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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/12/1963or V 78 $ Ep 121963 September 12, 1963 Lubbock, Texas REGULAR MEETING: The City Commission of the City of Lubbock, Texas, met at 10:00 o'clock a.m. in the regular meeting place in the City Hail, the following members thereof being present, to -wit: Mayor Jack F. Strong and Commissioners W. E. Alderson, W. C. O'Mara, Rolan Simpson, and Marvin McLarty„ Jr., City Attorney Fred 0. Senter, Jr., City Manager William J. Pitstick, Jr., Assistant City Manager Fritz Lanham, City Secretary -Treasurer Lavenia Lowe. Absent: None. 63-22-378-1037 Invocation was given by Commissioner Alderson. 63-22-378-1038 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 Minutes of City Commission -Regular Meeting meld August 22, 1963. 63-22-378-1039 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. 4162 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4162 AN ORDINANCE AMENDING ORDINANCE NO. 4112 BY CHANGING THE CONDITIONS THERE SET OUT SO THAT IT SHALL HEREAFTER READ AS FOLLOWS: SUBJECT TO THE FOLLOWING CONDITION, 1. THAT A 25' SETBACK BE OBSERVED FROM ANY STREET. 63-22-378-1040 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. 4165 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4165 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: Traffic Signal Fund The sum $8,094.05 For the following purpose: A. Installation of a traffic signal at Idalou Road and Quirt Avenue. ($5,526.21) B. Modification of traffic signal at Broadway and Quirt Avenue. ($2,567.84) :63-22-378-1041 Motion by Commissioner Simpson, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4180 be passed on first reading. Commissioner Alderson was absent at the time this action was taken. ORDINANCE ORDINANCE NO. 4180 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1963; APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID TAXES BE PAID; AND ASSESSING PENALTY AND INTEREST FOR NON-PAYHENT OF SUCH TAXES WITHIN THE TIME PROVIDED. .63-22-378-1042 Motion by Commissioner McLarty, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4183 be passed as an emergency measure. Commissioner Alderson was absent at the time this action was taken. ORDINANCE ORDINANCE NO. 4183 AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMITS AT VARIOUS LOCATIONS FOR ALL VEHICLES ON THE FOLLOWING HIGHWAYS AND STREETS IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO -WIT: A 35 M.P.H. SPEED LIMIT ON BOTH SIDES OF NORTH COLLEGE AVENUE BEGINNING AT THE INTERSECTION OF CLOVIS ROAD (U.S. 84) AND EXTENDING NORTH FOR 0.200 MILES; A 45 M.P.H. SPEED LIMIT ON BOTH SIDES OF NORTH COLLEGE AVENUE BEGINNING 0.200 MILES NORTH FROM THE CLOVIS ROAD (U.S. 84) AND EXTENDING NORTH FOR 0.212 MILES; A 50 M.P.H. SPEED LIMIT ON THE EAST SIDE OF NORTH COLLEGE AVENUE BEGINNING 0.412 MILES NORTH FROM THE CLOVIS ROAD (U.S. 84) AND EXTENDING 14ORTH FOR 0.200 MMILES; A 55 M.P.H. SPEED LIMIT ON THE EAST SIDE OF NORTH COLLEGE AVENUE BEGINNING 0.612 MILES NORTH FROM THE CLOVIS 11CAD ('T.S. 84) AND EXTENDING NORTH FOR 0.741 MILES; A 50 M.P.H. SPEED LIMIT ON THE WEST SIDE OF NORTH COLLEGE AVENUE BEGINNING 0.412 MILES NORTH FROM THE CLOVIS ROAD (U.S. 84) AND EXTENDING NORTH FOR 0.941 MILES; A 60 M.P.H. SPEED LIMIT ON THE WEST SIDE OF NORTH COLLEGE AVENUE BEGINNING 1.353 MILES NORTH FROM THE CLOVIS ROAD (U.S. 84) AND EXTENDING NORTH FOR 1.231 MILES; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT STREET OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHEP. PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT. THOSE WITH WHICH IT SPECIFICIA.LLY CONWLIC1'S, PRfVIDING A SAVINGS CLAUSE; DECLARING AN EMERGENCY; AND PROVIDING FOR TILE ,.rFECTIVE DATE OF THIS ORDINANCE. 63-22-378-1043 Motion by Commissioner 11cLa-rty, seconded by Commissioner Simpson, motion carried, Mayor Strong and Camissiouers O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance 'To. 4194 b:� nissnd on first reading. Commissioner Alderson was absent at the time this action was taken. w 3Z SEP 12190 AN APPROPRIATION ORDINaNCE ORDI- APCE J10. 4184 TJLE7EAS, tiie 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 CO2,HISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water The sum $9860.00 For the following purpose: Construction of an 8 inch water line along Loop 289 from Ash Ave. to serve the Hancock Addition and Western Ways Motel. 63-22-379-1044 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that ordinance No. 4185 be passed on first reading. Commissioner Alderson was absent at the time this action was taken. AN APPROPRIATIOR ORDINANCE ORDINANCE NO. 4185 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 The sum $21,140.60 For the following purpose: Drilling and Developing Nine Water Wells in Sandhills Well Field- W.W.O. 11336 Contract Furnished by City 5% Engr. 15,997.50 4,136.40 1,006.70 $ 21,140.60 63-22-379-1045 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4186 be passed on first reading. Commissioner Alderson was absent at the time this action was taken. AN APPROPRIATION ORDINANCE ORDINANCE ion}. 4186 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 band fund, to -wit: Water The sum $14,247.00 For the following purpose: Construction of Chlorination House at Sandhills Reservoir-W.W.O. 11340 Contract 4 taps by City 5% Engr. 13, 283.00 300.00 664.00 $ 14,247.00 63-22-379-1046 Motion by Commissioner McLarty, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners 0"fa.ra, Simps.a, and 'ic arty wring Yea, none voting Nay, that the following Resolution be passed. Commissioner Alderson was absent at the time this action was taken. RESOLUTION Resolution accepting water and sewer system improvements for Lots 1 thru 22, Blocks 16 & 17, West Gate Drive Addition WHEREAS, the developers of Lots l thru 22, Blocks 16 & 17, West Gate Drive Addition have complied wi,c'.i the provisio!zs of the City of Lubbock Code, Chapter 34, Art?