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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/24/1963 (4)lb JAN 2 4 1963 63-22-16-63 63-22-16-64 63-22-16-65 63-22-16-66 63-22-16-67 63-22-16-68 r January 24, 1963 Lubbock, Texas REGULAR MEETING: The City Commission of.the City of Lubbock; Texas, met at Ten o'clock a.m. in the regular meeting place in the City Hall, the following members thereof being present, to -wit: Mayor Jack F. Strong and Commissioners W. E. Alderson, W. C. McLarty, Jr., City Attorney Fred 0. Senter, Jr., City Manager Manager Fritz Lanham, City Secretary -Treasurer Lavenia Lowe. Absent: None Invocation was given by Fritz Lanham, Assistant City Manager. O'Mara, Rolan Simpson, and Marvin H. P. Clifton, Assistant City Motion by Commissioner Alderson, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to approve Minutes of City Commission Regular Meeting held January 10, 1963. Motion by Commissioner Simpson, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to approve Minutes of Accounts Allowed. January 23, 1963 Vouchers for the months of November & December 1962 checked by Commissioner Simpson. General Social Security Undistributed Tax City Special (BCD) Tax Certificate Corp. Court Reserve & Insurance Premium Sewer Pro Rata Special Water & Sewer Line Auditorium -Coliseum Water Revenue 1960 Waterworks System Water Pro Rata Sanitary Sewer Park Street Improvement Storm Sewer City Hall Traffic Light Street Light Interest & Sinking Working Capital Electric Airport 1956 Waterworks (Electric) 1-1088 17-18 115-126 30-33 36-38 65-68 323-337 464-487 96-99 62-63 948-1043 2966-3075 944-969 444-502 366-383 461-480 822-871 311-318 400-401 121-128 184-187 85-88 7328-7895 3584-3835 1119-1183 135-140 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 3993 be passed on second and final reading. ORDINANCE ORDINANCE NO. 3993 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. 1055: CHANGE LOTS 11, 12 AND 13, BLOCK 110, ORIGINAL TOWN, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM ANx,"M-l" TO A "C-4" ZONING DISTRICT. Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4011 be passed as an emergency measure. ORDINANCE ORDINANCE NO. 4011 AN ORDINANCE AMENDING THE FIRE ZONING MAP OF THE CITY OF LUBBOCK SO AS TO PLACE PROPERTY CHANGED IN ZONING CLASSIFICATION (ZONE CASE NO. 1055 ) IN FIRE ZONE NO. 2; AND DECLARING AN EMERGENCY AND EFFECTIVE DATE OF THIS ORDINANCE. Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 3995 be passed on second and final reading. ORDINANCE ORDINANCE NO. 3995 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1056: CHANGE LOT 3, BLOCK 3, COLLEGE HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO A "C-2" ZONING DISTRICT. 63-22-16-69 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4010 be passed as an emergency measure. ORDINANCE ORDINANCE NO. 4010 _" u AM nnnTMAVrR AMuunrur_ TUP RTRR 7nWTNr. MAP N THE CTTY OF LUBBOCK SO AS TO PLACE PROPERTY JAN 2 4 1963 CHANGED IN ZONING CLASSIFICATION (ZONE CASE NO. 1056) IN FIRE ZONE NO. 2; AND DECLARING AN EMERGENCY AND EFFECTIVE DATE OF THIS ORDINANCE. 63-22-17-70 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 3996 be passed on second reading. ORDINANCE ORDINANCE NO. 3996 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING A PORTION OF EAST 34TH STREET FROM AVENUE A TO SOUTHEAST DRIVE, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. 63-22-17-71 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay,that Ordinance No. 3997 be passed on second and final reading. ORDINANCE ORDINANCE NO. 3997 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. 1057: CHANGE A TRACT OF LAND OUT OF AN ORIGINAL TRACT OF LAND OUT OF AND BEING A PART OF SECTION 6, BLACK $-2, B & B CERTIFICATE 60, LUBBOCK COUNTY,, TEXAS, FROM AN "R-1" TO AN "M-l" ZONING DISTRICT. 63-22-17-72 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 3998 be passed on second and final reading. ORDINANCE ORDINANCE NO. 3998 AN ORDINANCE AMENDING ZONING ORDINANCE NO. L,6%5 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1059: CHANGE A TRACT OF LAND OUT OF THE NORTHEAST CORNER OF SECTION 3, BLACK E-2, LUBBOCK COUNTY, TEXAS FROM AN "R-l" TO "C-2" ZONING DISTRICT; SUBJECT TO CONDITION. 63-22-17-73 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4009 be passed as an emergency measure. ORDINANCE ORDINANCE NO. 4009 AN ORDINANCE AMENDING THE FIRE ZONING MAP OF THE CITY OF LUBBOCK SO AS TO PLACE PROPERTY CHANGED IN ZONING CLASSIFICATION (ZONE CASE NO. 1059) IN FIRE ZONE NO. 2; AND DECLARING AN EMERGENCY AND EFFECTIVE DATE OF THIS ORDINANCE. 63-22-17-74 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 3999 be passed on second and final reading. 63-22-17-75 AN APPROPRIATION ORDINANCE ORDINANCE NO. 3999 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; 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: Storm Sewer Fund The sum $7,500.00 For the following purpose: To pay the city's portion of the cost of constructing a storm sewer from 32nd Street and Avenue A to 36th Street and Cedar Avenue Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioner Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4003 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4003 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 $25,000.00 63-22-17-76 For the following purpose: Construction of a gas recirculation and sludge recirculation system for the S. E. Treatment Plant (to include materials, Engr. and installation) Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong --A /+..._4 __4 A Y nt&r___ nj-- - - . - . -3 ­ - - ... 11 - . . .. .. - 18 JAN 2 4 1963 Ordinance No. 4004 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4004 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: Water Bond Fund The sum $24,175.00 For the following purpose: (a) $2,300.00 for the purchase and installation of pump bowls at the Sandhills Reservoir and Pump Station, League 219, Lamb County, Texas (b) $6,500.00 for the construction of a by-pass connection between the 'Well Field Supply Line and the Sandhills Supply Line at the Sandhills Reservoir, League 219, Lamb County, Texas (c)$12,800.00 for the construction of well house, metersthlump connections, bases, starters, and electrical connections for 6 wells in/Sandhills Well Field, League 219, Lamb County, Texas (d) $2,575.00 for the construction of a surge relief valve on the 24 " water supply line to Booster Station #7 at Quaker and _Brownfield Highway s 63-22-18-77 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4005 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE N0. 4005 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 Funds The sum $13,000.00 For the following purpose: Paving certain streets in the Urban Renewal Area, a part of the contract awarded to Pioneer Paver, Inc. To be added to G.W. 10,325 63-22-18-78 Bids as follows were received for purchase of four Interrupter Switches (EWO 10689), being Bid No. 7139. Bid Tabulation Set in Bid Book. After consideration of all bids received, motion was made by Commission O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of the bid of C. B. Anderson for purchase of these interrupter switches. 63-22-18-79 Bids as follows were received for purchase of one 4 yard Street Sweeper, being Bid No. 7140. Bid Tabulation Set in Bid Book. After consideration of all bids received, motion was made by Commissioner McLarty, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, Simpson, and McLarty voting Yea, Commissioner O'Mara voting Nay, to authorize acceptance of the bid of Plains Machinery Company, for purchase of this street sweeper. 