Section 12, Block A, Lubbock County, BEGINNING at a point 3300 feet West and 150 feet North of Southeast corner, Section 12, Block A; THENCE North 600 feet; THENCE West 1500 fect; THENCE South 200 feet; THENCE South 60000' East 800 feet; THENCE East 807.2 feet to PLACE OF BEGINNING. WHEREAS, it appears to be for the best interests of the municipd,ity and its inhabitants and the general public that said contract be executed by the Mayor; N014 THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the Mayor be and he is hereby authorized to execute an original and five copies of such contract with the State of Texas State Highway Department. Passed by the Commission this llth da of clay, 1J61. ATTEST: DAVID C. CASEY, Mayor Lavenia Lowe, City Secretary Teas. AGREEMENT for purchase of ROAD MATERIAL by and between the State of Texas STATE HIGHWAY DEPARTriENT AND City of Lubbock 916 Texas Ave. Lubbock, Texas Control 783-2-4&5 Project U UG 1107(4) & (5) Highway No. Loop 289 Lubbock County Type of Material: Earth Borrow Type of Proposed Work: Embankment This material or lesser amounts will be used only when haul cakes it most economical source and may be secured on basis of lesser amounts or none. STATE OF TEXAS, COUNTY OF LUBBOCK This agreement is made this llth day of May, 1961, by and between the City of Lubbock, its successors or assigns, hereinafter referred to as the Party of the First Part, and the State of Texas, :- State Highway DepaMent, acting through its State Highway Engineer, hereinafter referred to as the Party of the Second fart. Whereas, preliminary investigations have indicated that acceptable material is available from lands hereinafter described, owned controlled by the Party of the First art, and Whereas, the Party of the First Part desim to sell any or all of this acceptable material. Witnesseth; The Party of the First part for, and ink-onsideration of oie dollar ($1.00) and other valuable considerations, receipt of which is hereby acknowledged, does hereby agree to hold for the e:;clusive use of the Party of the Second part, its agent or Contractor, all Earth Borrow material occurring on said lands, hereinafter described, and to sell any or all of this material that may prove acceptable to the party of the Second Part at the unit royalty price of Three cents per cubic yard. The Party of the First part hereby further agrees to indemnify and save harmless the Party of the Second Part from any and all damage; or loss, that may develop from existing mortagages or liens on the lands hereinafter described. The Party of the Second Part agrees to pay';"or all acapted material at the unit royalty rate designated above by the Party of the First Part. Royalty payment(s) will be made (2) only once for each contract involved, such FidKXX3XKXlibiMK XiF3r,XMKXr payment to be made after all material needed from this quarry for such contract has been removed, No royalty payment will be made for strippings of quarry &r'orher unsuitable material, whi-her at quarry or delivered on the road. It is mutually agreed that payment will be made only for acceptable material, measured as provided 15 It is further mutually agreed and understood that the agents of Contractors sor the RLrty of the Second Part are to have free ingress to and egress from said lands, hereinafter described, '-or the purpose of emcavating and removing said material. All fences, gates and other e..isting improvements on the said lands, hereinafter described, after removal of all material desired by the arty of the Second Part, shall be placed in a condition comparable in repair to their former state by the Party of the Second Part, its agent or Contractor, All equipment placed on said lands by the Party of the Second Part, its agent or Contractor, to assist in the removal o" said material, shall be removed by the Party of the Second Part, its agent or Contractor, upon the abandonment of the quarry. It is further mutually agreed and understood that should the Party of the First Part at any time consider the maintenance of watchmen or the erection of additional fences, cattle guards, etc., against possible damage or loss during quarry operations, all arrangements and costs incident thereto shall be the entire responsibility o' the Party of the first Part. Any such safeguards considered necessary by the Party of the Second Part shall be the entire responsibility of the Party of the Second Part. This agreement shall e::?ire 2 years (s) from the date of execution unless the Party'of'the Second Part at this time has under contract or has issued work order for construction of the project or projects hereinbe-'ore described, in whi-h event this agreement shall remain in effect until all such material desireu by the Party oZ the Second Part for construction of said project or projects has beer, removed and the conditions lhereinbefore stated have been fulfilled. Location and description of lands hereinbe-ore mentioned (Give such information as is necessary to establish the location and limits of the source of material in a manner satisfactory and understandable to both parties): A tract of land out of Section 12, Block A, Lubbock County; BEGINNING at a point 3300 fet west and 150 feet north of southeast turner, Section 12, Block A; THENCE north 600 feet; THENCE west 1500 feet; THENCE south 200 feet; THENCE South 60000' east 800 feet; THENCE east 807.2 feet to place of beginning. IN w7ITNESS WHEREOF, the Parties concerned hereto have set tieir hands the date herein named. CITY OF LUBBOCK Party of the First Part DAV D C. CASEY, Mayor ATT2ST: Lavenia awe, City Secretar,-Treas. STATE OF TEXAS Party of the Second Part Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: 61-M-154-405 Motion by Commissioner Maner, secondef' by Commissioner O "lara, motion carried, Mayor Casey and Com- missioners Maner, O'Mara, Thompson and Chappell voting Yea, none voting Nay, to adopt Lubbo6: Police Department Code of Conduct as presented to the City Commission. (see booklet on file in City Secretary - Treasurer Office). &-20-154-406 Motion by Commissioner Xaner, seconded by Commissioner Thompson, motion carried, Mayor Casey and Com= missioners h.ner, O'Mara, Thompson and Chappell, voting Yea, none voting Nay, to authorize eytension of sanitary sewer service to Bloc::s 14,15, and 16, Smithlawn in South Lubbock. 