-cle 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $10,568.42 with the improvements constructed by Hemphill Contracting Company having a value of $8524.56 as determined by the unit prices established by said Chapter 34, and $2043.86 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City with G.E.M.S. Co., the developer, to receive a refund of $1208.77 in accordance with Chapter 34 of the Code of the City of Lubbock, and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral Dart of the 30 SEP 1 z 1963 water and sewage system of the City of Lubbock. 2. That refund of the refundable cost in the amount of $1208.77 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after itjs assage. PASSED AND APPROVED THIS 12TH DAY OF SEPTEMBER 1963. /`I Atteste I Lavenia Lowe, City Secretary Approved: John T. Hi.ckerson, City Engineer Jack F. Strong, Mayor Approved: Fred 0. Senter, Jr., City Attorney 63-22-380-1047 Motion by Commissioner McLarty, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. Commissioner Alderson was absent at the time this action was taken. RESOLUTION Resolution accepting water and sewer system improvements for Lots 1-8, Block 19 & 1-2, Block 20, Rushland Park Addition WHEREAS, the developers of Lots 1-8, Block 19 & 1-2, Block 20, Rushland Park Addition have complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $7212.13 with the improvements constructed by Hemphill Contracting Company having a value of $5377.30 as determined by unit prices established by said Chapter 34, and $834.83 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City with George Rufus Rush, the developer, to receive a refund of $3014.89 in accordance with Chapter 34 of the Code of the City of Lubbock and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CXTY COMMISSION OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That refund of the refundable cost in the amount of $3014.89 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TH DAY OF SEPTEMBER 1963. l Jack A. St ng, Mayor Attested: /lea Lavenia Lowe, City Secretary Approved: John T. Hickerson, City Engineer Approved: Fred 0. Senter, Jr., City Attorney 63-22-380-1048 Motion by Commissioner McLarty, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioner O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. Commissioner Alderson was absent at the time this action was taken. RESOLUTION Resolution accepting water and sewer system improvements for Lots 273 thru 309, Richland Hills Addition WHEREAS, the developers of Lots 273 thru 309, Richland Hills Addition have complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, By providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, The total utility cost to the developer is $8722.36 with the improvements constructed by Hemphill Contracting Company having a value of $8125.85 as determined by the unit prices established by said Chapter 34, and $596.51 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City with George Fields, the developer, to receive a refund of deposit in the amount of $27.53 and, WHEREAS. the construction of the said water and sewer improvements was performed under the 38 SEP 12 196, ..* City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are, hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That a refund of deposit be made in the amount of $27.53. 3. This resolution shall take effect and be in force f o and after its assage. PASSED AND APPROVED THIS 12TH DAY OF SEPTEMBER 1963. �pllwzzy 6 Jack F. Strong, Mayor Attested : 0 �lj/�y Lavenia Lowe, City Secretary Approved: John T. Hickerson, City Engineer Approved: Fred 0. Senter, Jr., City Attorney '63-22-381-1049 Motion by Commissioner McLarty, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. Commissioner Alderson was absent at the time this action was taken. RESOLUTION Resolution accepting water and sewer system improvements for Lots 265 thru 296, Beverly Heights Addition WHEREAS, the developers of Lots 265 thru 296, Beverly Heights Addition have complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for airF addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $8580.37 with the improvements constructed by Hemphill Contracting Company having a value of $7125.84 as determined by the unit prices established by said Chapter 34, and $1498.98 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City with South College Developers and Municipal Development Co., the developers, to receive a refund of $1535.97 in accordance with Chapter 34 of the Code of the City of Lubbock, and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That refund of the refundable cost in the amount of $1535.97 be wade in accordance with said Chapter 34. 3. This resolution shall take effect and be in force f m and after its p ssage. PASSED AND APPROVED THIS 12TH DAY OF SEPTEMBER 1963. Attested: Jack F. Strong, or � Lavenia Ldwe, City Sec etary Approved: John T. Hickerson, City Engineer Approved: Fred 0. Senter, Jr., City Attorney 63-22-381-1050 Motion by Commissioner McLarty, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. Commissioner Alderson was absent at the time this action was taken. RESOLUTION Resolution accepting water and sewer system improvements for Lots 1222 thru 1294, Caprock Addition WHEREAS, the developers of Lots 1222 thru 1294, Caprock Addition have complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $21,917.89 with the improvements constructed by Hemphill Contracting Company having a value of $11,548.13 as determined by the unit prices established by said Chapter 34, and $10,369.98 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the Citv with H & H Corn_ and Jim T.P.P (:nrn - 3t32 3£P 12 1963 the developers, to receive a refund of deposit in the amount of $129.22 and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That a refund of deposit be trade in the amount of $129.22. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TH DAY OF SEPTEMBER 1963. Jack P. Strong, Mayor Attested: 6 Lavenia Lowe,City Secretary Approved: John T. Hickerson, City Engineer Approved: Fred 0. Senter, Jr., City Attorney 63-22-382-1051 Motion by Commissioner McLarty, seconded by C- nissioner Simpson, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. Commissioner Alderson was absent at the time this action was taken. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OP. AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Green Lawn Addition, made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Green Lawn including the following streets: The East 'k of Bangor Avenue from its intersection with a line 15 feet South of the South Property Line of 33rd Street (East Leg) to its intersection with the North edge of strip paving in 34th Street, `- known and designated as New Subdivision Unit Number 431. Chicago Avenue from its intersection with a line 3 feet South of the South Property Line of the alley South of 32nd Street to its intersection with a line 3 feet South of the South Property Line of the alley South of 33rd Street, known and designated as New Subdivision Unit Number 1316. 33rd Street from its intersection with a line 16 feet East of the East Property Line of Chicago Avenue to its intersection with the center line of Bangor Avenue, known and designated as New Subdivision Unit Number 1317. Belmont Avenue from its intersection with a line 3 feet South of the South Property Line of the alley South of 32nd Street to its intersection with a line 15 feet North of the North Property Line of 33rd Street, known and designated as New Subdivision Unit Number 1318. The W ' of Bangor Avenue from its intersection with a line 19.65 feet South of the South Property Line of 33rd Street (West Leg) to its intersection with a line 2.03 feet South of the South Property Line of the alley South of 33rd Street, known and designated as New Subdivision Unit Number 1319. Chicago Avenue from its intersection with a line 3 feet South of the South Property Line of the alley South of 33rd Street to its intersection with the North edge of strip paving in 34th Street, known and designated as New Subdivision Unit Number 1320. The West 'k of Bangor Avenue from its intersection with a line 2.03 feet South of the South Property Line of the alley South of 33rd Street to its intersection with the North edge of strip paving in �. 34th Street, known and designated as New Subdivision Unit Number 1321. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer,and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TH DAY OF SEPTEMBER, 1963. 38 SEP12198 Jack F. Strong, Mayor ATTEST: if Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney CITY OF LUBBOCK September 12, 1963 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Kerr Construction Company, paving contractor, under their contract with the subdividers of Green Lawn Addition and find the improvement. on Bangor Avenue, Belmont Avenue, Chicago Avenue and 33rd Street as listed on the final estimate sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authorizing payment to the contractor the amount shok on the attached consolidated final estimate sheet as due them by the City of Lubbock. Yours very truly, John T. Hickerson City Engineer CONSOLIDATED FINAL ESTIMATE GREENLAWN ADDITION LOTS 239-275 Accepted September 12, 1963 QUANTITIES Unit & r r .,� S.Y. L.F. S.Y. S.Y. Valley S.Y. _Sub -Unit_ Location _ Paving C &G Alley Ret. Gutter Re-surfac NS 431. The E '� of Bangor Ave. from 15' S. of 662.53 the SPL of 33rd St. to the N. edge of strip of paving in 34th St. NS 1316 Chicago Avenue from 3' S. of the SPL of 1445.11 605.08 12.22 91.04 the alley S. of 32nd St. to 3' S. of the SPL of the alley S. of 33rd St. NS 1317 33rd St. from 16' E. of the EPL of Chicago 4507.41 2391.38 119.64 Ave. to the b of Bangor Ave. NS 1318 Belmont Ave. from 3' S. of the SPL of the 344.89 194.00 alley S. of 32nd St. to 15' N. of the NPL of 33rd St. NS 1319 The W k of Bangor Ave. from 19.65' S. 226.35 137.69 13.81 of the SPL of 33rd St. to 2,03' S. of the SPL of the alley S. of 33rd St. NS 1320 Chicago Ave. from 3' S. of the SPL of 795.59 256.10 the alley S. of 33rd St. to the N. edge of strip paving in 34th St. NS 1321 W � of Bangor Ave. from 2.03' S. of 520.18 184.00 the SPL of the alley S. of 33rd St. to the N. edge of strip paving in 34th St. TOTALS 8502.06 3768.25 26.03 91.04 119.64 COST ESTIMATE 8502.06 S.Y. Paving @ $1.45 $ 12,327.99 3768.25 L.F. Curb & Gutter @ $1.40 5,275.55 26.03 S.Y. Alley Return @ $4.50 117.14 91.04 S.Y. Valley Gutter @ $4.50 409.68 119.64 S.Y. Resurfacing @ $1.00 119.64 CONTRACT COST $ 18,250.00 COST DISTRIBUTION Unit & Contract Green Lawn City to Escrow to be Church Sub -Unit Cost Cost Contractor Released :lost NS 431 960.67 960.67 NS1316 3,407.19 2,376.54 305.96 724.69 NS1317 10,003.32 9,883.68 119.64 NS1318 771.69 771.69 NS1319 583.12 583.12 NS1320 1,512.15 694.18 123.79 694.18 NS1321 1,011.86 1011.86 TOTALS $18,250.00 15,321.07 549.39� 960.67 .63-22-383-1052 Motion by Commissioner Simpson, seconded by Commissioner McLarty, motion carried, Mayor Strong and Coummissione aasolJur%br33zneA o Wn4n�d of c> r oet� ng Yea, none voting Nay, that the following Resolution be passed./ ommissioner Alderson wasabsentat the time this action was taken. RESOLUTION WHEREAS, the City Commission of the City of Lubbock finds that the best interest of the City of Lubbock will be served by a Sewage line extending across the Fort Worth and Denver Railroad fight of way, 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 herebv authorized to enter into an 4 5EF 12 1963 execute a license to the City of Lubbock and the City of Lubbock shall agree thereto, for the purpose of constructing and maintaining a six (6) inch pipe line for conveying sewage; said pipe line right of way to cross the said Railroad's right of way and trackage in an East-West direction between 31th and 31st Streets in Lubbock, Texas, under the terms and conditions set out in the license. SECTION 2. THAT the City Secretary shall attest the signature of the Mayor to the license and shall affix the Seal of the City of Lubbock thereto. Passed by the Clay Commission this 12th day of September, 196 4— JACK F. sTRONG, Mayor ATTEST: A�&1.14111 6?Zf Lavenia Lowe, City Secratary-Treasurer CONTRACT FOR PIPE LINE ACROSS OP. ALONG RIGHT OF WAY THIS AGREEMENT, Made and entered into as of June 13, 1963, between FORT WORTH AND DENVER RAILWAY COMPANY, hereinafter called the "Railway", and City of Lubbock of Lubbock State of