Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 8/10/1961273 AUG 1 U 196f REGULAR MEETING: August 10, 1961 Lubbock, Texas The City Commission of the City of Lubbock, Texas, met at 9:30 o'clock A.M. in the Assesibly Room of the Central Fire Station, the following members thereof being present, to -wit: Mayor David C. Casey and Commissioners Otis Mauer, W.C. O'Mara, Vernon E. Thompson, and Frank H. Chappell, Jr., City Attorney Fred 0. Senter, Jr., City Manager H.P. Clifton, Assistant City Manager Fritz Lanham and City Secretary -Treasurer Lavenia Lowe. Absent: None 61-20-273-705 Invocation was given by'City Manager, H.P. Clifton. 61-20-2$3-706 Motion by Commissioner Thompson, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Commissioners Maner, O'Mara, Thompson voting Yea, none voting Nay, to approve Minutes of City Commission as follows: Recessed Regular Meeting held July 21; Regular Meeting held July 27; Recessed Regular Meeting held August 3, 1961. (Commissi6ner Chappell being absent at this time. 61-20-233-707 Motion by Commissioner O'Mara, seconded by Commissioner Thompson, motion carried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, that Ordinance No. 3531 be passed on second and final reading. (Commissioner Chappell, being absent at this time) ORDINANCE NO. 3531 ORDINANCE 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. 923: CHANGE LOTS 13 THROUGH 20 INCLUSIVE, BLOCK 1, HOBGOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1- 'W A 11C�­2" ZONING DISTRICT. (SAID PROPERTY BEING LOCATED ON THE NORTH SIDE OF 35TH STREET -TN THE.3600 BLOCK). SUBJECT TO CONDITIONS: 61-20-273-708 Motion by Commissioner O'Mara, seconded by Commissioner Thompson, motion carried, Mayor Casey Commissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, that Ordinance No. 3570 be passed as an emergency measuee. (Commissioner Chappell being absent at this time) ORDINANCE NO. 3570 ORDINANCE AN ORDINANCE AMENDING THE FIRE ZONING MAP OF TIE CITY OF LUBBOCK�60 ASTTO PLACE PROPERTY CHANGED IN ZONING CLASSIFICATION (ZONE CASE NO. 923 ) IN FIRE ZONE NO. 2; AND DECLARING AN EMERGENCY AND EFFECTIVE DATE OF THIS ORDINANCE. 51-20-233-709 Motion by Commissioner Maner, seconded'by Commissioner Thompson, motion carried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, that Ordinance No. 3534 be passed on second and final reading. (Commissioner Chappell being absent at this time. ORDINANCE NO. 3534 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF TIE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 925: CHANGE CERTAIN PROPERTY LOCATED AT THE --NORTHEAST 'CORNER OF THE INTERSECTION OF &WX Ljrn STREET AMID GUAVA AVENUE FROM AN "R 1"T0AN."R-2J1 E8Ni, DIST. AS HEREINAFTER DESCRIBED IN BODY OF THIS ORDINANCE. 61-20-273-710 Motion by Commissioner Maner, seconded by Cocsmissioner Thompson, motion carried, Mayor Casey and Commissioners Manor, O'Mara and Thompson voting Yea, none voting Nay, that Ordinance No. 3567 be passed as an emergency measure. (Commissioner Chappell being absent at this time) ORDINANCE NO. 3567 ORDINANCE AN ORDINANCE AMENDING THE FIRE ZONING MAP OF THE CITY OF LUBBOCK SO AS TO PLACE PROPERTY CHANGED IN ZONING CLASSIFICATION (ZONE CASE NO. 925) IN FIRE ZONE NO. 2; AND DECLARING AN EMERGENCY AND EFFECTIVE DATE OF THIS ORDINANCE. 61-20-273-711 Motion by C- issioner Maner, seconded by Commissioner O'Mara, notion carried, Mayor Casey and Commissioners Mauer, O'Mara and Thompson voting Yea, none voting Nay, that Ordinance No. 3535 be passed an second and final reading. (C-ni-issioner Chappell being absent at this time) ORDINANCE NO. 3535 ORDINANCE AN ORDINANCE AMENDING ZONING ORDINANCE NO. L695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 926: CHANGE LOT 16, BLOCK 77:, DEL MAR ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN "R-3" ZONING DISTRICT. (SAID PROPERTY BEING LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF 26TH STREET AND BOSTON AVENUE). 61-20-253-712 Motion by Commissioner Maner, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, that Ordinance No. 3568 ha nassed As an a=arvvmry me-aatitra_ (r ianianor ('laannsll hoi,ao Ahaaut- At t•hia tima) AUG 10 141 ORDINANCE NO. 3568 ORDINANCE AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT IN ZONE CASE NO. 926; DECLARING AN EMERGENCY: AND PROVIDING FOR PUBLICATION. 61-20-274-713 Motion by Commmissioner Mauer, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Cors issioners Maner, O'Mara and Thompson voting Yea, none voting Nay, that Ordinance No. 3569 be passed as an emergency measure. (Commissioner Chappell being absent at this time) ORDINANCE NO. 3569 REPEALED BY ORD. NO. 3579 ORDINANCE AN ORDINANCE AMENDING THE FIRE ZONE MAP OF THE CITY OF LUBBOCK SO AS TO PPLCE CERTAIN PROPERTY IN FIRE ZONE NO. 2, WHICH PROPERTY IS DESCRIBED IN A SPECIFIC USE PERMIT FOR A COMMERCIAL USE IN ZONE CASE NO. 926; DECLARING AN EMERGENCY AND EFFECTIVE DATE OF THIS ORDINANCE. 61-20-274-714 Motion by C, issioner Thompson, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Cormmissioners Maner, O'Mara and Thompson vottg Yea, ncn a voting Nay, that Ordinance No. 3559 be passed on second and final reading. (Commissioner Chappell being absent at this tires ) ORDINANCE NO. 3559 ORDINANCE AN ORDIIANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 929: CHANGE LOTS I THROUGH 10 INCLUSIVE, BLOCK 175, ORIGINAL TOWN OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO A 11C-3" ZONING DISTRICT. (SAID PROPERTY BEING LOCATED ON THE WEST SIDE OF AVENUE 0 IN THE 1500 BLOCK.) 61-20-274-715 Motion by Commissioner Thompson, seconded by Commissioner O'Mara, notion carried, Mayor Casey and Cissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, that Ordinance No. 3572 be passed as an emergency measure. (Commissioner Chappell being absent at this time) ORDINANCE NO. 3572 ORDINANCE AN ORDINANCE AMENDING THE FIRE ZONING MAP OF THE CITY OF LUBBOCK SO AS TO PIACE PROPERTY CHANGED IN ZONING CLASSIFICATION (ZONE CASE NO. 929) IN FIRE ZONE NO. 2; AND DECLARING AN EMERGENCY AND EFFECTIVE DATE OF THIS ORDINANCE. 61-20-274-716 Motion by Commissioner O'Mara, seconded by Commissioner Maner, motion carried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, that Ordinance No. 3560 be passed on second and final reading. (Commissioner Chappell being absent at this time). ORDINANCE NO. 3560 ORDINANCE AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CANGE: ZONE CASE NO. 930: CHANGE LOTS 7 THROUGH 12 INCLUSIVE, BLOCK 85, OVERTON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN r'R-2" TO AN "R-3" ZONING DISTRICT. (SAID PROPERTY BEING LOCATED AT THE SOUTHEAST CORNER OF THE -INTERSECTION EF MAIN STREET AND AVENUE X). SUBJECT TO THE FOLLOWING CONDITION: 1. THAT ONE PAVED, OFF-STREET PARKING SPACE BE PROVIDED FOR EACH UNIT ON AN APARTMENT DEVELOPMENT AND THAT ONE PAVED, OFF- STREET PARKING SPACE BE PROVIDED FOR EACH 200 SQUARE FEET OF BUILDING AREA OF A CLINIC OR HOSPITAL DEVELOPMENT. 61-20-274-717 Motion by gommissioner Thompson, seconded by C'mmissioner O'Mara, notion carried, Mayor Casey and Commissioners Mauer, O'Mara and Thompson voting Yea, none voting Nay, that Ordinance No. 3571 be passed as an emergency measure. (Commissioner Chappell being absent at this time) ORDINANCE NO. 3571 ORDINANCE AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, SO AS TO ADD THERETO ARTICLE XI DEALING WITH SCHOOL CROSSING GUARDS: ESTABLISHING THE POSITION AND SETTING QUALIFICATIONS THEREFORE: SETTING OUT THS.DUTIXS OF SUCH SCHOOL CROSSING GUARDS: REQUIRING THEIR OBSERVATION AND REPORTING OF TRAFFIC LAW VIOLATIONS: PROVIDING FOR UNIFORMS AND OTHER EQUIPMENT: SPECIFICALLY DECLARING THAT SUCH GUARDS ARE NOT PEACE OFFICERS AND DECLARING AN EMERGENCY. 61-20-274-718 Motion by Cissioner Thompson, seconded by Commissioner Maner, motion carried, Mayor Casey and Commissioners Mauer, O'Mara and Thompson voting Yea, none voting Nay, to authorize Change Order to Contract on construction of New Municipal Buildings. (City Hall)(Qommissfoner Chappell being ,Absent at this time) CHANGE ORDER PROPOSED CONTRACT CHANGES - MUNICIPAL BUILDINGS FOR THE CITY OF LUBBOCK GENERAL CONSTRUCTION CITY HALL: AUG 10 i9w #2 Revision of cabinets at Snack Bar----=--i--------------------------$2,128.00 #3 Change finish of plaster at Snack Bar--------------------------------- 34.00 #4 Add finishes for Office Space at Basement----------------------------- 922.00 #5 Additional door at West Entrance ----------- ..-------------------------- 762.00 #6 Add entrance at Tax Department---------------------------------------- 845.00 #7 Enlarge Vault at Office of City Secretary----------------------------- NC #8 Add mullion at East Elevation of City Hail---------------------------- 465.00 CORPORATION COURT BUILDING: #9 Enlarge door to Police Building--------------------------------------- 138.00 POLICE BUILDING : #10 Enlarge opening to PBX Room----------------------------------------- }-68.00 #11 Additional Closet and revision of Office of Cheif of Police--------- 1,116.00 #12 Construct structural glazed the cells at Juvenile Division--------- 13,5 91.00 #13 Replace 14 existing doors and frames at First Floor Offices ---------- 7-2,133.00 #14 Replace existing exterior rear door--------------------------------- 261.00 #15 Install walls & ceramic the wainscot at 2nd Floor Cell Rooms------- 3,522.00 #16 Provide concrete -curbs and anchor bolts for cell equipment at 2nd Floor Cell Rooms----------------------------------------------------- 252.00 #17 Provide metal plate ceilings for 2nd Floor Cell Rooms--------------- 3,247.00 #18 Add door to 2nd Floor Office---------------------------------------- 157.00 #19 Add wall at Detective Division-------------------------------------- 322.00 #20 Refinish existing Public Toliets at First Floor--------------------- 746.00 #21 Add support angle at Corp. Court Bldg------------------------------- 73.00 #22 Elevator Cab Allowance DEDUCT---------------- ----------------------- 100.00 #23 Omit concrete topping at existing Cells DEDUCT-- —---------------- 184.00 NET TOTAL CHANGES, GENX11AL CONSTRUCTION ---------------------------------- $30p693.00 61-20-275-719 Mr. Tom Griffith, Attorney, appeared before the City Commission representing Mr. W.C. Jones requesting that the City Commission reverse decision of Electrical Examiners Board and gram t licence to W.C. Jones. After discussion, ribtios was made by Connissisner Maser, seconded by -Commissioner O'Mara, matioa carried, l*yst Casey and Ce�rissiaers Maner,;_0'_Maea vetisg Yea, none voting Nay, to upkeld recommendation of the Beard of Electrical Examiners that this request be NOT granted. July 28, 1961 The Honorable City Commission Lubbock City Hall Lubbock, Texas SUBJECT: W.C. Jones: applicant for sastercelectrician's license Gentlemen Please be on notice that W.C. Jones, an applicant for license as a Master electrician to the Board of Electrical Examiners -of the City of Lubbock desires to appeal to the City Commission from the decision of that Board denying him a license and establishing a total score of 68 upon his examina- tion. Mr. Jones is of the opinion that the -Board of Electrical Examiners has misinterpreted and misconstrued specific portions of his answers to test questions and that a fair interpretation wm uld result in a passing score on the examination. Mr. Jones desires to present evidence before the Bard by experts in the field of technical Eugli&L and in the electrical trade, and respectfully requests that the City C- ission give him adequate notice of the date his appeal will be heard so -that such witnesses may be obtained. Respectfully submitted Boling and Griffith Thomas J. Griffith, Attorneys for W.C. Jones cc. Hon. David Casey, Mayor Mrs. Lavenia Lowe, City Secretary Mr. H. P. Clifton, City Manager Mr. Moore, Secretary, Board of Electrical Examiners July 27, 1961 The Board of Electrical Examiners Lubbock City Hall -Lubbock Texas SUBJECT:. W.C. Jones: Applicant for Master Electrician's Liceuse. Gentlemen The undersigned General contractors and licensed master electricians each well know Mr. W.C. Jones, who is applicant for license as a vaster electrician in the City of Lubbock. Mr. Jones has held a license and practiced as a journeyman electrician in the City of Lubbock since 1947. He also holds master's licenses issued by the State of New Mexico and by the State of Colorado, those licenses having been granted as a result of written and prActical examinations. We are acquainted with the work perforned by Mr. J nes, and it is uniformly of the highest standard of f-Um +lartri sal trades 4a ti.