6-20-154-407 I:uykendall Investment Company 1210 Avenue Q Lubbock, Texas May 9, 1961 City Commission Lubbock, Te::as Gentlemen: Several years ago, when filing plats for the Kuykendall Heights Addition, we paid for and installed tie curb and gutter from 42nd St. south to the alley south of 48th St., and at that time, we put in escrowa our pro rata of the paving of Slide road, and I believe this was at $1.77 per square yard. We are now ready to dedicate the 50 ft. Right -of -Way from the alley south of 48th St., to 50th St., and to put up the cash :for the curb and gutter and our part of the paving to finish out our part of the paving from 42nd to 50th St. We are being joined by Lee and George Fields, the owners of the west side of Slide Road from 42nd St, to 50th St-, in requesting that this segment of Slide Road be paved as soon as possible. They too have indicated their willingness to furnish all the necessary Right -of -Way and to put up the cash for the paving of this segment of Slide Load. 4b feel that the paving of this half mile which would con- nect the west end of .Sth St. with the west end of 42nd St-., which is a through street, would be very desirable in handling the traffic in southwest Lubbock, and we, therefore, urge that you give favorable consideration to the immediate advertising and letting of the contract for this project. The City Commission considered the request of G.P.Kuykendall as set out in the above letter as to paving of Slide Road between 42nd Street and 50th St eet. After c nsideration, motion was made by Commissioner Maner, motion carried Mayor Casey and ours very truly, Commissioners Maner, b'Mara,Thompson and Chappell voting Yea, none voting Nay, to GRANT this /s/ G. P. Kuykendall i request. 61-20-154-403 NOTICE TO BIDDERS W.W.O. 11239 Sealed proposals adiessed to the Honorable Mayor, and City Commission of the City of Lubbock, Texas, Attention: John T. Hickerson, Director of Public Works, will be received at the office of the City Manager until 11:30 A.M. May 11, 1961, for furnishing one (1) 14,000 G.P.M. motor driven low service water pump, complete with electrical control equipment. nrd a-___ .»..-- ......,._- ---t,_ i .I.. - - .., 4+ 4 74-A 1,; 1, 4 aice,, a cntio=artnry 1-n t-hr, Ch,7nP.r or a r r r �1 r MAY 11 1961 check or proposal bond will not be considered. Bidders shall submit with their proposal the name of thenanufacturer of the equipment he proposes to furnish together with complete specifications, head -capacity curves and descriptive literature. The City reserves the right to evaluate the bids on the basis of bid price, operating cost, con- struction, materials, design and operating characteristics; to reject any or all bids, to waive infor- malities and to accept the bid which seems most advantageous to the City's best interest. Specifications may be obtained from the office of the Director of Public Works, Lubbock, Texas, request. ATTEST' Lavenia owe, .ity cretar CITY OF LUBBOCK, TEXAS Ocnir by ra avi C. ey, :ayor In accordance with the above Notice to Bidders, bids were received for purchase of one 20 M.G.D. motor driven low service water pump and control center for Bailey County Reservoir Pump Station under W.W.O 11239. After all bids were received, motion was made by Commissioner Ma.ner, seconded by Commissioner O'Mara, to open the bids, whereupon, the following Bids were opened and read. Bid Tabulation set in Bid Book. After consideration, motionwas made by Commissioner Chappell, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Commissioners Maner, O'Mara, Chappell and Thompson vting Yea, none voting Nay, to accept the bid of U.S. Pumps Midcon, Inc. for purchase of this equipment. Mayor Casey being hereby authorized to enter into contract. Total amount of bid being $14,887. NOTICE TO BIDDERS W.W.O. 11238 61-20-155-408-a Sealed proposals addressed to the Honorable Mayor and City Commission of Lubbock, Texas, Attention Mr. John T. Hickerson, Director of Public Works, Lubbock, Texas, will be received at the office of Mr. H. P. Clifton, City Manager, until 9:30 A.M. May 11, 1961, for furnishing all necessary materials, macImery, equipment, superintendence and labor for the construction of caliche roads in the City of Lubbock'Water Well Field in Bailey and Lamb Counties approximately 60 miles northwest of Lubbock. The principal items of work included in this project are constructing approximately 34,000 square yards.of caliche road 10 feet wide and 6-inch compacted thickness and 7,700 square yards of caliche hardstands with 6=inch compacted thickness. 