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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/28/1961159 r r F1 r r December 28, 1961 Lubbock, Te.�as k I REGULAR MEETING: r The City Commission of the City of Lubbock, Texas, met at 9:30 o'clock a.m. in regular session in j the Central Firn Station Building with the following members thermof being present, to -wit: I Mayor David C. Casey and Commissioners Otis Maner, W.C. O'Mara, and Vernon E. Thompson, City Attorney Fred 0. Sonter, Jr., City Manager H. P. Clifton, Assistant City Manager Fritz Lanham, City Secretary - Treasurer Lavenia Lowe. Absent: Frank H. ChaApell, Jr. Commissioner 61-20-459-1198 Invocation was given by City Manager H. P. Clifton. 61-20-459-1199 Motion by Commissioner O'Mara, seconded by Cousaissioner Manor, motion carried, Mayor Casey and Com- missioners Manor, O'Mara and Thompson voting Yea, none voting Nay, to approve Minutes of City Com- mission as follows: Recessed Regular Meeting, December 7, 1961; Regular Meeting, December 14, 1961. 61-20-459-1200 * Motion by Commissioner Manor, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Com- missioners Maner, O'Mara and Thompson voting Yea, none voting Nay, that Ordinance No. 3667 be passed on second and final reading. ORDINANCE No. 3667 nDnTmA urn AN ORDINANCE PROHIBITING PARKING AT ALL TIMES IN ZD NES ON THE SOUTH SIDE OF 19THSTREET FROM THE INTERSECTION WITH COLLEGE AVENUE AND EXTENDING THREE HUNDRED AND TWENTY FEET TO THE EAST AND TO THE WEST FROM SAID INTERSECTION, REMOVING PARKING RESTRICTIONS ON THE SOUTH SIDE OF 19TH STREET FROM THE _ POINT THREE HUNDRED AND TWENTY FEET WEST OF THE INTERSECTION WITH COLLEGE AVENUE AND EXTENDING WEST TO NASHVILLE AVENUE, REPEALING CERTAIN PROVISIONS OF ORDINANCE NOS. 1123, 1182, 1441, 1515-IN - '- CONFLICT HEREWITH: -AUTHORIZING PAINTING OF CURBS AND PLACING OF SIGNS: PROVIDING A PENALTY. AND, PROVIDING FOR THE ALTERNATE MEAM OF PUBLICATION OF THIS ORDINANCE. bl-20-459-1201 Motion by Commissioner Thompson, seconded by Commissioner O'Mara, motion carried, Mayor Casey and w Commissioners Manor, O'Mara and Thompson voting Yea, none voting Nay, that Ordinance No. 3668 be passed on second and final reading. ORDINANCE NO. 3668 ' ORDINANCE AN ORDINANCE EXTENDING THE TEN MONTH TIME LIMIT WITHIN WHICH TO APPLY AND SECURE A Bi:ZLDING PERMIT AS IS SET FORTH IN SECTION WA. 5 of ZONING ORDINANCE 1695, A CONDITION TO ORDINANCE 3487 (ZONE CASE 898): PROVIDING FOR PUBLICATION AND THE EFFECTIVE DATE OF THIS ORDINANCE. 61-20-459-1202 Motion by Commissioner Thompson, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Com- missioners Manor, O'Mara, and Thompson voting Yea, none voting Nay, that Ordinance No. 3669 be passed on second and final reading. ORDINANCE NO. 3669 ORDINANCE AN ORDINANCE AMENDING AND EXTENDING THE TIME LIMIT OONDITION FOR ZONE CHANGE (ZONE CASE 862) CONTAINED IN SECTION I (4) OF ORDINANCE NO. 3223. .61-20-459-1203 Motion by Connaissioner Manor, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Com- missioners Maner, O'Mara and Thompson voting -Yea, none voting Nay, that Appropriation Ordinance No. 3670 be passed on second and final reading. ORDINANCE NO. 300 APPROPRIATION ORDINANCE WHEREAS, t6- City Commission of the C$ y of Lubbock finds it is necessary to appropriate certain specific Funds out of bond funds for an approved project: NOW THEREFORE, BE IT ORDAINED BY THIN CITY COMMISSION OF THE CITY OF LUBBO(: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvers nt THE sum $55,100.00 For the following purpose: Condemnation proceedings judgment award of $55,000.00 to acquire parcel 1, project 8005-1-1, U.S. Highway 84 from Coca Cola Bottling Works at the Traffic Circle plus $100.00 for legal and filing fees. 61-2D-459-1204 Motion by Commissioner O'Mara, seconded by Commissioner Manor, motion carried, Mayor Casey and Com- missioners Manor, O'Mara and Thompson voting Yea, none voting Nay, that Appropriation Ordinance No. 3671 be passed on second and final reading. ORDINANCE NO. 3671 APPROPRIATION ORDINANCE WHEREAS, the City Commission of the City of Lubbock finds it is necessary to appropriate certain specific funds out 6f bond funds for an approved project: NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund to-wit:Street Improvement Fund THE sum $22,350.00 For the following purpose: The jury award of $85,000.00 was given to cover acquiring parcels 237 and 333 froin Gayle and Bogen. Special Commissioners awarded 462,750.00 deposit in tba County Court Office by City check 13280. January 18, 1961; appropriation ordinance ordinance 3248. this ordinance 460 DEC 8 196, 61-20-460-1205 Motion by Commissioner Thompson, seconded by Coronissioner O'Mara, motion carried, Mayor Casey and Com- missioners Maner, O'Mara and Thompson voting Yea, none voting Nay, that Ordinance No. 3673 be passed on second and final reading. ORDINANCE CIO. 3673 ' 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: NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the follocd.ng desdribed bond fund, to -wit: City Hall Bond Fund THE sum $72,373.73 - For the following purpose: Purchase of partitions and ba rdware for City Hall 61-20-460-1206 Motion by Commissioner O'Mara, seconded by Commissioner Thompson, motion carried, Mayor C:nsey and Co:'u- missioners Maner, O'Mara, and Thompson voting Yea, none voting Nay, that Ordinance No. 3672 be passed on second and final reading. ORDINANCE NO. 3672 ORDINANCE AN ORDINANCE ABANDONING AND CLOSING A PORTION OF PECOS AVENUE AND 5TH PLACE, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE: AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SAID PORTION OF PECOS AVENUE AND 5TH PLACE. k 61-20-460-1207 Motion by Commissioner Maner, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Com- missioners Maner, O'Mara, and Thompson voting Yea, none voting Nay, that Appropriation Ordinance No. 3675 ba passed on second and final reading. ORDINANCE N0. 3675 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: 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 $4,818.24 For the following purpose: Construction of an 8" sanitary sewer line ahead of Loop 289 construction ` at Cypress Road. U 61-20-468-1208 Motion by Commissioner Maner, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Com- missioners Maner, O'Mara, and Thompson voting Yea, none voting Nay, that Appropriation Ordinance NO. 3676 be passed on second and final reading. oRDIRANCE N0. 3676 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: NOW THEREFORE BE 3T 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 $4,661.75 For the following described purpose: Construction of 8" water line ahead of Loop 289 construction at Cypress Road. 61-20-460-1209 Motion by Commissioner Thompson, seconded by Commissioner O'Mara, motion carried, Mayor Casey andCom- i missioners Maner, O'Mara, and Thompson voting Yea, none voting Nay, that Appropriation Ordinance No. 3679 be passed on second and final reading. APPROPRIATION ORDINANCE ORDINANCE NO. 3679 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: NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond Bend, to -wit: Traffic Signal Fund THE sum $6,186.50 0 For the following purpose: (1) Labor and material to instal fire control signal and connect other signals on 50th Street to Fire Station. $1,295.56 (2) Labor and amterial to install traffic signal ' at 50th Street and Avenue U. $1,992.42 (3) Labor and material for sognal modification at 50th Street and Avenue Q. $837.93 (4) Labor and material to install traffic signal at 19th Street and i Slide Road. $2,060.59. 61-20-4.60-1210 Motion by Commissioner Maner, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Com- missioners Maner, O'Mara and Thompson voting Yea, none voting Nay, that Appropriation Ordinance No. 3680 be passed on second and final reading. 