Texas, hereinafter called the "Licensee." WITNESSETH: Article 1: In consideration of One ($1.00) Dollar to be paid by Licensee to Railway immediately upon the execution of this agreement, and upon the terms and conditions hereinafter set forth, Railway hereby grants unto Licensee license to enter upon the premises of Railway at or near Lubbock, Lubbock County, Texas -crossing Railway's right of way and trackage in an east -west direction between 31t� and 31st St. and construct and thereafter maintain across or along said premises at the sole expense of Licensee, a Six (6) inch pipe line to be used for conveying Sewage only, the location of said pipe line being shown in red on the Railway's print No. S.P. 2 -5 hereto attached, and made a part hereof. Article 2: The top of ._aid pipe line shall be placed at a depth of not less than five (5) feet six (6) inches below the base of the rails of the track or tracks of Railway where it passes under the same and not less than three (3) feet below the surface of the ground at any point on Railway's property. If the said pipe -line shall be of a diameter four inches or larger the portion of same directly under the said track or tracks, and under the roadbed thereof, shall be of cast :Cron or other material of approved strength. Article 3: The said pipe line shall be constructed and maintained in such manner and at such time or times and of such materials as shall meet with the approval of the Superintendent of Railway, and as shall not hinder, delay or endanger the operation of engines, trains, cars or business of Railway over its track or tracks now laid or hereafter laid on said premises, or in any manner interfere with the present or future use of the said premises. The Licensee shall not enter upon said premises for the purpose of constructing, maintaining or removing said pipe line except upon forty-eight hours' notice to Superintendent of Railway, and then a designated representative of Railway may oversee or inspect all of said work as it progresses, at the expense of Licensee, and performance of such work shall be subject to his approval. If deemed necessary by Railway so to do, Licensee shall, at the expense of Licensee, support the said track or tracks, as directed by Railway, while the work of constructing, maintaining or removing said pipe line is being done. In the event the pipe line shall be used to carry any liquid or other substance under pressure, and shall be located under any track or within twenty-five (25) feet of any track, bridge or structure of the Railway, the pipe line shall be constructed and maintained strictly in accordance with Railway's Plan No. 105999-D, copy of which shall be attached to, and thereby become a part of, this agreement. In case Railway shall, after said pipe line has been constructed, build upon its premises any additional track or tracks, or structures, or make any changes in existing tracks or structures over said pipe line, the Licensee shall, at once, at its own expense, make such changes in its said pipe line as may be necessary to make the same conform in its relation to said new tracks or structures, or changes in existing tracks or structures, in all respects to the conditions herein required for said present tracks or structures, or as may be required by the Railway. Article 4: In the event any cathodic electrolysis or other electrical grounding system is installed in connection with said pipe line which in the opinion of Railway in any way interferes with any train signals, telephone or telegraph lines, or other facilities of Railway, the Licensee immediately shall discontinue operation of and remove said grounding system, or take such steps as may be necessary to avoid all such interference. Licensee further agrees to indemnify and save harmless Railway from and against any damages, claims, losses, suits or expenses in any manner arising from or growing out of interference with the signals, telephone or telegraph lines of Railway by the operation, use or existence of any such grounding system. Article 5: The Licensee further covvnnants and agrees at all times during the existence of said pipe line upon the premises of Railway to keep and maintain the soil over the same thoroughly compacted, and the grade even with the adjacent surface of the ground, and that Licensee will at all times release, protect, indemnify and save harmless Railway from all claims, demands, judgments, loss, costs and expenses, for injury to or death of any person, or loss or damage to the property of any person or persons whomsoever (including both parties hereto and their employees), in any manner arising from or growing out of in whole or in part, the construction, reconstruction, maintenance, operation, repair, change, existence, use or removal of said pipe line or the subsidence of soil over the same whether caused by the negligence of the Railway, its servants or employees, or otherwise. Article 6: If Licensee shall well and faithfully comply with all the terms, covenants, and conditions herein set forth. on the part of Licensee Lo be observed and complied with, the license herein granted by Railway shall continue in force to the full expiration of the period of one (1) year from the date hereof, and thereafter until terminated, upon not less than sixty (60) days' written notice by either party hereto to the other; but if Licensee shall fail to perform any of the covenants hnrnin rnnrain.ra Railway shall haves the right to tarminata this lirPnsp Forthwith and withont notirp. 