+ Sri ri,.itu +f Tail%l%.11r0 T+vaa No Tana tea ia»r ir,.nwle A"M rAf/i*^A 276 0 1961 We are of the opinion that Mr. W. C. Jones is wholly competent at this time to receive a License as a.ma.ster_electrician.tu the City of Lubbock and that the City and the public could rely upon the safe and.economical performance of electrical construction and repair by Mr. Jones. -as -a man ter electrician. Respectfully submitted, 61-20-276-120 Motion by Commissioner Maner, seconded by Commissioner Thompson, motion carried, Mayor Casey and Coau�issioners Maner, O'Mara and Thompson voting Yea, noise voting Nay, to authorize publi- cation of Notice to Bidders for Drilling and Developing Eight Water Wells in the Sandhills Wells Field, WW0.11276. ..Bids to be received September 7, 1961. Commaissioner Chappell being absent at this time) NOTICE TO BIDDERS W.W.P. 11276 Sealed proposals, addressed to the Honorable Mayor and City Commaission of City of Lubbock, Texas, attention John T. Hihkerson,.will be received until 9:30 A.M. Septamber 14, 1961, at the -Temporary City Hall, 5th _'Street and Avenue J, for the drilling and developing of eight water wells is Les goes 204 and 206, Bailey County, Texas. -Liy bid received after closing time will be returned unopened. Drilling shalt be dome with a rotary drilling rig. No guarantee of well capacity will be required. Bidders must submit a cashier's or certified check issued by a bank satisfactory to the Owner, _____________________ for 5%-of the amount of. -the base bid, payable without recourse to the order of the City of guaranty that the.Bia6e �qbs��ka�or a pooposed bond in the sun of the sage amount from reliable surety company, as will inter into the cantK,4S�_tw-in the forms provided -within -ten (10) days after notice of award of contract to him. and execute bonds and-_g;ds without the required check or proposal bond will not be considered. guaranty- ---- The successful bidder must furnish bonds on forms provided in the amount of 100% of the contract price as security for the_fai.thful performance of this contract -and for the payment of all per- sons performing labor and furnishing materials in connection with this contract. Bidders are expected to inspect the sites of the work and to inform themselves regarding the locations and conditions under which the work is to be done. Attention is called to the pro- ' visions of the Acts of the 43rd Legislature of the state of Texas, page 91, Chapter 45, (Article No. 5159A Civil Statutes, 1925) concerning the wage stale and payment of prevailing wages establidhed by the Owner as follows: LABOR CLASSIFICATION AIM GENERAL ]� PREVAILING WAGE RATES Mechanic, Workman or General Prevailing per Diem General Prevailing Tyne of Laborer _ _ Wade based_ on 8hr. working day hourly rate Well Driller $ 12.00 $ 1.50 Well Driller Helper 9.20 1.15 Common Labor 9.20 1.15 Welder -Electric -Acetylene 12.00 1.50 ` Truck Driver - lk ton or less 9.20. 1.15 Truck Driver - over lk ton 10.00 1.25 Payment for overtime, work on Sundays and Legal Holidays shall be governed by applicable State and Federal Wage and Hour Laws. Authorized deductions as required by Federal Statutes will be allowed. Plans and specifications may be obtained from the office of the City Engineer, City of Lubbock, Texas. CITY OF LUBB C� BY: • ATTEST: David.C. Casey, Mayor ir d/ro' Lavenia 1,66e, City Secretary I _ 61-20-276-721 Motion by Commissioner Maner, seconded by Commissioner O'Mara, *otion carried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, nose voting Nay, to authorize appointment f of Harold Price to serve unexpired term of Leo Warren who resigned. Term to expire December 11, 1963.. (Commissioner Chappell being absent at this time. Appointment being made to the Board of Southeast Lubbock Development Corporation. 60-20-276-621 Motion by Commissioner Thompson, seconded by Commissioner Maner, motion carried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, to authorize Bobby Durham to locate and occupy a trailer house at 23rd Street and Milwaukee Avenue in West Lubbock for a terra of eighteen (18) months from this date. Mr Durham stated to the City Commission that he planned to build an addition to existing residence in this eighteen (18) months perioa. car. Durham stated to the Commission that the trailer house is connceted to the saditary sewer facilities. Mr. Durham being almost totally blind. (Commissioner Chappell being absent at this time) i, „ 6619'!20-276-622 The City Commission having app6ihted-:members as recorded in Minute Book 19, page 402, to make S� �gQe a?96-19 a complete re-evaluation of Lubbock's zoning program, in October, 1960. On this date , August p- 0 C+ 0 O K O Ffi h 0 Qj G rn i'. J 0 c� C] N C O c+- Ci• 0 0 r. ca t• a F-•' Cam? � ri) G Ul 0 (� (n n iD `V C+.yy r3 CD 0 O O GcF O O O c� c C] G� G F� 0 0 }-h O 0 C,Q 0 P. (D O O 0 ri c� R• .O O t� F-j 0 K 9 P. b� 0 G Uo O C� C+ 0 CJ C+ P pil (D 0 r0+- K F� O 1 m cfir c � p- H rr ` rr4 r ■ rr Pr Pr pr Ogg I �R * j f�° Ir n� Y o b cc+• � (D � p n c- p O p' C 0 P. 0 ts (D (7 F h lj Cn 0 C+ (y [� c+- .ty H G a (D u. 0 P G Ca � .-1 Pi 0 � :3 G O 0 S-' 14. ;p --S p H. (;-IY �5 c+- 7 U) C+ c-..1 Q+ - 6-1. �• 0 *i I:s O C� o 0 l In � (D C+ to a C-F :j o 10 W I3 F' 1r• C� Ci r eF () i' C+ 0 by 0 Fj �y P. 03 �3 O p I' i-J• JD, (D F•j K 0 0 (D Ga 0 C3 O (D 0 cl O ru N 3 Fy 0 C+ K (] P. G H (n � c� O Cl (� 0 p P. (D � U) P- cnO 0 C-- p 1 C+C 2 `.-1' r1 O F J. +0-h �C-- 0 � L T rA 0 � G9 O ' of O FJ K P- ` r co 0 0 (i' H. i V F-' v (On K c+ CJ P. C+ C` f -1 S3 r. 1. O Cil P. CF 1—' O ((D � O 0 C� As C ' �• fz ' (D `0 0 � D CS W. fi C t� K 0 > h (n 0 CK C++- �'. 0 cr 1' +OS � +~-• :s cf ' C+ G C+ 03 0 (:7 F 1. Pi O C'F O 0 (D r3 *Ly O 4CD o i—' w Id K c— L O (a P c' m ID (D 0 K 0 C+ yO CT K c+ (D u CJ? 0 0 c+ P. cc+ P. ca G K 0 ^l `1 Y I P t 0 or 0 14 c a 1p 0 x 40 C+ coy W M o W oIP: r`r� p a N * P- P. O O N• (n 0 L� ' CD LR n P- N C7 P. C+ ::s r) 0 0 Fs1-9 ca FG� F' c+- i-j 0 (A (DP. H �. A� U :Ku S� c+'Ci (D C0] P 11 H. n^ F -j 0 � (J �, O O G C Uf c--. (D C+ Fig r+- p O cl) u. o (� C� (n Lea CO+p 'd O $ N• c0i PQ, 1-'• `'i� � ` � E-'• 1 1 Ca +"3 rJ D °C P 9 .0 PI C-F '! >-L N N r0� � y Fes• r+ � L R 0 P.cl C4 V•9LZ gDVa V-ZZL-V-9LZ-OZ-19 Ft � d o � Q) O S a) W } AE W v rn 0 U 2 7 7 I�t�'r,�1'wfogr ,a_._. a The following letter was presented to the City.,Commission pertaining to the Zoning Committee study report: r _ August 9, 1961 The Honorable David Casey and Members of the City •Comuaission City of Lubbock -Lubbock, Texas Gentlemen: The under§igmed are two members of the Zoning Study Committee appointed by the Commission. In this connection, reference is made to Lire 6eAiag Study report submitted to you August 10, 1961, over the signature of the chairman of the Conn ittee, Charles LT. Adams, Jr., which reflects the views of the majority of the Committee. The purpose of this letter is to express some exceptions which we take to the report. Although we believe the majority of the report to contain opinions which will be of value to the Commission, we feel it our duty to submit the following: 1. On page 3 Lof the report in the section which deals with zoning procedures, the last sentence states "On applications for zone changes that are unopposed and recouuaended by the staff, the -Planning and Zoning Commission should take an immediate vote on the request without waiting until all cases have been presented." It is our view that this mandatory type of provision would in all probability present the Commission from having adequate time for discussion, it being possible that the Comission might disagree with both the proponent for the zone change and the staff. 2. On page 13 in the section on commercial uses of property located outside the downtown area, paragraph 2 draws the conclusion that "...the zoning practices which have developed during the past few years, if continued, will surely place us in the same catagory as these cities found themselves and will halt the ordinary progress of our City." This has reference to an earlier statement in the paragraph to the effect that control and ownership of property may be concentrated within the hands of a few. We do not agree that the practices as we have had then in Lubbock would necessarily result in undue concentration of ownership of properties. 3. On page 14, paragraph 2, the opinion is expressed that the person purchasing a home should assume greater responsibility to accertain for himself that he is purchasing property protected by deed restrictions. We feel that there are so many other considerations involved to the purchase of property that this is an unsound view to take and further, that the philosophy of "Let the buyer beware" is improper. 4. On page 16 the first paragraph states "It is the opinion of the committee that the policy and practice of the City of Lubbock has, in recent years, been to over emphasize the aesthetic result of its pithaing,to neglect the needs of the small businessman, to fail to take enough into account the effect of zoning on the local economy, to magnify the damage and inconvenience that may be imposed on an adjoining property owner as a result of a zone change, and to act as an arbitrator between adjoining property owners without placing the real emphasis upon the welfare of all of the citizens and the City as a whole." We do not hold with this opinion. We fe&l rhattthe Cowwtission in discharging a difficult function of the City government has maintained a fair policy which has dealt with individual cases as they have come to the Commission and that it has kept in mand both its responsibility to the citizens and the City as a whole, and to the individual citizen. We respectfully submit these as our views which differ from those expressed in the report. Very truly yours W. F. Eisenberg Edward W. Smith, Jr. 661-20-277-Z23 Mr. W.L. Come appeared before the City C7rm&ssion requesting that he be allowed to "fillin " and raise the ground level of property located at 48th Street and Avenue A that is below the highwater mark, in order to place improvements on said land. After consideration, it was unanimously agreed by the City Commission that this request be taken under advisement. 61-20-277-7,24 The City Commission considered the request of the Colgate Church of Christ located at 2521 sGf /0 ,4 e ��Colgate Street regarding parking. After consideration, motion was made by Commissioner Thompson, �� seconded by Commissioner O'Mara, motion carried, Mayor Casey and Commissioners Mauer, O'Mara and Thompson voting Yea, none voting Nay, to authorize parking arrangements for the Colgate Church of ` `Christ in accordance with the following plat: (Commissioner Chappell being bbsea t at this time) 61-20-277-7Z5 Motion by Commissioner Maner, seconded by Commissioner Thompson, motion carried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, to consider extending sewer services south in the Tahoka Highway to the alley notth of 82nd Street and west of the Tahoka Highway to serve the Winniewood Addition. Eight persons have agreed to pay their pro rate. (Commissioner Chappell being absent at this time) 61-20-277-726 Motion by Commissioner O'Mara, seconded by Cor�rnissioner Thompson, motion carried, Mayor Casey and Comlmissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, to authorize revival meeting • ♦ . . • ._ I -I-- -.0 / _a j- rVT__4__ 4- FU_ _,P 7/.+`U QhMAA* 4..a V,1 A.►A...IA 2 AUG 10 1961 61-20-278-iG27 -Motion by Commissioner Thompson, seconded by Commissioner Maner, motion carried, Mayor Casey and Commissioners Mauer, O'Mara and Thompson voting Yea, none voting Nay, to approve request of Porter Garrett to widen Main Street at 2312'; Existing paving is to be widened approximately nine (9) feet between the present curb line and sidewalk, to provide recessed parallel parking. 61-20-278-728 In accordAnae with Notice of Zoning Hearing as recorded in Minute Book 20, page 201, hearing was held June 22, 1961, on Zone Case No. 908 - Request of J. Lewis Murfee, Jr., to change the north 520 feet of the south 690 feet of the east 710 feet of Block 111, McCrummen Secaod Addition to the City of Lubbock, Lubbock, County Texas from an "R-2" to a "C-3" zoning district. (Said property being located between 32nd Street and 34th Street east of Avenue Q). The Planning and Zoning Commission recommended to the City Commission that a Specific Use Permit zone change for Shopping Center use, as authoriz&n ny Section 14-A.1-8 of the Zoning Ordinance, be authorized upon the property considered by this case. This hearing was continued until July 13, 1961. On July 13, 1961, the hearing was held as recorded at page 217, Minute Book 20, and at this time motion was made by Comissioner Chapped, seconded by Commissioner O'Mara,that the recommendation of the Planning and Zoning Commission for issuance of the Specific Use Permit zone change for shopping center be denied. The vote on this motion was as follows: Commissioner Chappell and Commissioner O'Mara, voting Yea; Commissioner Thompson voting Nay; Mayor Casey and Commissioner Maser abstained from voting. On this date August 10, 1961, Commaissioner Chappell moved that the letter of protest by the Lubbock Independent School Board, dated August 3, 1961, not be considered, because it was received and filed after the public hearing on Zone Case: No. 908 had been officially closed by the Mayor on July 13, 1961. This motion was seconded by Commissioner O'Mara and carried by the following vote: Mayor Casey and C- issioners Maner, O'Mara, Thompson and Chappell voting Yea, none voting Nay. Motion was made by Commissioner Chappell, seconded by Commissioner O'Mara, that the recommendation of the Planning and Zoning C-mission be REJECTED, said recommendation being: " That a Specific Use Permit zone change for shopping center use, as authorized by Section 14-A.1-8 of the Zoning i Ordinance, be authorized upon the property considered by this case." ` The vote on this motion was as follows: Those voting Yea, Coir►issioner Chappell and Commissioner O'Mara; Those voting Nay, Commissioner Maner, Commnissioner Thompson, and Mayor Casey. Commissioner Thompson moved that the recommendation of the Planning and Zoning Commission, as set out immediately above, be upheld. This motion died for want of a second. Commissioner Maner moved that this zone case be referred back to the Planning and Zoning Commission for consideration as to arrangement of the improvements on the area. This motion died for want of a second. Commissioner Thompson moved that the recommendation of the Planning and Zoning Commission, as set out above, as to Zone Case 908, be approved and upheld. This motion was seconded by Commissioner Chappell. The vote on this motion was as follows: Commissioner Maner, Commmissioner Thompson and Mayor Casey voting Yea; Commissioner Chappell and Commissioner O'Mara voting Nay. (Commissioner Frank Chappell came in for this part of the meeting) Motion was made by Commissioner Thompson, seconded by Commissioner Maner, motion carried, Mayor Casey and Cas-issioAers Mauer, T1I4apsga'-Voting Yea; Chappell and 'OAMsi'ra,v*t#ag-•N&[ , .that Ordinance No. 3573 be passed as an emergency measure. t ORDINANCE NO. 3573 vORDINANCE AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT IN ZONE CASE NO. 908; DECLARING AN EMERGENCY; AND PROVIDING FOR PUBLICATION. 