61 DEC 28 1961 r r r r r T!O$EAS, the City Commission ofthe City of Lubbock finds it is necessary toappropriation certain specific funds out of bond funds for an approved project: 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 -twit: Sanitary Sewer Bond Fund - -THE sum $2755.16 f! For the following purpose: Additional work required on Southeast Sewage Treatment Plant Improvema nts. II This additional work was required to meet conditions found after construction was started and includes additional piping, fittings, and valves togethar�with the labor to install them. 61-20-461-1211 Motion by Commissioner Thompson, seconded by Commissioner O'Mara, motion -carried, Mayor Casey and Com- missionsrs Manor, O'Mara and Thompson voting Yea, none w ting Nay, that Ordinance No. 3681 be passed on second and final reading. ORDINANCE NO. 3681 ORDINANCE AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TJ MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 935: CHANGE LOTS 1,-2, AND THE EAST 40 FEET OF LOT 3, BLOCK 1, WEST GATE DRIVE ADDITION INSTALLMENT NO. 1, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK OUNTY, TEXAS FROM AN "R-l" TO A "C-3" ZONING DISTRICT. (SAID PROPERTY BEING LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF 19TH STREET AND QUAKER AVENUE): SUBJECT TO CONDITIONS. 61-20-461-1212 Motion by Commissioner Thompson, seconded by Commissioner O'Mara, motion=carried, Mayor Casey and Com- missioner Manor, O'Mara and Thompson voting Yea, none voting Nay, that Ordinance No. 3682 be passed as an emergency measure. ORDINANCE NO. 3682 ORDINANCE AN ORDINANCE AMEN11 NG THE FIRE ZONING MAP OF THE CITY OF LUBBOCK SO AS TO PLACE PROPERTY CHANGED IN ZONING CLASSIFICATION (ZONE CASE NO. 935) IN FIRE 2D NE NO. 2; AND DECLARING AN EMERGENCY AND EFFECTIVE DATE OF THIS ORDINANCE. .61-20-461-1213 NOTICE OF ZONING HEARING NOTICE is hereby given to owners of the property herein described or referred to and to all other persons as provided by law, that the City Commission will hold a -public hearing on the 28th day of December, 1961 at 10:00 o'clock A,M., in the Assembly Room of the Central Fire Station Building, located at 503 Avenue K, in Lubbock, -Texas, to -consider the reemmandat ions of the Zoning and Planning Commission that the zoning district of the property herein described be changed; and at which time and place all interested parsons will be given an opportunity to be heard, after which hearing, the City Commission will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendations. ZONE CASE NO. 960-Request of Harold Chapman (for Roy Hyatt) to change Lots l and 2, Block 127, Overton Addition to ttn City of Lubboc:_, Lubbock County, Texas, from an "R-2" to an "R-3" zoning district. (Said property being located at the southwest corner of theinterseetion of 7th Stroot and Avenue W. The Planning and Zoning Commission recommended to the City Commission that this request be granted, subject to the following conditions: 1. That one paved, off-street parking space be provided for each living unit of the apartment develop- ment. I� 2. That no parking be placed in the front yard area. - ZONE CASE NO. 961-Request of John J. Jones to change the following described property, to -wit: BEGINNING at the southeast corner of Lot 282,Wilshira Park Addition to the City of Lubbock, Lubbock County, Texas; THENCE east 251.75 feet; '. THENCE worth 132.5 feet to a point; �THENGZ south 132.5 feet to the point of BEGINNING, from an "R-1" to an "R-2" zoning district. (Said property being located at the northwest corner of the intersection of East 2nd Street and Cherry Avenue.) The Planning & Zoning Commission recommended to the City Commission that this request be granted. - ZONE CASE NO. 962- Request of Bert A. Nelson (for W.A. Brownfield, at al.)to change Lots 11 through 20 inclusive, Melba Addition, a subdivision of Roberson Addition, all being additions to the City of Lubbock, Lubbock County, Texas, froman "R-2" to an "H-3" zoning district. (Said property being located in the 1500 Block of 30th Street). l The Planning and Zoning Commission recommended to the City Commission that Lot 11, Block 3, Summer Hill Addition be changed from an "R-2" to an "R-3" zoning district, subject to the following coed it 1. That an instrument securing the consent of each property owner in the 1500 Block of 30th Street, to this w me change, be filed with the Secretary of the Planning and Zoning Commission. 2-. That the development of the property shall be limited to apartment development only. 3. That one paved, off-street parking space shall be provided for each apartment unti of the develop- ment. - ZONE CASE NO. 963-Request of Edward W. Napier (for Earl Ince,.Sr., and Earl Ince, Jr.) to change the east 401.41 feet of the south one-half of Lot Four, Block 32, Crump Five Acre Addition to the City of Lubbock, Lubbock County, Texas, from an "R-2" to a "C-3" zoning district. (Said property being located at the northwest corner of the intersection of Avenue P and 50th Street.) q,"- '010--r-n A. 7n,. i,.n r�40,34^� to Oia (.if-u rrwgwn4cg4n1n that this rgimiah:t ha arolarad- 62 DEC 28 1961 1. That the development of tta property considered by this case observe a 43' buffing line along the 50th Street frontage. 2. That the driveway openings permitted to serve the property shall be not .wore than two openings permitted on Avenue P and four openings permitted on 50th Street. ZONE CASE N0,-964-Request of Donald L. Smith (for Sam. C. Newman Estate) to change Lots 8, 10,11, add 12 Block 2, Ratliff Addition to the City of Lubbock, Lubbock County, Texas, from a "C-3" to an "M-l" Zoning district. (Said property being located on the north side of 5th Street in the 1600 Block). The Planning and Zoning Commission recommended to theCity Commission that this request be granted, ZONE CASE NO. 965-Request of Lawrence Melchor (for R.O. Bennett) to change the following described property, to -wit: BEGINNING at iron pipe set 15' east and 5' north of the original southwest corner of Lot 1, Block 1 Ross Putty Addition to the City of Lubbock, Lubbock County, Texas; THENCE east along north line of 38th Street 172.5' to iron pipe, southwest corner of Tremarco- Benton Addition; THENCE north along west line of Tremarco-Benton Addition 362.4' an "X" out in concrete walk, north- west corner of Tremarco-Benton Addition; THENCE west along south line of 37th,Street 172.1' to iron pipe set on east line of 15' alley; THENCE south 362.4' to PLACE OF,BEGINNING, from an "R-2" to an "R-3` zoning district. (Said property being located between 37th and 38th Streets - in the 100 Block). The Planning & Zoning Commission recommended to the City Commission that this request be granted, subject to the following condition: 1. That one paved, off-street parking space be provided for each unit of an apartment development or for each 200 square feet of building area for other than apartment dove meat. I Lavenia we, City S retar -Treasurer 61-20-462-1214 In accordance with Notice of Zoning Hearing as recorded in Minute Book 20, page 461, hearing was held on Zone Case No. 960-Request of Harold Chapman (for Roy Hyatt) to change property located at the southwest corner of the intersection of 7th Street and Avenue W from "R-2 " to "R-3" zoning dLstrict. Mr. Chapman appeared in support of this zone change, The following persons appeared in protest of f the zone change: C.J. Van Beekum; C.H. Cox; C.C. Jones; Mr. Payne. After consideration, motion was made by Commissioner Thompson, seconded by Commissioner O'Mara, motion carried, Mayor Casey, and Commissioners Manor, O'Mara, and Thompson voting Yea, none voting May, that Ordinance No. 3683 be passed on first reading, subject to conditions. 