38Z SEP 12 1953 r— Any notice herein provided for shall be sufficiently given and delivered if mailed in an envelope properly stamped and addressed to Licensee. Upon the termination of this license in any of the modes herein provided for, Licensee shall, at its own expense, upon being notified so to do by Railway, remove said pipe line from said premises, and restore the ground to a safe and level condition, and in case of its failure so to do, the Railway may at its option, either remove the said pipe line from said premises at the sole expense of Licensee, or disconnect the same at points where it enters and leaves the said premises. Article 7: The Licensee shall not transfer or assign this license without the written consent of Railway. The said licensee shall be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first herein wsitt n . ATTEST: Secretary. ATTEST: APPROVED AS TO FORM: /s/ J. I. Street General Attorney. FORT WORTH AND DENVER RAILWAY COMPA By. Its Vice President Recommended: /s/ E. A. Graham _Is/ J. W. Terrill _ Asst. Chief Engineer Asst. Vice President and General Mai Superintendent ;63-22-385-1053 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. Commissioner Alderson was absent at the time this action was taken. RESOLUTION WHEREAS, the City Commission of the City of Lubbock finds that a certain underground electric line easement located in Section 3, Block E-2 in the City of Lubbock should be moved from its present location so that the best interest of the City of Lubbock and the land owner will be served. 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 John H. Mosser, covering the following described land. A parcel of land out of Section 3, Block E-2, Lubbock County, Texas, more fully described by metes and bounds as follows: BEGINNING at a point in the North line of Lot 15, Block 16, of the Eighth Installment to the West Gate Drive Addition to the City of Lubbock, Lubbock County, Texas, said point being South 790 24' 35" East 19.86 feet from the Northwest corner of said Lot 15; THENCE South a distance of 141.50 feet to a point in the South line of said lot 15, said point being 36.87 feet East of the Southwest corner of said Lot 15; THENCE West along the South line of Lot 15 a distance of 2.0 feet to a point; THENCE North a distance of 141.87 feet to a point in the North line of said Lot 15; THENCE South 790 24' 35" East along the North line of said Lot 15 a distance of 2.03 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 thereto. Passed by the City Commission this 12th day of September, 9 •-�� �_ ATTEST: SACK F. STRONG, Mayor e l//!/ A(f Lavenia Lowe, City Secretary -Treasurer QUIT CLAIM DEED 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 and State of Texas, for and in consideration of the sum of ONE AND NO/100 DOLLARS, ($1.00) to it in hand paid by John H. Mosser 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 H. Mosser, 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: A parcel of land out of Section 3, Block E-2, Lubbock County, Texas, more fully described 386 SEP 121963 by metes and bounds as follows:� BEGINNING at a point in the North line of Lot 15, Block 16, of the Eighth Installment to the West Gate Drive Addition to the City of Lubbock, Lubbock County, Texas,said point being South 790 24' 35" East 19.86 feet from the Northwest corner of said Lot 15; THENCE South a distance of 141.50 feet to a point in the South line of said lot 15, said point being 36.87 feet East of the Southwest corner of said Lot 15; THENCE West along the South line of Lot 15 a distance of 2.0-feet to a point; THENCE North a distance of 141.87 feet to a point in the North line of said Lot 15; THENCE South 790 24' 35" East along the North line of said Lot 15 a distance of 2.03 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 John H. Mosser his heirs and assigns, forever, so that neither it, the said City of Lubbock, 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 MY hand at Lubbock, Witnesses at eAt of G yr: _ Texas this 12th day of September A.D. 1963 Lavenia Lowe, City Secretary -Treasurer JACK F.!STRONG, Mayor City of Lubbock 63-22-386-1054 Motion by -Commissioner O'Mara, seconded by Commissioner McLaAy+_�ition carried., Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. Commissioner Alderson was absent at the time this action was taken. RESOLUTION WHEREAS, the City of Lubbock and the State of Texas, by and through the State Highway Commission, have entered into a contract as empowered and authorized by Art. 6673-b, Vernon's Annotated Civil Statutes, providing for the location, construction and maintenance of that part of the State Highway system, which has heretofore been designated as Loop 289 by the State Highway Commission; and, WHEREAS, under the terms of the contract the procurement and acquisition of the necessary land needed for road right of way purposes is the obligation of the City of Lubbock; and, WHEREAS, the State Highway Commission has deemed it necessary in order to make certain highway improvements in connection with said "loop 289" situated in and adjacent to the City of Lubbock and to the end that this purpose be accomplished, the necessity of which is hereby confirmed by the City Commission of the City of Lubbock, it is necessary that fee simple title to the land hereinafter described be acquired by the City of Lubbock in fulfillment and satisfaction of its contractual obligations to the State of Texas; and, WHEREAS, Estate of Luella McCoy: V. 0. McCoy, V. E. McCoy, Milas B. McCoy, M. G. McCoy, Winnell Arnett, Wilma Webster (She is Wilma Webster Young), and Maxine Stramler, also W. B. Williams own or have some character interest in land needed for the location, construction and maintenance of said Loop 289, and the value and total damages to the owners for the fee simple title to said land have been appraised in the amount of $3,406.00 and the Commission finds said amount to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the fee simple title to the following described land situated in Lubbock County, Texas, be acquired by the City of Lubbock for and on behalf of the State of Texas for the purpose of opening, constructing and maintaining in conjunction with the State Highway Commission, said "Loop 289" as a designated part of the State Highway System, which land is more particularly described as follows: 6.812 acres of land, same being out of and a part of the East one half of the Northeast one quarter of Section 11, Block E-2 Lubbock County, Texas, which East one half was conveyed to Mrs. Luella McCoy by deed dated 28 December 1926 of record in Volume 115, Page 382, Deed Records of Lubbock County, Texas, which 6.812 acres of land is more particularly described by metes