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Home My WebLink AboutMinutes - City Council - Regular - 6/22/1961� �� -- _Jl3Pa 22 1851 _ � � -�.�R� - _- - - _ - __ _ __ _ ____ _ - ' _ _ _ _ _ 6J.-2,Q-a 0-527 Motion ��-� Commissioner O'T�ara, seconded by CommiSsioner Maner, motion cax-rze�, �Iayor C�-'�y �.nd Cam- Go r�t,�12� �� u� �q� �� r�� C��-�� -C' c�-��,�� :ti �:r.i�: r:s:i:�i;�e=s°ti:�: missio�zers Ma�er, and 0'riara, vofi}�g Yea, none vating hiay, t� authorize assignment oL- contract between �he City o� Lubbocic, & U. S. Pumps �lidcon Inc. ,�urchase auti�orized Ma.y -1�, �96Z, �age 155, Mi.nute Book 20, �to Aliis Chalmers Manufacturing � Company, G�1W0 1].239 . NQ F[TR�I�ER BUSINESS COMYi�G I�P F4R CONSIDEI.2ATION, COMMISSTQN AD.�OiiRN�D �ROrI �2EG�TLAR Mflr',TING JUNE_ 8, 19b1. Passed and app?-oved this 22ndday of 3une, 196i. ATT T: ll« L enia Lo��e , ity Secretary-'ireas . ' (� David C. Casey, Mayor � ' � REGIFLAR MEETING : June 22, Z96]. Lubbock, Texas The City Commissio� of the City of Lubbock, Taxas met gt 9:3Q o'clack a.m. in �he reguiar meeting place i�t the Central Fire Station, the iollowing members thereof, being present, to-wit: � Mayor Pro-tem Vernon E. Thompsan and Commissioners Otis Maner, W. C. 0'Mara and Frank H. Chappeil, Jr. City Attorney Fred 0. Senter, Jr., City Managar H. P. Clifton, Assistant Qty Manager Fritz Lanham, City Secretary-Treasurer Lavenia Lowe. Absent; Mayor Davfd C. Casey. 51-20-200-528 Invocation was given by City Manager H. P. Clifton.. 61-20-200-529 Motiion by Cou�issioner 0'Mara, seconde� by Cammi.ssi.oner Maner, motion ca.rried, Mayor Pro-tem Thompson and Co�issioners 4'Mara, Maner and Chappell vo�ing Yea, none votiing Nay, to approve Minutes of Cit y Co�nission-Regu].ar Me�i,ng heid June 8, 19b1. 6i-20-200-530 Motion by Co�issioner 0'Mara, seconded by Comati.ssioner Ma.ner, motion carried, Mapor Pro-tem Ttiompson and Co�issioners 0'Mara, M�aner and Chappell voting Yea, none voting I�ay, to approve Minute of Accounts A1lowed. VOUCHERS TO BE CRECKED BY COM�IISSIOI�IIt W. C. O:MARA �or April & May, 1951 Genexal Reserve & Insurance �auium Payment Sewer Pro Rata S�ecial Water & Sewer �.ina �xtension Audi.�orium Operati.onal Corporation Court Escrow Undistributed Tax City Specia�. (BCD) Waterworks Rev�nue Water Pro Rata 19b0 Waterworks System Sanitary Seraer Stxeet Li.ght Municipal Warehouse Street 7.znprove�nent Fi.re Station Traffic �ight City Hall Building Storm Sewer Interest & Sinking Park Worki.ng Capital Airport 1956 Waterworks (Electric) Eiectric 4067-4979 83- 109 Z32- ib7 3� 34- 37 325- 368 35- 37 36- 43 11— 12 842-101.4 1l.- 1.63 32�- 421 155- 163 35- 50 47- 50 254- 31.7 29 16- 23 100- 122 l08 - 131 25- 29 241- 279 I$12-2335 315- 393 45- 60 962-11.90 •6I-20-200-531 Motion by Co�issioner Chappell, seconded by Commi.ssi.oner Maner, motion carried, Mayor Pro-tem �ho�upson and Car�nissfa�ers Maner, 0'Mara and Chappell voting Yea, none voting Nay, �hat Qrdinance I�o. 3490 be passed on secand and �inal readi.ng. ORDINANCE N'0. 3490 Ai�1 ORI}INAN'CL AMEND�i�G ZONING QADINAI�CE N0. 1b95 ANA THE OFFICIAL MAP OF THL CITY OF LUBBOCK SO AS TO MAK� TH� FOLL(IWIIdG C�ANGE : ZOI�$ CASE N0. 919 : CHANGE CERTAIN PitOPERTY LOCATED AT TFE NORTHWEST r+ni7*rtin nL� Cf1Tv CMD1T77T h*7T A�7TTAttTL' Si L+9f11ut ANT ��A_1 �� TC1 AAT 1�A_A11 �n�rrarr_ nrcTurrT 1� � .d � � �� i� ,�UN 22 �961 Accept the bid of Hoover $rotihers Iacorporated for purchase of items 2. Accept Che bid o� 14e Ba.ker Compaay for purchase of itiems 5, 6, 7& 9. Accept the bid of Advance Equipment Comgany for purchase of item �. Accept tt�e n�u �� .,., _ �_ . � 8• 51-20-209-Sb3 Motion by Cammfssioner 0'Mara, seconded by Co�issioner Chappell, motion carried, Maqox Pro-tem Thompson and Corm�issioners Maner, ��Mara and Chappell voting Yea, none voting Nay, that Ordi,nance No. 3522 be passed on fixst reading. . G1-20-209-564 Motion by Cou�issione� 0'Mara, seconded bq Commissioner Maner, motion carried, Mayor Pso-ten Thrnupson and Ca�issioners Maner, 0'M,ara and Chappei� voting Yea, noae voting Nay, to autihorize IIacation of approximately 150 feet of the Service Road on the east end lqing aiong the nort� side of 50th Street a� �he Northwest c T� ar �f 50th Street and Knoxville Avenue, pro vided the property owners wi11 pay far the reworking .and �( o� the �erv3ce road now con,nec� w��h 50th Str�et. ORT7INANCE N0. 