0 ORDINANCE NO. 3683 1 ORDINANCE AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOVE NG CHANGE: ZONE CASE NO. 960: CHANGE LOTS 1 AND 2, BLOCK 127, OVERTON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROKk AN F'R-2" TO AN "R-3" ZONING DISTRICT. (SAID PROPERTY BEING LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF 7TH STREET AND AVENUE W.) SUBJECT TO CONDITIONS: _ 61-20-462-1215 Motion by Commissioner O'Mara, seconded by Commissioner Mazer, {notion carried, Mayor.Casey and Com- missioners Manor, O'Mara and Thompson voting Yea, none voting Nay, that Ordinance No. 3692 be passed on first reading. ORDINANCE NO. 3692 ORDINANCE AN ORDINANCE DIRECTING DESIGN AND CONSTRUCTION OF A SYSTEM OF MEDIAN DIVIDERS OIL ALL FOUR APPROACHES TO THE INTERSECTION OF WEST 19TH STREET AND SLIDE ROAD: ESTABLISHING REQUIREMENTS AS TO SIZE AND DISIGN OF SUCH DIVIDERS: DEFINING THE TERM "MEDIAN DIVIDERS": AUTHORIZING SUCH WARNING AND DIRECTIONAL SIGNS, DEVICES, STRUCTURES OR IMPROVEMENTS AS NECESSARY: DEFINING THE DRIVING OF A MOTOR VEHICLE ON, OVER OR ACROSS SUCH MEDIAN DIVIDERS AS A MISDEMEANOR, AND PROVIDING A PENALTY THEREFORE: DIRECTING PUBLICATION AND PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE. 61-20-462-1216 Motion by Commissioner O'Mara, seconded by Commissioner Maher, motion carried, Mayor Casey and Com- missioeers Manor, O'Mara and Thompson voting Yea, none votbg Nay, that Ordinance No. 3693 be passed on first reading. _ ORDINANCE NO. 3693 _ ORDINANCE AN ORINANCE DIRECTING DESIGN AND CONSTRUCTION OF A SYSTEM OF MEDIAN DIVIDERS A DISTANCE OF 620' WEST FROM THE WEST SIDE OF THE INTERSECTION OF AVENUE "U" ALONG 50TH STREET, AND A DISTANCE OF 30' SOUTH FROM THE SOUTH SIDE OF THE INTERSECTION OF 50TH STREET ALONG AVENUE ''Q":ESTABLISHING REQUIRE- MENTS AS TO SIZE AND DESIGN OF SUCH DIVIDERS: DEFINING THE TERM "MEDIAN DIVIDERS": AUTHORIZING SUCH WARRING AND DIRECTIONAL SIGNS, DEVICES, STRUCTURES OR IMPROVEMENTS AS NECESSARY: DEFINING THE DRIVING OF A MOTOR VEHICLE ON, OVER OR ACROSS SUCH MEDINN DIVIDERS AS A MISDEMEA1OR, AND PROVIDING A PENALTY TI-E REFORE: DIRECTING PUBLICATION AND PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE. 61-20-462-1217 Motioa by Commissioner Thompson, seconded by Commissioner Manor, motion carried, Mayor Casey and Com- Lnissioners Manor, O'Mara, and Thompson voting Yea, none wting Nay, that Orcinance No. 3640 be passed on first reading. ORDINANCE NO. 3690 ORDINANCE WHEREAS, the City Commission of tIe City of Lubbock finds it is necessary to appropriate certain en-r i 4�4 r 4Fii.%Aa nsi1- of "mfl -Psi -Ac Far am nr,%4m.,1- • 74M WRTF. ORT? 463 -- DEC 28 1 �161-20-463-1218 Motion by Commissioner Manor, seconded by Commissioner O'Mara, motion carried, Mayon Casey and Com- missionars Maner, O'Mara and Thompson voting Yea, none voting Nay, that the following Agreement between, the City of Lubbock and the State of Texas be executed. AGREEMENT STATE OF TEXAS C 131-1-22 COUNTY OF TRAV IS U 443 (31) Lubbock, Texas THIS AGREEMENT, made this 28th day of December, 1961,,by and between the Cityof Lubbock, Texas, hareiaaftar called the "City", Party of the First Part, acting by and through its City Council and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and th no ugh its State Highway Commission. WHEREAS, the City desires the construction of concrete curb and gutter within the limits fro;a the intersection of U.S. Highways_Numberad 62 and 82 northeast of Lubbock, Northeast approximately 0.5 mile on U.S. Highways Numbered 62 and 82, which is solely the City's responsibility and the City has requested the State to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the City and at tin City's sole expexse. The estimated construction cost of this work is One Thousand Two Hundred and No/100 Dollars ($1,200.001 including contingencies and construction engineering. I4OW THEREFORE, it is understood that this proposed work will be constzu c.ted by the State and the City grill transmit the State with the return of this agreement, executed by the City, a warrant made payable to the State Treasurer, Account of Trust Fund No. 927 in the amount of One Thousand Two Hundred and No/100 Dollars ($1,200.00) to be used in paying for the.proposed work required by the City in the City of Lubbock, It is further understood that the State will construct only those items for the City as requested and required by the City and the entire cost of such items will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the a:cutal construction and/or approved changes in the contemplated improvement it is found that this amount .is izsuff iciaet to pay the City's portion, then the City upon request of the State will forthwith sup- plement this amount by an amount equal to the City's full estimated or acutal share of the cost of this work lass the amortnt previously paid into Trust Fund No. 927. In the eveat the amount as paid is more than the actual cost, than the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and coRstructigia engineering. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate os the day above stated. City of Lubbock State of Texas, State Highway Commission Party of the First Part Party of the Second Part 61-20-463-1219 Motion by Commissioner Maurer, seconded by Commissioner O'Mara, motion carried, Mayor Casey aad Com- missioners Manor, O'Mara and Thompson voting Yea, none vo ting Nay, tia t Ordinance No. 3689 bepassed _ as an emergency measure. ORDINANCE N0. 3689 APPROPRIATION ORDINANCE WHEREAS, the City Commission of t1a City of Lubbock finds it is.necossary to appropriate cartain► specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Impm vemeat THE sum $1200.00 For the following purpose: Installation or curb and gutter at intersection of Loop 289 aced Idalou Road. The City is advancing this mosey through the State by contract. All the curb and gutter escrow account will credit street improvement funds when the work is completed. EI-20-463-1220 Motion by Commissioner Thompson, seconded by Commissioner Mauer, motion carried, Mayor Casey and Com- missionars Manor, O'Mara, aid Thompson voting Yea, none voting Nay, that the following Resolution be passed. o RESOLUTION .r4 BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: o r_4 0 THAT the Mayor of the City of Lubbock, Texas is hereby authorized and directed to execute for and one m behalf of the said City of Lubboc% A SEWAGE EFFLUENT CONTRACT BETWEEN THE CITY OF LUBBOCK, TEXAS, AND TEXAS TECHNOLOGICAL COLLEGE. A copy of said contract is attached to and Bade a part of this Resolution: for all purposes. A copy of said contract shall be spread upon the minutes of this commissions. The City Secretary shall attest the signature of the Mayor to said contract and sAa11 affix the seal of r+ o the City of Lubbock thereto. - o00 Passed by the City Commission this 28th day of December,. 1961. �i(r Iva ON ri ATTEST: DAVID C. CASEY, Mayor �r,.o � o 0o Lavezia Lowe, City Secretary -Treasurer RESOLUTION 701-A - 6-23-83 Amends Resolution 701 Original Contract 1-3-62 (See Reso. 12-28-61) 6 DEC 28 196, SEWAGE EFFLUENT CONTRACT BETWEEN THE CITY OF LUBBOCK, TEXAS AND TEXAS TECHNOLOGICAL COLLEGE. WHEREAS, the City of Lubbock is in the process of finalizing plans for a sewage treatment plant to be located North of -Clovis Road and in the vicinity of Knoxville Avanue, k-within the City of Lubbock and there will be available -from this plant when completed and in service, sewage effluent of adequate quality to be used for irrigation; and, TdHEREAS, The Board of Directors of Texas Technological College after due consideration and study has determined that it is to the best interest of the inhabitants of the City of ,Lubbock and the public generall_* that such effluent be furnished to Texas Technological College at the lowest possible cost to said college; and, WHEREAS, it is further deemed advisable and to the best interest of the City of Lubbock and Texas Technologi- cal College that the terra&- aad conditions of the furnishing of such effluent.be incorporated in this agreeim nt; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: This agreemalit and contract is this day made by nand between the City of Lubbock, a home rule municipal corporation of Lubbock County, Texas acting herein by and through its Mayor as heretofore duly authorized by Resolution of the City Commission, hereinafter called "CITY:, and the Texas Tachnological.Colloge, an educatioxal institution of the State of Texas, located in Lubbock County, Texas, acintg herein by and through the Chairnim of its Board of Directors, as heretofore duly authorized.by Resolution of the said Bard, hereinafter called "COLLEGE": WITNESSETH In consideration of t he covenants and agreements herein expressed to be performed by the parties hereto, the City of Lubbock does braby covenant and agree, bagioxing upon completion of the sewage treatment plant above described and otbar necessary pumping facilities, lines and reservoir to supply "COLLEGE" the sewage efflueat processed at said sewage treatment plant, and "COLLEGE" hereby convenants and agrees to take all the sewage affluent from said "CITY" to be used exclusively on "COLLEGE" property unless -otherwise agreed to in writing by the "CITY", so long as the biological orygan demand ran-Ains as hereafter provided, and subject to the following terms, conditions and covenants: The "COLLEGE" agrees and obligates itself to excavate, lay, construct and iR stall sufficient reservoir, lines and pumps to -transport the affluent from "CITY" Disposal Plant to "COLLEGE" land and premises. The "CITY" hereby grants to the "COLLEGE" the right to make and maintain connections between the City of Lub- bock Northwest Sewage Traatmext Plant and the lands and premises owned by Texas Technological College of proper and sufficient size to transport such sewage effluent to the load owned by said "COLLEGE" over and across right-of-way to be furnished by "CITY".. This grant is made upoA the following terms aad.eonditions, to -wit: 1. That City of Lubbock shall not at any time be reugired to build, lay or m nstruct or install any reservoir line or pump or any other facility necessary for transporting said effluent to the lands owned by Texas Technological College. However, it is agreed and understood that the City of Lubbock shall maintain any line and pump or pumps which may be installed the "COLLEGE" to be used is carrying out terms of the cD xtract and for which maintee.ance costs the "COLLEGE" agrees and hereby obligates itself to pay to said "CITY" the actual cost for such maiAtenaace. In addition to the costs for maintenance of the line and pump the "COLIE GE - agrees aAd obligates itself to pay said "-CITY" for all electrical energy consumed in the transportation of - such sewage effluent from the sanitary treatment plant to the line owned by "COLLEGE" at rates established by Ordinance for municipal or school consumers, whichever is cheaper. Payment is to be made to "CITY" within reasonable time after reckipt of such bill of cost delivered to the "COLLEGE". 2. The sewage effluent to be delivered by "CITY" to "COLLEGE" shall be sewage effluent having a biological oxygen demand (B.O.D.) of approximately twenty (20) parts per -illion unless otherwise requested by "COLLEGE" in writing tQ reduce the B.O.D. inwhich eveaat "COLLEGE" agrees and obligates itself to pay the increased cost to "CITY" which may be incurred for chemicals used for such additional treatment. 3. As an express condition herein "COLLEGE" will use du-t diligence in handling, distributing and/or storing all sewage effluent delivered to it, under the toms of this agreement, in such a manner as to not substanti- ally increase the density of odor emitting therefrom, or from spreading and causeing other than normal discomfort and annoyance to nereby inhabitants, and to the best of its ability will not use or suffer to be used any efflueat in such a manner as to constitute a nuisance. If in the eve* t such condition does arise from such use the "COLLEGE" will diligattly do all that may be necessary to abate and correct such camdition. 4. The "COLLEGE`" in its use of such effluent shall take ordia"inry and reasonable precaution to prevent the flow of affluent onto or over property not owned by College unless otherwise permitted by owner or owners of u such land given in writing which shall be subject to all terms, conditions and covaaasts contained Ix this agreement. The parties hereto agree and it is expressly stipulated and understood that the "CITY" shall not be liable for any damage, claim or cost or subject to any cause of action, after the sewage effluent is transported by pipeline to "COLLEGE" Lands and premises. - It is further agreed and understood that should "CITY'I:be restrained by Court action action or otherwise prohibited from delivering the affluent to `COLLEGE" for the purpose agreed and anticipated, the "CITY" shall be released from responsibility for the provisions of this contract during; such interval without further action by either party hereto and until such time as such restraint or prohibition is removed. Upon resump- tion of operation of the Sewage Treatment Plait, "CITY" shall continue deliver* of the effluent to "COLLEGE". Nothing herein sta 11 be construed as creating a fixed indebtedness on part of "COLLEGE". This contract shall become operative and binding on the parties hereto for a term ending twenty (20) years from the date the first sewage effluent is delivered to College under the terms of this agreerm -at, provided, however, it is understood and agreed that said "COLLEGE', by decision of its Board of Directors, desire nor any reason to termixate tlis agra&,Tmnt, it may do so; then in such event an intention to abaondon this agree- ment may be exercised by written notice to "CITY" delivered not less than twelve (12) :�onths prior to the date such termination is to becomes effective. It is mutually agreed that the "COLLEGE" cannot amortize its original costs in a period of twenty years and for such reason, it is further understood, agreed and here stipulated that upon thrminatiox of the original 20 year term this agreement may be continued at the option of the "COLLEGE" for as additional 10 ,ears. Should the "COLLEGE" desire to exercise this option, it may do so by giving notice to the "CITY" in wii:ting 12 months prior to the termination of the original term. In the event -"COLLEGE" exercise its right of option for as additional 10 years, then in such event, the cost of the chemical treatment may be re-negntitated to the extent necessary to protect the "CITY" should there be any increase in smh cost. CITY OF LUBBOCK a EXECUTED THIS 28th DAY OF DECEMBER, 1961. ATTEST: I if •�T�t*�}��i�X:i-1T�11F-STIiJ_ 4.(,:J DEC 28 1961 r r r . F r 61-20-465-1221 In-iccobjance with Notice of Zoning Hearing as recorded is Minute Book 20, page 440, haaii ng was bald December 14, 1961, on Zoxe Casa --Jo. 955-Request of Clifford W. Brown (for A. Chapman Isham, Mr. C Mrs. R.A. Hoopman, J.W. White aid R. Dan Johnston) to chaage property located on the north side of 50th Street between Knoxville and Memphis Avenues from "C-3" to "C-2" zoning district. This Zox a Case was Tabled at that time. On this data, the City Commission again considered said zone change request and motion iwas made by Commissioner Manor, seconded by Commiss�eaer O'Mara, motion carried, Mayor Casey and Com- missioners Manor, O'Kara axd Thompson voting Yea, moss voting Nay, to uphold the recommendation of the Planning and Zoning Commi,stion that this request for zone change from "C-3" to "C-2" covering this property, by REJECTED however, to authorize certain restrictions covering construction on said property. (See Ordinance No. 3631) 61-20-465-1222 Motion by Commissioner Manor, seconded by Commissioner O'Mara, motion. carried, Mayor Casey andCommissiaaera Manor, O'Mark and Thompson voting Yea, zone voting Bay, that Ordinance No. 3691 be passed on first reading. ORDINANCE NO. 3691 ORDINANCE AN ORDINANCE AMENDING ORDINANCE 1739 SO AS TO ADD CERTAIN CONDITIONS IN SECTION 1 (3) (ZONE CASE 90. .515) SAID PROPERTY BEING LOCATED BETWEEN MEMPHIS AND KNOXVILLE AVFAUES•ON 5 TH STREET. 