63-22-18-80 Bids as follows were received for purchase of three packer type Garbage Bodies, being Bid No. 7141. Bid Tabulation Set in Bid Book. After consideration of all bids received, motion was made by Commissioner Alderson, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of the bid of Hobbs Trailers for purchase of these garbage bodies. 63-22-18-81 Bids as follows were received for purchase of Lights for the following Baseball Fields: Maxey Park, Lou Stubbs, and Lowery, being Bid No. 7161. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Commissioner Alderson, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of General Electric Supply Company for the purchase of items 4, 8, & 12. Accept the bid of Wide Light Corporation for purchase of item 13. Accept the bid of Nelson Electric Supply Company for the purchase of item 14. 63-22-18-82 Bids as follows were received for purchase of ready mix concrete for a period of one year, being Bid No. 7148. 19 JAN 2 4 1�3 Bid Tabulation Set in Bid Book. After consideration of all bids received, motion was made by Commissioner McLarty, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of the bids of Cement and Supply Company for the purchase of all the items. 63-22-19-83 Motion made by Commissioner Simpson, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF AN ALLEY AS LISTED BELOW: WHEREAS, the City of Lubbock passed a resolution on December 20, 1962 authorizing the construction of improvements by Frank Hodges Cement Contractor on a portion of the following alley: The East-West alley between Southeast Drive and East 28th Street from the East Property Line of Juniper Avenue to the Southwest Property Line of Southeast Drive, known and designated as Unit A-359. AND WHEREAS, the improvements upon the said portion of the above -mentioned alley 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 portion of the abovementioned alley 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 forc after its passage. PASSED AND APPROVED THIS 24TH DAY OF JANUARY, 1 63 Jac F. Strong, Mayor ATTEST: r p. / . • ! / LI3! Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney CITY OF LUBBOCK January 24, 1963 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Frank Hodges Cement Contractor, paving contractor, as authorized by a resolution passed on December 20, 1962 and find the improvements on the East-West alley in Block 29, Dunbar Heights 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 alley authorizing 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, John T. Hickerson City Engineer CONSOLIDATED FINAL ESTIMATE GWO 2817 Accented January 24, 1963 UANTITIES Unit & S.Y. Sub -Unit Location Paving A-359 The E-W alley between E. 28th and 664.83 Southeast Drive from the E.P.L. of Juniper Ave, to the S.W. PL of Southeast Drive TOTAL - 664.83 COST ESTIMATE 664.83 S.Y. Paving @ $5.50 $ 3,656.57 CONTRACT COST $ 3,656.57 20 JAN-2 4 1953 COST DISTRIBUTION Property City Unit & Contract Owner to Sub -Unit Cost Cost Contractor A-359 $ 3,656.57 $ 3,455.46 $ 201.11 63-22-20-84 Motion by Commissioner McLarty, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, the City Commission finds that certain property hereinafter more particularly described should be conveyed and that such conveyance is necessary and essential and in the public interest; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor be and he is hereby authorized and directed for and on behalf of the City of Lubbock to execute and cause the delivery of the attached General Warranty Deed according to the terms thereof, said deed being attached hereto and incorporated herein by reference for all purposes, conveying to Fine Homes of Lubbock, Incorporated, a Texas Corporation, for a total consideration of TEN AND N01100 ($10,00) DOLLARS and 9ther good and valuable consideration, all -that certain lot, tract or parcel of land located in Lubbock County, Texas, and being more. particularly described as follows: Beginning at a point 152.5 feet west and 25 feet north of the Southeast corner of Tract 2, Block 21, Crump Five Acre Addition to the City of Lubbock, Lubbock County, Texas, THENCE North a distance of 319.96 feet to a point, THENCE on a curve to the right having a radius of 127.5 feet for a distance of 197.27 feet to a point of tangent, THENCE South a distance of 192.46 feet to a point, THENCE West a distance of 124.5 feet to the Point of Beginning. SECTION 2. THAT the City Secretary -Treasurer is hereby authorized and directed to attest the signature of the Mayor to said instrument affixin he seal of the City of Lubbock thereto. Passed by the Commission this 24th day of Januar , 963w K F. STRONG, Mayor ATTEST: (/../ Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS, COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: That the City of Lubbock, a Home Rule Municipal Corporation of the County of Lubbock State of Texas, for and in consideration of the sum of TEN AND N0/100 ($10.00) DOLLARS, and other good and valuable consideration receipt of which is hereby acknowle4ge4, to me in -hand paid by Fine Homes of Lubbock, Inc., a Texas Corporation, have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said Fine Homes of Lubbock, Inc. of the County of Lubbock, State of Texas, all that certain tract, parcel or lot of land situated in Tract 2, Block 21, Crump Five Acre Addition to the City of Lubbock, Lubbock County Texas, and being more particularly described as follows: Beginning at a point 152.5 feet west and 25 feet north of the Southeast corner of Tract 2, Block 21, Crump Five Acre Addition to the City of Lubbock, Lubbock County, Texas, THENCE North a distance of 319.96 feet to a point, THENCE on a curve to the right having a radius of 127.5 feet for a distance of 197.27 feet to a point of tangent, THENCE South a distance of 192.46 feet to a point, THENCE West a distance of 124.5 feet to the Point of Beginning. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said Fine Homes of Lubbock, Incorporated, its successors and assigns forever; and I do hereby bind the City of Lubbock to Warrant and Forever Defend all and singular the sAid premises unto the said Fine Homes of Lubbock, Incorporated, itA9 successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof. Witness my hand at Lubbock, Texas this 24th day o anuary, A.D. 1963 Witnessjt�Request o Grantor : CI . •• LU BOCi�--- ATTEST V, Y • •A F. STRON Mayor Lavenia Lowe, City Secretary -Treasurer 63-22-20-85 Motion by Commissioner O'Mara, seconded by Commiss over McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. JAN 2 4 1963 RESOLUTION WHEREAS, the City Commission finds that a certain underground electric line easement located on Lot 22 and 27, Melonie Park Addition to the City of Lubbock, Lubbock County, Texas, is no longer needed for public use, NOW THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed to A. L. Cone and Jack Kastman, a partnership, covering the following described property, to -wit: TRACT I, BEGINNING at the North east corner of Lot 22, Melonie Park Addition to the City of Lubbock; THENCE South along the East line of said Lot 22 a distance of 113 feet to a point; THENCE West 2 feet to a point; THENCE North 113 feet to a point; THENCE East 2 feet to the POINT OF BEGINNING. TRACT II. BEGINNING at the Northeast corner of Lot 27 Melonie Park Addition to the City of Lubbock; THENCE South 113 feet to a point; THENCE West 2 feet to a point; THENCE North 113 feet to a point; THENCE East 2 feet to the POINT OF BEGINNING. SECTION 2. THAT the City Secretary shall attest the signature of the Mayor to said deed and shall affix the seal of the City of Lubbock therp4o. Passed by the City Commission this 24th da ��ry,�1963.�'�� f ATTEST � � JA F. STRONG, Mayor � r.