3523 A�T APPRQPRIATION ORDiNANCE ' WH�REAS, the City l:ommission of the Ci.ty ot Lubbock finds it is necessary to d��,.u�,��_.. specific funds out of bond funds for an approved projecC, and this ordinance deals with the dazly operation of City departments in the public interesti whz.ch creates an emergency; NOW, xI3.EREFORE: BL �T ORDAINEA BY xHE CITY COi�giISSION OF THE CxTY OF LIIBBOCK: There is hezeby appnpriated o�t � the following described bond fund, ro-wi.t: �traet Ymprave�ent Fund TIiE stuu $9, Q00.00 � l 1. City's Par� 2. Intersectiat� SOth 3. 4'wide medfan Change Order �1 Major Street Paving Program Gwa 10,285 Contract of June $, 19bi T0: Kerr Paving Co. ORDINANCE N0. 3522 AN ORAII�iANCE AMENDING SECTIO�� 2Q1, 1603 a:�c� 2205 OF THE CODE OF � ORDII�ANC�S OF THE C�TY OF LUBBOCK, xEXAS, SAiD SECTIO�IS APPL�AR�NG II�T THE $UILDING CODE �N WLLIME II OF SAIA CODE 4�' ORDIIZANCES, ALLOWING BiTILDINGS OF TYPE LV C4NSTRUCTION TO BE HtECT�D OR CONSTRUCTED II3 FTRE ZONE N0. 2 iJi�I�ER OONDITIONS SPEC�IED: AUTIiORIZING SFgCIFIED �YPE V$UILDTTiGS TO HAVL EXTERIQR WALL STLiD SPACINGS OF TI�E DII�IJSIQNS HERETNBEiAW MORE PARTICt1LARLY DEFINED: PROVID� A PENAL�'Y: PROVTDING A SEVLRAB�LITY CLAi�: D�REC�I�IG � PUBLICATION OF TftIS ORDIN.4A[CE AI�ID PRWIDI�G AN BFI�EC'�IVE DA7E . 61-20-209-565 Motion by Coaomissioner Ma.ner, seconded by Cou¢aissioner 0'Mara, nuotion carri.ed, Ma.yor Pra-tem Thompso�x and Commissioners Ma.ner, O�Mara and Chappell voti.ng Yea, none voCi.ng Nay, that Ordinance No. 3523 be passed as an �erp,ency measure. For the �ollowing purpose: To pay the City's portion o� paving cost on South half of 50�h 5treet Coliege Avenus to Avenue W $9,000.00 b1-20-209-556 Moti.�n by Commissioner Maner, secortded �y Co�nisszoner 0'Mara, mvCion carried, Mayor Pro-tem Thompson and Commissioners Maer, O�Mara and Chappell voting Yea, none voting Nay, Lo authorize Change 4rder No. 1 to Major Street �aving Prog�am, G.W.O. 10285, in the am�unt of $I3,000. Paving Lon[ractor is Kerr Paving Co:upany. $4,500.00 z,00a.va 2,300.40(Ci.ty Forces) $�,000.ao Originai amount of contract NeC amount t�is c.aange oxaer Li�ouriL O� c:u�ll.ta�:L �.._v� �- ��- � Origina� completion date Additional time due khis change Comple�ion date inc�.uding this change � $72,947.50 �3,000.ao $85,947.50 September 1, 1961 Na Days September 1, 19b1 IN WITN�SS ��E�OF> the Owner and the Contrac�or have se� their hands this 26Ch day d� June, 3�961. � KERR PAV�NG C0. CITY OF LU�POCK OC+TNER BY � � �'�, '�,,;^ .�.�' ` 3ames Kerx BY Davi.d C. C sey, Mayor � ATTEST:- 61-20-209-566-aMotion by Commissioner Maner, seconded by Co� ssioner�l'�r�,mo i nac�rried, Mayor pro-Cern Thomps�n and Cammissioners Maner, 0'Ma.ra, and Cha�pell voting Yea, none voting Nay, that ordix►ance No. 3525 be passed as an emergency measure. ORDINANCE I�O. 3525 AN AI'PR�PRxATrON ORDINANCE WHEREAS, the City Commissi.on of the City of Lubbock finds it is necessary to appropriaCe certa�.r� speci�ic funds out of bond iunds for an approved proj�ct, and this ordinance deals wi.th the daily operation,bf City departments in the public intierest which create s an emergency; NOW THEREF'ORE: �� .![J�V 2 � �a�� _ ,1i�{V � � fa�� ; b�-24-2�.0-565b Mntzan by Commissioner Maner, seconded 3�y Co�nission,er a'Maxa, motion carr � d, Mayor Pro-tem Thompson and �ommissioners Maner, 0'Mara, and Chappe�'- vv�ing Yea, none voCi�tig Nay, that ordi� nce No. :i�26 � be passad aa an emerge�acy measure. AN APPROPRIATZON ORI)INANCE NO Fi]�'�iER BUSINESS GOMTNG UP FOR COlVSIAERATION, CITY COMMISSEON RECESSED FROM REGLTLAR MEETING JIIN� 22, 1951. Passed and a�roved this day of 3�1y, 1961. WHLR�AS, the City Co�nission of the City of Lubbock finds it i.s necessary to a�opriate ccrtain speci�ic funds our of bond funds for an approved project, and this ordinance deals wit� �he daily � opexation af City departmet�ts in tn�pub�ic iaterest which creates an emergency; NOW, THEREFORE, 1 � BE XT ORDAINED BY THE CITY COMMISSTON OF T�IE CITY QF LUBBO�K: There is hereby appropr_ated out of the �ol.J.owing descri.bed band �und, �o-w�t: �ark �o�� F'urd THE sum $4,833.99 For the � Ilowing purpose: To p�rchase furniture to be used in Hodges and Lou Stubbs Comm�nity Center , 0 AT�TEST: RECESSED REGULAR MEET IlVG: I3avi.d C. Casey, Mayox aRDINANCE N0. 