61-20-465-1223 In accordance with Notice of Zoning Hearing, as recorded in Minute Book 20, page461, hearing was hold on Zone Case No. 961-Request of John, J. Jones to change from "R-l" to "R-2" zoning district property located at the northwest corner of the intersection of East 2ad Straot.aad Cherry Avenue. Mr. Josses appeared in support -of this zone change and there were no protests. After consideration, motion was made by Commissioner O'Mara, seconded by Commissioner Thompson, motion carried, Mayor Casey and Com- missiosers Mahar, O'Mara and Thompson voting Yea, none voting May, that Ordinance No. 3684 be passed on First reading. ORDINANCE NO. 3684 ORDINANCE AN ORDINANCE AM&NM BG ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 961. CHARGE THE FOLLOWING DESCRIBED PROPERTY, FROM AN "R-l" TO` A "R-2" ZONING DISTRICT. (SAID PROPERTYBEING LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF EAST 2llD STREET AND CHERRY AVENUE). 61.'-20-465-1224 In accordaca with Notice of Zoning Hearing as recorded in Minute Book 20, page 461, hearing was held on Zone Case No. 962-Request of Bert A. Belson (for W.A. Brownfield, at al) to change property from 11R-2" to "R-3" zoning district located in the 1500 Block of 30th Street. Mr. Bert Belson, Attorney appeared in support of this zone change and also, Mr. W.R. Bpraaford appeared in support of this chang There ware no protests.' After coxeideratiox, motion was made by Commissioner Maser, seconded by Com- missio*er O'Mara, motion carried, Mayor Casey and Commissioaers Manor, O'Mara and Ttn mpson voting Yea, some voting May, that Ordinance No. 3685 be passed on first reading, subject to the change that Cm - dition No. 1 as set out in the notice of Zoning Hearing as recorded in Minute Book 20, page 461, be deleted. i1-20-465-1225 ORDINANCE NO. 3685 ORDINANCE AN ORDINANCE AIE LADING ZONING ORMfANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHARGE: ZONE CASE NO. 962: CHANGE LOT ll,•BLOCK 3, SUMNR HILL ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "R-3" ZOBIIiG DISTRICT. (SAID PROPERTY BEING LO- CATED IN THE 1500 BLOCK OF 30TH STREET). SUBJECT TO CONDITIONS. Is accordance with Notice of Zoning Hearing as recorded in Minute Book 20, page 461, hearing was held on Zone Case No. 963-Request of Edward W. Napier (for Earl Ince, Sr., and Earl Ince, Jr.) to change pro- perty located at the northwest corner of the intersection of Avenue P and 50th Street fron "R-2" to "C-3" zoning district. Mr. Earl Inca, Sr. appeared in support of this acne change, also, Edward Rapier, Attorney, appeared in support of this change. There ware no protests. After consideration, motion was made by Commissioner Thompson, seconded by Commissioner Mauer, motion carried, Mayor Casey and Com- missioners AdwRar, O'Mara, sad Thompson voting Yea, none votla g May, that Ordinance No. 3686 be passed on first reading. ORDINANCE NO. 3686 ORDINANCE AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO �I MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 963: CHANGE THE EAST 401.41 FEET OF THE SOUTH ONE-HALF (S 'k). OF LOT FOUR (4), BLOCK THIRTY TWO (32), CRUMP FIVE ACRE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO A "C-3" ZONING DISTRICT. (SAID PROPERTY BEING LOCATED AT THE NORTHWEST CORKER OF THE INTERSECTION OF AVENUE P AND 50TH STREET). SUBJECT TO CONDITIONS. i1-20-465-1226 In accordance with Notice of Zoning Hearing as recorded in Minute Book 20, page 461, hearing was held Zone Case 964-Request of Donald Smith (for Sam C. Ne,,A-an Estate) to change property from "C-3" to an "M-1" located on the north side of 5th Street in the 1600 Block. Mr. Donald Smith appeared in support of this zone change and there were no protests. After consideration., motion was made by Commissioner Thompson, seconded by Commissioner Manor, motion carried, Mayor Casey and Commissioners Manor, O'Mara and Thompson voting Yea, none voting May, that Ordinance No. 3687 be passed on. first reading. ORDINANCE NO. 3687 ORDINANCE AN ORDINANCE AMENDIWG'.ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHARGE: ZONE CASE NO. 964: CHARGE LOTS 8,10,11, AND 12, BLOCK 2, RATLIFF ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-3" TO AN "M-1" ZONING DISTRICT. (SAID PROPERTY BEING LOCATED ON THE NORTH SIDE OF 5TH STREET IN THE 1600 BLOCK). 61-20-465-1227 In accordance with Notice of Zoning Hea rixg as recorded is Minute Book 20, Page 461, hearing was held on Zone Case No. 965-Request of Lawrence Melchor (for R.O. Bennett) to change property Irom2'JR-2" to "R-3" located between 37th and 38th Streets in the 100 Block. Mr. Bob Burr, Director of P anning and Zoning, appeared in support of this zone change and there were no protests. After consideration, motio was made by Commissioner Thompson, seconded by,Commissionur Mauer, _motion carried, Mayor Casey and Com- missioners Manor, O'Mara and Thompson voting Yea, none voting Nay, that Ordinance N_. 3688 be passed { 466 DEC 28 1961 61-20-466-1228 Motion by Commissioner Thompson, seconded by Commissioner Maner, motion carried; Mayor Casey and Com- aissioners .caner, O'Mara and Thompson voting Yea, none voting Nay, to authorize renewal of City of Lub- bock Farm Leases as follows, subject to the provision that "no dumping" shall be made on any of the City owned land: CITY OF LUBBOCK FAKI LEASES 1. Houstan Sweatt -Approximately 454 acres of Section 41, Blk. A and Section 5, Blk. A, Northeast of Lubbock. 2. F. W. Austin -Approximately 80 acres of east side of Section 41, Blk. A Northeast of Lubbock. 3. F. W. Austin -Approximately 100 acres of South portion of Section 41, B1k. A, Northeast of Lubbock. 4. Culver Austin -Approximately 240 acres of West portion of Section 41,B1k. A Northeast of Lubbock. 5. B.W. Lawson -Approximately III acres of Southwest portion of Section 12,B1k.A, near North College Ave. 6. Rayma'ed. Hefner-105 acres North of Railroad in Section 5, B1k. A, Northeast of Lubbock. 7. 0. H. Webb-160 Acres of land out of the Northeast part of Sect. 12 Blk. A, in Lubbock County, Texas, 61-20-466-1229 Motion by Commissioner O'Mara, seconded by Commissioner Maner, motion carried, Mayor Casey and Com- missioners Maner, O'Mara, and Thompson voting Yea, none voting Nay, that Ordinance No. 3694 be passed on first reading. ORDINANCE N0. 3694 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: NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Fund THE sum $4,535.00 For the following purpose: To construct concrete medians at the following locations: 1. On 19th Street --for 200' Fast of Slide Road. 2. On 19th Street --for 200' West of Slide Road. 3. On Slide Road --for 200' North of 19th Street. 4. On Slide Road --for 30' South of 19th Street. 5. On 50th Street --beginning 50' West of Avenue U and extending West for 570'. 6. On Avenue Q for 30' South of 50th Street. 61i-.,20-466-1230 Motion by Commissioner Maner, seconded by Commissioner Thompson, motion 'carried, Mayor Casey andCom- missioners Maner, O'Mara and Thompson voting Yea, none voting Nay, '-to-.