and bounds as follows: BEGINNING at the point of intersection of the West boundary line of the said East one half of the Northeast one quarter and the South right of way line of Loop 289, said point being 1958.4 feet South and 1325.1 feet West of the Northeast corner of said Section 11; THENCE South 00 03' East 495.0 feet along said West boundary line to a point; THENCE North 890 57' East 600.0 feet to a point; THENCE North 00 03' West 487.5 feet to a point in said South right of way line; THENCE North 840 20' West 75.3 feet along said South right of way line; THENCE South 890 57' West 525.1 feet along said South right of way line to the PLACE OF BEGINNING. THAT the owners of said land be offered, through the Right of flay Department, the amount appraised as the value and total damages for the fee simple title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock and State of Texas, and unless accepted forthwith the City Attorney is hereby authorized and instructed to institute condemnation proceedings to acquire the fee simple title to said land as hereinabove described for highway purposes. Approved and passed by unanimous vote of the Commission this 1 day of September, 1963. *1 ­ _ � AK STON ATTEST: dhzzml W SEP1z196 63-22-387-1055 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolutio be passed. Commissioner Alderson was absent at the time this action was taken. RESOLUTION WHEREAS, the City of Lubbock and the State of Texas, by and through the State Highway Commission, have entered into a contract as empowered and authorized by Art. 6673-b, Vernon's Annotated Civil Statutes, providing for the location, construction and maintenance of that part of the State Highway system, which has heretofore been designated as Loop 289 by the State Highway Commission; and, WHEREAS, under the terms of the contract the procurement and acquisition of the necessary land needed for road right of way purposes is the obligation of the City of Lubbock; and, WHEREAS, the State Highway Commission has deemed it necessary in order to make certain highway improvements in connection with said "Loop 289" situated in and adjacent to the City of Lubbock and to the end that this purpose be accomplished, the necessity of which is hereby confirmed by the City Commission of the City of Lubbock, it is necessary that fee simple title to the land hereinafter described be acquired by the City of Lubbock in fulfillment and satisfaction of its contractual obligations to the State of Texas; and, WHEREAS, E. Hayes Sieber and 0. D. Lindsley and Citizens National Bank own or have some character interest in land needed for the location, construction and maintenance of said hoop 289, and the value and total damages to the owners for the fee simple title to said land have been appraised in the amount of $2,841.00 and the Commission finds said amount to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the fee simple title to the following described land situated in Lubbock County, Texas, be acquired by the City of Lubbock for and on behalf of the State of Texas for the purpose of openinj constructing and maintaining in conjunction with the State Highway Commission, said "Loop 289" as a designated part of the State Highway System, which land is more particularly described -as folio; 5.682 acres of land, same being out of and a part of the South one half of the Northwest one quarter of Section 12, Block E-2, Lubbock, Texas, which South one half of Northwest one quarter was conveyed to E. Hayes Sieber by deed dated January 1, 1946 of record in Volume 318, Page 484 Deed Records of Lubbock County, Texas, which 5.682 acres is more particularly described by metes and bounds as follows: BEGINNING at a point in the South right of way line of Loop 289, said point being opposite Engineers Station 326+95.4, said point being also 1958 feet South and 1800 feet East of the Northwest corner of said Section 12; THENCE North 890 57' East 500.0 feet along said South right of way line of Loop 289 to a point; THENCE South 00 03' East 495.0 feet to a point; THENCE South 890 57' West 500.0 feet along a line parallel to and 495.0 feet Southerly from the said South right of way line to a point; THENCE North 00 03' U ast 495.0 feet to the PLACE OF BEGIN'XING. THAT the owners of said land be offered, through the Right of Way Department, the amount appraised as the value and total damages for the fee simple title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock and State of Texas, and unless accepted fx„t;i-ax,1 the City Attorney is hereby authorized and instructed to ill}­i--l'..;; co.:l:e'riation proceedings to acquire the fee simple title to said land as hereinabove described for highway purposes. Approved and passed by unanimous vote of the Commission t 's 12th day of Sep We 63.„ JACK F. STRONG, Mayor ATTEST: Lavenia Lowe, City secretary-Treasurer -22-387--1056 lotion by Commissioner O'Mara, seconded by Commissioner Mc,:rty, motioa carried, �Lgyor utrcng and Commissioners O'Mara,Simnson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. Commissioner Alderson was absent at the time this action was taken. .RESOLUTION the State Highway Commission by minute Order No. 53016 dated ,lure 23, 1963, designatod Farm -to -Market road No. from Intersection FM Road 1729 & 2528 South to Loop 289 in Lubbock and authorized construction thereon; and WHEREAS, it is proposed for this designated and construction to extend from the North City Limits of Lubbock to Loop 28" along Frankfort Avenue, within the City of Lubbock; and WHEREAS, designation and construction of the Farm -to -Market Road as described above is considered to be a worthy and desirable improvement. NOW, THEREFORE, BE IT RESOLVED BY THE C17Y COUNCIL OF THE CITY OF Lubbock that this tender of a Farm -to -Market Road Designation by the State Highway Commission and the responsibility for the furnishing all required right-of-way clear of obstructions within its corporate limits be and are hereby accepted; that the State Highway Department be and is hereby authorized to proceed with the constructioa and subsegiie-.