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 bas bid submitted as a guarantee that Biddei will enter into a contract within the ten (10) days after notice of award to him. Bids without requirel check or proposal bond will not be considered. The Owner reserves the right to reject any or all bids and to waive formalities. In case of ambiguity or lack of clearness in stating the prices in the bid, the uwn-ar reserves the right to consider the most advantageous construction thereof, or to reject the bid. Unreasonable (or "Unbalanced") unit prices will authorize the Owner to reject the bid. The Owner reserves the right to accept the bid con- sidered most advantageous to the City of Lubbock. Bidabrs are expected to inspect the site of the work and to inform themselves regarding all locel conditions under which the work is to be done. Attention is called to the privisions of the Acts of the 43rd Legislature of the State of Texas, Page 91, Chapter 45, (Art. No. 5159A Civil Statutes, 1925) concerning the iiage scale and payment of pre- vailing rates of wages as established by the Owner. The Contractor must abide by the TAge and Hour Lawsl of the gate of Te-as and must not pay less than the rate legally prescribed or as set forth herein, whichever is higher. Mechanic, Workman or Type o; Laborer Motor Grader Operator ibser Shovel or Badkhoe Operator Dozer Operator Aragline Operator Truck Driver, over 1�Tons Truck Drive, under 1�Tons Laborer, Common Mechanic Watchman General Prevailing per diem General Prevailing Hourly Rate Wage based on 8 hour working day $12.00 $1.50 12.00 1.50 12.00 1.50 12.00 1.50 10.00 1.25 8.00 1.00 8.00 1.00 10.00 1.25 6.00 0.75 Copies of the Plans and Specifications are on file in the office of John T. Hickerson, Director of, Public Qorks, Temporary City Hall, 5th Street and Avenue J, Lubbock, Texas. Copies of these plans and specifications may be secured from the above office upon request. Payment for suc.--essful completion of this contract will be made from Bond Funds of the City of Lubbo do CITY OF LUBBOCK, TEXAS OWNER .ef? . # A R T 156 ------- -----..----- LIMY l L i4 _n accordance with the above Notice to Bidders, yids were received for construction of roads and well stands in the Sandhills Well Field under W.W.O. 11238. After all bids were received, motion was made by Commissioner O'Mara, seconded by Commissioner Thompson, motion carried, Mayor Casey and Commissioners Mauer, O'Mara, Cla ppell and Thompson voting Yea, none voting Nay, to open the bids, whereupon the following bids were opened and read. Bid Tabulation set in Bid Book. After consideration, motion was made by Commissioner Chappell, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Commissioners Maner, O'�-iara, Chappell and Thompson voting Yea, none voting Nay, to authorize acceptance of the bid of E. C. Ross o% Levelland for construction of these roads and well stands. Total amount of bid being $14,980. Mayor(Lsey being hereby authorized to enter into contact. 61-20-156- 409 Motion by Commissioner Maner, seconded by Commissioner O'I-Iara, motion carried, Mayor Casey and Com- missioners Maner, O'Mara, Thompson and Chappell voti.ig Yea, none voting Nay, that Ordinance No. 3475 be passed as an emergency mc°asure. ORDINANCE No. 3475 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission o- 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 opera- tion of City Departments in the public interest which creates an emergency; Ngd, THEREDRE, BE IR ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Traffic Signal Fund THE sum $337.50 For the following purpose: 1. Installation of School Signals at the following locations: a. On Quaker between 29th and 31st Street $42.07(G.W.O. 10250) b. On Clovis Road at 2nd Street $39.75(G.W:O. 10247) C. On Avenue , between 30th Street and 32nd Street $195.99(G.W.O. 10246) 2. Purchase and installation of Signal controller at $59.69(G.W.O. 10248) Clovis Road and Avenue U. 61-20-156-410 Motion by Commissioner Maner, seconded by Commissioner O'Mara, motion carried, Mayor Casey andrCom- Missioners Maner, O'Mara, Thompson and Chappell voting Yea, none voting Nay, that Ordinance No. 3474 be passed as an emergency measure. 0, ORDINANCE NO. 3474 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission of the City of Lubbock finds it is necessary to appropriate certain spe--iiic funds out ox bond funds for a:i approved project, and this ordinance deals with the daily opera- tion 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 appupriated out of the following described bond fund, to -wit: Traffic Signal Fuld THe sum $692.39 For the follming purpose: 1. Installation of School signals at the following locations; a. On Parkway Drive at Elder Avenue $123.38 (G.W.O. 10217) b. On Flint Avenue at 26th Street 234.38 (G.W.O. 10204) c. On First Street at Aenue N 69.38 (G.W.O. 10195) d. On Avenue H at 41st Street 91.75 (G.W.O. 10194) 2. Purchase and installation of Traffic Signals at the following locations: a. 50th Street and Avenue Q $167.72 (G.TJ.O. 10213) b. 34th Street and A enue T 5.78 (G.W.O. 10203) v 61-20-156-411 Motion by Commissioner Maner, seconded by Commissioner Chappell, motion carried, Mayor Casey and Com- missioners Maner, O'Mara, Chappell and Thompson voting Yea, none voting Nay, that the following Reso- lution belassed. RESOLUTION A RESOLUTION AUTHOHZING THE 14AYOR TO Zi[ECUTE A 1E ]EASE IN CAUSE NO. 10095, ENTITLED CITY OF LUBBOCK VS. WILLIAM. KENNARD ET AL, PENDIIIG IN THE COUNTY COURT AT LAW, LUBBOCK COUNTY, TEXAS, SAID SUIT BEING FOR DAMAGE TO A CITY VEHICLE IN THE SUM OF $205.00, INTEREST AND CWS OF THE SUIT. WHEREAS, the City oft.ubbock instiuted suit against William Kennard and Henry Webb, a resident of the State of New Me:,ico, for the sum of $205.00, interest at the legal rate, and the costs of the suit; and, WHEREAS, said City took a judgment against William Kennard and the driver of the vehicle which collided with the City vehicle; and, 15'7 r r r r MAY 1.1 jgai WHEREAS, it appears that the judgment against the said WMEliam Kennard is uncollectible; NOW THERE- ; FORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the Mayor be and he is hereby authorized to execute a Release oL_ said ;aw suit No. 10095 in consideration of the payment to said City the sum of $120.67 with the understanding that all costs will' be paid by Defendants. Passed by the Commission this llth day of Ma , 1961. —Ja L EST: DAVID C. ASEY, Mayor /i!