-.authorize publication of Notice of Sale of General Obligation Bonds in the amount of $2,250,000.00. Bids to be received February 7, 1962. NOTICE OF SALE, CITY OF LUBBOCK, TEXAS The City Commission of the City of Lubbock, T@xas will receive sealed bids at'the Central Fire Station 1100 Sixth Street, until 11:00 AM, CST, Wednesday, February 7, 1962, for the following described bonds: $2,250,00 CITY OF LUBBOCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 1962 The bonds will be dated March 1, 1962, and mature March 1 each year as follows: $115,00 1963 through 1972. $110,00 1973 through 1982 Further information may be obtained from Mr. H.P. Clifton, City Manager, City of Lubbock Texas; or First Southwest Company 927 Merchantile Bank Building Dallas, Texas, FinanciAt Consultants to the City. Lavdnia Lowe, City Secretary City of Lubbock, Texas 61-20-466-1231 Motion by Commissioner Maner, seconded by Commissioner Thompson, motion carried, Mayor Casey and Com- missioners Maner, O'Mara and Thompson voting Yea, none voting Nay, thaj: ordinance No. 3695 be passed on first reading. ORDINANCE NO. 3695 APPROPRIATION ORDINANCE WHEREAS, the City Commission of the City of Lubbock finds it is necessary to appropriate certain speci- fic funds out of bond funds for an approved project: NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the iA llowing described bond fund, to -wit: Water Bond Fund THE sum $3,568.00 For the following purpose: Construction of 8 steel plate well houses for Wells No. 146 thru 153 including all labor and materials. 61-20-466-1232 Motion by Commissioner Maner, seconded by Commissioner Thompson, motion carried, Mayor Casey and Com- missioners Maner, O'Mara and Thompson voting Yea, none voting Nay, to authorize request for bids for purchase of material and construction by city forces of eight steel water well houses for wells 146 to 153 inclusive in the Sandhills Well Field. 61-20-466-1233 Mr. Joe Robert, Certified Public Accountants, with the firm Joe L. Robert and Jimmy L. Holmes, appeam d 'before the City Commission for -review of the City's audit report for the fiscal year October 1, 1960, through September 30, 1961. Motion was made by Commissioners Thompson, seconded by Commissioner Maner, motion carried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, to authorize acceptance of this audit: report. 61-20-466-1234 Motion was made by Commissioner Thompson, seconded by Commissioner Maner, motion carried, Mayor Casey and Commissioners Maier, O'Mara, and Thompson voting Yea, none voting Nay, to authorize reappointment of the firm of Joe L. Robert and Jimmy L..Holmes, Certified Public Accountants, 4or the fiscal year Al ..+..,7..... 1 1 n1.7in 1 QA7 Pn and i I— Pi i-v n4� Tmhhnrk Ant-onnt_s . �17 I 0 467 r F . r F DEC 28 1961 �1-20-467-1235 There was discussion of extension of sanitary sewer service to the area south of Idalou Road and east of Guava Avenue. This matter was taken under consideration. L-20-467-1236 BROADVIEW COTTON GIN CO., INC. December 26, 1961 i' The City Commission of Lubbock Attn: Mr. H. P. Clifton Lubbock, Texas City Manager II Gentlemen: I would like to request that the City of Lubbock furnish electrical power to the Kitalou Gin Co. Inc. located on the Idalou Highway. This gin was purchased by C. L. Dean and myself from Anderson Clayton Co. last July. In view of the splendid relations that we have had here at the Broadview Gin Co. with Municipal Water Power and Light we are requesting that you sell the power to us at the new gin. Last July we made a request to Municipal Water Power and Light for power and were refused because of some regulation that prevented them from giving us that power at the time. Our power contract expires on February 1, 1g62 and we would like to request power at that time. Sincerely yours, W. M. Wright Motion was made by Commissioner Thompson, seconded by Commmissioner Maner, motion carried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, to REJECT this request of Kitalou Gin Company as set out in the above letter, since it is felt by the City Commission that the initial cost of construction of the electric lines to serve this property is so great that the investment would%be to the City's advantage. The City Commission expressed appreciation to the Kitalou Gin Company for their offer to use City Service. �1-20-467-1237 Motion by Commissioner Thompson, seconded by Commissioner Maner, motion carried, Mayor Casey and Com- missioners Maner, O'Mara and Thompson voting Yea, none voting Nay, to continue the practice of the parking meter holiday from 12:00 o'clock noon through 5:00 P.M. Saturday afternoons. This holiday having been requested by the Downtown Development Committee. �1-20-467-1258 Motion by Commissioner O'Mara, seconded by Commissioner Thompson, motion carried, Mayor Casey and Com- missioners Maner, O'Mara and Thompson voting Yea, none voting Nay, that Ordinance No. 3696 be passed on first reading. ORDINANCE NO. 3696 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: NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement THE sum $12,000.00 For the following purpose: Engineering for Urban Renewal's E. 24th Street overpass, covering prepam - tion of plans, specifications and supervision needed for its construction (Part of GWO 10,323). .61-20-467-1239 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 the following Resolution and Quit Claim Deed be passed. RESOLUTION BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock, Texas, be and he is hereby authorized and directed to execute for and on behalf of said City a Quit Claim'Deed to Weston A. Pettey covering certain property as described in said. Quit Claim Deed. A copy of said Quit Claim Deed is attached to and made a part of this resolution for all purposes. The City Secretary shall attest the signature of the Mayor to said Quit Claim Deed and shall affix the seal of the City of Lubbock thereto. Passed by the City Commission this 28th day of December, 1961. ATTESV Lavenia Lowe, Cipy Secretary -Treasurer QUIT CLAIM DEED •At A DAVID C. CASEY, May6r STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK That the City of Lubbock, a Home Rule Municipality of the County of Lubbock and State of Texas, for and in consideration of the sum of ONE AND N0/100 ($1.00) to it in hand paid by Weston A. Pettey of the County of Lubbock and State of Texas, the receipt of which is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said Weston A. Pettey, his heirs and assigns, all its right title and interest in and to;that certain tract or parcel of land lying in the County of Lubbock and State of Texas, described as follows to -wit: 18 DEC 28 1961 A parcel of land out of Lot 1, Block 6, Merritt and Wild Addition, an addition to the City of Lubbock, Lubbock County, Texas; more fully described as follows: Beginning at a point in the -North -line of said Lot 1, Block 6, Merritt and Wild Addition, said point being 141' West of the Northeast corner of said Lot 1, Block 6,-Merritt and Wild Addition, said point being the beginning point of this tract; THENCE on a 15' radius to the left a distance of 23.56 feet to a point in the West line of Lot 1, Block 6, Merritt and Gild Addition; THENCE North 15 feet to apoint; THENCE East 15 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said Weston A. Pettey his heirs and assigns forever, so that neither it the said City of Lubbock nor its successors or assigns nor any person or persons claiming under it shall, at any ti,..e hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. WITNESS my hand at Lubbock, Texas this 28th day of December, AD, 1961. ATTEST: ` CITY OF BOCK (04 le BY: Lavenia Lowe, City Secre ary-Tr asurer DAVID C. CASEY, Mayor 61-20-468-1240 Motion by Commissioner Thompson, seconded by Commissioner O'Mara, motion carried, Mayor Casey and Con - missioners Maner, O'Mara, aid Thompson voting Yea, none voting Nay, that the.' -following Resolution be passed. RESOLUTION WHEREAS, the City Commission has In retofore determined that there exists a certain sum from unclaimed water service deposits which are still erroneously carried as active accounts; and, WHEREAS, the City Commission in fact determined that these accounts had been depleted by valid charges and that they should as an accounting procedure be transferred to the general fund; and, WHEREAS, in August, 1961, this action was taken transferring such accounts to the general fund, based on an estimated total for such accounts; and, WHEREAS, the exact total.of such