>' / Lavenia Lowe, City Secretary»Treasurer QUIT CLA324 DEED THE STATE OF TEXAS, COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: 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 NO/100 ($1.00) DOLLARS, to it in hand paid by A. L. Cone and Jack Kastman, a partnership, 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 A. L. Cone and Jack Kastman their 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: TRACT I. BEGINNING at the Northeast corner of Lot 22, Melonie Park Addition to the City of Lubbock; THENCE South along the East line of said Lot 22 a distance of 113 feet to a point; THENCE West 2 feet to a point; THENCE North 113 feet to a point; THENCE East 2 feet to the POINT OF BEGINNING. TRACT II. BEGINNING at the Northeast corner of Lot 27 Melonie Park Addition to the City of Lubbock; THENCE South 113 feet to a point; THENCE West 2 feet to a point; THENCE North 113 feet to a point; THENCE East 2 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 A. L. Cone and Jack Kastman their heirs and assigns, forever, so that neither the said City of Lubbock nor its successors nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof WITNESS its hand at Lubbock, Texas this 24th day of Ja %FBOCIK A.D. 1963 Witness at Request Grantor: CITY ATTES - r F B � Bak F. Stron Mayor Laven a Lowe, City Secret ry-Treasurer ell, i a 22 JAN 2 4 '1963 -- UNDERGROUND ELECTRIC LINE EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT A. L. Cone and Jack Kastman, a Partnership, for and in consideration of ONE AND N01100 ($1.00) DOLLARS and other good and valuable consideration to them in hand paid by the City of Lubbock, a Home Rule Municipality located in Lubbock County, Texas, receipt of which is hereby acknowledged and confessed by Grantor, does hereby GRANT, SELL and CONVEY and by these presents has GRANTED, SOLD and CONVEYED unto said City of Lubbock, Its sucessors and assigns, a permanent and perpetual underground easement for the purpose of laying, constructing, reconstructing and maintaining an electrical power transmission line, with the rights of ingress, egresscand regress I at any and all times, in on, under, along and across the following described tracts of land L located in the City of Lubbock, Lubbock County, Texas, to -wit: TRACT I: BEGINNING at a point 43.0 feet East of the Northwest corner of Lot 27, Melonie Park Addition to the City of'Lubbock, Lubbock County, Texas; THENCE East 2.0 feet to a point; TMCE South 113.0 feet to a point; THENCE West 2.0 feet to a point; THENCE North 113.0 feet to the POINT OF BEGINNING. TRACT II• BEGINNING at a point 18.0 feet East of the Northwest corner of Lot 21, Melonie Park Addition to the City of Lubbock, Lubbock County, Texas; THENCE East 2.0 feet to a point; THENCE South 113.0 feet to a point; THENCE West 2.0 feet to a paint; THENCE North 113.0 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD all and singular the privileges aforesaid unto it, the said City of Lubbock, its legal representatives, successors and assigns to their proper use and behalf forever. WITNESS OUR HANDS this 24th day of January, 1963. A. L. CONE AND JACK KASTMAN, PARTNERSHIP A. L. CONE, Partner JACK KASTMAN, Partner THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned, authority, a Notary Public, on this day personally appeared A. L. CONE, a member of the partnership firm of A. L. Cone and Jack Kastman, known to me to be the person whose name is subscribed to the -forgoing instrument, and acknowledged to me that he executed the same as the act of A. L. Cone and Jack Kastman, a co -partnership, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24th day of January, 1963. (SEAL) Notary Public, Lubbock County, Texas THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared JACK KASTMAN, a member of the partnership firm of A. L. Cone and Jack Kastman, 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 of A. L. Cone and Jack Kastman, a co -partnership, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24th day of January, 1963. (SEAL) Notary Public, Lubbock County, Texas 63-22-22-86 Motion was made by Commissioner Simpson, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Hara, and Simpson voting Yea, none voting Nay, that the following Resolution be passed. Commissioner McLarty refrained from voting on this motion. RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED FOR AND ON BEHALF OF THE CITY OF LUBBOCK TO A PORTION OF WEBER AVENUE BETWEEN EAST 28TH STREET AND THE ALLEY SOUTH OF EAST 28TH STREET, SIEBER ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, by Ordinance No. 3989 the City of Lubbock has heretofore closed and abandoned that portion of Weber Avenue lying between East 28th Street and the alley South of East 28th Street, as more particularly described in said Ordinance to which reference is here made; and WHEREAS, the City Commission finds that the following described portion of Weber Avenue heretofore closed and abandoned by Ordinance No. 3989 is no longer needed for public use as a public street; NOW THEREFORE: 2` JAN 2 4 1953 r BE IT RESOLVED,BY THE CITY.COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a quit claim deed to John McLarty and John DePauw covering the following described property, to -wit: A parcel of land in the Sieber Addition to the City of Lubbock, Lubbock County, Texas, more particularly described as follows: BEGINNING at the intersection of the Northeast line of Weber Avenue and the North line of Lot 3, Block 15, said Sieber Addition; said point being also in the South line of East 28th Street; THENCE South 390 45' 55" East along the said Northeast line of Weber Avenue, a distance of 182.1 feet to a point; THENCE West a distance of 39.03 feet to a point; THENCE North 390 45' 55" West a distance of 182.1 feet to a point; THENCE East a distance of 39.03 feet to POINT OF BEGINNING. SECTION 2. THAT the City Secretary shall attes a signature of he Mayor to said Deed and shall affix the seal of the City of Lubbock there o.�—. ATTEST: Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS, COUNTY OF LUBBOCK JACI F. STRONG, Mayor - KNOW ALL MEN BY THESE PRESENTS: 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 N01100 ($1.00)-----DOLLARS, to it in hand paid by John McLarty and John DePauw 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 John McLarty and John DePauw their 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: A parcel o: land, in the Sieber Addition to the City of Lubbock, Lubbock County, Texas, more particularly described as follows: BEGINNING at the intersection of the Northeast line of WeberAAvenue and the North line of Lot 3, Block 15, said Sieber Addition; said point being also in the South line of East 28th Street; THENCE South 390 45' 55" East along the said Northeast line of Weber Avenue, a distance of 182.1 feet to a point; THENCE West a distance of 39.03 feet to a point; THENCE North 390 45.' 55" West a distance of 182.1 feet to a point; THENCE East a distance of 39.03 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, together with all and sipgular the rights, privileges and appurtenances thereto in any manner belonging unto the said Joan McLarty and John Depauw their heirs and assigns, forever, so that neither the skid City of Lubbock, 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 the aforesiad premises or appurtenances, or any part thereof. WITNESS �my hand at Lubbock, Texas.this 24t ay of January A.D. 1963. ,., : ✓, CITY F UBBOCK ATTEST: llf:!