3525 June 27, 1962 Lubbock, Texas The City Commission of the City of Luhbock, Texas, rnet at 3�:30 o`clock in Recessed Regu�ar Session recessed irom Regular Meeting ,Tuua 22, 1961, in the regular ut�etir►g place in the Centxal Fire Station Bwl�ing, the iotiow�ng members thezeof being present, to-wi.t: Mayor David C. Casey and Commissioners Frank H. Cl•e ppe21, .Tr. W. C. 0'Mara, Otis M,�er, City Attorney Fred 0. Senter, Jr., Qty Manager H. P. Cli.ftvn, Assi.stant Ci.ty Manager Fri�z.Lanharn, City Secretary- Treasuzer Lavenia Lowe. Absen� Commissioner Vexnon E. T}zompson b�-20-21.0-567 Motion by Commissioner 0'Mara, seconded by Commissioner Maner, �oti.on carried, Mayor Casey and �om- m�sszoners Maner, O'Mara an� Chappeli voting Yea, none voting Nay, ta authorize acquisition, by con- c�emnation, from Sam Lyta2, et ux, �and as described below, for Rzght-of-Way �ar Loop 289, the Special CoaQnissioners in conde�ation in the case of the State of Texas vs. Mr. Lytal, awarde� him $8,OQ0. F IELD N0� S Parcel 23$, Loop 289, 5am Lytal 0.293 of one acre of land, being out � and a part of that certain 1.$24 acre tract out of Sectio-� 15, B1oCk A, Lubbo�lc Co►snty, Texas, w�.ictt 1.824 acre tra ct was canveyed to Sam Lytal by deed dated �4 Ma.rch 19�9, of record in VoJ.ume 3J4, Page 294, De�d Records af Lubbock County, Texas, which u.2y3 ox one acre nf land being more parti.cularly descri.bed by me�es and bounds as f oJ.�ows: �EG�DINI�;G at the 5outh carner of said tract, said point being 3250 �ee� �:ast and 106;.8 feet Sou�h o� the :�orthwest corner of sai.d Section I5, sai� point being als� Che poznC of intersection of the Northwest right�-way line of U.S. Highway 87 and the West �oundary iine oi said tract; TiiENCE northerly 248.8 feet along the West boundary line of said tract, to a point; THENCE 5 51°l�9'E, 130.6 feet Co a poznt; THENCE [� 38°41'�, 4.b feet to a point in the Northwest right-a�-way line o� U.S. Hignway 87; THEiVCE S 3Z°33'W, 200.4 feet along said highway right-af-way Zine to the place of begznni.ng. 61-20-210-568 Motion by Cornmissioner 0'Mara, seconded by Commissioner Maner, tnotion carried, Mayor Casey and Com- z�.ssianers Maner, 0'Ma.ra and CHappell votirg Yea, none voting Nay, that Ordxnance No. 3524 he passed as an etnergency �easure. ORD�NAIVCE tip. 3524 AN APPROPRIATION ORDINANC� � WHEREAS, the Cfty Cowmissior► of the CiCy of Lubbock �inds it is necessary to a ppropriate cert�in speci£ic funds ont of bond funds for an approved project, and this ord�nance ueals wi.th �ne aaiiy ppera-L�o� o� City departments in the public interest whi�h creates an emer�ency; NOW, THEREF�71�:, BE IT ORDIINED B'Y THE CITY CONfMISSION OF �ii� �ITY OF Li18BOCK: �here is hereby approgriated out ot the iolZowi.ng described'bond £und to-wir: Street �mprovement T1iE sum $8,400.00 pZus $75.00 �$8,075.Oi� total amoun� For the fol�owing puzpose; Ac�u9.re ParceJ. 238, LoqP 289, fro�n �am l.ytai and wi�e Estelle Lytal by conde�nnation. 5pecial coz�snissioners award �8,0OO.OQ pi.us $75.00 filing and legal fees, 61-20-210-569 Moti.on by Co�mi.sszoncr 0'Mara, seconded by Comm?ssioner Ma.ner, raoti�n carried, Mayor Ca� y an3 Com- missioners Maner, 0'Mara and Chappell voCing Yea, none voting �ay, �hat tne tol��+ing Resaiutior� be passed. RESOLUTION WHEREAS, heretofore on the 6th day of Decetnber, 196�, the CitycE Lubbock entered �.�to a Lease 4ption Purchase Contiract wi.th Lyzxnmark �nvestment Company, a Corporation; and, e � i r. � . .., �� ,l�1N � � �aa� WH�REAS, the Ci.ty �o�aission furthez �'inds that the Lynnmark Investment Company has fu11y comp?�ec' with the terms oft said Agreeu�en�, �IOW THEREPORE: BE IT RESOLVED BY THE CI7.'Y CQMMISSION OF THE CITY OF LUBBQeK: THAT the sale by the City af Lubbock of a11 that certain parcels and tracts of Zand sit�ated in Lubbock County, Texas, more particula�.y described as £olbws, to-wit: All that part of Survey No. Seventeen (17) in block D�S, E.L. & R.R.R.R. Co. Surveys i� Lubbocic County, Texas, certificate No. 1244, pa.tented to Charles H. Kent assi.gnee, Patent '�a. 2, Vo].. 