61-20-278-%29 Motion by Commissioner Thompson, seconded by Commissioner Maner, motion carried, Mayor Casey and Commissioners Mauer, Tlloapsgx Voting Yea, Chappell -aAd O'Ma;a v voting Nay, that Ordinance N, C( 3574 be passed as an emergency measure. G j r ORDINANCE NO. 3574 ORDINANCE AN ORDINANCE AMENDING THE FIRE ZONE MAP OF THE CITY OF LUBBOCK SO AS TO PLACE CERTAIN PROPERTY IN FIRE ZONE N0. 2, WHICH PROPERTY IS DESCRIBED IN A SPECIFIC USE PERMIT FOR A COMMERCIAL USE IN ZONE CASE NO. 908; DECLARING AN EMERGENCY AND EFFECTIVE DATE OF THIS ORDINANCE. 61-20-278-630 Motion by Co issio*er Thompson, seconded by Cocmissioner O'Mara, notion carried, Mayor Casey and Comissioners Mauer, O'Mara and Thompson voting Yea, none voting Nay, to authorize purchase of paving certificates from Kerr Paving Company on 1961 Petition Program, GWO 2660, at a 5% dis- count. (Ceremissioner Chappell being absent at this time) G.W.O. 2660 (KERR PAVING COMPANY CONTRACTOR) The following Are the homestead property owners who will not sign liens that the City Commission agreed to purchase the certificates of assessment on their property at the Regular Commission Meeting August 10, 1961 (at a 5% discount): 14 .� " - .-11 r r r r r Unit Street Dwner 2045-16 Texas Ave. Alfredo De Larrosa 2045-17 2nd Place Cruz Polanco 2046-13 Vanda Avenue Anderson Blaylock 2046-16 Ute Avenue Charles W. Johnson 2046-51 2nd Street Thad McLaughlin 2046-17 Ute Avenue Anderson Blaylock 2048-22 1st Street M. C. Sharp 2048-22 1st Street W. B. Staton 2048-22 lst Street Nat Afton Gendy 2049-2 E. Broadway R.L. Garrett 2049-2 E. Broadway Aubrey Carroll Cole 2049-2 E. Broadway E. R. Bradford 2049-2 E. Broadway Norberto Martinez August 11, 1961 Kerr Paving Company P. 0. Box 888 Lubbock, Texas Gentlemen: AUG 10 1961 Legal Description Amount Lot 8, Blk. 3, Acuff Hts. Addt. $582.91 Lots 13 & 14, Blk. 4, Accuff Hts. Addt. 336.67 Lot 3, Blk. 4, Phyllis Wheatley Addt. 269.02 Lot l Blk. 3 Phyllis Wheatley Addt. 465.95 Lots 13, 14 Blk. 2 Westhaven Addt. 269.02 Lot 3 Blk. 5, Phyllis Wheatley Addt. 269.02 Lot 24, Blk. 6 F.R. Friends Addt. 295.93 Lot 17 Blk. 6 F.R. Friends Addt. 269.02 Lots 20,21 Blk. 6 F.R. Friends Addt. 538.05 Lt. 7, Blk. 7, Flake Addition 271.08 Lt. 9, Blk. 7, Flake Addition 271.08 Lt. 10, Blk. 6, Flake Addition 271.08 Lt. 15, Blk. 6, Flake Addition 271.08 The City Commis&ion in regular session August 10, 1961 considered your request for assistance on certain units in G.W.O. 2660, Ordinance No. 3470, dated May 25, 1961. As a result they decided to pur- chase at a 5% discount the certificates of assessment on the property listed on the enclosed sheet. Very truly yours, John T. Hickerson City Engineer 61-20-279-731 Motion by Commissioner O'Mara, seconded by Commissioner Maner, motion carried, Rdyor Casey and Commissiomeri Miner, O'Mara and Thompson voting Yea, none voting Nay, that the following Resolution be passed. (Com- missioner Chappell being absent at this time) RESOLUTION WHEREAS, the City Commission has heretofore determined that the City would contribute the customary city portion of the cost of the streettpaving improvements, as determined by City of Lubbock paving p6licy, to be constructed in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting North Avenue N have requested permission to have pavement improvements constructed on the aforementioned street and the paving of said street is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS, Good pasture Grain & Milling Co. Inc. the owners of the property abutting on the herein described street will contract separately with a competent contractor for the above street improvements, and said �4 improvements will be constructed in accordance with the abovementioned plans and specifications under the supervision of the City Engineer, and the said owners desire that the City mntributeiits customary share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $3849.61, the total cost not over $4042.09, and the City's share in therewith would not exceed $192.48, leaving the property owner's portion not to exceed $3849.61, such costs being well within the -current prices for paving ob- tained by competitive bidding, and that such payment to be made by the City is reasonable, fair, and just to the abutting property owners, the City and all other persons affected thereby, and that the sum of $192.48 wiii be duly budgeted in the budget, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specifications for paving on the street herein described, provided that such plans and specifications meet the usual requirements for paving on streets within the corporate limits or the kity or LuDDock; said streets oeing as toliows, Lo-wit: North Avenue N from its intersection with'a line 1 foot North of the North Property Line of Marshall Street to its intersection with a line 368.30 feet North of the N-drth Property D-Lne of Marshall Street, known and designated as Unit Number 2068. The City Engineer is further authorized and directed to duly inspect said paving construction on said street and to require strict compliance with the approved plans and specifications, and upon comple tion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by II the City Commission, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of the cost of the abovementioned improvements a sum not to exceed $0.00 which is the City's share ($192.48) less $192.48 engineering,jeaving th4�. amount due the contractor from the property owners not to exceed $3849.61. Section 2. This authority is conditioned that the owners of abutting property and the contractor will pay for all material and Mbor and costs incidental to such construction,"inde.mnify the City of Lubbock against any costs, claims or damages of every nature pertaining therito, and that the Contractor furnish. the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, that the said owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final approval of the City Engineer, all improve- ments designated herein shall be a permanent part of said street and the property of the City of Lubbock, without::any-Atability whatsoever, except for the payment of a sum of $0.00 to the contractor. 2�0 1 " 1991 .404L� David C. Casey, Mayor . ATTES Lavenia Lowe,•City Secre ary The owners oi- abutting property on the abovementioned street, and C. W. Zahn , Contractor, do hereby accept and agree to fully abide by -the foregoing provisions for -the considerations therein stated. 61=20-280-7332 Motion by Commissibner O'Mara, seconded by Commissioner Maner, notion -carried, Mayor Casey and Commissioners Maner, 0,'Mara and Thompson voting Yea; none voting Nay, -that the following Resolution be passeC. (Commissioner Chappell being absent at this time) RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvements ordinances and resolutions and entered into. -contract with Kerr Paving Company, GWO 2660, for the making and construction of street improvements on portions of numerous streets and/or avenues in said City including among others the following; Avenue T from its intersection with a line 10 feet North of the North Property Line of 50th Street to its intersection with the South Property Line of 49th Street, known and designated as Sub -Unit Number 2 Gof Unit Number 2045. East'7th Street from its intersection with a line 13 feet West of the West Property Line of Beech Avneue (North Leg) to its intersection with a line 18 feet East of the East Property Line of Beech Avenue (South Leg), known and designated as Sub -Unit Number 8 of Unit Number 2046. Beech Avenue from its intersection with a line 13 feet North of the North Property Line of East 7th Street to its intersection vjith a line 3 feet North of the North Property Line of the alley North of East 7th Street, known qnd designated as Sub -Unit Number 10 of Unit Number 2046. 45th Street from its intersection with a line 12 feet West of the East Property Line of College Avenue to its intersection with a line 8 feet West of the West Property Line of Avenue X, known and designated as Sub -Unit Number 22 of Mit Number 2046. 45th Street from its intersection with a line 20 feet West of the East Property Line of Avenue Q to its intersection with the West Property Line of Avenue P, known and designated as Sub -Unit Number 34 of Unit Number 2046. AND WHEREAS, the improvements upon the sAid portions of the abovementioned streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract GWO 2660. THEREFORE BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned streets and/or avenues be and the same are hereby accepted, and the City Engineer be and -he is hereby authorized to direct payment of the City's portion of the cost. II. That the Mayor and City 'Secretary be, and they are hereby instructed to execute and deliver certifi- cates in evidence of assessments levied against the parcels of property abutting upon the said por- tions of the streets and/or avenues listed above and against the owners of suhh property in accordance with law and in the manner provided in said contract, and the proceedings with referencecto said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS LOTH DAY OF AUGUST, 1 61. David C. Casey, Mayor t ATTEST: �I Lave Tty Secret ry CONSOLIDATED FINAL ESTIMATE GWO 2660 "I 0 Accepted August 10, 1961 UANTITIES Unit & Sub -Unit Location S.Y. PAVing L.F. C&G S.Y. ALLEY S.Y. Valley S.Y. & Gutter Resur. 21 AUG 10 get r r r r r 2046-8 E 7th St. from 13' W. of the 1104.20 229.54 WPL of Beech Ave. (N. Leg) to 18' E. of the EPL of Beech Avenue (S. Leg) 2046-10 Beech Ave. from 13' N. of the 807.82 250.40 12.78 NPL of E 7th St. to 3' N. of the NPL of the alley N. of E. 7th Street 2046-22 45th St. from 12' W. of the 2208.99 1247.54 19.11 EPL of College Ave. to 8' W. of the WPL of Avenue X 2046-34 45th St. from 20' W. of the 2234.55 1288.26 13.00 32.00 EPL of Ave. Q to the WPL of Avenue P TOTALS 7106.67 3573.74 42.67 51.11 COST ESTIMATE 7,106.67 S.Y. Paving @ 1.74 12,365.61 3,573.74 L.F. Curb & Gutter @ 1.60 5,717.98 42.67 S.Y. Alley Return @ 6.00 256.02 51.11 S.Y. Resurface @ 1.00 _51.11 CONTRACT COST 18,390.72 COST DISTRIBUTION Unit &.Sub - Unit Contract Cost Property Owner Cost City to Contractor NOW 2045-2 2,301.07 1801.72 499.35 2046-8 2,288.57 1489.96 798.61 2046-10 1,882.93 1704.57 178.36 2046-22 5,858.82 6451.23 -592.41 2046-34 6,059.33 6349.74 -290.41 TOTAL 18,390.72 17797.22 593.50 August 10, 1961 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Kerr Paving Company, paving contractor, under his contract dated March 9, 1961, designated as GWO 2660 and find the improvements on Avenue T, Beech Avenue, East 7th Street and 45th Street as listed on the final estimate and assessment sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improve, ments on said streets and/or avenues, authorizing payment to the contractor the amount shown on the attache( consolidated final estimate sheet as due him by the City of Lubbock and issue assignable certificates against property owners for the respective amounts shown on the attached final assessment sheets as being due against them and their respective properties. Yours very truly, John T. Hickerson City Engineer 61-20-281-733 Motion by Commissioner Thompson, seconded by Commissioner Maner, motion carried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, that the following Resolution be passed. (Commissioner Chappell being absent at this time) RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and re"solutions and entered into contract with Pioneer Pavers, Inc. GWO 10,199 for the making and construction of street improvements on portions of numerous streets and/or avenues in said City including among others the following: 2nd Place from its intersection with a line 1.8 feet West of the West Property Line of Detroit Avenue to its intersection with a line 350 feet West of the West Property Line of Flint Avenue, known and designated as Sub -Unit Number l of Unit Number 2016. Dartmouth Street from its intersection with the West Property LineopffElgin Avenue to its intersr.t_tion .7t4itht_a1.line 5 feet East of the East Property Line of Flint Avenue, known and designated as Sub -Unit Number 3 of Unit Number 2016. Grinnell Street from its intersection with a line 1 foot West of t Avenue (South Leg) to its intersection with the Mast Property Line and designated as Sub -Unit Number 5 of Unit Number 2017. e West Property Line of Hartford �I of Lot 12, Lone Star Addition, known 3rd Street from its intersection with a line 8�feet West of the West Property Line of Flint Avenue to its intersection with a line 8 feet East of the East Property Line of Elgin Avenue, known and designated as Sub -Unit Number 8 of Unit Number 2017. Part of Slide Road from its intersection with a line 18 feet South of the South Property Line of 26th . ... . ♦ I .. __ .. __.._1 - 9•_., I {___ _= ..1._ >T....,. U i4_._ ..L nn.0 22 rnuu J. v Al I Slide Road from its intersections Aith a line 12 feet South of the South Property Line of 29th Street (West Leg) to its intersection with the North Lip Line of the Bromfield Highway, known and designated as Sub -Unit Number 5 of Unit Number 1995. Slide Road from its intersection with a line 42.9 feet South of the South Property Line of the Brownfield Highway to its intersection with a line 5 feet South of the South Property Line of the alley South of 34th Street, known and designated as Sub -Unit No. 6 of Unit No. 1995. (Concrete only) Part of Slide Road from its intersection i,ith the South Paving Line of 4th Street to its inter- section with the centerline of 9th Street, knmrn and designated as Part of Sub -Unit Number 1 of Unit Number 2009. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said con cracr GWV !v, x» . THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned streets and/or avenues be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. That the Mayor and City Secretary be , and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 10TH DAY OF AUGUST, 1961. '00r David C. Casey, Mayor ATTEST i Lavenia Lowe, City ecreta August 10, 1961 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Pioneer Pavers, Inc., paving contractor, under their contract dated April 28, 1960, designated as GWO 10,199 and find the improvements on 2nd Place, Dartmouth Street, Grinnell Street, 3rd Street and Slide Road, as listed on the final estimate and assessment sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock and issue assignable certificates against property owners for the respective amounts shown on the attached final assessment sheets as being due against them and their respective properties. Yours very truly, John T. Hickerson City Engineer 61-20-282 7 + Motion by Commissioner Thompson, seconded by Commissioner Maner, motion carried, Mayor Casey an d Commissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, that the following Resolu- tion be passed. (Commissioner Chappell being absent at this time) RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the sub- divider of Greenlawn Addition Lots 202-238, made arrangements with Hodges and Tierney for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Greenlawn Addition Lots 202-238 including the following streets: E-' of Bangor Avenue from its intersection with a line 2.5 feet South of the South Property Line of the alley South of 31st Street to its intersection with a line 15 feet North of the North Property Line of 32nd Street, km wn and designated as New Subdivision Unit Number 432. C1 I Chicago Avenue from its intersection with a line 2.5 feet South of the South: Property Line of the alley --South of 31st Street to its intersection with A line 3 feet South of the South Property Line of the alley South of 32nd Street known and desig.nated as New Subdivision Unit No. 981. f1w4h 10 44 i 283 AUG 1 o 1961 r 32nd Street from its intersection with a line 16 feet East of the West Property Line of Chicago Avenue to its intersection with the centerline of Bangor Avenue known and desginated as New Subdivision Unit Number 982. Belmont Avenue from its intersection with a line 15 feet South of the South Property Line of 32nd Street to its intersection with a line 3 feet South of the South Property Line of the aley South of 32nd Street known and designated as New Subdivision Unit Number 983. West kZ of Bangor Avenue from its intersection with a line 0.85 feet South of the South Property Line of the alley North of 32nd Street (East Leg) to its intersection with a line 11.51 feet North of the North Property Line of 32nd Street (East Leg) known and designated as New Subdivision Unit No. 948. AND WHEREAS, the construction of the above improvements on the abovementioned 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 LUBBOCK, TEXAS. THAT the improvements on said portions of 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 after its passage. PASSED AND APPROVED THIS 10TH DAY OF AUGUST, 1961. David C. Casey, Mayor ATTES . r f Lavinia Lowe, City Secretary August 10, 1961 Honorable Mayor and City Commission Libbock, Texas I have examined the paving improvements constructed by Hodges and Tierney, paving contractor, under their contract with the subdividers of Greenlawn Addition and find the improvements on Bangor Avenue, Chicago Avenue, 32nd Street and Belmont Avenue as listed on the final estimate sheet to have been com- pleted in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock. Yours Very truly, John T. Hickerson City Engineer CONSOLIDATED FINAL ESTIMATE GREENLAWN ADDITION Lots 202-238 Accepted August 10, 1961 UANTITIES Unit & Location S.Y. Pay. L.F. C&G S.Y. A.R. S.Y. S.Y. Sub -Unit Val. Resurf- Gut. acin NS 432 E'k of Bangor Ave. frm 2.5' S. of 177.70 the SPL of the alley S. of 31st St. to 15'N. of the NFL of 32 St. NS 981 Chicago Ave. frm 2.7'S. of the 1336.49 651.14 11.33 SPL of the alley S. of 31st St. to 3'S of the SPL of the alley S of 32nd Street. NS 982 32nd St. frm 16'E. of the EPL of 4461.84 2394.63 Chicago Ave. to the Centerline of Bangor Avenue NS 983 Belmont Ave. frm 15'S. of the spl 434.74 282.54 21.11 of 32nd St. to 3'S of the SPL of the alley S. of 32nd Street. IDS 984 A of Bangor Ave. frm .85'S. of 188.44 104.66 the SPL of the alley N. of 32nd St. (E. Leg) to 11.51'N. of the 76.99 94.98 AUG jniQ COST ESTIMATE 6599.21 S.Y. Paving @ $1.54 $10,162.78 3432.97 L.F. Curb & Gutter @ 1.51 5,183.78 32.44 S.Y. Alley Return @ 5.50 178.42 76.99 S.Y. Valley Gutter @ 5.50 423.44 94.88 S.X. Resurfacing @ 1.00 94.88 $16,043.30 COST DISTRIBUTION Unit & Sub -Unit Contract Cost Property Owner Cost City to Contractor NOW Escrow to be Released NS 432 273.66 -41.76 315.42 NS 981 3527.16 3188.84 338.32 NS 982 10582.01 10582.01 NS 983 1212.24 1212.24 NS 984 44u.23 448.23 TOTALS $16043.30 $15431.32 $296.56 $315.42 61-20-284-735 Motion by Commis�iener Thompson, seconded by Commissioner Maner, motion carried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, that the following Resolution be passed. (Commissioner Chappell being absent at this time) RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Cherry Point Addition, made arraggements with J. R. Fanning for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Cherry Point Addition including the following street: The West k of Guava Avenue from its intersection with a line 15 feet North of the North Property Line of East Colgate Street to its intersection with a line 3 feet North of the North Property Line of the alley North of East Colgate Street, known and designated as New Subdivision Unit Number 840. The East i of Guava Avenue from its intersection with a line 15 feet North of the North Property Line of East Colgate Street to its intersection with a line 3 feet North of the North Property Line of the alley North of East Colgate Street, known and designated as Part of New Subdivision Unit Number 1000. AND WHEREAS, the construction of the above improvements on the abovementioned street 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 specificatifts and in accordance with the provisions of City Ordinance 1331. 0 THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned street 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 after its passage. PASSED AND APPROVED THIS LOTH DAY OF AUGUST, 1961. David C. Casey, Mayor ATTEST: e4A Lavenia Lowe, City Secretary AUGUST 10, 1961 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by J. 1R. Fanning, paving contractor, under his contracts with the subdividers of Cherry Foint Addition and find the improvements on Guava Ave. as listed on the final estimate sheet to have been completed in accordance with the plans and speci- fications and recommend that you accept the improvements on said streets and/or avenues, authorizing payment to the contractor the amount shown an the attached consolidated final estimate sheet as due him by the City of Lubbock. Very truly yours, John T. Hickerson City Engineer CONSOLIDATED FINAL ESTIMATE ruRRRv PnTNT AtnnTTTnN 25 r r Ai,G 10 1961 AUc 10 coot. from page 284 QUANTITIES Unit & Sub -Unit Location -._ S.Y. Paving L.F._CMG S.Y. Alley Return -- NS 840 Wj gf Qt34v41LAve. fret 15' N. 295.56 150.00 9.44 of E. Colgate St. to 3' N. of the NPL of the alley N. of E. Colgate Street Part of NS 1000 E'k of Guava Ave. frm 15' N. of 295.56 148.00 8.33 the NPL of E. Colgate St. to 3'N. of the NFL of the alley N. of E. Colgate Street TOTALS: 591.12 298.00 17.77 COST DISTRIBUTION Unit & Sub -Unit Contract Cost Property Owner Cost City to Contractor NOW City to Contractor Escrow Released NS 840 JPART of NS 1000 l706.36 265.97• 88.09 352.30 698.39 2583.60 88.09 352.30 1404.75 e,6123.97 176.18 704.60 COST ESTIMATE 591.12 S.Y. Paving 298.00 L.F. Curb & Gutter 17.77 @ 1.49 880.77 @ 1.49 444.02 @ 4.50 79.96 CONTRACT COST 1404.75 W 16l-20-285-q36 Motion by Commissioner Maner, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Commis- sioners Maner, O'Mara and Thompson voting Yea, none voting Nay, that the following Resolution be passed. Commissioner Chappell being absent at this time) RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, the City of Lubbock passed a resolution on April 27, 1961, authorizing the construction of street improvements by Pioneer Pavers, Inc. on a portion of the toiiowing street: ;�4Ln SLreai 1L6uu ,.L.s xitL$a..Ca.c ion with a line 19.0 feet West of the West Property Line of Slide Road (North side) to its intersection with a line 366.0 feet West of the West Property Line of Slide Road, known and designated as Unit Number 2055. AND WHEREAS, the improvements upon the said portion of the abovementioned street have been inspected and touna to ndve been constructed according to the approved plans and specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portion of the abovementioned street 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 share. II. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 10TH DAY OF AUGUST, 1961. ATTEST: Lavenia owe, City Secretary August 10, 1961 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: David C. Casey, Mayor _ I have examined the paving improvements omnstructed by Pioneer Pavers, Inc., paving contractor, as authorized by a resolution passed on April 27, 1961 and find the improvements on 24th street as listed;' on the final estimate sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authoriaing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock. Yours very truly, 286 AUG 10 1961 CONSOLIDATED FINAL ESTIMATE GWO 2620 Accepted August 10, 1961 UANTITIES Unit & Sub -Unit Location S.Y. Paving L.F. C & G 2055 24th St. from 19' W. of the WPL of 1233.78 694.00 Slide Road (N. side) to 366'W. of the WPL of Slide Road --- TOTAL 1233.78 694.00 COST ESTIMATE 1233.78 S.Y. Paving Q 41.74 $2,146.78 694.00 L.F. Curb and Gutter @ 1.60 �1,110.40 CONTRACT COST $3,257.18 .COST. -'DISTRIBUTION Unit & Sub -Unit Contract Cost Property Owner Cost City to Contractor NOW 2{65 $3,257.18 $2,973.40 $283.78 61-20-286-737 Motion by Commissioner Thompson, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, that Ordinance No. 3575 be passed as an emergency measure. (Commissioner Chappell being absent at this time) ORDINANCE NO. 3575 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 protect, 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: Sanitary Sewer Bond Fund THE sum $97,735.93 For the following purpose: Construction of the Northwest Sanitary Sewer Outfall Line from 4th Street to the Northwest Treatment Plant, included is the engineering and 535' of 30" pipe Contract 89,109.46 Engineering 4,455.47 . 30 " pipe 4,171.05 61-20-286-0 8 Motion by Commissioner Maner, seconded by Commissioner O'Maaa, motion carried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, that Ordinance No. 3577 be passed as an emergency measure. (Commissioner Chappell being absent at this time) ORDINANCE NO. 3577 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: Water Bond Fund THE sum $5,705.00 For the following purpose: For the purchase of Micro Wave Testing Equipment 61-20-286 Z39 Motion by ..Commissioner Maner, seconded by Commissioner Thompson, motion carried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, that Ordinance No. 3576 be passed as an emergency measure. (Commissioner Chappell being absent at this time) ORDINANCE NO. 3576 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: Water Bond Fund THE sum $13,283.90 For the following purpose: Install the following described water lines ahead of street paving: 6" line in 9th Street from Oak Avenue to Quirt Avenue; 10" line in East Broadway from Guava Avenue -I I - . ntt ♦ . n . n. . r "-__-r_,_J A_ __ - .__ T»a_....,.. 1____.. (i 10 196, AUG 10 1961 28'7 61-20-287 7;40 The City Commission considered the reques.t of J.E. Vickers, representing Mrs. Cecil U. Wocd:s ,Pones Eatate, to waive interest in the amount of M.74 on paving assessment of $115.07 adjacent to home- stead property. Said property being located in Lot 22, Block 23, Overton Addition, Unit No. L. 0. 