`` By: Lavenia Lofie. City Secretary_ easurer F. STRONG4 Ma r :63-22-23-87 Motion by Commissioner Alderson, seconded y Comm sinner O'Mara, motion carried, yor Strong and Commissioners Alderson, O'Mara, Simpson, Larty voting Yea, none voting Nay, that Ordinance No. 4012 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4012 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: Water Bond Fund The sum $3,252.68 For the following purpose: Cons�� �f the following water lines ahead of paving: 4E'"r,In N- alley between Ave. V' & Ave. "N" from 17th St. north 65' S 798.47 )04 JAN 2 4 1963 4"/in E-W alley between Broadway & Main St. from Ave. "X" to Ave. "W" $ 2,454.21 63-22-24-88 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4008 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4008 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, RE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bond Fund The sum $5,000.00 For the following purpose: To construct retaining wall, sidewalks, dirt work, also water system around the Garden & Arts Center. 63-22-24-89 Motion by Commissioner McLarty, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize appointment of Mrs. Mary Lee Roddy as a member to the City -County Welfare Board. Appointment to be made for a term of three years. Mrs. Roddy's term will expire December 31, 1965. This is a joint City -County Board, having nine members. The other members on the Board being City appointments are Dr. Robert N. Arnold, Byron Shotts, Mrs. P. T. Glazner, Mr. John Shropshire. The term of Reverend Rollo Davidson, appointed by the County Commissioners Court, also expired December 31, 1962. The other county appointments on this Board are John D. Smith, Jr., Earl Weaver, Mr. John Key. 63-22-24-90 Motion by Commissioner McLarty, seconded by Commissioner -Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to reappoint David M Cowgill, M.D. as City County Health Officer for the term beginning February 1, 1963 and ending on February 1, 1965. THE STATE OF TEXAS OATH OF OFFICE I, David M. Cowgill M D, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of City Health Officer Lubbock, Texas of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State; and I furthermore solemnly swear (or affirm), that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which X was elected. So help me God. ISI David M. Cowgill, SWORN TO and Subscribed before me this 24th day of Januarys, 1963. Notary Public, Lubbock County, Texas. COPY OF APPOINTMENT CITY HEALTH OFFICER I Jack F. Strong, MAYOR do hereby certify that on 24th day of January, 1963, David M. Cowgill M.D., was duly appointed the City Health Officer of Lubbock, Texas, and his term shall begin on February 1,(1963) 1963 and end on February 1, 1965, unless said officer is removed by law. SIGNED . TITLE Jack F. Strong, -MAYOR City of Lubbock, Texas. 63-22-24-91 NOTICE OF ZONING HEARING NONCE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Commission will hold a public hearing on the 24th day of January, 1963, at 10:00 o'clock A.M., in the City Commission Room on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations 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 persons 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 recommendation. ZONE CASE NO. 1028 -Appeal of E. C. Pounds (for Cardinal Life Insurance Co.) to change a tract of land in Section 3, Block E, Lubbock County, Texas, from an "R-1"•to a "C-3" zoning district. Said property is described by metes and bounds to -wit: BEGINNING at a point 45 feet south and 25 feet east of the northwest corner of the northeast quarter of Section 2, Block E, Lubbock County, Texas,said point being in the present southeast corner of the intersection of 50th Street and Avenue U in the City Of Lubbock; THENCE south a distance of 180 feet; THENCE east a distance of 155 feet; THENCE north a distance of 180 feet; THENCE west a distance of 155 feet to the PLACE OF BEGINNING. (Said property is located in the vicinity of the 50th Street and Avenue U intersection.) The Planning and Zoning Cnmmisainn rarnmmpnriari rn rho f'iry [eemrr,iaa;., .ri,are rh�arrr,ecr 25 JAN z 4 1963 In accordance with the above Notice of Zoning Hearing, hearing was held -Appeal of E. C. Pounds (for Cardinal Life Insurance Company) to change a tract of land -in Section 3, Block E, from an "R-1" to a "C-3" zoning district. Mr. Gene Blackburn, for Billy Meeks Realtors, appeared in support of this zone change. No person appeared to protest. Mr. Blackburn stated to the Commission that the owner of the property wanted to construct a filling station at this location. After consideration of all facts presented, motion was made by Commissioner Simpson, seconded by - Commissioner McLarty, motion.carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to TABLE this request for a zone change. 63-22-25-92 January 18, 1962 Mr. John Hickerson City of Lubbock Lubbock, Texas Dear Sir: As requested, Mr. W. H. Hudgins, the owner of Lot 11, Block 24, Carter -Coffey Addition on the Old Plainview Highway has made application f6r a walk -driveway permit. On this location, Mr. Hudgins plans to build a Wash-A-Teria: As a sidewalk will be definitely a detriment to his business, we respectively request that this sidewalk requirement be waived. Sincerely W. P. Crawford Mr. W. P. Crawford appeared before the City Commission requesting waiver of the sidewalk requirement at 1908 North Ash. After consideration of this request, motion was made by Commissioner Simpson, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that.this request for waiver be DENIED. 63-22-25-93 RAY -LEE CONSTRUCTION COMPANY January 15, 1963 City Commission Lubbock, Texas Attention: Mr. George Hays City Building Inspector - Gentlemen: We request that the requirement.for a 6' sidewalk at the Property Line of Lot 1, Doud Addition, be waivered for the following reasons: 1. The new construction is a 40' building, fronting upon a 500' lot Property Line. 2. This is an M-1 zone. 3. There is no pedestrian traffic in this area. 4. There are no other sidewalks along this Highway for more than 2 miles in either direction. Thank you. - RAY-L39 CONSTRUCTION COMPANY Lee Heatley Request was made for waiver of sidewalk requirements at Brownfield Road and Englewood Avenue. (5700 Block) No person appeared in support or protest of this zone change. After consideration of this request, motion was made by Commissioner McLarty, seconded by Commissioner Simpson, motion carried, Mayor.Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to GRANT this request for waver. 63-22-25-94 City Commission Lubbock, Texas Gentlemen: I request a hearing to waiver.sidewalk on Lot 1 Block 22 College,Heights Add. Lubbock, Texas. C. G. McKinzie 4401-39th St. Lubbock, Texas Phone SW9-0923 Mr. C. G. McKinzie appeared before the City Commission requesting waiver of the sidewalk requirements at 4401 39th Street. No person appeared to protest. After consideration of this request, motion was made by Commissioner Alderson, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners-A4derson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to DENY this request for waiver. 