/ Lavenia Lowe, City Secretar- THE STATE OF TEXAS RELEASE OF ALL CLAIMS COUNTY OF LUBBOCK THIS RELEASE OF ALL CLAIMS executed by the City o- Lubbock, WITNESSETH: WHEREAS, heretofore on or about September 8, 1960,aA955 Dodge sanitation truck, bearing Exempt License No. 4858, driven by Alfredo Roman Travino, and owned by the City of Lubbock, while traveling south in the 3300 block of Quirt Avenue in the City of Lubbock, Lubbock County, Texas, was involved in a collision with a 1957 Cadillac traveling in a nortlwsterly direction on Quirt A enue, being driven by William Kennard, and owned by Henry Webb. WHEREAS, as a result of the above described accident, the City of Lubbock has made claims for proper,'ty damage caused to the 1955 Dodge sanitation truck as a result of said collision against William Kennard,. as operator of the vehicle, and against Henry Webb as the owner of the 1957 Cadillac, and has instituted, Cause No. 10,095, styled City of Lubbock, a Municipal Corporation, vs. William Kennard, et al, in the County Court at tar of Lubbock County, Texas; and, WHEREAS, the said City of Lubbock desires to settle and compromise all of its claims asser tEd in said action and any and all claims it may have against William Kennard and Henry Webb and all parties in privity with them because of the above described accidat; and, WHEREAS, the City of Lubbock desires to release William Kennard and Henry Webb and all parties in privity with them from any and all liability because of such accident. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the City of Lubbock, for and in consideration of the sum of ONE HUNDRED TWENTY AND 67/100 ($120.67) DOLLARS, cash in hand paid, receipt of which is hereby acknowledged, does hereby release the said William Kennard and Henry Webb, and all parties in privity with them, of and from any and all liability of whatsoever nature on account of or in any way growing out of the above described accident and its results. IT IS AGREED that the above styled and numbered cause will be dismissed with prejudice, and that any.' and all expense for property damage will be paid out of the sum of ONE HUNDRED AND TWENTY AND 67/100 ($120.67) DOLLARS, and that William Kennard and Henry Webb will be held harmless and indemnified as to any property damage on account of the above accident, and that the costs in the above cause shall be paid by the said William Kennard and Henry Webb. WITNESS OUR HANDS THIS llth day of May, A.D. 1961, signed and e:�zecuted under the attached resolution of the City Commission of the City a Lubbock. CITY OF 'BBOCK • BY ' ATTEST: David C. Casey, Mayor 4, Lavenia Lowe, City ecreta y 61-20-157-412 Motinn by Commissioner O'Mara, seconded by Commissioner Thompson, motion carried, Mayor Casey and Com- missioners Maner, O'Mara, Chappell and Thompson voting Yea, none voting Nay, that Ordinance No. 3474 be passed as an emergency- Teasure. ORDINANCE NO. 347) I AN RPROPRIATION ORDINANCE WHEREAS, the City Commission of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds nor an approved project, and this ordinance deals with the daily opera-" tion 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 $19,400.00 For the following purpose: Purchase of one 20 M.G.D. motor driven low service water pump and control center for BAiley County Reservoir Pump Station L4.W.0 11239 $14,887-pump $1,000-Electric installation $ 1,750-pump installation $ 1,763-engineering and construction 61-20-157-413 Motion by Commissioner O'Mara, seconded by Commissioner Thompson, motion carried, Mayor Casey and Com- missioners Maner, O'Mara, Chappell and Thompson voting Y a, none voting Nay, that Ordinance No. 3480 be passed as an emergency measure. I ORDINANCE NO. 3480 MAY 1 1 1961 specific funds out o. bond ;unds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW, THEREFORE, BE IT ORDAINED BY THE, CITY COMIEISSION OF THE CITY & LUBBOCK: There is hereby appropriated out o; the following described bond fund, to -wit: Water Bond Fund THE sum $15,913.00 For i3ie following purpose: Construction of roads and well stands in Sandhills Well Field W.W.O. 11238 $14,W - construction of roads $ 758- engineering $ 175- 2 gates 61-20-158-414 notion by Commissioner O'Mara, seconded by Commissioner Thompson, motion carrid, Mayor Casey and Com- missioners Maner, O'Mara, Thompson and Chappell voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, incon-ormance with the paving requirement provisions of City Ordinance 1331, the subdivider of Willowick Addition ma41e arrangements with Hodges and Tierney, Inc. for the construction of paving improvements on certain streets :iedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Willowick Addition including the following streets; South one-halx o�- 34th Street (a part of ) from itsintersection with a line 15 feet East of the East Property Line of Chicago Avenue to its intersection with a line 15 feet West of the West Property Line of Belmont Avenue, known ad designated as New Subdivision Unit Number 923. Southyone-hal% o-` 34th Street (concrete only) from its intersection with a line 15 feet West of the West roperty Line of Bangor Avenue to its intersection with aline 15 feet East of the East Property Line 8f Belmont Avenue known and designated as New Subdivision Unit Number 924. South one-half of 34th Street (concrete only) from its intersection with a line 15 feet East of the East Property Line of Bangor Avenue to its intersection with a line 3 few East of the East Property Line of the alley East of Bangor Avenue, known and designated as New Subdivision Unit Number 925. 