-i:: mai_ntc.,aace of the abov_­ project within the corporate limits of said City; and that the Mayor, or proper City Official, of the City be and is hereby authorized to execute for and in behalf of the City, a standard maintenance agreement with the State Highway Department to establish the respective maintenance responsibilities of each party. N8 SEP 12 196$ ADOPTED: PPROVED : ATTEST: _ �ghzxxlllle ,A-141Mayor City Secretary Clerk 63-22-388-1057 Bids as follows were received for the purchase of miscellaneous electric items, being Bid No. 7549. Bid Tabulation set in Bid Book. After consideration of all bids received 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, to authorize acceptance of the bids as follows: Accept the bid of Blair Adams Electric Company for the purchase of items 4 & 5. Accept the bid of Southwestern Electric Supply Company for the purchase of items 1,2, & 3. 53-22-388-1058 Bids as follows were received for the purchase of miscellaneous water items, being Bid No. 7554. 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 bids as follows: Accept the bid of M. B. McKee Company for the purchase of item 3. Accept the bid of Western Industrial Supply Company for the purchase of items 1 & 2. 53-22-388-1059 Bids as follows were received for the purchase of one to fifty cars of rock asphalt to be ordered as needed, being Bid No. 7568. 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 bid of Uvalde Rock Asphalt Company, San Antonio, Texas, for the purchase of this rock asphalt. 53-22-388-1060 Bids as follows were received for the purchase of distribution transformers for a period of one year, being Bid No. 7528. Bid Tabulation set in Bid Book. After consideration of all bids received 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 authorize acceptance of the bids as follows: Material to be delivered as required by the City of Lubbock. The award being made on the basis of the evaluated bid considered by the City Commission to be to the best advantage of the City of Lubbock. The suppliers being listed in number one, two, three and four order, on the basis of the evaluated bids. The purchase to be made from the Number one (1) supplier at the time the purchase is made, provided said supplier has the material in stock. If he does not, the purchase is to be made from Number two (2) Supplier, or number 3 or 4 in numerical order. 63-22 -388-1061 Lubbock, Texas 8-22-63 City Commission City of Lubbock Attention: Mr. Ben Weeks Building Inspector Dear Sirs: I am hereby requesting to appear before the City Commission to ask for a waiver of the sidewalk requirement at my residence at 1118-E Quinn St. Lot 4, Block 6, Skyview Addition. Yours truly, A. J. Paul, Sr. The City Commission considered the request of Mr. A. J. Paul, Sr. for waiver of the sidewalk requirements at 1118 East Quinn Street, being Lot 4, Block 6, Skyview Addition. 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 GRANT this request for waiver of the sidewalk requirements. 53-22-388-1062 Lubbock, Texas July 30, 1963 Mr. Ben Weeks: Am building a house at 521 east Erskine and after having the lot surveyed have found that by putting in a side walk in front of the house it will cause my neighbor an inconvinence of driving over my walk to get into his parking at his home. This is a dead end street and would like to waive the sidewalk because of my neighbor and looks as of no one would benefit by having the walk. r�- Yours truly, Harry L. Yeisley 521 E. Erskine Mr. Harry L. Yeisley appeared before the City Commission requesting waiver of the sidewalk requirements 38 S€P 12 1, O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to GRANT this request for waiver of the sidewalk requirements. ..63-22-389-1063 UNITED RENT-ALLS August 19, 1963 The Honorable City Commissioners City of Lubbock Attn: Mr. Ben Weeks Lubbock, Texas. Building Inspectors Office Gentlemen: We recently purchased the following described property: -"Lots 7, 8 & 9, Block 1 A, Scales Addition to the City of Lubbock." Said property is bound on the North by 38th. Street, on the South by 39th St., on the East by Ave'. G. and on the West by Ave. H, and is zoned C-4. Considering the location of the.{bO_73 Co-. :rty and the immediate use we have for it, it is felt that sidewalks are not needed, and the purpose of this letter is to respectfully request a sidewalk waiver be granted on all four sides of this property. Thanking you for your consideration. Yours truly United Rent - Alls H. H. Hughston Mr. H. H. Hughston appeared before the City Commission requesting waiver of the sidewalk requirements at 39th Street and Avenue H, being Lots 7, 8, & 9, Block 1-A, Scales Addition. After consideration of this request 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 GRANT this request for waiver of the sidewalk requirements at this time. 63-22-389-1064 To City Commission Attention: Mr. Ben Weeks Requesting to appear before Commissioners to ask for sidewalk waiver at Property 902 E. Purdue, Lubbock, Texas. Rs. L. Hutchings 902 E. Purdue Lubbock, Texas P03-5870 .Mr. R. L. Hutchings appeared before the City Commission requesting waiver of the sidewalk requirement: at 902-East Purdue. After consideration of this request motion was made by Commissioner Simpson, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to GRANT this request for waiver of the sidewalk requirements. Commissioner Alderson was absent at the time this action was taken. 63-22-389-1065 Mr. L. T. Foster appeared before the City C —r ission requesting waiver of the sidewalk requirements at 4912 21st Street. After consideration of this request motion was made by Commissioner Simpson, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to GRANT this request for waiver of the sidewalk requirement: Commissioner Alderson was absent at the time this action was taken. �63-22-389-1066 The City Commission considered the request of Mr. Ludwig Teinert for waiver of the sidewalk require- ments at 3212 Oberlin, being Lot 6, Blackstone Addition. 