63-22-25-95 KOEN'S PHOTOGRAPHY Lubbock City Commission % Mr. George Hay, City Building Inspector City Hall Lubbock, Texas Dear Sirs: Would you please give me permission to appear before the city commission to request that the sidewalk requirement be waved on lot 97 and part of 98, Greenlawn Addition to -the City of Lubbock, where I am constructing a new home? Thank you very much- Varu trill u unrirc )6 JAN 2 4 1963 63.22-26-96 63-22-26-97 63-22-26-98 Mr. Don Burnett appeared before the City Commission requesting waiver of the sidewalk requirements at 5510 21st Street. After consideration of this request, motion was made by Commissioner Alderson, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to DENY the request for waiver. H. T. Nossaman R. R. #6, Box #240E Lubbock, Texas 1304 East 74th Mr. George Hay Lubbock City Commission Lubbock, Texas Dear Sir: We hereby request a waiver on the sidewalk regulation in front of our property on Lot 3-B, Trigg Heights Addition. The city vehicles have cut a bar ditch within,two feet of our property line and in order to build a regulation four -foot sidewalk a large portion of this bar ditch would have to be filled in. Sincerely, H. T. Nossaman Mr. H. T. Nossaman appeared before the City Commission request waiver of sidewalk requireofa4 at 1303 74th Street. After consideration motion was made by Commissioner McLarty4hk Q %kXt be granted. want of a second. Motion was then made by Commissioner O'Mara, seconded by Commissioner Situp on, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to DENY the request for waiver. Lubbock, Texas 1st-16th-63 To, City Commission % George Hay Gentleman, I am Roy A. Blevins, residing at 409 David Ave. I am asking permission to appear to have Sidewalk/Waived at 409-David Ave. As there isn't any Paving Gutter or Sidewalk, leading south from 4th Street to 6th Street, on David Avenue. Roy A. Blevins /S/ Roy A. Blevins Mr. Roy A. Blevins appeared before the City Cotmission requesting waiver of the sidewalk requirement at 409 David Avenue. After consideration of this request, motion was made by.Commissioner Alderson, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to DENY this request for waiver. TO: HONORABLE CITY MANAGER, CITY OF LUBBOCK, TEXAS Plains Baptist Church % Re-v. P.D. Fullingim 1400 Aanda Street Lubbock, Texas January 18, 1963 MAYOR, AND CITY COMMISSIONERS On behalf of the Plains Baptist Church of Lubbock, Texas, the undersigned requests a hearing before the City Commission meeting of Thursday, January 24, 1963, or whenever it next shall meet for the purpose of seeking permission to locate and use on the premises of the church located at 2020 East 14th Street, Lubbock, Texas, a surplus building from the vicinity of Reese - Air Force Base proposed to be donated to the church. We understand similar requests have been made and granted to other churches in Lubbock. The original of this letter will be addressed to the City Manager at City Hall with the request that he indicate when our case could be heard on the attached copy of this letter therein inclosed and return same to the undersigned in the self-addressed, stamped envelope therein enclosed. RESPECTFULLY SUBMITTED, .'PLAINS BAPTIST CHURCH - BY: /_S/ P.D. F_ul_lir P.D. FULLINGIN, Pastor This case may be heard at O clock M. on the 24th day of January, 1963. City Manager City of Lubbock, Texas Copies of this letter Mailed to City Manager, Mayor, and each City Commissioner. Reverend P. D. Fullingim, Worth Fullingim, Attorney,, and others appeared before the City Commission to discuss relocation of a surplus building to be moved from out of the City Limits to 2020 East 14th Street, for occupancy as a Church building by the Plains Baptist Church. These men were - referred to the Building Inspection Department to determine whether or not it would be necessary for the City Commission to take any action as to location of this building. 63-22-26-99 SAM H. ALLRED December 27, 1962 To The Honorable City Commission City of Lubbock Municipal Building Lubbock, Texas % Mrs. Lavenia Lowe, City Secretary Gentlemen: r i JAN 2 4 1963 r ' Dedication Deed pertaining to certain property upon which she resides and described as follows: A part of Block 43, Suburban Homes Addition to the City of Lubbock, Lubbock County, Texas Mrs. Baldree advises that at the time she executed this proported Dedication Deed, the same did not contain the Plat which was later attached to it and both subsequently recorded; said Plat proporting to dedicate thirty feet (30') off of the front of the property in question. She advises that she had no intention of dedicating the front thirty feet off of her property fronting on 50th Street to the public in order that her property might be served with certain public utilities. On several occasions during the past three or four months, I have discrussed this matter with Mr. Fred Senter, your City Attorney and he is familar with our position in this matter. By reason of the foregoing, you are respectfully requested to quitclaim or release unto Mrs. Baldree the proported Dedication Deed, said request being based upon the following: Deed. 1. Because legal research indicated that the same is not a valid instrument as a Dedication 2. In order to do equity and justice toward Mrs. Baldree. Trusting that this matter will be given your earliest attention, I am, Sincerely yours, SAM H. ALLRED Mrs. Otto Baldree and her Attorney Sam H. Allred appeared before the City Commission requesting that the City Commission Deed to Mrs. Baldree a portion of the 50th Street Right-of-way dedicated to the City by Mrs. Baldree by Dedication Deed. The land being located in Block 43, Subuurban Homes Addition. After consideration of the facts presented at the hearing, motion was made by Commissioner Simpson, seconded by Commissioner Alderson, motion carried, to DENY the request for return of this dedicated land. The vote on this motion was as follows: Mayor Strong and Commissioners Alderson, Simpson, and Mara voting Yea, Commissioner McLarty voting Nay. 63-22-27-100 Public hearing was held on request of Lubbock Independent School District to close 21st Street between Avenue U and Avenue T. Several property owners appeared in protest of the closing of the street. A petition was filed containing approximately 19 names protesting the closing of this street. After consideration of all facts presented at the hearing, motion was made by Commissi6ner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the request to close 21st Street between Avenue U and Avenue T be DENIED. 63-22-27-101 Dolores Ybarra appeared before the City commission requesting permission to maintain a trailer as a residence at 2817 Bates Street in an "R-2" zoning district. After consideration of this request, motion was made by Commissioner McLarty, seconded by Commissioner Alderson, motion carried, Mayor Stnoand Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, thaVt ailer houmbe allowed to remain for ninety days at which time the trailer must be removed. 63-22-27-102 Motion by Commissioner O'Mara, seconded by.Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize purchase of the following paving certificates from Pioneer Pavers Inc. on 1962 Assessment Paving Program on Chicago Avenue, 42nd Street 66 44th Street, being GWO 2770. Unit No. 2078-1, Chicago Avenue: J. W. Bell Lot 3, Blk. 2, Westmoreland Add. $331.07 Unit No. 2078-2, Chicago Avenue: E. M. Kinnison Lot 3, Blk. 3, Westmoreland Add. $331.07 Alonzo D. Mills Lot 4, Blk. 3, Westmoreland Add. $319.24 63-22-27-103 Mr. Joe Roberts and Mr. Jimmy Holmes, Certified Public Accountants who audited the City's accounts and records for the fiscal year October 1, 1961 through September 30, 1962, appeared before the City Commission to discuss the annual audit. After discussion, motion was made by Commissioner Alderson, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of said audit report. '63-22-27-104 The City Commission considered the purchase of certain paving certificates from Frank Hodges on the 1963 Alley Paving Project. Motion was made by Commissioner Alderson, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to not purchase the paving certificates. i63-22-27-105 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting May, that the following Resolution be passed. G.W.O. 10400 RESOLUTION A RESOLUTION PROVIDING FOR IMPROVEMENT OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTIRG PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COMMISSION OF LUBBOCK, TEXAS, THAT: I. Public necessity exists that the following portions of streets, highways, avenues and/or alleys in the City of Lubbock and along