35th Street from its intersection with a line 15 feet East of the East Property Line of C icago Avenue to its intersection with a line 15 feet West of the West Property Line of Belmont Avenue mown and designated as New Subdivision Unit Number 926. 35th Street from its intersection with a line 15 feet South of the South Property Line of Belmont Avenue to its intersection with a line 15 feet North of the North Property Line of Bangor Avenue known and designated as New Subdivision Unit Number 927. Chicago Avenue from its intersection with a line 38.5 feet North of the South Property Line of 34th Street to its intersection with a line 3-feet South of the South Property Line of alley South of 35th Street, known and designated as New Subdivision Unit Number 923. Belmont A enue from its intersection with a line 38.5 feet North of the South Property Line of 34th Street to its intersection with a line 3 feEt South of the South Property Line of the alley South of 35th Street (West Leg), known and designated as New Subdivision Unit'Number 929. Bangor Avenue :rom its intersection with a line 15 feet Vouta of the South Property Line of 35th Street to its intersection with a line38.5 feet North of the South Property Line of 34th Street, known and designated as New Subdivision Unit Number 930. AND WHEREAS, the construction of the above improvements on the above -mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LU%BOCK, TEXAS: I. That the improvements on sid portions o- the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and aftez its passage. PASSED AND APPROVED THIS llth DAY OF MAY, 19 - ATTEST: Lavenia Lowe, City Secretary • C Dasid C. Casey, Mayor I I I 61-20-158-415 The City Commission considered mowing vacant lots in the City of Lubbock and the following policy was adopted: To mow on platted property free of charge, also, unplatted tracts of two acres of land. All unplatted areas of more than two acres, the property owner to be requested by letter to mow said property 11 when weeds become 12 inches high and in the event the lots are not mower: by the property owner, the City 15 MAY 1 1 i.96 Y r r I Fry Roofing Company $8,000 being the amount of their pro rata water charge for water service at 7802 Southeast Drivedn the event the Fry Roofing Company wished to disconniect from the City water service and provide their own service. 61-20-159-417 Motion by Commissioner Thompson, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Com- missioners Planer, O'Mara, Thompson and Chappell voting Yea, none voting Nay, to authorize final payment in the amount of $5,000 to H. R. Bundoc,.., Inc., for construction of swimming pool, bath house and Com- munity Center at tiaxey Park. Total amount of contract was $138689. 61-20-159-418 Motion by Commissioner Thompson, seconded by Commissioner Maner, motion carried, Mayor Casey and Com- missioners Maner, O'Mara, Chppell and Thompson voting Yea, none voting Nay, to authorize construction of sidewalk and curb by Frank D. Wilson at the northeast corner of 34th Street and Slide Road as per attached plat. 61-20-159-419 Motion by Commissioner Thompson, seconded by Commissioner Chappell, motion carried, Mayor Casey and Com- missioners Maner, O'Mara, Chppell and Thompson voting Yea, none voting Nay, to approve the request of the State Highway Department to place concrete island on 34th Street east and west of Avenue L inter- section. 61-20-1.59-420 Mr. Troy P. Ross of 402 Avenue M, appeared before the City Commission and requested that the parking bell no -removed across the street east from his place of business located at 402 Avenue M. The City Traffic having recommended that parking be removed from this location in order to facilitate the traffic going north and west from this intersection. Motion was made by Commissioner O'Mara, seconded by Commissioner Chappell, motion carried, Mayor Casey and Commissioners Maner, O'Mara,Chappell and Thompson voting Yea, none voting Nay, that this rquest be REJECTED. 61-20-159-421 The City Commission considered the request of United Fund (Community.Chest) that they be allowed, at their expense) to build a 20' x 37.8' addition to the city owned building which they now occupy at 2201 19th Street, also, to pave the parking area to the rear west d the building. After consideration, motion by Commissioner Chappell, seconded by Commissioner Maner, motion carried, Mayor Casey and Commissioners planer, O'Mara, Chappell and Thompson voting Yea, none voting Nay, to authorize -the addition to be made to the building. 61-20-159-422 Bids were received for purchase of 40 each - 550 pounds drums orthodichlorobenzene, being Bid No. 5947. Bid T bulation set in Bid Book. 0 After consideration/oil bids received, motion was made by Commissioner Thompson, seconded by Commissioner Chappell, motion carried, Mayor Casey and Commissioners Maner, O'Mara, Chappell and Thompson voting Yeal none voting Nay, to authorize acceptance of the Bid of Cloroben Chemical Company of New Jersey for pur-, chase of this chlorane). 61-20-159-423 Bids were received for purchase of 400 cylinders liquid chlorine, years supply, bang Bid No. 5932. Bid Tabulation set in Bid Book. After corsideration of all bids received, motion was made by Commissioner Maner, seconded by Commissior O'Mara, motion carried, Mayor Casey and Commissioners Maner, O'Mara, Chappell and Thompson voting Yea, none voting Nay, to authorize acceptance of the bid of Thompson -Hayward Chemical Company for purchase of this chlorine. 