accounts is now available, and to make certain it former action, and to ratify and confirm.such action, relating back to August, 1961, the City Commission finds that the following action is necessary, essential and in the public interest; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION I. THAT The City Director of Finance is hereby authorized and directed, as of August 1961, to close out those depleted water service accounts in the total amount of $17,906.67, which said accounts were created, depleted and became the sole property of the City of Lubbock during the period' from the year 1910 to 1954. SECTION II. THAT the City Director of Finance is hereby authorized and directed, as of August, 1961, to close out those water service accounts in the total amount of $14,940.08, which said accounts were created or depleted during the period from the year 1955 through 1961; these accounts.to be closed out and transferred to the general fund at the time and in the manner authorized by Chapter 34, Code of Ordinances, City of Lubbock, Texas. Passed by the Commission this 28th day of December, 1961. ,r?Iva attest: � , G• ` DAVID C. CASEY, Mayor l//U - Lavenia Lowe, City Secretary -Treasurer 61-20-468-1241 Motion by Commissioner O'Mara, seconded by Commissioner Maner, motion carried, Mayor Casey and Com- missioners Maner, 0' Mara, and Thompson voting Yea, none voting Nay, that Ordinance No. 3697 be passed on first reading. 0 ORDINANCE NO. 3697 ORDINANCE AN ORDINANCE DIRECTING DESIGN AND CONSTRUCTION OF A SYSTEM OF MEDIAN DIVIDERS UPON CERTAIN STREETS AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE: ESTABLLISHING REQUIREMENTS AS TO SIZE AND DESIGN OF SUCH DIVIDERS: DEFINING THE TERM "MEDIAN DIVIDER"; AUTHORIZING SUCH WARNING AND DIREC- TIONAL SIGNS,.DEVICES, STRUCTURES OR IMPROVEMENTS AS NECESSARY: DEFINING THE DRIVING OF A MOTOR VEHICLE ON, OVER OR ACROSS SUCH MEDIAN DIVIDERS AS A MISDEMEANOR, AND PROVIDING A PENALTY THEREFORE: DIRECTING PUBLICATION AND PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE. 61-20-468-1242 Motion by Commissioner Maner, seconded by Commissioner Thompson, motion carried, Mayor Casey and Com- missioners Maner, O'Mara, and Chappell voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the previous Resolution authorizing the Mayor to execute a Street Use License to General Telephone Company of the Southwest and the Street Use License made a part thereof passed on September 14, 1961, be and the same are hereby cancelled. The City Secretary -Treasurer shall write a note in the margin of the Minutes for said meeting of September- 14, 1961, that said Resolution and Street Use License have been cancelled. a 111 �1 Ij SECTION 2. THAT the Mayor be and he is hereby authorized and directed to execute for and on behalf of the City of Lubbock a new and revised LICENSE FOR USE OF PUBLIC WAY granting General Telephone Company of the Southwest the right to construct, install operate and maintain underground conduit and manholefacilities at the locations specified and under the conditions and terms of saW License i.7 r r DEC 2 $ 196, �I T SECTION 3. THAT the City Secretary -Treasurer is authorized and directed to attest the Mayor's signature to said License, and shall affix the seal of the City of Lubbock thereto. Passed by the City Commission this 28th day of December, 1961. 9 ATTEST: '�"�'�'■"' DAVID C. CASEY, Mayor it Lavenia Low , City Secretary- easurer LICENSE FOR USE OF —PUBLIC WAY THE STATE OF TEXAS-----------T-- COUNTY OF LUBBOCK This License made the 28th day of December, 1961, between th< City of Lubbock, a Home Rule Municipality, herein called "CITY" and General Telephone Company of the Southwest, herein called "LICENSEE". WITNESSETH: THAT the parties hereto, for the consideration hereinaLter expressed, covenant and agree as follows: (1) In consideration of the sum of ONE AND NO/100 ($1.00)_ DOLLARS, cash in hand paid to the City of Lubbock, the receipt and sufficiency of which is hereby acknowledged, City hereby grafts LICENSEE a License for the following purpose: to construct, install, operate and maintain, underground conduit and manhole construction at the following designated location: Said line, to run from Licensee's existing installations in 4th Street due South to a point not more than 10' South of the North curb line of 6th Street, with said line parallel to and approximately 2 feet East of the back of theEast curb line of Avenue M, thence .Nest across the 6th Street Avenue M intersection to connect with existing Southwestern Bell Telephone facilities: v (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 dJJ. claims, demands, actions, causes of action, suits at law and in equity and costs of whatsoever kind or nature ixhich may grow out of or relate to the making of this License .or the exercise by LICENSEE of any privileges granted by this License. (3) LICENSEE shall at all times exercise the privileges granted by this License in such a manner as will not interfere with the public use of the public way at the location hereinabove described and so as not to create any dangerous or hazardous condition thereon, and subject to the supervision of the City Engineer, LICENSEE shall erect such barricades, warning signs, and other safety devices as may be required bysaid City Engineer at no expense to CITY. (4) The City of Lubbock will do or cause to be done at the Licensee's expense all the necessary repairing, patching, and reconstructing of the public streets, curbs, and gutters occasioned by or in any manner growing out of the exercise of the privileges granted by this License to Licensee, including a reasonable charge for engineering. Said expenses shall be timely paid by Licensee within 30 days after receipt of any bills for such expenses from the City of Lubbock, This shall be a permanent license except that the City of Lubbock may revoke this License if Licensee does any act contrary to the provisions of this License or fails to do any required;_ by the provisions of License to be done or performed by Licensee. (5) This License and privilege shall not be transferable in whole or in part, and shall not inure to the benefit of any other person, firm 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 shallremove, at no cost to CITY, any or all improvements and appurte- nances thereto, if any, made or placed pursuant to this License, if such removal is requested by the CITY. Licensee shall relocate at its own expense improvements constructed and/or maintained pursuant to this License when requested to do so by the City, but Licensee retains the rights of reimbursement for such relocation expense in the event;: of itterstate highway construction from the governmental agencies from which such reimbursement is due. (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 and agreements of this License shallbe joint and several covenants and.aggrements of such parties. (8) All covenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same extra nt 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 subdequent assignee, shall be binding upon CITY without the written: consent of CITY in each instance. ATTEST: 9�z4 it Lavenia Lowe, City Secretary -Treasurer I THE STATE OF TEXAS COUNTY OF LUBBOCK C LUD 4 L DAVID C. CASEY, Mayor GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, Licensee BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared DAVID C. CASEY, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purpose and consideration therein expressed, and in the capacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE this 28th day of December 1961. Notary Public, Lubbock County, Texas Im DEC 28 196, BEFORE ME the undersigned authority, a Notary Public in and for said County, Lubbock, on this `y personally appeared , President of General Telephone Co., of the Southwest, a Corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he