53, �ying South of the San ta �'e Rai].road Company �ight o� way and contai.ning 530.23 acr�s of la�id more or less; and, AJ.1 of Sectiion No. Eighteen (1$) , BZock D-5, EL. � R.R.R.R. Co. Surveys in Lub� ck County, Texas, Certificate No. ].244, pateMted to B. 0. McWhorter Patent No. �3$, Vo1.�9, and �ontaining b40.52 acres of land more or less. Save and �xcept that certain 17,166 acres described as the Microwave 5tation Site and the Reservoir Site referred to and descri.bcd in Ghat certain option Contract af S�ie datied December 6, 1960, between rhe � City of Lubbock and Lynnmark Investment Com�any and being the same Contract as that heretofore re cem- mended hy the City Comu►issian b� and the samc is hereby approved and that tte Mayor of the City o£ Lubbock be and is haxaby authorized and directed to execute and deliver on behaif of the City of��Lubback that certain conveyance to Lynamark I�vestm�z�t Compay and its assignecs Buddy K. Hughes Land Company, a Carporation, and the Willijak Corporation, which is attached hereto and is hereby approved; and furtiler be it resolved that the City Secretary be and is hereby authorized aad directed to attest such execution and as evidence tt�areof Che sea1. o£ tha City of Lubbock is to be affixedthereto. Pasaed by the City Commission this 27 day o,Tune, 19bJ.. * � , David C. Casey, Mayor A1"xEST: r Laveni.a we, City Secretary�T�casurer THE STA� OE TEXAS COUNTS� OF LUBBOCK DEED KNOW AI.L MEN BY THIsSE PRESBNTS: that the CITY OF LUBBOCK, �ome rnle municipal corporation, actfng hexein through the appropriate authorit�r vasGcd in i.ts Mayor, and hereinaftcr called grantor, for and in consideration of the sum of ONE HUNDRED FOURTEEN THOUSAND SIX HUNARED 1'HREE AND 40,1104 ($114,603.40) DOLLARS paid and to be paid by LYNNMARK INVESTI�NT COMPANSF, A Texas Corporation, �uddq I. Hughes Land, Co., a Texas Corparation, and W�llo,jak Corporation, a Texas Corporation, herein- after called grantee, a11 of Lubbock County, Tcxas, as folbws: TWENTY EIGHT TfiOUSA�ID SIX HUNDRED FIFTX AND 85/i00($28,650.85) �OLLARS, cash in hand paid by grantees to grantor tihe receipt of which is hereby acknowledged; $85,952.55 as evidenced by ane installment vendor't lien note in said principal amount beariag 6% ir�terest �rom .Tanuary 10, 1962 until uiaturity and beariag ZO% after maturity, with i.nterast payable annually on the principal install.ment paymcnt dat� s, and with principaZ install.m�nts in the amount of $17,190.51 �ach, due and payabZt on or before the 26th day of .Tuna, 1962, and on the same day of each year $�ereafter until the full amount of principal and int�re�st is paid. Said note is further secured by a deed of trust to Fred Senter, Truste� and i.s Qayable ta the order of the City o£ Lubbock, at Lubbock, Texas. The prepay�n�nti of said zzote in who�e or in part may be made to anq extent and at aay ti�te without p�nalty, by payi.ng not less than $1,100.00 princfpal at any one t�ae, together wi�h 6% iaterest thereon to the date of payment. AI1 pYe payments so made s�all be applied upon the next maturing installments of the indebtedness. Release privileges of ttte sec�rity herein provided sha].�. be as fo�Iows: Upon the payment o� the principal, wt�ether prepaid or at maturity, of an amount equal to $I10.00 per acre, together with interesC thereon to the date of payment, shail entitle tite grantaes herein, the�r heirs and assigns, to a release of any pQ tion of the premises herein dtscri.bed at the rat� of one acre �r each $J.I0.00 principalglus interest th�reon paid, with a min�mum oE ten acres at a time. HAVE GRANT�D, SOLD AN17 CO1�V'EYED AND by these presents do grant, wll and convey, �n�o said Lynnmark� Investment Company, a carporation, Buddy K. Hughes Land Ca., a corporatian, and Wfilojak Corporation, and share and shaxe a�ike, as to each, alI thatccertain parcel and tracts of iand situated in Lubbock County, Texas, and further described as follows to-wit: AlI that certain parcels and Lracts oi land situated in Lubbock County, Texas, and being �u3ther described as �o�iows, ta-w�t: AlI that part of Survey No. Seveateen (17) in Block D-5, E.I�. & R.R.R.R, Co. Survey�s in I.ubback County, Texas, certific�te No, 1244, pater�d to Charlcs H. Kent ass�gnee, Patent Ho. 2, ol. 53, ly'i.ng