the boundaries thereof., be improved as herein provided, to -wit: 18 JAN 2 4 M63 Street From To Flint Avenue Erksine Street Emory Street Flint Avenue Emory Street Duke Street _ Itasca Street Quaker Avenue Utica Avenue Amherst Street Boston Avenue I blk. East of Boston Ave. Canton Avenue 1st Street lst Place Detroit Avenue 1st Street lst Place Elgin Avenue 1st Place 2nd Street Toledo Avenue alley South loth Street 81.36' North of 12th St. Toledo Avenue 17th Street alley.South of 18th Street 21st Street Chicago Avenue Bangor Avenue Chicago Avenue Brownfield Road 42nd Street Avenue B 30th Street 34th Street 17th Street Avenue F Avenue G Redbud Avenue East 24th Street East 22nd Street Beech Avenue East 4th Street alley South of East 5th Street Fordham Street North Avenue N North Avenue Q North Drive Cornell Street North Avenue U North Avenue T- 9th Place Chicago Avenue Bangor Avenue R 13th Street Toledo Avenue Vicksburg Avenue Utica Avenue 13th Street 15th Street 18th Street Quaker Avenue Utica Avenue 17th Street Quaker Avenue 105.4' W. of Raleigh Avenue 16th Street Quaker Avenue Raleigh Avenue Salem Avenue alley South of 16th St. 19th Street Quaker Avenue 4th Street 18th Street South � of 50th Street Avenue U Avenue Q Parkway Drive Access Road South Side Walnut Avenue 391' East of Walnut Ave. Holly Avenue Main Street East Broadway Quirt Avenue Parkway Drive Idalou Road Avenue P 34th Street 38th Street East 25th Street Redbud Avenue West to -cul-de-sac East 27th Street Redbud Avenue West to cul-de-sac East 29th Street Redbud Avenue West to cul-de-sac Redbud Avenue East 28th Street East 33rd Street East 31st Street Quirt Avenue Teak Avenue Tea$ Avenue East 31st Street East 32nd Street East 27th Street Quirt Avenue alley East of Weber Drive Oak Avenue alley East of Weber Drive East 25th Street East 26th 126' East of Weber Drive cul-de-sac Coronado Drive Globe Avenue alley East of Hickory Avenue Globe Avenue East 25th Street East 26th Street East 25th Street Globe Avenue Hickory Avenue Hickory Avenue East 25th Street Southeast Drive II. Said portions of streets, highways, avenues and/or alleys shall be improved by raising, grading and filling same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted caliche base, and by surfacing with quadruple asphaltic surface treatment (Penetration type). III. The City Engineer is hereby directed to prepare plans and specifications for such improvements. IV. Such improvements in each unit shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said streets, highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. (b) The abutting property and owners thereof shall pay and shall be assessed -for all the cost of constructing curbs in front of such respective property and a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, provided that such part of the costs assessed to the abutting property or owners thereof shall not exceed 90% of the cost of the improvements plus the cost of the curb, and further provided that if it shall appear at the hearing to be had before final assessment is made that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. (c) The remaining cost of said improvements, after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) -hereof, and against abutting property and the owners thereof under sub -paragraph (b) above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paid on estimates or statements on or before ten days after acceptance of the improvements in the unit in which the railway lies, by the City Commission and shall bear interest from date due and until paid at the rate of 6% per annum. The amounts assessed against and to be paid by -the abutting property and the owners thereof shall be payable in three equal installments: the first of which shall become due on or before 10 days after completion and acceptance of the improvements in the unit on which the property abuts by the City Commission; the second and third one and two years respectively after completion and acceptance of the improvements in the unit upon which the property abuts, by the City Commission, and shall bear interest from the date of completion and acceptance until paid, at the rate of six percent per annum, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures: then at the option of the holder of such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same in made. VI. Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred, all under and in accordance with the Charter, and amendments thereto, now in force'in this City, «C O O Z • N m .j w W• p ZO ZaM � Z W 0 iWn v to O W Ii 40 o a a ixvi N a N !� • O AVE S ONE vp WAY PARKING � y = m Z W a W ca 0 a 0 IM a W cr H zi rw 90 JAN 2 4 r9S� •loamended by Chapter 281 Acts of the 52nd Legislature. VII. This Resolution shall take effect and be in force from and after its passage. I� PASSED AND APPROVED THIS 24TH DAY OF J.N[l 19E�.3. `�--- Jac F. Strong, Mayor ATTEST: � ' Lavenia Lowe, City Secretary APPROVED: Fred 0: Senter, Jr., City Attorney APPROVED: John T. Hickerson, City Engineer �63"-22-29-106 The American Road Insurance Company CLAIMS CORRESPONDENCE November 20, 1962 City Commission of the City of Lubbock Municipal Building Lubbock, Texas Re: Claim File: 16N79569 Insured: Roy B. King Acc. Date: 10-28-62 Gentlemen: In compliance with Section 3 of Ordinance No. 1646 of and for the City of Lubbock, Texas, I am submitting the following information and enclosures. By virtue of our automobile insurance contract for collision coverage with Mr. Roy B. King, 4073 Stratford, Abilene, Texas, on his 1962 Ford Fairlane 500 two door sedan and subrogation agreement (copy herein contained), we are making demand upon your City for property damage to said car in the amount of $240.05. This amount includes Mr. King's $100.00 deductible interest. This damage occurred on October 28, 1962, just off of Avenue "H" in the City of Lubbock, Texas. At the time, Mr. King's son, Walter, was driving said car. Water had washed out the street leaving about a two foot hole. As Walter King was driving at this location a wheel of the car dropped in and did damage to said car as set out on the enclosed copy of the repair estimate. There were no witnesses to this accident. Our investigation indicates this damage was caused by the negligence of the City of Lubbock. By virtue of our subrogation rights, we assert claim for the amount of the repairs. Of course, copy of our proof of loss and repair bill, are enclosed. Please forward your draft along with any releases you deem necessary. Thank you for your cooperation. Very truly yours, Robert B. Downing State of Texas County of Dallas Before me Charles W. Quille a notary public in and for the County of Dallas, Texas personally appeared Robert B. Downing, known to me to be the person signing above and upon oath has stated that the facts set out in the above letter and attachments thereto are true and correct to the best of his knowledge and belief. Signed and sealed this the 20th day of November, 1962. IS/ Charles W. Quille Notary, -Public in and for Dallas County, Texas My Commission expires 6-1-63 After consideration of the Subrogation Claim of the American Road Insurance. Company on behalf ! of Roy B. King, motion was made by Commissioner O'Mara, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to REJECT payment of this claim. 