61-20-159-424 Bids were received for purchase of C.I. Water meter Boxes and lids, being Bid No. 5940. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Commissioner O'Mara, seconded by Commissid Thompson, motion carried, Mayor Casey and Commiss gners Maner, O'Mara, Cla ppell and Thompson voting � Yea, none voting Nay, to authorize acceptance of/ led of Cfowe and Cowan, Inc. for purchase of these water meter bores and lids. II 61-20-159-425 Bids were received for purchase of tires and tubes, being W No. 5942. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Commissioner Chappell, seconded by Co-_i- missioner Maner, motion carried, Mayor Casey and Commissioners Maner, O'Mara, Chappell and Thompson voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Powell and Childers for purchase of items 1,9 & 10. Accept the bid of Sears Roebuck Company for purchase of item 4. Accept the bid of Mclihorters Tire Company for purchase of items 5 & 8. Accept the bid of Woody Tire Company for purchase of items 2,3,6 &7. 61-20-159-426 Bids were received for purchase of five transformers & cabinets for the Electric Department, being Bid No. 5948. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Commissioner Chappell, seconded by Com- missioner Maner, motion carried, Mayor Casey and Commissioners Maner, O'Maa, Chappell and Thompson voting Yea, none voting Nay, to authorize acceptance of the bid of Butler and Land Company for purchase: of these transformers and eabinEts. 61-20-159-427 In accordance with Notice of Zoning Hearing as recorded in Minute Book 20, page 150, hearing was held � at 10:00 o'clock A.M. on Zone Case No. 916-xquest of Edward W. Napier (for Lubbock Baptist Association, and John J. Jones (For Lubbock Parkway Development Vompany) to change Lots 283 through 290 inclusive, I Wilshire Pw k Addition from an ''R-3" to a "C-3" zoning district and a five acre trait located on the soith i side of Parkway Drive between Beech.and Cherry Avenues from an "R-l" to a "C-3" zoning district. Mr. Bob Jones, Mr. Corkey Bozeman and Mr. 0. A. Terry appeared in support of the zone change and there were) 10 61-20-160-428 Motion by Commissioner !,Liner, seconded by Commissioner Thompson, motion carried, Mayor Casey and Commissioners i1aner, O'Mara, Thompson and Chappeli voting Yea, none voting Nay, that the following Resolution. be passed. RESOLUTION BE IT RESOLVED BY THE CITY COMMISSION OF 'THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to e,�ecute for and on behalf of said City a `License for Use of Public Way'' from said City to Spears Furniture Company of Lubboc;c, Te:gas, for the use of said Spears Furniture Company as an underground storage basement. A copy ox said License is attached to and made a part of this resolution. Passed by the City Commission this llth day of r 196 A C� ATTEST: 14 E4 DAVID C. CASEY Mayor � � Y Lavenia Lowe, City Secretary-Treas. LICENSE FOR USE OF PUBLIC WAY THE STATE OF TEXAS COUNTY OF LUBBOCK This License made the 27th day of April, 1961,'between the City of Lubbock, a Home Rule Municipality, herein called "CITY" and Spears Furniture Company of Lubbock, Texas, a Texas Corporation and James Spears, individually and 14. Harrell Spears, individually herein called "LICENSEE". WITNESSETH: THAT the parties hereto, for the consideration hereinafter expressed, covenant and agree as follows: (1) In consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS payable as follows: In advance. City hereby grants LICENSEE a License for the following purpose: Construction and maintenance of an underground storage basement at the following db3ignatedlocation: That portion of 28th Street in the City of Lubbock, Lubbock County, Te::as, which lies between a line which is two feet North of and parallel to the existing North curb line of 28th Street and the SOL-th Property/�THe of Lot 20, Block 13, O'Neal Terrace Annex, an Addition to said, City of Lubbock. (2) This License is made subject to the conditbn that LICENSEE, and the heirs, successors, and assigns of LICENSEE will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants and employees harmless of and from any and all claims, demands, actions, causes of action, suits at law and in equity and costs of whatsoever kind or nature which may grow out of or re- J.te to the making of this License or the e.:ercise by LICENSEE of any privileges graL:ted by this License. (3) LICENSEE shall at all times a:,ercise the privileges granted by this License in such a manner as will not interfere with the public use of the public way at the location hereinabove described and so as not to create any dangerous or hazardous condition thereon, and subject to the supervision of the City Engineer, LICENSEE shall erect such barricades, warning signs, and other safety devices as ma be required by said City Engineer at no e::pense to CITY. (4) CITY at its election may cancel and revoke this License, with or without cause, upon thirty (30) days notice to LICENSEE. Said Notice shall be deemed property served if deposited in the Post Office, postpaid, addressed to LICENSEE AT Spears Furniture Company, 2710 Avenue C, Lubbock, Texas. (5) This License and privilege shall not be transferable in whole or in part, and shall not inure to the benefit of any other person, firm, 4orporation, or organization other than LICENSEE except upon e.