South of the Santa F� R ilroad Compaay right of way and containing 530.23 acres of ian� more or less; and � All of Section No. Eighteen (I$), Block D-5, E.L. & R.R.R.R. Co. Sur.veys in Lubbock County, Texas, Certa.fi,cate Ho. 1244, pate�d to B. 0. McWhorter Patent No. 638, Vol. 39, and containing 640.52 acres of Iand morc or Iess. This conveyance is made subject to the outstanding one-fourth (1/4) royalty rescrvation made in a deed from Lon A. MuZlican to P. G. McKiriley, daCed Octaber 11, 1948, recorded in Vol. 375, page 241, of, the Ae�i Records af Lubbock County, Texas, as said reservation was corrected and clariEied by an agreement dated I�oveinber 1, I9S2, and executed by T. L. Mullican, eZ a� and recorded in Voi. 4$6, Page 269, of tite Deed Records of Lubbock County, Texas. This conveyance is iurther �de subject to ttne one-half (1/2) min�ral iateres� reserved to W, A. Maddox and wxfc, Frances Maddox, and W. V. Maddox and wife, Margucrite Maddox, in a deed fzn m such graato�s . r� � . + r_ ._._ + . .7_..._.7 �t _ e�L a.._' _� s..�_....�...� 1 f1C9 .....1 ............i...l ... �T..l.....w /.S2Q h4PrA 1 Gri nF t}�a / IY � �/� JUN � 7 �� described lands that are expressly reserved to the C+rantors herein, their heirs � assigns, together with aZl other rights, to execute oil, gas and other mineral lease� and to receive the payments of bonuses and delay rentals therefor that are not expressly conveyed with this land and that are not outstanding at this tirne. This reservation is a resarvatzon under the existing oil and gas lease and the sauEe is znade after tl�e expfration of any existing oi]. and gas leaeas upon the abave described lands." Grantor hereby expressly res�es and excepts from this conveyance, and does not convey the following described lands and pemisas or ar►y minera� estate or interest ffierei.n, which are a part o£ ehe lands above described; TRACT ON�: MICROWAVE STATT013 SITE AS DESIGNATED BY THE CITY OF LITBBOCK: BE�INNING at a poi.nt in the present South Right of way line of the highway which is 2055 £eet iVorth of the Sautheast corner of Secti.on I7, B],ock D-5, Lubbock County, '��xas. THENCE South in the East line of Section 17 a distance of 100 feet; TH�ICE West 950 ieet; T�iENCE North 1069 f�et to a poi.z�t in the present South right of way li.ne of the highway; �HENCE Southeaster3.y along the South right o£ way lirze of Che h�Lgltway, a di.s[ance of 1356.99 feet to the place of beginning, containing ].2.747 acres of Iand; TRACT TWO: R�SERVOIR SITE BEGTNNING at the Southeast corner of Seceion 17, Block D-5, Lubbock Couty, Texas; �HENCE Narth in Che East line of Secrion 17, a distance of 350 feet; THENCE West 550 ieet; THENCE South 350 feet to a point in the Sou�h line of Section 17, Block D-5; THENCE East along the South �.ine of Seetion 17, a disCance o£ 550 feet to t�e place of beginning, containing 4.�19 acres ok xactd. This conveyance shall likewise he subject to the iollowing express reservations and covenants: (�) Grantor expressly reserves a11 nr�derground waters, except as heraina£ter descrzbed, and rese�ves its ex:Csti.n� watex supply fa�i].i�zes, rae11, pumps and lines, and a perpetual easement termina3�le only as herein provzded ror tha oontznued eaistence of a1I of said lines, wells and pumps, an� the zight of ingress and egress to operate, maintain and/or reconstruct any p�rtion or a1�. o.E i.�s waC�r faci.li.ties included but nor J.i.mited to e].ectric suppl.y lfnes a�,ang khe easements h�rein provide�, There sha1Z be resexved al.ong the existi.ng water supply faci.�i.tzes of the City of Lubbock, a perpetual easement texznina�Ze only upon surrender as herei.nafter described of ingress and egress to operate, maintain and recoz�struct any portzon or aZl of its water suppiy facilities including, but not limited to eLectrical supply lines and roads, toge�hex wi�h ease�nent for the m ntinuance in such I.ocation as now Iocated of such facilities. Such ease�ents may be p�aced i.ns�.de a publi.c way in the future pla�ting of the lands provided such platting does not interfere with the operation of existing water facilities or requi.re remova� or relocation of any taciiiLy ��-,: :�r her�ait^ placed on sai.d land. �2) �nsofa� as grantox has authorzty to