10 - 15th Street. After consideration, motion was made by Commissioner Maner, sec6hded bar Commissioner I, _ O'Mara, motion carried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, nose voting Nay, to authorize cancellation of interest on paving lien provided the principal is paid immediately. (Commissioner Chappell being absent at the time) r 61-20-287 7 41 Bids were received for purchase of Microwave Testing'Equipment, being Bid No. 6044. Bid Tabulation set in Bid Book. After consideration of dll bids received, motion was'made by Commissioner Maner, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, none voting Nay , to authorize acceptance of the bids as follows: (Commissioner Chappell being absent at this time) Accept the Bid of R & R Supply Company for purchase of items 8 & 17. Accept the Bid of Ferris Instrument Company of Boonton, New Jersey for purchase`of item 19. Accept the Bid of Bird Electronic Corporation of'Cleveland, Ohio for purchase of item 37. Accept the Bid of Westinghouse`Electric Corporation of Abilene for purchase of items 18, 21, 22 & 31. R Accept the Bid of Eatl Lipscomb Associates of Dallas, Texas, for purchase of items 13, 25, 26 & 36. Accept the Bid of Femco Incorporated of Irwin, Pa., for purchase of item 34. Other items of this bid being deleted and will m t be purchased. 61-20-287-7 42 Bids were received for purchase of 585 L.F. 30" Clay Pipe, being Bid No. 6125. Bid Tabulation set in Bid Book After consideration of all bids received, motion was made by Commissioner Thompson, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Commissioners Mauer, O'Mara, and Thompson voting Yea, none voting Nay, to authorize acceptance of the bid of W.S. Dickey Clay Manufacturing Company of Texarkana, Texas, for purchase of this clay pipe. (Commissioner Chappell being absent at this time) 61-20-287-7-43 Motion by Commissioner O'Mara, seconded by Commissioner Maner, motion carried, Mayor Casey and Com- ,SE,F 1gX;4 w7_4 missioners Maner, O'Mara and Thompson voting Yea, none voting Nay, that the following Resolution be passed. (Commissioner Chappell being absent at this time) RESOLUTION WHEREAS, the City Commission has heretofore determined that the sale of Dumpmaster containers to in- dividuals and/or business establishments having a consistently large volume of garbage and other refuse matter would have an essential, expedient and beneficial effect toward improving the speed, economy and efficiency of municipal garbage collection and disposal; and in the best interests of the health and safety of the citizens of the City of Lubbock; and, WI£ REAS, the City Commission finds it necessary and expedient to have the execution of the Rental - Purchase Contracts of such containers executed by an administrative officer of the City; NOW THERE- FORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Manager is hereby authorized and directed, for and on behalf of the City of Lubbock, to execute all Rental -Purchase Contracts for the sale of Dumpmaster containers to individuals and business establishments having a consistently large volume of garbage and other refuse matter, such contracts to be in the form and subject to all conditions and limitations of that Cuitract form attached hereto, to which reference is here made for all purposes. SECTION 2. THAT the City Manager is hereby authorized and directed, for and on behalf of the City of Lubbock, to execute a bill of sale to all purchasers who may desire it, who have completed purchase of a Dumpmaster container either under the terms of that Contract hereinabove described, or by purcha fe through payment of the full purchase price set out in such Contract in one lump sum. The form of such Billlof Sale shall be subject to approval of the City Attorney. ' SECTION 3. THAT the City Secretary -Treasurer is hereby authorized and directed to attest the signature of such official in such Contracts and/or Bills of Sale, affixing the seal of the City �of�Lubbock thereto. . dye :layer ATTEST: zw& Lavenia Lowe, City Secretary- easurer RENTAL -PURCHASE CONTRACT i WHEREAS, the City Commission of the City of Lubbock has heretofore determined that the sale of D-4mp- master containers to individuals and/or business establishments having a consistently large colume of garbage and other refuse matter would have an essential, expedient and beneficial effect toward im- proving the speed, economy and efficiency of municipal garbage collection and disposal; and, WHEREAS, the person, firm or corporation heieinditer designated as "Purchaser" is desirous of purchasingi such Dumpmaster containers: NOW THEREFORE: WITNESSETH THAT the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, acting herein by AUG 10 1961 I. THAT City, in consideration of the following obligations undertaken by Purchaser, does hereby pro -is mise and agree to sell to Purchaser Dumpmaster container(s) in the following number and size: such container(s) to be sold in accordance with the following rate schedule: Container Size Cash Price Down Payment Required Monthly Payment 1 cubic yard $175.00 $17.00 $14.00 _ 2'cubic'yards 250.00 25.00 20.00 3 cubic yards 300.00 30.00 _ 24.00 . 4 cubic yards 350.00 35.00 225.00 6 cubic yards 450.00 45.00 36.00 y 8 cubic yards 550.00 55.00 44.00 II. THAT Purchaser does hereby promise and agree to pay to City, at its Auditing Department at City Hall, in Lubbock; Lubbock County, Texas, for such Dumpmaster container(s) as follows: The sum of DOLLARS, dow payment, cash in hand paid to the City of Lubbock, the receipt of which is hereby acknowledged and confessed, and the further consideration of twelve monthly payments, each in the sum of Dollars, the first of said equal in- stallments being being due and payable on or before the lst day df . , 19 , and a -like installment due'and payable on the 1st day of each of the eleven (11) consecutive months thereafter. (Such installments being the balance due on the cash price of such container(s) with interest thereoxi at six (6%) per cent per annum rounded off to the even dollars, all as shown by the rate schedule shown above, which schedule controls.) THAT it shall be the obligation of Purchaser to make all such monthly payments at the times and place required without any further notice ffom City that such payments are due. IV. < THAT the down payment and all monthly installment payments made by Purchaser, as above provided, shall be construed as fental payments until all such iAstallmentq are paid in full, at which~time the Dumpmaster container(s) shall bacome the sole property of Purchaser, and at such time City shall, if Purchaser desires, issue_Puxchaser a Bill of sale for such Dumpmaster contdiner(s) in such form as may be approved by its City Attorney. V. THAT in the event of default by Purchaser in any payment required by this instrument, or upon Purchasers breach of any other duty,'obligation, covAnant or condition herein contained, City may declare this agreement terminated, and take possission of the Dumpmaster container(s) involved and in such event no part of the down payment or any 6f the installments theretofore made by Pur- chaser shall in any way be construed as returnable to Purchaser and will be retained by City as stipulated and agreed rental to date of default. THAT all costs of upkeep, maintenance and repair of such Dumpmaster container(s), both during the life of this agreement and after payment in f4ll by Purchaser, shall beLthe sole responsibility al Purchaser, without any participation in such costs by City to any extent under any circumstances. Purchaser further agrees that such Dumpmaster container(s) shall at all times be maintained in such`state of repair as t6 enable City Sanitation Department crews to quickly and safely attach such container(s)-to the Dempster Dumpmaster Hoisting and Packer'Vehicle. Purchaser shall be responsible_ maintain such container(s) in a saf'e and sanitary condition and location, such point or points to be easily accessable to Sanitation Department vehicles, and in crnformity with all laws of the State of Texas and ordinances of the City of Lubbock, and all health and/or sanitation department rules and regulations made thereunder. IN TESTIMONY OF THE ASSENT OF ALL PARTIES HERETO, we hereby subscribe our names, this the TENTH day of AUGUST, 1961. CITY OF LUBBOCK, TEXAS, "CITY" BY: ooCfwd ATTEST: f � "PURCHASER" ATTEST: NOTE: 1. Individuals or owners of sole proprietorships may sign for theihselves, setting out the business or firm name underwhich they operate. 2. Any of the general partners may sign, for a partnership. 3. The president or any g.vneral vice-president or other authorized individual may sign for a corporation; but in such case the instrument shall be attested by the proper corporate officer and the corporate seal affixed. 4. The name of the business, if any, shall be typed or printed above the signature of the person si¢.ning. and in appropriate cases the title of the signtr shall be typed or printed after his [g] _I E --- SEE PAGE 287, ITEM NO. 61-20-287-743 AUG 101oe1 I PAGE 61-20-287-A-743-A ..�B:dc t RESOLUTION �4 t the Gale Commission has her determined ttalishments having WHEREAS. the City s s/or busies garbage sand other r use matter would �ecoonornY ve an of Dunapmm►star contAiners to i�Civid improving the s�esd. a consistently large volume 8 in the beat essential1 client and be affectlle t dig osalt and of muatcipat garbage collection and p Lubbocks and. and dficiencY sal et �i the ct�ens of the City of inteees of ttLe health and Y and Qxpedient to have WHE$�q the City Commission finds it necessary ental•f'urchase Contracts ef- such �atainsrs executed by the execution 01 R the Ci 1 NOW "T H&REF SW adt AdStrative officer of ► y THE {G1T�[ CO��ggIO1V CIF Tl: CITY CIF' LVBBC�GR: BE IT RESOLVED B is hereby THAT the �CC;jty�Mana�err u o executg'rION fore on aathorized and directed, master container�a toliividua s 'h consistently larSe tjglt�t:p`P of garbage and Rental-tPuvcha$* Contracts for the sets n Dump act to ail coodi• and business es#ablis htCon"rac to be in the force end"mot o which reference refasxnattsr, boas �►nd limitations of that C�Qtrct four attache8 heraio� is hers made for all purposes. ls, City Manager hereby SECTION 2• THAT the t e oc , to execu#e a on who 1"ve completed phase authorized and directed• !a who may desire it, s of that Contract hereiaabove bill of eats to all purchaser S. master container, either undeir tnt of the full purchase p`*'Ce se# out in of a Dip or by purchase through payment desFrlbBd. n one Jump suffi• The form of such Bill of Sale shall be subec such Of the City Attorney• to approvalterauthorized T the Gity Secretary-Tr4w k such is hereby T SEC.TION. 3. THA si e of e # ogfiolut iz such contracts and/or and directed to attest the g of L ock,t �o, Silk of Saes a#isiag the feat of the`City�° -I'T f-1& ., , `, « full owIm�::- P; "i S acid Ii yor �� acts y- reasures LAV a LAWes , .ontainc aah Down Rmymeat Uantlhly ins j RY gidr ed . - Font 1 4WAC Yard $175.00 $17.0014.00 4 iw yards 30. 16- 00 Z4.00 3 cable- Y"44 300.490 30.00 ?.4.00 cribdc jwd* 35D. 00 36. 40 719, 00 G ox a yb r7lb 450- G0 45.00 36.00 . r . eU cj� aa2: A+nv.4 ter--t.b promjso aid WS7ee to pay io G:►i y, a: .'S`!iit._. - - r.'t..s.{;. .:4x'.. i4"14•u # 3.t},:�$w - ,.yrrM.r�� #iONi$i> �p such-Dumpmaoter container(s) iL■ follows: The sum of DOLLARSO down payment, cash in 'A d paid to the City of Lubbock$ the =,;Vipt of which is hereby acl no*ladged and confesseds and the farther coasiderabon of r ,:e3s a bg i*Aty c& &My art WtU r, CkAy 01reov—r. 1 srm" 1 Y*f �'.e',*1-r i #—` iiIt1t t :1 PAGE 282-A RUG t u IWI 61-20-281-A-733-A SEE ITEM 61-20-281-q33-PU8.281 & 282 } Saba= Am.am 010 las199 MY tw i►# +' y•r 2014-1 ` 'J"AMY 1&1"W %o•I• Plap fray 1.8' W. ot uJOL of �,� Ate• to 350" we � 4010.�0 1 Of lit A um vvL : `�� of aim avo. to t ` at the 1141.11 I� vim, x . of sis" 2017• °' +may �' w`w'�^ i -. ..� o a ord W. e'er VpL 2M.Sq of tot 13 Aw • (B -Las) t• tea Wn LMS SUlf Ad klft 20110E n" fra a 3r8 Bt @ of vita A.o. to sow. of the WPL 20#8.43 Pan of of 218ft Avg. X. ad the irs, Sit& t 14' a. of 1pz' 'of .� of 29� 8t. {Z � M• . Sl#,dr lud try f A9'tb Be. (2, 1rl B.of thet!y of 10,294.s7 8** 14 1=4 to t`� L� of i229.12 20.00 969.48 3.78 274.00 2377.04 is.23 191��-8 Bl� 8�d f � � 2�#old is *� mv Past of the ally s. of • um to s 8.ot s.20 6.67 2009.1 8114b Lmd at. *O jQ r IF,,of GPL Of a�tl1 t 0� e " .A$ 1819.30 47.j0 IA7.22 L.P. S.I. C i tos Alley Roth $ B.I. n'j"7 aut#�U�r -49 26.00 Boy. Col. � ` tILM Mal Rom 22r048.34 10r233.04 47.70 MMRW.- dA -sue+. Beal 31.S6 3.33 '64,S)".60 63.12 .17 32•354 W6.32 26.00 141.22 294.49 26.00 @ 1.33 4 r837. @ 3.30 4.00 262.35 0 1.20 443.32 @ sew 333.39 cmmlAa CM r296`. 