�press written consent of CITY. (6) Upon termination of this License, by revocation and/or cancellation by -CITY, by mutual consent of the parties hereto or otherwise, LICENSEE shall remove, at no cost to CITY, any or all improvements and appurtenances thereto,if any, made or placed pursuant to this License, if such removal is requested by the CITY. (7) Prior to the construction of the underground basement, as authorized herein, the Licensee shall submit to the City Engineer plans and specifications of the construction to be done, and the Licensee shall not commence construction of said underground basement until such plans and specifications are approved by the City Engineer. II (8) The LICENSEES as further consideration for the grant of this License shall pay all costs arising out of the e:,ercise of the license herein made including but not limited to the'replacement and repairing of paving, sidewalks, curbing, gutter, and/or utilities of any nature occasioned by the construction of the underground basement herein licensed. (9) LICENSEE shall provide at its e:.pense at all times during the lire of this license a public liability and property damage insurance polity with the City of Lubbock as a named insured in the amount of $25,000.00 coverage covering the construction, operation, and maintenance of the underground basement herein contemplated. 11 I 0 7 (10) All covenants, obligations, and agreements made by LICENSEE are jointly and severally binding upon all parties herein referred to as "LICENSEE'. (11) LICENSEE accepts the terms, covenants, and conditions of this License and agrees to be bound thereby. In the event two or more parties e:.,ecute this instru:ient as LICENSEE, all covenants ja I r r I r CONTINUATION OF ITM4 418 P Ll �l 161 fl r r r n MAY I 1 1961 LICENSEE, its successors, legal representatives or assigns, or any subsequent assignee, shall be bindin.. upon CITY without the written consent of CITY in each instance. ATTEST: A &z Lavenia Iowe, City Secretary"Treas. CITY 0 LUBBO"` BY • DAVID C. CASEY, Mayor 1.7 LICENSEE Spears Furniture Company of Lubbock, Te-%as 61-20-la-429 Motion by Commissioner O'Mara, seconded by Commissioner Thompson, lion carried, Mayor Casey and Co-- missioners Maner, O'Mara, Thompson and Chappell voting Yea, none voting Nay, that Ordinance No. 34 *- b e passed as an emergency measure. ORDINANCE NO. 3481 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission of the City of Lubbock :rinds it is necessary to appropriate certa'_n specific funds out of bond funds for an approved project, and this ordinance deals with the daily opera- tion 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: Street Improvement Fund THE sum $9,283.61 For the following purpose: Utility adjustment on water line crossing Lap 239 at Ash Avenue. 61-20-1fl-430 Motion by Commissioner O'Mara, seconded by Commissioner Thompson, motion carried, Mayor Casey and Com- missioners Maner, O'Mara, Thompson and Chappell voting Yea, none voting Nay, that Ordinance No. 3482 be passed as an emergency measure. ORDINANCE NO. 3482 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 deaf with the daily opeation of City departments in the public interest which creates an emergency; NOW THEREFORE: BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUB30CK: There is hereby appropriated out of the following described bond Lund, to -wit: Street Improvement Fund THE sum $4,492.51 For the following purpose: Utility Adjustment on lineroni Well No. 30 across Loop 289. 61-20-161-431 Motion by Commissioner O'l-iara, seconded by Commissioner Thompson, motion carried, Mayor Casey an4 Commissioners Maner, O'Mara, Thompson and Chappell voting Yea, none voting Nay, that Odinance No. 3483 be passed as ar- emergency measure. ORDINANCE No. 3483 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 CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Fund THE sum $6,041.74 For the following purpose: Ctility Adjustment on line from Well Nn18.across Loop 289. 61-20-161-432 Motion by Commissioner Thompson, seconded by Commissioner O'Mara, motion carried,Mayor Casey and C07: : missioners Maner, O'Mara, Thompson and Chappell voting Yea, none voting Nay, to GRANT the request cif Southwest Little League .for the City to provide lights for the Covington Little League Field. Lubbock, Texas May 6, 1961 Lubbock City Commission City Hall Lubbock, Te:r:as Gentlemen: The increase in the number o47 boys wanting to play baseball under the Little League program in south- wPsr TaThhori; has comnelled us to secure another lighted baseball Dark. Our board of directors have 12 I MAY I 1 19Ri MAY 16 1991 1 At your ne::t meeting, we would like to request that your commission appropriate the funds to purchase 45 lights at $25.80 each, for a total o.L- $1,161, and let us have them on a loan basis, to be erected at this ball park so that we can have adequate faciliti�s nor boys who wish to play baseball in south- west Lubbock. Since we have proudly had a part in helping establish Maxey Park as an outstanding site, which has be- come a part of the City Park System, and d-ue to the !act thatCxyington Field will also become a part of the City Park System in the future, we -feel that this request is justified. We urgently request that this matter be given your full support as we feel it is -or the betterment of the future of Lubbock. Respectfully submitted, /s/ Carl E. Shipman Carl E. SHipman Chairman of the Bard Southwest Lubbock Little League n L� NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, REGULAR CITY COMMISSION MEETING ADJOURNED MAY IL, 1961 Passed and approved this 9,it-11day of May ATTE I;Ke-nia Lowe, C ty Secretary RECESSED REGULAR MEETING: 197.. DAVID C. CASEY, Mayor May 16, 1961 The City Commission of the City of Lubbock, Taas met at 3;30 o'clock P.M. in recessed regular session recessed from Regular Meeting held May 11, 1961, the following members thereof being present, to -wit: Mayor Pro-tem Vernon E. Thompson and Commissioners Otis Maner, W.C. O'Mara, Frank H. Chappell, Jr. City Manager H.P. Clifton, Assistant City Manager Fritz Lanham. 