do so as to �he mineral interests being conveyed, there is imposed thexeon the covenant as to oi.i, gas and other minerais that the premises may be developed anly npon, the rerms and pxovisi.ons o� Ordinance 2939, o� �he City of Lubbock, which shall apply to this land by this covenant running with the 1and. (3) Grantor anticipates the necessity to use and there�ore re-purchase not tnore than five acres of iand hexei�a�ove described, sometz�ne in the fu�►sre, o�ly ugon th� fol.lowa.ng pravisions, however; Such acreage wi1l be repurchased in trac�s of size 40 feet by 40 feet wa.tih one side o� ehe tract Iying/�°8�e ot �he water line easements her�in created and now existing on t�e ].and. �he City Engineering Department map dated August 6, 1953, fi�e No. 3D-75, is here referred to and made a part he�reof, designa�ing the agproxima�e location on the premises of the watex lines of Che Ciky of Lubbock for pnrposes of specific locations of 40 feet by 40 feet rrac�s as may be repurchased within the five acre toCal l�.mit to be Later selected, part of the reservations and covenants herein ma�e, binding upon the heirs and assigns ot each grantors and granLe�s, te�e �izy may ouy ana gran�ees, Ghe�r rie�r� ac�.. a� _.g�. agree ta se11 and cause to be sold, a maximu3m of sazd five acres of iand in tracts o� 40 feet by 40 feet as above �esignated speci�icaT.�.y. The xepurchase price sha�l be $100.00 per acre (ar prorated per square �oot) plus 6% interest €ram the date of this deed, to the �ime when separate repuechases are so required and made by grantor. Furthermore, it is understood and agreed that �cahen grantor, by resol.uti.on, si�all have while owning all wates rights, abandoned a11 par�s af the Iand for water production, then a1.�. unexercised optzons of �epurchase and aIl easements on alI water lines and water faci3�ities on iocations on the land are thereby abanaoned and sha11 ter�ninate; sub�ect, however, to the right of the e��y to remave the pipes, �ines, pumps and equipment trom the premises. Howe�er, a sa�e by grantor of any parC vx all of the water rights expressly hereby reserved sha21 not cons�itute an abandanment. Z'�-ie easements and options to purcnase herein provided shali not terminate part�a].ly, but shall all ter�inate as ta unexercised portions only when water production is who�l.y abandoned on al.l of ttte Iand. Upon such termination as AZOYdSnLU� grant�r �uay �e�no e i�s ::dr_i � n-s ay o� its pptipn, convexC the same inGo waCer distributi.on use for which purposes an easement shali continue in Favor o� tne grantor. (4�) Grantor expressZy hereby reserves and retains all water rights under t�e Iands hereinabove described with full right and autharity to produce the same for the water supply of the C�ty of Lubbock and for any other purposes and with the right to se1.1, transfer and assign any and ali of such water rfghts, excepC tihat there is hereby granted by grantors u�tto grantees, its successors and assigns, the use of underground water for domestic purposes of noti to exceed 28 domesCic wells on the entire trac� herein conveyed, with notunre that �i.ve dotnestic wells on any forty acres hereof, and witit a domesti.c we13. bei.ng exclusively de�ined as any weil fox any p�rpose not allowed to produce and be used therefrom of more than ten gailo�s of water per mznute. Grantor turther covenants and agrees hereir� to sell water upun the Lands and premzses herein described for domestic and indnstrial consumption at not more than the ordinanced water rates in effect ia the Ci�y oi i.uhbock �rom time to time. The de�iveries of water wi�hin such area are to be made by grantor from the reservoir or p�ts designated by the City of i,ubbock, and are iimited to an aggregate maximesm o� two n�i.].1:Con (2,00O.00Q} galbns per daq for tihe entire area herei.n desczi.bed. At the aption of grantor, when the area herein described ia incox'pox'ated into any ntunicipal city carporation, grantor may t�rutinate its obligation herei.n £or sales nf water by grantor for use on sai.d �resnxses as her�i� described, No underground water shall be used for irrigati.on on any par� of �his ].ar�d by gxantees, their heirs or assigns, so long as the City o� Lubbock, or its successors and assigns, shall have retained and not abandoned the water rights or any part thereof, which are hereby retaineci. The disposa�. of all �waste marari.a�, at�d taasta water sha1l be inacco�nce with the regulati.ons af the Department of Health of the State o� Texas � order to eliminate poi.luti.on and oontamination o� the undergrounc� water formation. 