9 AUGa 71C0% AVG 10 1961 29 61-20-289 7 44 Motion by Commissioner Thompson, sew nded by Commissioner Maner, motion carried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, none voting May, that the following Resolution be passed. (Commissioner Chappell being absent at this time) RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES. WHEREAS, The City of Lubbock passed a resolution on September 22, 1960 authorizing the construction of ` street improvements by J. R. Fanning on portions of the following street: Locust Avenue from its intersection with a line 13.5 feet Northof North Property Line of 40th Street (West Leg) to its intersection with a line 13.5 feet North of the North Property.Line of 42nd Street (West Leg) , known and designated as Sub -Unit Number 1 of Unit Number 2033. Locust Avenue from its intersection with a line 13.5 feet North of the North Property Line of 42nd Street (West Leg) to.its intersection with a line 13.5 feet North of the.North Property Line of 44th Street (West Leg) known and de igw ated as Sub -Unit Number 2 of Unit Number.2033.. Locust Avenue from its intersection with a line 13.5 feet North of the North Property Line of 44th Street (West Leg) to its intersection with a line 13.5 feet North of the North Property Line of 46th Street (West Leg) known and designated as Sub -Unit Number 3 of Unit Number 2033. Locust Avenue from its intersection with a line 13.5 feet North of the North Property Line of 46th Street (West Leg) to its intersection with a line 13.5 feet North of the North Property Line of 47th Street (West Leg) known and designated as Sub -Unit Number 4 of Unit Number 2033. Locust Avenue from its intersection with a line 13.5 feet North of the North Property Line of 47th Street (West Leg) to its intersection with the North edge of the strip paving in 50th Street known and designated as Sub -Unit Number 5 of Unit -Number 2033. AND WHEREAS, the improvements upon the said -portions of the ab•ovementioned streets have been inspected and found to have been constructed according to the approved plans and specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS I. That the improvements on said portions of the abovementioned streets be, and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct th a payment of the City's lshar_e (and release escrow money). II. ., This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS LOTH DAY OF AUGUST, 1961. ATTEST 1;�i1te a owe, City Secretary AUGUST 10, .1961 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: David C. Casey, Mayor I have examined the paving improvements constructed by J. R. Fanning, paving contractor, as authorized by a resolution passed on September 22, 1960 and find the improvements on Locust Avenue 40th to 50th Street as listed on the final estimate sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authorize payment to the contractor the amount shown on the attached consolidated final estimate sheet as due him by the City of Lubbock. Yours very truly, aoha - T . Hickey�oii,._ City Engineer CONSOLIDATED FINAL ESTIMATE GWO 2620 Locust Avenue Accepted August 10, 1961 QUANTITIES _ _ Unit & Sub -Unit Location S.Y. L.F. S.Y. S.Y.- S.Y. Paving C&G Alley Valley Resurfacinj Ret. Gutter 2033-1 Locust Ave. frm 13.5' N. of the 3652.63 1193.64 9.11 NPL of 40th St. (W.Leg) to 13.5' N. of the NPL of 42nd St. (W.Leg) 2033-2 Locust Ave. frm 13.5' N. of the 3774.67 1162.04 NPL of 42nd St. (W.Leg) to 13.5' N. of the NPL of 44th St. (W.Leg) 2033-3 Locust Ave, frm 13.5' N. of the 4027.53 1240.58 NPL of 44th St.(W.Leg) to 13.5' N. of the NPL of 46th St.(W.Leg) 88.10 154.67 136.00 2 AUG 10 1861 2033-4 Locust Ave, fret 13.5' N. of the 3370.76 1106.08 61.43 NFL of 46th St. (W.LEG) to 13.5' N. of the NPL of 47th St. (W. Leg) 2033-7 Locust Ave. fret 13.5'N. of the 4304.43 1386.69 61.43 NPL of 47th St. (W.Leg) to the N. Paving Line of 50th St. TOTALS:19130.02 6089.03 9.11 210.96 290.67 COST ESTIMATE ti 19,130.02 S.Y. Paving @ $1.49 $28,503.73 6,089.03 L.F. Curb & Gutter @ 1.49 9,072.65 9.11 S.Y. Alley Return @ 5.00 45.55 210.96 S.Y. Valley Gutter @ 5.50 1,160.28 290.67 S.Y. Resurfacing @ 1.00 290.67 CONTRACT COST $39,072.88 COST DISTRIBUTION Unit & Sub -Unit Contract Cost Property Owner Cost City to Contractor NOW + 2033-1 7,266.49 7,520.66 a254.17 2033-2 7,994.92 7,782.96 211.96 2033-3 7,985.48 7,782.96 202.52 2033-4 7,008.36 6,498.08 "510-­28 2033=5 8,817.63 8,580.90 236.73 TOTALS: $39,072.88 $38,165.56 $907.32 61-20-290-745 Motion by Commissioner Maher, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Commissim ers Maner, O'Mara, and Thompson voting Yea, none voting Nay, that the following Resolution be passed. (Commissioner Chappell being absent at this time) RESOLUTION WHEREAS, the City Commission has heretofore determined that the City would contribute the customary city portion of the cost of street paving improvements„ as determined by City of Lubbock paving policy, to be constructed in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the hers of property abutting the North access road of 19th Street between Quaker Avenue and Peoria'.Avenue have requested permission to have pavement improvements constructed on the aforementioned access road and the paving of said access road is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvements,.and, WHEREAS, the owners of the property abutting on the herein described street will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the afovementioned Mans and specifications under the supervision of the City ,Z .Engineer, and the said owners desire that the City contribute its customary share towards such paving, and, WHEREAS, the contract cost of the pa vin g improvements will not exceed $5,365.56, the total cost not over $5,633.84, and the City's share in connection therewith would not exceed $268.28, leaving the property owner's portion not to exceed $5,365.56, such costs being well within the current prices for paving obtained by competitive bidding, and that such payment to be made by the City is reasonable, fair, and just to the abutting property owners, the City all other persons affected thereby, and that the sum of $268.28 will be duly budgeted in the budget, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: Section I. THAT, the City Engineer bg and he is hereby authorized to approve plans and specifications for paving on the access road herein described, provided that such plans and specifications meet th e usual requirements for paving on streets within the corporate limits of the City of Lubbock; said streets being as follows to -wit: North access road of 19th Street fin its intersection with a line 35 feet West of the East Prom rty Line of Quaker Avenue to its intersection with a line 15 feet East of the West Property Line of Peoria Avenue known and designated as Unit 2070. The City Engineer is further authorized and directed to duly inspect said paving cos struction on said access road and to require strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Commission, the City Engineer Is'authori:zed-to'pay the contractor in full and v final payment of the City's shane of the cost of the afovementioned improvements a sum not to exceed $0.00 which.is the City's share ($268.28) Less $268.28 engineering, leaving the amount due the contractor from the property owners not to exceed $5365.56. Section 2. This authority is conditioned that the owners of abutting property and the m atractor will pay for all material, and labor and costs incidental to such construction, indemnify the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, that the said owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said access road and the property Of iuu City of Lubbock, without any liability whatsoever, except for the payment of a sum of $0.00 to the contractor. On motion of Commissioner Maher, seconded by Commissioner O'Mara, the foregoing resolution was unamiously oassed by the Citv Commission this 10th day of Aucust. 1961. AUG 10 1961 291 ATTEST�h � Z Lavenia Lowe, City Secretary �4y David C. Casey, Mayor the owners of abutting property on the abovementioned street, and Pioneer Pavers, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the consideration therein stated., 4 � ..61-20-2917.46 Motion by Commissioner Thompson, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, to REJECT the proposal of Luther Bull that he be paid by the City of Lubbock for damages for moving a house from right-of- way in connection with acquiring right-of-way for Indiana Avenue at 58th Street. (Commissioner Chappell being absent at this time) , 61-20-291-747 In accordance with Notice to Bidders as recorded in Minute Book 20, page 248, bids were received ' for construction of 'Northwest Sanitary Sewer Outfall Line, GWO 10300. After all bids.were received, motion was made by Commissioner Maner, seconded by -Commissioner O'Mara, motion carried, Mayor Casey and Co m:issioners Mauer, O'Mara and Thompson voting Yea, none voting Nay, that the bids be opened ,and read, whereupon, the following bids were opened and read:, Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Commissioner Maner, seconded by C, is- sioner O'Mara, motion carried, Mayor Casey and Commissioners Maner, O'Mara, and Thompson voting Yea, none voting Nay, to authorize acceptance of the bid sgw§rBLiRpdgson in the amount of $89,109.46 for construction of the Northwest Sewage Treatment Plant/ Mayor Casey being hereby authorized to enter into contract. (Commissioner Chappell being absent at this time) 61-20-291 748) Motion by Commissioner Thompson, seconded by Commissioner Maner, motion carried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCL: SECTION I. THAT the Mayor of the City of Lubbock be and is hereby authorized for and on behalf of said City to execute a "License for use -of Public Way" to Dr. J. T. Krueger, Jr., for the purpose of placing and maintaing a Planter Box on the side walk portion of Broadway in the City of Lubbock, Lubbock County, Texas, a copy of said License being attached hereto and incorporated herein by reference for all purpbses. SECTION II. THAT the City Secretary -Treasurer is authorized and directed to Attest the signature of the Mayor to said License affixing the seal of the City of Lubbock thereto. Passed by the City Cirr ission this 10th day of August, 1961. W. e ATTEST: David C. Casey, Mayor LavetAX__ -owe, Secretary -Treasurer LICENSE FOR USE OF PUBLIC WAY THE STATE OF TEXAS COUNTY OF LUBBOCK This license made the loth day of August, 1961, between the City of Lubbock, a Home Rule Municipality; herein called "CITY" and Dr. J. T. Krueger, Jr., herein called "LICENSEE". WITNESSETH: THAT the parties hereto, for the consideration hereinafter expressed, convenant and agree as follows: Xl) In consideratioa of the sum of ONE AND N01100 ($1.00) DOLLARS, cash in hand paid, the receipt of which is hereby acknowledged, City hereby grants LICENSEE a license for the following purpose: Placing and maintaining a planter box not exceeding -twenty-four (24") inches by forty-two (42") inches in size, and not higher than two (2') feet above the surface of the sidewalk in front of 1014 Broadway in the City of Lubbock, Lubbock County, Texas, near the intersection of the curb line of said Broadway with the;East property line of Lot 9, B1&ck 119, Original Town of the City of Lubbock, Lubbock County, Texas. (2) This License is made subject to the condition 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 lsw and in equity and costs of whatsoever kind or nature which may grow out of or relate to the making of this License or the exercise by LICENSEE of any privileges granted by this License. LICENSEE shall further keep and maintain adequate insurance at LICENSEE'S own expense to protect LICENSEE and the City of Lubbock against public liability or property damage claims arisinf out of the exercise of the privileges granted by this License. (3) LICENSEE shall at all times exercise the privileges granted by this License in such a manner as manner as well not interfere with the public use of the public way at the location hereinabove des- cribed and so as not to create any dangerous or hazardous condition thereon, and subject to the supe rvisian of the City Engineer, LICENSEE shall erect such barricades, warning signs, sad other sagety devices as may be required by said City Engineer at no expense to CITY. 292 AtlG 10 196, a (4) CITY at its election may cancel and revoke this License, with or without cause, upon days notice to.LICENSEE. Said notice shall be deemed property served if deposited in the postpaid, addressed to LICENSEE at 1910 Knox-Cille, Lubbock, Texas. thirty (30) PeAtal Office, 1. V (5) This License and privilege shall not be transferable in whole or in part, and shall last jnuree to the benefit of any other person, firm, corporation, or organization other than LICENSEE except upon express 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) LICENSEE accepts the terms, covenants, and conditions of this License and agrees to be bound thereby, In the event two or more parties execute this instrument as LICENSEE, all covenants &ad agreements of this License shall be joint and several covenants and agreements of such parties. '(8) All covenant* and provisions of this instrument shall be binding upon and inure to the benefit of the successors, leggl representatives and assigns of the parties to the same extent and effect as same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by LICENSEE, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon CITY without the written consent of CITY in each instance. ATTEST: r 4 enia Lowe, City Secretar -Treasurer CITY OF X By: DAVID C. CASEY, Mayor 51-20-292-74.9 Lubbock home Builders Association requested that thgry be allowed t9 block a portion of 44th Street and Belmont Avenue in the 5400 Block. After consideration, motion was made by Coumiissioner Thompson, seconded by Commissioner Mauer, motion carried, Mayor Casey and Commissioners Mauer, O'Mara and Thompson voting Yea, none voting Nay, that the following Agreement be executed. RESOLUTION WHEREAS, the Lubbock Home Builder's Association desires to use a part of BeliAout Avenue and 44th Street as hereinafter more particularly described, together with abutting lots, in connection with a planned home display to be called the "Calvacade of Homes"; and, WHEREAS, the City Commission finds that permitting the use of such streets temporarily in connection with such home