63-22-29-107 Motion by Commissioner McLarty, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay,'to authorize the sidewalk requirement to be waived at the Hemphill Wells Appliance Store at 1901 4th Street. The parking arrangement at this location to be in accordance with the attached Plat. Plat set in on page 28B. 63-22-29-108 Mr. Earl Ince, Jr. appeared before the City Commission in connection with sanitary sewer line installation to his property at 19th Street and Chicago Avenue. Motion was made by Commissioner McLarty, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize the City Engineering Department to require payment of the cost of the sewer extension to a point 22 feet east of the west property line of Lot 1, BumpassAddition, with refund in accordance with the requirements of the City of Lubbock Ordinance Code. 30 JAN 2 4 1953 63-22-30-109 Mr. W. E. Medlock, Chairman of the Citizen's Traffic Council and Mr. Merrell R. Tripp, of the Traffic Council, appeared before the City commission recommending the channelization of traffic on-4th Street between Avenue Q and College Avenue. It was stated in the discussion that to channelize the traffic would require the removal of parking on the North and South sides of 4th Street from Avenue Q to College Avenue and the painting of traffic lines. The following persons appeared in regard to channelization of 4th Street: Roy Heath of Heath Furniture Company; Mr. A. J. Malouf, owner of property on 4th Street; Mr. E. L. Tarver of Tarver Electric Company; Mr. Ronald Preston of Nunn Electric Corporation; Mr. John J. Jones of Pioneer Office Building; Mr. Garland Fhel; Mr. Bob Clark of Brandon & Clark Electric Company; Mr. Winston Robison; Dr. N. A. Cox; Mr. Nelson Hall of Phillips Pertoleum Company; Mr. T. V. Walker of Walker Agency, Insurance; Mr. Bill Whitwell of Ater-Whitwell Lumber Company; Mr. W. E. Weeks and others. After consideration of all the facts brought out at the meeting, motion was made by Commissioner McLarty, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize removal of parking on the North and South sides of 4th Street from Avenue Q and College Avenue effective April 15, 1963.$ being hereby understood, that any adjustment -of curbs for recessed parallel parking shall be at the expense of the property owner. and recessed parallel parking is authorized where Right-of-way is available. 63-22-30-110 Motion by Commissioner McLarty, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to approve the sale by the Urban Renewal Agency of Lot 10, Block 37, Wheelock's Second Addition, further designated as North 50 feet of South 100 feet of Land Disposition Parcel 16-6, to Buster Campbell for a total price of $1,250.00. This lot is to be developed with a single family residence, in accordance with the Urban Renewal Plan. 63-22-30-111 Motion by Commissioner McLarty, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting May, to approve revised site plan for apartment development at 34th Street and Avenue T, Zone Case No. 1050 in accordance with revised site plan on file in the office of the Planning and Zoning Department and the Building Inspection Department. 63-22-30-112 Motion by Commissioner O'Mara, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. ' RESOLUTION BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT Section 34-51 df the Lubbock City Code which provides'thit there shall be a service charge due on all property to which water and/or sewer lines are extended after April 1, 1952, and that such charge shall be called "pro -rate" charge for water and/or sewer due and payable before service is provided and th8t such charge shall represent a portion of the costs of providing water and/or sewer facilities to serve the property on which'the pro -rate is paid shall be construed and is hereby construed by the City Commission as not being applicable to any land acquired or to be acquired by the Urban Renewal Agency of the'City of Lubbock, a public agency, or to any improved area where improvements are of such a nature that they comply or will be brought in compliance with the standard established by the Urban Renewal Agency the City of Lubbock and located within the area heretofore designated as the Urban Renewaea within said_City of Lubbock. Passed this 24th day of January, 1963. = -kl I �� (:JAC F. STRONG, Mayor ATTEST: F T Lavenia Lowe, City Secretary -Treasurer 63-22-30-113 Motion by Commissioner McLarty, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4006 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4006 AN ORDINANCE AUTHORIZING AND DIRECTING THE DESIGN AND CONSTRUCTION OF THREE MEDIAN DIVIDERS AT THE INTERSECTION OF AVENUE Q AND 34TH STREET; DEFINING THE TERM "MEDIAN DIVIDER"; AUTHORIZING SUCH WARNING AND DIRECTIONAL SIGNS, DEVICES, STRUCTURES, OR IMPROVEMENTS AS NECESSARY; PROVIDING A PENALTY FOR ANY PERSON WHO DRIVES A MOTOR VEHICLE ON OR OVER SUCH MEDIAN; AND DIRECTING PUBLICATION AND PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE. TEXAS HIGHWAY DEPARTMENT January 16, 1963 Control 53-18 U. S. 84 (Avenue Q) Lubbock, Lubbock County City of Lubbock P.O. Box 2000 Lubbock, Texas Attention: Mr. H. P. Clifton City Manager Gentlemen: Proposed Median Dividers We have received in this office a copy of a sketch showing the median islands, 50-foot in length, to be installed on 34th Street and on Avenue Q north of the intersection with 34th Street for the purpose of supporting and protecting pedestal mounted sections of a fixed -time traffic signal. The Texas Highway Department offers no objection to the proposed modification of the signal, the over- head cable suspended signal to be xemoved, pedestal mounted signal sections to be installed, but the length of median section is considered to be inadequate. do 30B SAN 2 4 1953 t PLAT SET IN FROM PAGE 31. ITEM NO. 63-22-30-113. L - -� NO DESCRIPTIO 4 4 Section one-way signals underground 4eed at 87 62 ea. _ 6 14" Ornamental bases pedestal pole at 28 88 ea. 6 Concrete bases at 12.50 ea 2 3 Section one-way signals underground feed at 67 ' 3 ea. _ 6 4" X 7' Pedestal poles at 10.50 ea. 450' 1112" Conduit at 45.80/100' _ 450' ,# 12-12 Conductor at 3765/100' 14 1 1/2" 90' rigid galvimzed etls at 1 17 ea 14 11/2" Unions at .95 ea _ 30' 1" Conduit at 28.30/100' 1 Meter base at T50 eo, 6 Roils (E-T-3) 3/4" plastic tape of . 0 per rot' __ T 28 100 watt-- 125 :o * traffic signal bulbs at .67 ea. Handling charges 56 Hours labor, machine t and crew at 6.00'rir 104 JJ_A atC,p>.gs�1c' t CrB7EL._a�.i,.�}�$q ff.1 TOTAL I Less trade !r. of+4 section four-waj. none adjustable signal GRAND TO AL_ ESTIMATE Two mediam dividers 200 sq• ft at .40/so ff 80,00 ea Q a Fr National I Register JAN 2 4 jos3 I� from 34th Street northerly to 33rd Street, if cleared and approved by the City. The proposed 50-foot length of median, in our opinion, may lead to difficulties in the future, when and if it becomes desirable to extend the median northwaud to a point beyond 33rd Street. In the interest of safety for traffic and in order to avoid probable controversy over later construction of additional median, we urge the City to reconsider and to approve the construction of a Tetuan approximately 205 feet in length extending along Avenue Q from 34th Street north to 33rd Street. cc: Mr. B. H. McDaniel Plat set in on page 30B. Very truly yours, 0. L. Crain District Engineer District Five. 63-22-31-114 Motion by Commissioner Mr-Larty, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4007 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4007 AN ORDINANCE AUTHORIZING AND DIRECTING THE DESIGN AND CONSTRUCTION OF A MEDIAN DIVIDER IN THE CENTER OF 34TH STREET FROM A POINT FORTY (40) FEET WEST OF AVENUE A TO THE INTERSECTION OF 34TH STREET AND AVENUE A; DEFINING THE TERM "MEDIAN DIVIDER"; AUTHORIZING SUCH WARNING AND DIRECTIONAL SIGNS, DEVICES, STRUCTURES, OR IMPROVEMENTS AS NECESSARY; PROVIDING A PENALTY FOR ANY PERSON WHO DRIVES A MOTOR VEHICLE ON OR OVER SUCH MEDIAN; AND DIRECTING PUBLICATION AND PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE. 63-22-31-115 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4013 be passed on first reading. ORDINANCE ORDINANCE NO. 4013 AN ORDINANCE ABANDONING AND CLOSING THE NORTH -SOUTH ALLEY BETWEEN LOTS L82 AND 183, LEFTWICH MONTEREY HEIGHTS ADDITION TO THE CITY OF LUBBOCK, 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 ABANDONING OF SAID ALLEY AS AFORESAID. 