'I,�I l � �it� .t►�+�r 27 ;961 T�iE STATE QF TE7�AS PARTIAL RELEASE caurr� o� �.�ssoczc � V. Fox and in consideration of the sum of SI�TEEN THOU5AI�iD T�EE HiTNDRED SEVENTX SEVEN AND 9a/Z00 ($16,377.90) DOLLARS paid and appZied upon a certain vendor's lie�t and de�d of trust i.nst�llmer�t note in the original principal sum of $85,952.55, described in warranty deed from thc C�TX OF LUBBOCK, a Municipal Corporation, to LXNNMARK INVESTMENT CO., a Texas Corporat�on, Bi�DDY K. HUGAES LANA CO., a Texas Corporation, and WILLQJAK CORPOi�AT�ON, a Texas Gorporation, cov�ri.ng the lands and pr�ises in Section Seventeen {i7) and E�ghteen (18), B�ock D-five (D-5), E L and RR Company Survey in Lubbock County, Texas, dated the 27 day ofr June, 1961, and pursuant to the � lease cZause thexein contained, the CITY OF LUBBOCK, a Municipstl Carporation, has released, disdtarged and does hereby rclease gnd diacharge from t�ie vendor's lien and deed af trust lien so described zn said deed, (But without pre3udice ta the remaining security tharefor), the following dascribed lands: A11 that certai.n lot, tract or parcel o£ land lying and situated in the Count}r of Lubbock, State of Texas, and being more fully described as iollows: FIRST TRACT; A 114,4�9 acre tract of 1a�d �ocated inSection Eig�iteen (18), Block D-Five (D-5), Lub- back Caunty, Texas, described by metes and bounds as io7.�ows: BEGII3NING aC a point whzch bears east 300 £eet from the northwest corner of Sec�ion 3.$, B1ock D-5; THENCL East aFong the nor�h line o£ Section 18, Bl.ock D-S, a distiance o£ 3839.5 feet; TH�I+iCL South 155 feet to a point of curvature; THEI�CE Southwesteriy arouz�d a curve to the right witih radius of 314.1 fe�, tangent length o£ 50 fest, delta angle of 18°05'25", a chord Iength af 98.75 feet; THENCE South Z8°05'25"West a distance of 1993 feet; THENCE North 71°�9'35"West a distance of 1589 feet; �ENCE North 38°20'35"West a distance of 884 feet; THENCE �Iorth 56°11'35"West a distance of 13$0,3 fet; THENCE I�orth 190 £eeti to the place of beginning. SECpIdD TRACT: A 34.40 acre tract of land out of Section EighCeen (18), Block D-Five (D-5�, Lubbock, Gounty, Texas, d�scribed by metes and bounds as fo�.lows: BEGII3NII3G at the northeast corner of Sectian 18, Black D-5; TIiENCE South 386.2 £eet; TIiENCE South 23°03'S5"West a distance of 1266.5 �eet; THE1�iCE North 71°54'35"West a dxstance of 950 feet; TflENCE I��th I$°05'25"East a distance of 1030 faet to a point ot curvature; THENCE Northeasterly around a curve to th� left with radius oE 394.1 feet, ta�zgent iength o€ 62,73 feet, delta angle of 1$°OS'25", a chard length af 123.9 feet; THENCE Narth 155 feet to a p�t in the nort�. Iine of Section 1$, B1ock D-5; �NCE East along tihe north ].i.ne of S�ctian 18, Block D-5 a d3.stance of 10b0 feet to the place of beginning. EXEGUTEA this 27th day of June, 1961, at I�ubbock, Texas CITY OF UBB4C � • `� . BY � David C. Casey, Mayor ATTES . i �f�/�rr � Laver►ia Lowe, City Secretary r� i � � 61-20-213-570 Motion by Co�issioner Man�r, seconded by Couan�ssionex 0'Mara, motion carried, Mayor Casey and �om- missioners Maner, 0'Mara and Chapp�ll vot�,ng Y a, none voting Nay, to authorize payment ho Canadian � River Municipal Wa�er AuChori.ty $10,377.30 (being thirty cents {30�) per water meter, o.f a total of � 34,591 water meters). Payment befng hereby aut�tori� in the amount of $5,188.65 July 1, 19b1, and $S,I88.65 .Ianuary 1, 1962. 