show and public exhibition of the entire project will be of great public interest and benefit; NOW THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION I. THAT the Mayo- is hereby authorized and directed to execute a License to the Lubbock Home Builder's Association to use that part of 44th Street and of Belmont Avenue described as follows, to -wit: To temporarily use and close that portion of 44th Street adjacent to Lots 137, 138, 139, 140, 141, 155, 156, 157, 158, 159 and 160 of Richland Hills Addition to -the City of Lubbock, Lubbock County, Texas, and that portion of Belmont Avenue adjacent to Lots 138 and 139 of said Richland Hills Addition, such use and temporary closing being permitted for the period beginning August 8, 1961, and ending Sep- tember 18, 1961, inclusive. The License shall be conditioned upon the said Association agreeing to reimburse the City of Lubbock at the end -of the use period for any and all Oamages to the streets which may occur during the time such streets.are temporarily closed, op. resulting from eny.use connected with such occupangy, and further conditioned that said Association at its own cost shall provide adequate public liability and property damage insurance on bekalf of the City protecting it from any and all claims anA all damages or loss resulting to any person or pwaous during the effective term of said Eicense. And further conditioned that upon the expiration of the ttrm of said Licanpe that the Licensee shall promptly remove any and all obstructions from said streets. And fmOter conditioned that all obstructions placed on such streets and all barricades blocking vehicular traffic into the -subject area shall be of such destgn and at such locations as to allow fast and expedient removal in the event such streets are needed for -the passage Of emergency vehicles. SECTION II. THAT the City, Secretary -Treasurer is. authorized and directed to attest the signature of the Mayor to such picense affixing the seal of the City of Lubbock thereto. Passed by the City Commission this loth day of August, 1961. A7 � 10 ez ATTEST: David C. Casey, Mayor Paz fO Lavenia Lewe, City Secretary Treasurer STREET USE LICENSE TO LUBBOCK HOME BUILDER'S ASSOCIATION This License is made and granted to the Lubbock Home Builder's Association, as authorized by Resolution of the City Congmissiou of the City of Lubbock, dated and passed the 10th day of _ August _, 1961, as. follows: AUG I n.30j R6 The Lubbock Home Builder's Association is hereby granted the rightto use and temporarily close that portion of 44th Street adjacent to Lots 137,138,139,140,141,155,156,137,158,159 and 169 of Richland Hills Addition to the City of Lubbock, Lubbock County, Texas, and that portion to Belmont Avenue adjacent to Lots 138 and 139 of said Richland Hills Addition, for the purpose of exhibiting homes in connection with the building and improvements on abutting property. 2. This License shall be effective for the period beginning August 8, 1961 and ending September 18, 1961, inclusive. 3. This License shall be conditioned upon the said Association agreeing to reimburse the City of Lubbock at the end of the use period for any and all damages to the streets which may occur during the time such streets are temporarily closed, or resulting from any use cor:nected with such occupancy and further conditioned that said Association at its oun cost shall provide adequate public liability and property damage insurance on behalf of the City protecting it from any and all claims and all damages or loss resultin- to any person or persons during the effective term of said License. And further conditioned that upon the expiration of the ter.i of said License that the Licensee shall prompt: remove any an4 all obstru-tions from said streets. And further conditioned that all obstructions placed on such streets and all barricades blocking vehicular traffic into the subject area shall be of such 'esign and at such locations as to allow fast and expedient removal in the event such streets are nodded for the passage of emergency vehicles. This License is issued subject to acceptance by the Lubbock Home Builder's Association -.nd such acceptance shall constitute the Association's Agreement to fully comply w'th the rovision4 and condi- tions of this License, an executed copy of which shall be filed with th ity 8 rd,ry David C. Casey, Mayor ATTEST: t Lavenid Lowe, City Secretary -Treasurer Acceptance by the Lubbock Home Builder's Association, this loth day of August, 1961. Lubbock Home Builder's Association By: Norman Igo, President 61-20-293-7.50 Motion by Commissioner Thompson, seconded by Commissioner BSaner, matica carried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, flames C. Etter, owner of the El Tejas Motel in the City of Lubbock, Lubbock County, Texas, desires to be granted an Aerial Easement and rights to permit construction of an overhead porch, over the public way at the location hereinafter more particularly described; and, WHEREAS, the City Commission finds that the granting of such Easement will not interfere with the public use of the street right of way nor create any hazardous or dangerous condition thereon; and would be authorized by Article 1085 B, Revised Civil Statutes of Texas; and the City Commission deems it expedient and in the public interest to grant such request; NOW THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION I. THAT the Mayor* be and he is hereby authorized and directed for and on behalf of the City of Lubbock toexecute the attached Aerial Easement from said City to James C. Etter, granting said James C. Etter the right to construct, operate and maintain an overhead porch subject to the conditions and limitations contained in said Aerial Easement, a copy of which is attached hereto and incorporated herein by reference for all purposes, said Aerial Easement to include an area not less than 10 feet nor more than 50 feet above the sidewglk elevation, and consisting of a strip of three feet in width and 150 feet in length adjacent to the West side of Lots 12 and 13 of Block 6, Country Club Addition to the City of Lubbock, Lubbock County, Texas, said strip being more particularly 3 described as follows, to -wit; Beginnin4 at a point 28 feet North of the Southwest corner of Block 6, Country Club Addition to the City of Lubbock, Lubbock County, Texas: THENCE North 150 feet to a point THENCE West 3 feet to a point; THENCE South 150 feet to a point; THENCE East 3 feet to the PLACE OF BEGINNING. SECTION II. THAT the City Secretary -Treasurer is hereby authorized and directed to attest the Mayor's signature to such Aerial Easement affixing the seal of the Cityof Lubbock thereto. Paasad by the City Commission this 10th day of August, 1961. XL rq _ ATTEST: r /d Laveni e, City Secretar -Treasurer DAVID C. CASEY, Mayor THE -STATE OF TEXAS} E'.niTNTV nF TMAROCKI AERIAL EASEMENT KHMIALL MEN BY THESE PRESENTS: ,94 AVG10} ; THAT the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, hereinafter referred to as Grantor, acting by and through 'ts officers as heretofore duly authorized by Resol- ution of its City Commission for and in consideration of ONE AND N01100 ($1.00) DOLLARS to it cash in hand paid by James C. Etter, of Lubbock County, Texas, hereinafter referred to as Grantee, receipt of which -is hereby acknowledged and confessed, does hereby to the the extent it may lawfully do so, GIVE and GRANT unto the said James C. Etter, without abandoning any public use right vested in Grantor, an Aerial Easement and right to construct, operate and maintain an overhead porch, in- cluding a floor, roof and wally thereof, over the public sidewalk and right of way along the West side of Lots 12 and 13 of Block 6, Country Club Addition to the City of Lubbock, Lubbock County, Texas, said Aerial Lasement being a strip three feet in width, 150 feet in length and being more particularly described as follows, to -wit: Beginning at a point 28 feet North of the Southwest corner of Block 6, Country Club Addition to the City of Lubbock, Lubbock County, Texas; THENCE North 150 feet to a point; THENCE West 3 feet to a point; THENCE South 150 feet to a point; THENCE East 3 feet to the PLACE OF BEGINNING. II. PROVIDED, THAT, such Aerial Easement is to begin at a point 10 feet above the sidewalk elevation thereunder and extend upward to a point no higher than 50 feet above said sidewalk elevation; and provided further that no column, post, or sign or other structure of any character whatsoever shall be placed on the public right of way. Prior to the construction of any improvements within the Aerial space authorized by this instrument, Grantee shall submit to the City Engineer plans and specifications of the construction to be done, and Grantee shall not commence construction of any of said improvements until such plans and speci- fications are approved by the City Engineer. IV. This grant is made subject to the condition that Grantee will pay all costs arising out of the exercise of the Easement and right herein granted, including but not limited to the replacement and repairing of paving, sidewalks, and utilities of any nature occasioned by the construction of the improvements contemplated by this instrument. All such repair and replacement to be done in accordance to the City of Lubbock specifications. V. This grant is made subject to the further condition that Grantee, his heirs, successors and assigns, shall at all times defend, indemnify and otherwise hold the Cityoof Lubbock, its officers, 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 mature -which may grow out of or relate to the granting of this right for the exercise by the Grantee of any privileges granted hereby. VI. This grant is made subject to the further condition that Grantee shall at all times exercise the rights herein granted in such a manner as will not interfere with the public way at the location hereinabove described and so as not to create any dangerous or hazardous condition thereon. TO HAVE AND TO HOLD the said premises together with all and singular the rights, privileges and appurtenances hereinabove granted unto the said James C. Etter, his heirs and assigns, forever, subject to the conditions herein provided. Grantee, James C. Etter, herein covenants for himself, his heirs, representatives and assigns forever, that this contract shall be observed and that the covenants, conditions and duties hereby placed on him shall run with the land and in addition to any causes of action accruing to Grantor for Grantee's failure to comply with said covenants, conditions and duties, aforesaid, the Grantor shall have the right of re-entry. WITNESS OUR HANDS the 10th day of August 1961. CITY Q'�7L , . BY; _`A'�,� ATLST: DAVID C. CASEY, Mayor �fl/lam Lavenia Lowe, City Secretary -Treasurer James C. Etter, "Grantee" +61-20-294 1;5f Motion by Commissioner Maner, seconded by Commissioner Thompson, motion carried, Mayor Casey and Commissioner Maner, O'Mara and Thompson voting Yea, none voting Nay, that Ordinance No. 3578 be passed on first reading. (Commissioner Chappell being absent at this time) ORDINANCE NO. 3578 ORDINANCE AN ORDINANCE ABANDONING AND CLOSING A PARKING LOT AREA, IF ANY LOCATED IN BUENAS CASAS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, 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 PARKING LOT, IF ANY, AS AFORESAID. AUG i o wst 61-20-295-753 Motion by Commissioner Maser, seconded by Commissioner Thompson, motion carted, Mayor Casey and Commissioners Maner, O'Mara -and Thompson voting Yea, none voting Nay, that Ehd'follewing 8§sdlution,;be-= passed;' . . " .,. (Commissioner Chappell being absent at this time) RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED OR DEEDS FOR AND ON BEHALF OF THE CITY OF LUBBOCK TO A PARKING AREA, IF ANY, DEDICATED, IF IT IS SO CONSTRUED, FOR SAID CITY ON THAT CERTAIN PART OR PORTION PARTICULARLY DESCRIBED IN THE BODY -OF THIS ORDINANCE, BUENAS CASA ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the dedication, if any, herein considered is not certain and clear enough to say without re- servation that it is a binding dedication, due to the fact that the dedication deed amkes mention of a parking area, but on the final plat there is not lettered in as "Parking Area" or some other designatio: to delineate what is the parking area; and, WHEREAS, the City of Lubboc- has taken no formal action as a matter of public record accepting the dedi4 tion, nor has it by its conduct with regard to the area accepted the dedication by conduct; and, WHEREAS it is questionalbe whether the dedication, if any, considered herein was intended by the deve- Iopers to dedicate this -area as a parking area for the public use; and, WHEREAS, said area was dedicated, if it is so construed, to the City of Lubbock, and to the public without solictation or request on the pgrt of the City of Ltibbock, and, WHEREAS, it is questionable whether the dedication of a -"Parking Area" is a proper use for a dedication to a city, and to the public; and, WHEREAS, a "Parking Area" has not been, and is not now, necessary for construction, maintenance, or use for public purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION I. THAT the Mayor be and he is hereby authorized to execute for and on behalf of the City of Lubbock a Quit Claim Deed to Harry C. Sieber and wife, Enna R. Sieber, and E. Hayes Sieber of any right title, interest, estate, claim or demand in or on that part or portion hereinafter particularly