61-20-162-433 Motion by Commissioner Maner, seconded by Commissioner -Chappell, motion carried, Mayor Pro-tem Thompson and Commissioners Maner, O'Mara, and Chappell voting Yea, none voting Nay, that Ordinance No. 3484 be passed as an emergency measure. ORDINANCE NO. 3484 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 CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, b-wit: Municipal Building THE sum $25.400 For the following purpose: Materials and labor for city jail. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, RECESSED REGULAR MEETING ADJOURNED May 16, 1961. Passed and approved this 25th day of May, 1961. ATTEST Lav is Lowe, Ci Secretary RECESSED REGULAR MEETING: David C. Casey, Mayor May 15, 1961 Lubbock, Texas THE City Commission of the City of Lubbock, Texas, met at 2:00 o'clock p.m. in recessed regular session recessed from Regular Meeting held May 11, 1961, the following members thereof, being present, to -wit: Mayor. David C. Casey and Commissioners Vernon E. Thompson, W. C. O'Mara, and Otis Maner, City Manager ' H.P. Clifton,, Assistant City Manager Fritz Lanham. 6r �ko f1 r r r r Motion by Commissioner Maner, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Com- missioners Maner, O'Mara, and Thompson voting Yea, none voting Nay, that the Mayor be authorized to enter into an agreement with Chester James for a period of four months for lease of a building being occupied by the Police Department while the Police Station is being remodeled. LEASE THE STATE OF TEXAS COUNTY OF LUBBOCK THIS LEASE CONTRACT is made and entered into this, the 15th day of May, 1961, by and between the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, acting herein by and through its Mayor as duly authorial by resolution of its City Commission, hereinafter called "LESSEE", and Chester James, hereinafter called "LESSOR." WITNESSETH: I. That the LESSOR does hereby lease and demise unto the LESSEE the following described property, and improvementsthereon situated, in t he City of Lubbock, Lubbock County, Texas, to -wit: Lot 12, Block 86, Original Town of Lubbock, Lubbock County, Texas for a term of four (4) months beginning on the 15th day of May, ±9.,_, and ending on the 14th day or September, 1961, and for such additional one -month periods as provided under the following provisioi:s of this agreement. II. That the LESSEE steal pay as rent for said premises the sum of TWO HUNDRED AND N01100 ($200.00) DOLLARS per month for each month they are in possession of such premises, with the first payment being due and payable on or before the 15th day of May, 1961, and a like payment being due and payable on of before the 15th day of each month thereafter during the term of this lease. This contract and agreement shall remain in full force and effect after the close of the primary term of four months for successive one -month periods, automatically, until notice of cancellation and termination thereof be given at the times and in the manner hereinafter provided. The rental payment due LESSOR during such additiaal monthly periods shall remain TWO HUNDRED AND N01100 ($200.00) DOLLARS per month. IV. After the close of the primary four month term of this agreement, this agreement may be cancelled and terminated by either party at any time upon thirty (30) days written notice to the other party her to. Such notices shall be deemed properly served if deposited in the Post Of$ce, postpaid, addressed as follows: LESSOR --Chester James, , Lubbock, Texas LESSEE --City Manager, City of Lubbock, City Hall, Lubbock, Texas. V. It is understood and agreed between the parties hereto, that the premises herein are being leased by LESSEE for such purposes as LESSEE by its Governing Body may determine to use the building and premises for, and that LESSEE may Make changes in the building and premises, and such changes or modi- fications are hereby expressly authorized by LESSOR. LESSEE shall have the right to remove all additi and other improvements placed therein by LESSEE, and in this connection, LESSEE covenants that it will at the final expiration or termination of this lease, peaceably yield up unto LESSOR all and singular, premises in the same repair in all re qoects that the same is not in, reasonable use and wearing thereof and damage by accidental fire or inevitable accident o6ly excepted. VI. Should, due to the date of notice of cancellation as hereinabove provided, the LESSEE should be in possession of the premises for any period of time less than the full month long periods herein prov then the rent due LESSOR for such periods shall be computed by the day, with LESSOR entitled to one - thirtieth (1/30th) part of the rental rate provided for the full monthly period. VII. Should the premises which are the subject of this agreement be totally or substantially destroyed) by fire, wind storm, explosion or other fore or element of whatsoever kind or nature without the fault of either party, then this agreement shall be automatically cancelled and terminated and both parties fully released from the duties, terms and obligations hereof. ' VIII. ins led, This agreement is binding upon the parties hereto and their heirs, legal representatives, success#rs and assigns. EXECUTED this the 15th day of May, 1961, at Lubbock County, Texas. CITY M LUBBgfKALes e %� .19, 0 0