e.tiecuted the same as the act and deed of General Telephone Co., of the Southwest, a Corporation = for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 28th day of December, 1961. NOTARY PUBLIC, Lubbock County, Texas 0 61-20-470-1243 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 the following Resolution be passed. RESOLUTION A RESOLUTION GRANTING STANDEFER & GRAY, INC. PERMISSION TO FURNISH SEWAGE ZFFLUENT TO E. A. AND IDA SCHOPPA AND L. B. AND FAYE 0. PULLEN SUBJECT TO THE CONDITIONS STATED IN THE BODY OF THIS RESOLUTION. WHEREAS, Standefer and Gray, Inc., a Corporation, through its attorney has requested the City of Lubbock to be allowed to permit E. A. Schoppa and Ida Schoppa and L. E. and Faye 0. Pullen to take sewage effluent to their respective lands by underground pipe as set forth in a letter from Owan W. McWhorter, attorney for said Corporation a copy of which is attached to and made a part of this Resolution for all purposes; and, WHEREAS, the City Commission of the City of Lubbodk finds it expendient and in the public interest to grant such request subject to the terms and conditions hereinafter set forth; NOW THEREFORE; B E IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT Standefer & Gray, Inc., as lessee under a certain lease from the City of Lubbock (Lessor) recorded in Volume 795,. page 55 of the Deed Records of Lubbock County, Texas, is hereby granted permission to furnish sewage effluent to E. A. and Ida Schoppa and L. B. and Faye 0. Pullen at the locations described in the letter hereinabove refereed to and made a part hereof; SUBJECT HOWEVER TO THE FOLLOWING CONDITIONS: A. That the said E. A. and Ida Schoppa and L. B. and Faye 0. Pullen shall in writing permit au�h furnishing of sewage effluent subject to all the terms, conditions ana covenants contained in the aforesaid Lease Agreemenr between Standefer & Gray Inc. and the City of Lubbock, reference being to whicn is hereby made for all Aurposes. Said written permission shall be delivered to and filed with the City Secretary. B. That this permission granted by the City of Lubbock shall not in any manner be construed as an enlargement of or creating any new liabilities, responsibilites, or obligations upon the City of Lubbock other than those already contained in the aforesaid Lease Agreement. Passed by the City Commission this 28th day of December, 1961. e 4004011. David C. Casey, Mayor ATTEST: 1 d:.-�rl�u Lavenia Lowe, City Secretary -Treasurer 61-20-470-1244 Bids as follows were received for purchase of authemobiles & pickups, being Bid No. 6381. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Commissioner Maner, seconded by Commis- sioner Thompson motion carried, Mayor Casey andCommissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, to authorize purchase of the bids as follows. Accept the Bid of Fenner -Tubbs for purchase of items 1-9. Accept the bid of Lubbock Auto Company for purchase of item 11. Accept the bid of Modern Chevrolet Company for purchase of item 12. Item No. 10 was deleted. 4__J 61-20-470-1245 Bids as follows were received for purchase of Hydraulic Derrick for Electric Department, being Bid No. 6386 Bid Tabulation set in Bid Book. Afterconsideration of all bids received, motion was made by Commissioner Maner,4econded by Commis- sioner O'Mara, motioncarried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, to authorize acceptance of the bid of Holar Corporation Timpte Division of Denver, Colorado for purchase of this derrick. 61-20-470-1246 Bids as follows were received for purchase of miscellaneous elecrtic items, being Bid No. 6379 Bid Tabulation set in Bid. Book. After consideration of all bids received, motion was nude by Commissioner Maner, seconded by Commis- sioner Thompson, motion carried, Mayor Casey and Commissioners Maner, O'Mara aid Thompson voting Yea, none voting Nay to authorize acceptance of the bids as follows: ail DEC 2 8 1961 61-20-471-1247 Bids as follows were received for phase of transfer device for Electric Department, being Bid #6380. Bid Tabulation set in Bid Book After consideration of all bids received, motion was made by Commissioner Thompson, seconded by Commis- sioner Maner, motion carried, Mayor Casey and Commissioners Maner, O'Mara and Thompson voting Yea, none voting Nay, tb-authorize acceptance of the bid of Neison Electric Supply Company for purchase of this transfer device. 61-20-471-1248 Bids as follows were received for purchase of luminaires cable for Electric Department, being Bid #6374. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Commissioner Thompson, seconded by Commis- sioner O'Mara, motion carried, Mayor Casey and Commissioners Maner, O'Mara al. -Thompson voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the Bid of Southwestern Electric Supply Company for purchase of item 2. Accept the Bid of Westinghouse Electric Supply Company for purchase of item 1. 61-20-471-1249 The City Commiss&on considered the request of C. L. Gilbreath that he be allowed to purchase the following described land from the City of Lubbock, and that as part payment for said land the City of Lubbock purchase from Mr. Gilbreath a note in the amount of $1,000.00 payable monthly at the rate of $44.33 @ 6% interest, said note to be fully paid within two (2) years. This land having been acquired by Mr. Gilbreath in connection with the closing of Bates Street at Loop 289. Motion by Commissioner Thompson, seconded by Commissioner Maner, motion carried, Mayor Casey and Com- missioners Maner, O'Mara, and Thompson voting Yea, none voting Nay, to approve Mr. Gilbreath's request that the City of Lubbock accept said note, payable as set out above in part payment for the land. Field notes of the tract of land being as follows: TRACT 1 A portion of Lot 8, Block 4, Gordon Bozeman Addition to the City of Lubbock, Lubbock County, Texas. BEGINNING at the Northeast corner of said Lot 8, Block 4, Gordon Bozeman Addition: THENCE West 32.83 feet to a point; THENCE South 45051' West a distance of 2.2 feet to a point; THENCE South 40042' East a distance of 51.8 feet to a point; THENCE North a distance of 41.05 feet to the POINT OF BEGINNING. TRACT 2 A parcel of land out of Section 3, Block A, Lubbock County, Texas, and being a portion of an abandoned Street in Block 3, Gordon Bozeman Addition; more fully described as follows: BEGINNING at the Northwest corner of Lot 10, Block 3, said Gordon Bozeman Addition; THENCE South 99.75 feet to a point in the Northeasterly right of way line of Loop 289; THENCE North 40042' West a distance of 76.6 feet to a point; THENCE North 41.05' to a point, which is the Northeast corner of Lot 8, Blk.4, Gordon Bozeman Addition. THENCE West 32.83 feet to a point; THENCE Southwesterly along alley line 2.10 feet to a point in right of way line of Loop 289; THENCE North 40042' West a distance of 10.78 feet to a point of curve; THENCE Northwesterly on a curve to the right having a radius of 125' a distance of 4.22' to a point in Lot 1, Block 4, Gordon Bozeman Addition; THENCE Northeasterly along the South side of said Lot line a distance of 8.29 feet to a point; THENCE Northwesterly along said Lot 1, Block 4, a distance of 13!7' to a point in the right of way line of Loop 289; THENCE East a distance of 135.1' to a point; THENCE Southerly on a curve to the left having a radius of 50' a distance of 26.18' to a point, said point being in the North line of Lot 10, Block 3, said Gordon Bozeman Addition; THENCE West along the North Lot lines of said Lot 10, Block 3, a distance of 43.40' to the POINT OF BEGINNING. T T NO FURTHER BUSINESS COMING UP FOR 47NSIDERATION, THE CITY COMMISSION ADJOURNED FROM REGULAR MEETING, DECEMBER 28, 1961. READ AND APPROVED THIS ATTEST: llth DAY OF pa'a"4 . "'., Lavenia Ldwe, City Secr tary-Treasurer JANUARY 1962. DAVID C. CASEY, mayor 4`742 DEC 28 1961 Lil I li 4 1❑