des- cribed of Buenas Casa Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follvws, to -wit: BEGINNING at the Northwest corner of Lot 156, Buenas Casas Addition to the City of Lubbock, Lubbock County, Texas; THENCE North 88059'30" East 147.57 feet to the Northeast corner of Lot 156; THENCE South 9 00'30" East 147.57 feet to the Southeast corner of Lot 156; THENCE North 89034' East 350 feet to the South-est corner of lot 146; THENCE North 0000'30" West 194.95 feet to the most Westerly Northwest corner of Lot 139; THENCE North 44059'30"' East 90 feet to the most Northerly corner of Lot 139; THENCE North 45000130 " West 10 feet to the most Easterly corner of Lot 119; THENCE South 44059'30" West 90 feet to the most Southerly -corner of Lot 119; THENCE North 45000'30" West 137.96 feet to the Southeast corner of Lot 114; THENCE South 89059'30" West 350 feet to the Southwest corner 6f Lot 101; THENCE South 0000'30" East 190 feet to the PLACE OF BEGINNING. SECTION II. But without prejudice to any public or private easements heretofore granted by instrument, ,or instruments of record, and expressly without prejudice to the drainage easement of record in Volume 839 P. 28, and Volume 841 P. 677, Deed Records of Lubbock County, Texas, bound an' 4escribed particular: as follows, to -wit: BEGINNING at the point which is 12 feet South 45000'30" East of the Southeast corner of Lot 119, Buenas Casas Addition to the City of Lubbock, Lubbock County, Texas; s THENCE South 45000'30 " East 36.0 feet; THENCE South 0000'30" East 203.50 feet; THENCE South 89034' West 24.45 feet; THENCE North 0000'30" West 229.15 feet to the POINT OF BEGINNING. SECTION III. THAT the City Secretary is hereby att horized and directed to attest the signature of the Mayor and affix the seal of the City of Lubbock thereto. Passed by the City Commission this loth day of August , 1961 4 ATTEST. David C. Casey, Mayor Lavenia.Lowe, City Secretary -Treasurer QUIT CIAIM DEED THE STATE OF TEXAS COUNTY OF LUBBOCK THAT, WHEREAS, the City Commission of the City of Lubbock, a Home Rule MiLnicipality in the County of Lubbock, State of Texas, did, at a regular meeting, a quorum being present, on the 10th day of August, 1961, appoint the undersigned David C. Casey, Mayor, to Quit Claim any right, title, interest; claim and demand in and to a certain tract or parcel of land hereinafter described, referencgr being made to said resolution of appointment now of record in book -20 page 295 of the minutes of the City Commission of the City of Lubbock, Texas; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, the City of Lubbock, a Home Rule Municipality of the County of Lubbock and State of Texas, here- inafter feferred to as GRANTOR. for and in consideration of the sum of ONE DOLLAR. to it in hand nald a: 296 �") 1 o 1961 the part of Harry C. Sieber and wife, Emma R. Sieber, and E. Hayes Sieber, a single man, of the receipt whereof is hereby acknowledged, have QUITCLAIMED, and by these presentp do QUITCLAIM unto the said GRANTEES all its right, title, interest, claim and demand in and to a certain tract and parcel of land situated in the County of Lubbock, bound and described as follows, to'wit: BEGINNING at the Northwest corner of Lot 156, Buenas Casas Addition to the City of Lubbock, County, Texas; THENCE North 89059'30`° East 140 feet to the Northeast corner of Lot 176; THENCE South 0000'30" East 147.57 feet to th- Southeast corner of Lot 156; THENCE North 89034' East 350 feet to the Southwest corner of Lot 146; THENCE North 000o'30" West 194.95 feet to the most Westerly Northwest corner of Lot 139; THENCE North 45000'30" West 60 feet to the most Easterly corner of Lot 119; THENCE Sotith 44059130" West 90 feet to the most Southerly corner of Lot 119; THENCE North 45000'30" West 137.96 feet to the Southeast corner of Lot 114; THENCE South 89059130" West 350 feet to the Southwest corner of Lot 101; THENCE South 0000'30".East 190 feet to the PLACE OF BEGINNING. But without prejudice to any public or private easements heretofore granted by the said GRANTEES BY instrument, or instruments of record in Volume 839, page 28, and Volume 84, page 677 of the Deed Records of Lubbock County, Tdxas, bounded and described as follows, to -wit: BEGINNING at the point which is 12 fr- t South 45.000'30" cast of the Southeast corner of Lot 119, Buenas Casas Addition to the City of Lubboek, Lubbock County, Texas; THENCE Seugh 45000'30" East 36.0 feet; THENCE South 0000'30" East 203.50 feet; THENCE South 89034' West 24.45 feet; THENCE North 0000'30" West 219.15 feet to the POINT OF BEGINNING. with all and singular its and eachof its right, title, interest, estate, claim, and demand its and to the heriditaments and appurtenances thereto belonging or in any wise pertaining; to HAVE AND TO HOLD the above released rights, titles, interests, claims and demands to the said GRMTLSS, their heirs and assigns, forever, so that neither the said GRANTOR nor its successors and assigns, nor any person or persons claiming under it shall, at any time hereafter, have, claim,or demand any right or title to or interest in such property, premises or.appurtenances, or any part thereof, at any time herea€ter. In testimony whereof, the GRANTOR has caused its corporate name to be hereunto subscribed by its Mayor and its duly attested corporate seal to be affixed by its Secretary, all in the City of Lubbock, County of Lubbock, State of Texas, this 10th day of August, 1961. ATTEST: r Lavenia Lowe, City Secretary -treasurer CITY OF BOCK Da*td C. Casey, Mayor 61-20-296-753 Motion by Comumissioner Maner, seconded by Commissioner Thompson, motion carried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, that the following Ordinance No. 3579 be passed on first reading. ORDINANCE NO. 3579 ORDINANCE AN ORDINANCE CANCELLING AND REPEALING ORDINANCE NO. 3569 OF THE CITY OF LUBBOCK. WHEREAS, after due and further reconsideration it has been determined by the City Commission that Ordinance No. 3569 heretofore passed at this meeting should be cane&fled and the action thereon rescinded; and, WHEREAS, this Ordinance affects the daily operation of tjie Building Inspection Department, of the City of Lubbock, which creates an emergency; NOW THEREFORE: BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT Ordinance No. 3569 is hereby cancelled and repealed and shall have no force or effect, and this Ordinance shall take effect immediately as an emergency measure after its passage, the rule requiring two readings of an Ordinance before passage being suspended. AND IT IS SO ORDERED Unanimously passed by the City Commission this 10th day of August, 1 A ATTEST: David C. Casey, Mayor l/lU Lavenia Lowe, City Secretary -Treasurer 61-20-296-754 Motion by C-� lissioner O'Mara, �,socondea-by Commissioner 11h9_%pP.PR,,, motion carried, Mayor Casey and Commissioners I- .:, O'Hara, and Thompson voting Yea, none voting May, that Ordinance No. 3580 be passed on first reading. (Commissioner Mauer abstained from voting) ORDINANCE NO. 3580 AN ORDINANCE ANANDONING AND CLOSING A PORTION OF KING AVENUE BETWEEN 28TH STREET AND SOUTHEAST DRIVE. 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 ABANDONMFN T OF SAID PORTION OF KING AVENUE AS AFORESAID. AUG 10 1961 291 w NO FHSTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COMMISSION ADJOURNED FROM.REGULAR RECESSED . MEETING AUGUST 3, 1961. ` Read and approved this the 24th day of August 1961. ATTEST Lave is Lowe, City cretary-Treasurer RECESSED REGULAR MEETING: - / J."__i David C. Casey, Mayor August 17, 1961 Lubbock, Texas The City Camra3ssion of the City of Lubbock, Texas, met at 10:00 o'clock a.m. in Recessed Regular Sessioi Recessed from 'tegular Meeting of August 10, 1961, in the regular meeting place in the Central Fire Station Building, the following members thereof, being present, to=wit: Mayor Pro -tern Vernon E. Thompson, and Commissioners Otis Maner, W. C. O'Mara and Frank H. Chappell, Jr. City Manager H. D. Clifton, City Secretary -Treasurer Lavenia Lowe. Absent: Mayor David C. Casey 61-20-297-755 Motion by Commissioner Chapppkl, seconded by Commissioner Maner, motion carried, Mayor Pro-tem Thomp- son ant Conmissionars Maner, O'Mara ad Chappell voting Yea, none voting Nay, to approve the cancellation of unreturned customer deposits in the amount of $962.20 whack represents all City of Lubbock checks fo: customer water deposits thru March 31, 1961, that the City os unable to deliver. 61-20-297-756 Motion by Cmmissioner Chappell, seconded by Commissioner Hamer, motion carried, Mayor Pro-tem Thompson :nd Comissioners Maner, O'Mara and Chappell voting Yea, none voting Nay, to approve the adjustment of the "City of Lubbock Consune rs Deposit Liability Account" by reducing the city liability account and increasing Surplus Account by $27,091.42. This will transfer the old inactive and unreturned customer deposit liabilities into "Contributed Surplus." NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COMMISSION ADJOURNED FROM RECESSED REGULAR MEETING AUGUST 17, 1961. ATTEST: lei kZ", Lavers' Lowe, City S rotary -Treasurer REGULAR MEETING: David C. Casey, Mayo Lubbock, Texas Auguust 24, 1961 The City Commission of the -.sty of Lubbock, Texas, met at 9:30 o'clock a.m. in the regular meeting plac in the Central Fire Station Building, the folluwing members thereof being present, to -wit: Mayor David C. Casey and Commissioners Otis Maner, W.C. O'Mara, Frank H. Chappell, Jr., and Vernon E. Thompson, City Attorney Fred 0. Senter, Jr., City Manager H. P. Clifton, Assistant City Manager Fritz Lanham, City Secretary -Treasurer Lavenia Lowe. Absent: None 61-20-297-757 Invocation was given by Mayor David Casey. 61-20-297-758 Motion by Commissioner Maner, seconded by Commissioner Thompson, motion carried, Mayor Casey, and Commissioners Maner, O'Mara, Chappell and Thompson voting Yea, none voting Nay, to approve Minutes of City Commission as follows: Regular Meeting held August'10, 1961; Recessed Regular Meeting held August 17, 1961. 61-20-297-759 Motion by Commissioner Thompson, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Commissioners Maner, O'Mara Chappell and Thompson voting Yea, none voting Nay to approve Minutes of Accounts Allowed. General City Special (BCD) Reserve & Insurance Premium Undistributed Tax Sewer Pro-Rata Social Security Auditorium Operational Tax Certificate Special Corporation Court Escrow Airport Revenue Electric Revenue 1956 Water Works (Electric) Working Captial VOUCHERS FOR JULY (August 24, 1961 Agenda) Check List Approved by Commissioner Thompson Check Numbers 5553 thru 5974 14 120 thru 136 48 thru 51 177 thru 195 3 & 4 394 thru 403 12 thru 13 38 thru 40 42 thru 45 445 thru 475 1323 thru 1446 66 thru 68 2602 thru 2869 Interest & Sinking Street Lighting Sanitary Sewer 30 thru 37 57 thru 68 288 thru 299 98 AUG 10 1%1 AUG 2 4 L%j 61-20-298-781-A - lion by Commissioner Mazer, seconded by CamYissioner O'Mara, :notion carried, Mayor Casey and Commissioners Mazer, O'Mara, Thompson and Chappell voting Yea, none voting Nay, that the following Resolution be passed. DACln7 UPPYAW RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the sub- divider of Pleasant Ridge Addition, made arrangements with Kerr Paving Company for the w nstruction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Pleasant Ridge Addition, Lot 568 to 609 including the following streets: Chicago Avenue from its intersection with a line 2.5 ffet South of South Property Line of alley North of 9th Street to its intersection with a line 3 feet South of the South Property Line of alley South of 9th Street known and designated as New Subdivision Unit Number 902. 9th Street from its intersection with a line 16 feet East of East Property line of Chicago Avenue to its intersection with a line 15 fiet West of West Property Line of Bangor Avenue known and desig- nated as New Subdivision Unit Number 903. AND WHEREAS, the construction of the above improvements on the abovementioned 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 LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost. II. This resolution shall take effect and be in force from and after its passage. • e PASSED AND APPROVED THIS 24th DAY OF AUGUST, 1961. David C. Casty, Mayor ATTEST: / 1 � � �� /Lavenie Lowe, City Secretary -Treasurer August 24, 1961 Honorable Mayor and City Comission. Lubbock, Texas GEnit lemen : I have examined the paving improvements constructed by Kerr Paving Company, paving contractor, under their contract with the subdividers of Pleasant Ridge Addition and find the improvements on 9th Street and Chicago Avenue as listed on the final estimate sheet to hue been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authorizing payment to the contractor the amoutt shown on the attaghed consolidated final estimate sheet as due them by the City of Lubbock. Yours very truly, John T. Hihkersoa City Engineer QUANTITIES CONSOLIDATED FINAL ESTIMATE PLEASANT RIDGE LOTS 768-609 ACCEPTED AUGUST 24, 1961 Sub-Ur.i:t Location S.Y. Pavag L.F. S.I. Ailey S.Y. Valley C&G Rat. Gutter ` NS 902 Chicago Ave frm 2.5'S. of SPL $1432.91 626.88 18.89 111.75 of alley N. of 9th St. to VS. of SPL of alley S. of 9th St. NS 903 9th St. frsn 16'E. of EPL of 5005.44 2815.56 t Chicago Ave to 15'W of WPL of Bangor Avenue TOTAL 6438.35 3442.44 18.89 11.75 COST DISTRIBUTION Sub -gait Contract Cost ProRerty Owner Cost City to Contractor NOW 102 3605.1Q 903 11312.30 3288:87'= 11312.30 316.32 TOTALS $14917.49 $14601.17 $316.32 COST ESTIMATE 6CA00 7c 0 V (a 7 A