3-22-31-116 There was discussion of the Avenue S. and Avenue T Right-of-way between 4th Street and 34th Street. Motion was made by Commissioner Alderson, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize the Building Inppection Department to issue building permits on Avenue S and Avenue T between 4th Street and 34th Street without requiring the additional five feet of Right-of-way as provided by the Master Thoroughfare Plan and also.to permit the adjacent property owners to occupy this land in accordance with the Zoning Ordinance requirements. �63-22-31-117 Mr. Earl Ince, Jr. appeared before the City Commission for discussion of placing a 6 foot sidewalk adjacent to the curb on the north side of 50th Street between Avenue P and Avenue Q. After discussion in this regard, motion was made by C nm issioner Alderson, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize the Mayor to execute the following Street Use License. Street Use License set in on page 3L'Al. Plat set in on page 3DR. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COMMISSION ADJOURNED FROM REGULAR MEETING, JANUARY 24, 1963. K ATR NG,�May�o�r��� ATTEST: y Lavenia Lowe, City Secr ary-Treasurer READ AND APPROVED THIS THE 14th DAY OF February , 1963. �'j C F. STRONG; Mayor ATTEST: ll Lavenia e, City Secretary -Treasurer '2 FEB 7 1963 i - --- - � —- T ��- �-� - �-----�--�-�-----�- � -- February 7, 1963 i Lubbock, Texas 63-22-32-118 63-22-32-119 RECESSED REGULAR MEETING: The City Commission of the City of Lubbock, Texas, met at 2:30 p.m. in recessed regular session recessed from Regular Meeting of January 24, 1963, the following members thereof being present to -wit: Mayor Jack F. Strong and Commissioners W.C. O'Hara, Rolan Simpson, and Marvin McLarty, City Manager H.P. Clifton, Assistant City Manager Fritz Lanham, City Secretary -Treasurer Lavenia Lowe. Absent: Commissioner W.E. Alderson. G. R. Rowell 1524 E. lst Place PO 2-1069 City Manager Lubbock, Texas Dear Sir: I would like to have permission to park a bus on a city street in downtown Lubbock, Saturday, February 16. It will be a free exhibit showing unusual ideas on the care of your home called the Amway Showcase. It shows new and better products for cleaning and maintaining the home. There will be no selling only a free showing of Amway Products. The bus would take approximately two parking places. I would like to have it on Broadway somewhere between Texas and Avenue M if possible. The Assistant City Manager told me that you were going to have a special session of the City Council February 6, and I would like to have this taken care of then if possible as the regular session on February 14 wouldn't give me the time to make the arrangements. I am sending a picture of the bus for your consideration. Please let me know as soon as possible of your decision. Thank you very much, G. R. Rowell The City Commission considered the request of G.R. Rowell as set out in the above letter. After consideration it was unanimously agreed to not grant this request. Motion by Commissioner McLarty, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to waive the sidewalk requirement at 3428 Southeast Drive. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY REGULAR MEETING, FEBRUARY 7, 1963. ATTEST: Lavenia Lowe, City ecretary-Treasurer READ AND APPROVED THIS THE 14th DAY OF February ATTEST: Lavenia Lowe, City Secretary Treasurer ION ADJOURNED FROM RECESSED , Mayor 1963. kCx ST NG, Mayor JAN 2 4 1963 f L L STREET USE LICENSE SET IN FROM PAGE 31. ITEM NO. 63-22-31-117 LICENSE FOR USE"*i F'TUBLIC WAY THE STATE OF TEXAS - COUNTY OF LUBBOCK _ This License made the 24th day of Janugry, 1963, between the City of Lubbock, a Home Rui6 Mugi'c herein called "CITY" and EARL INCE, JR., heribIncalled "LICENSEE". WITNESSETH: THAT the parties hereto, for the consideration hereinafter expressed covenant and agree as foll (1) In consideration of the sum of ONE AND NOJ100 ($1.00) DOLLARS and other good and valuable consideration, cash in hand paid by LICENSEE, CITY hereby grants LICENSEE a license for the followi purpose: To use a portion of the Public Way, as hereinafter fully described, for a vehicular parki area with the right to make all necessary improvements thereon, consistent with the terms of this license and subject to the written approval of the City Engineer and Ordinance of the City of Lubbo and to maintain same, at the following designated location: BEGINNING at a point 180 feet West and 40 feet North of the Southeast corner of Section 10, Blo B, Lubbock, Lubbock County, Texas; THENCE South 10 feet to a point; THENCE West 251 feet to a point; THENCE North 15 feet to a point; THENCE East 150 feet to a point; THENCE South 5 feet to a point; THENCE East 101 feet to the point of BEGINNING. (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, cause of action, suits at law 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 th License. (3) LICENSEE shall at all times exercise the privileges granted by this License in such a mann as will not interfere with the public use of the public way at the location hereinabove described ai so as not to create any dangerous or hazardous condition thereon, and subject to the supervision_ of City Engineer, LICENSEE shall erect such barricades, warning signs, and other safety devices as may be required by said City Engineer at no expense to CITY. (4) CITY at its election may cancel and revoke this License, with or without cause, upon thirt- (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the Post Office, postpaid, addressed to LICENSEE at 5412-19th Street, Lubbock, Texas. (5) This License and privilege shall not be transferable in whole or in part, and shall not im to the benefit of any other person, firm, corporation, or organization other than LICENSEE except ul express written consent of CITY. (6) Upon termination of this License, by revocation and/or cancellation by CITY, by mutual cone of the parties hereto or otherwise, LICENSEE shall remove, at no cost to CITY, any or all improvemei 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 bout thereby, In the event two or more parties execute this instrument as LICENSEE, all covenants and agreements of this License shall be joint and several covenants and agreements of such parties, (8) All covenants and provisions of this instrument shall be binding upon and inure to the ben( of the successors, legal representatives and assigns of the parties to the same extent and effect a: 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 subs ent assignee, shall be bii upon CITY without the written consent of CITY in each instance. C TY Q LU,BBOC Nz�: ATTEST l/rrr � LavenidELowe, City Secrets -Treasurer . 8TRM, Mayor EARL INCE, JR. THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared , known to me to be the person whose name is subscrit to the foreg61ng 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 purposes and consideration therein expressed, znd in tl capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24th day of January, 1963. (SEAL) Notary Public, Lubbock County, Texas THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public, in and for said County, Lubbock, on this day personally appeared known to me to be the person whose name is subscribed to th foregoing instrumen n a no to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24th day of January. 1963. F S�JPV�C E STA TIoN 4 E) {p0.4 e' A Pf b Rf R.