61-20-213-57Z Motion by Couunissianer Cltappell, seconded by Commissioner Maner, motion carred, Mayor Casey and Com- missioners Ma.ner, 0'Mara and Chappell voting Yea, none voting Nay, to authorzze publication of Notice of $udget Hsaring to be held at 1i:00 o'clock a.m., August 24, 1961 in Che CentraZ Fire Station Assembly Room. NOTICE �F SUDGET HEARING NOTICE is hereby given �� 11:00 o�clock am., Auguat 24, 19b1, in the City �aa�missioa Roo� 1ocaCad at 503 Avenue R, �entxa� gire Station Buildi.ng, in Lubbock, Texas, t�ere will be iteld by the I�uhbocic City Commission a public hearing on C�ty of Lubback Budget covering the fiscal year beginning October 1, 19b1 and ending 5epte�ex- 30, 1962. S�id Budget kxaving been filed with the City Secretary-Treasurer fox public inspection on June 27, 1.961. By order o� the City �ommission tiha.s 27t day cf June, 19b1. � � r � Lstvenia Lawe, C�ty Secretary-xreasurer City of Lubbock, Texas 61-20-213-572 TEie City Commission considered a"stepped up" enforcement campaign by the CiCy cf Lubbock Police Department and Corporation Cour� in an effort to prevent tra£fic accidents and deaths i.n the Ci�y 2imits of the City of Lubbock a�nd appro�ed the following six recommendations o� the c�ity of. Lubbock "Staff" , also to approve the recommendation o£ the Corporation Court Judge that he incresse certain fines o€ the traffic vzo].ators, The reco�aendati.ons adopted 8se as follows: 1. The Po�ice D�partment be instructed to s�ep up enfox��nent of all traffic Iaws. 7 TR.w Citte�r�a TrofFir f'.n��nril ho aak�r3 tn rnnstirlAr lCPtr�710 ilfl a rT3f�lC S8�fltV nro¢ram d:Lrected 4. The Corporation Court send letters to parents of Juveniles romiving tickets notifying them of the traffic violation. 5. The Corporation Court judge consider revising the traffic fine schedule. 6. City cars be painted the same color as police patrol cars. 61-20-214-573 Motion by Commissioner Chappell, seconded by Commissioner Thompson, motion carried, Mayor Casey and Commissioners Maner, O'Mara, Chappell and Thompson voting Yea, none voting Nay, to approve request of Caprock Club in South Lubbock to block off a portion of 65th Street f m m Calton Avenue, east to the Caprock Club Swimming Pool, from 5:30 P.M. to 6:30 P.M- July 1, 1961. (Commissioner Thompson being pre- sent at this time) 61-20-214-574 Motion by Commissioner Chappell, seconded by Commissioner Thompson, motion carried, Mayor Casey and Commissioners Maner, O'Mara, Chappell and Thompson voting Yea, none voting Nay, to approve the request of residents in the area to block offthe 4200 Block of 52nd Street between the hours of 6 and 9 o'clock P.M. July 1961, for a neighborhood picnic. NO FURTHER BUSINESS COMING UP FOR CONSIDERATEN, CITY COMMISSION RECESSED FRCM RECESSED REGULAR MEETING JUNE 27, 1.96le to meet June 30, 1961. READ amd amroved this 27thdav ot. Ju1v. 1961. ATTF, L enia Lowe, C ty Secretary RECESSED REGULAR MEETING: David C. Casey, Mayor June 30, 1961 Lubbock, Texas The City Commission of the City of Lubbock, Texas, met at 9:30 o'clock a.m, in Reessed Regular Meeting, recessed from Recessed Regular Meeting June 27, 1961, at the regular meeting place in the Assembly Room of the Central Fire Station &ilding located at 503 Ave. K., Lubbock, Texas, the following members thereof being present to -wit: Otis Mayor David C. Casey, Commissioners/Maner, W. C. O'Mara, City Manager H. P. Clifton, and Assistant City Manager Fritz Lanham. Absent: CommiFie$ errser ernon E. Thompson, Frank H. Chappell Jr., City Attorney Fred 0. Senter, and City SecretarylLavenia Lowe. 61-20-214-575 Bid; were received for purchase of an economy pickup for the Fire Department being Bid No. 6045. Bid Tabulation set in Bid Book. After consideration of all bids revived, motion by Commissioner O'Mara, seconded by Commissioner Maner, motion carried, Mayor Casey and Commissioners Maner, and O'Mara, voting yea, none voting Nay, to accept the bid of Lubbock Auto Company for purchase of this economy pickup. 61-20-214-576 Bids were received for purchase of Insecticides for the Health Department being Bid # 6043. Bid Tabulation set in Bid Book. Accept the Bid of Thompson -Hayward Chemical Co. for purchase of items 1,3,& 4. Accept the Bid of Agricultrual Specialties Company, Dallas, for purchase of item 2. After consideration of all bids received, motion by Commissioner O'Mara, seconded by Commissioner Maner, motion carried, Mayor Casey and Commissioners O'Mara, & Maner, voting Yea., none voting Nay, to accept the above bids. NO FURTHER BUSINESS COMIN8 UP FOR CONSIDERATION, CITY COMMISSION ADJOURNED FROM RECESSED REGULAR MEETING, June 30, 1961. Read and approved this 27thday of July, 1961. ATTEST: /l Lave is Lowe, City Secretary David C. Casey, Mayor