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 GRANT this request for waiver of the sidewalk requirements. JOE'S TRUCK LOT 113-21-381-1011 September 5, 1963 City Commission City of Lubbock Gentlemen: I would like to appear on September 12th meeting for the purpose of requesting waiver of the sidewalk requirements at 707 Erskine road on lot 7, of the George Addition the plat has not been finaled on this property but a plat agreement has been signed for the purpose of obtaining -a building permit. This property is in an M-2 Zone Very truly yours € Joe Stewart } I can be contacted 709 Avenue H Phone P03-0441 The City Commission considered the request of Mr. Joe Stewart for waiver of the sidewalk requirements at 707 Erskine Avenue being Lot 7, George Addition. 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 GRANT this request for waiver of the sidewalk requirements. �63-22-389-1068 September 10, 1963 To Mayor & City Commission I would appreciate a sidewalk waiver in front of Lot 1 Brecheen Addition. I recently platted this property and am planning a building for a Second Hand Store on 50th Street. There are no sidewalks at this location and it would be of great benefit to me in Rettiniz NX) EP 121963 Very truly yours, Joe Brecheen The City Commission considered the request of Mr. Joe Brecheen for waiver of the sidewalk requirements at 1101 East 50th Street. 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 GRANT this request for waiver of the sidewalk requirements. 53-22-390-1069 The City Commission considered the request of the Caprock Lions Club for a parade to be held September 15th at 3:00 p.m. 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 permission to hold a parade. Said parade to form on Avenue P, proceeding on Avenue P to 4th Street, on 4th Street West to Avenue Q, South on Avenue Q to Broadway, and East on Broadway to Avenue A. 53-22-390-1070 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 authorize final payment to Hemphill Contracting Company in the amount of $4,490.66 for construction of 66th Street Water Line (20 inch), WWO 11339. Total cost being $44,906.56. Commissioner Alderson was absent at the time this action was taken. CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS COUNTY OF LUBBOCK Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared C. W. Hemphill, who being by me duly sworn, upon oath says: I, C. W. Hemphill, Partner of Hemphill Contracting Company do represent to the City of Lubbock and solemnly swear that I executed a Contract with the City of Lubbock, said Contract being dated June 27, 1963, for $44,490.78 under Water Work Order No. 11339, and that the work and contract has been completed according to the plans and specifications pertaining to the project and that all labor, material, supplies and other cost including equipment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the Contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State and Municipal laws were substantially complied with by me in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this 10 day of September 1963. Hemphill Contracting Con an Attest: /s/ Freddie J. Ivy /s/ C. W. Hemphill Freddie J. Ivy C. W.___Hemphill, _ Subscribed and sworn to before me this the 10 day of September 1963. Certificate of Completion Honorable Mayor and City Commission City of Lubbock, Texas Gentlemen: /s/ Daphne Winnie Iv Notary Public in and for Lubbock County, Texas On September 10, 1963, I inspected the 20" Distribution Main constructed by Hemphill Contracting Company under contract dated June 27, 1963 and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the contractor. Very truly yours, John T. Hickerson Director of Public Works 63-22-390-1071 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 authorize final payment to J. T. Brodie Construction Company in the amount of $6,759.86 for construction of Quaker Avenue Water Lines (12" & 24"), WWO 11331. Total cost being $66,968.61. Commissioner Alderson was absent at the time this action was taken. CONTRACTOR'S COMPLETION AFFIDAVIT J. T. Brodie & Co., Inc. located at Amarillo,Texas, having entered into a contract with City of Lubbock, Texas, dated April 25, 1963 to construct (remove) the following: Quaker Ave. Supply & Distribution Mains, W. 4th St. to W. 18th St. 11.11.0. 1.1331, does hereby certify that said contract has been fully and finally completed; that all labor has been fully and entirely paid; that all Federal and State Unemployment and Old Age Benefit Taxes have been paid, or will be paid when due; that all valid State Sales and Use Taxes properly levied on materials and equipment furnished by contractor have been paid; that all Federal or State Income Taxes required by law to be withheld from employees or others have been withheld and remitted to the proper taxing authority, or will be remitted when due; that all premiums for insurance requirements, all claims for damages of any nature arising from the fulfillment of said contract, all materials, supplies, etc., all labor and bills for materials, supplies, etc., of any and all subcontractors, have all been paid; that payment has been made of all claims for damages growing out of its performance of the work hereunder which shall occur off the right-of-way to which contractor's operations are confined by the terms of said contract; and that any other items payable by the contractor under said contract have all been paid. 11 1i El ti� 39 SEP 12 19� Contractor agrees to indemnify, save and hold harmless City of Lubbock, Texas, from any claims, i damages or expenses arising from contractor's failure to perform or fulfill any of the acts or obligations referred to above. STATE OF Texas COUNTY OF Potter J. T. Brodie & Co. Inc CONTRACTOR BY /s/ Chas. E. Fry Chas. E. Fry, an individual, makes oath and says that he is representing J. T. Brodie & Co., Inc. with headquarters at Amarillo, Texas and that he examined the foregoing statement and that it is a true and correct statement of facts in respect to each and every matter set forth therein. Subscribed and sworn to before me this 23rd day of August, 1963 Potter COUNTY Certificate of Com letion Honorable Mayor and City Commission City of Lubbock, Texas Gentlemen: Texas STATE Ls/ Bill J. Bard On September 10, 1963, I inspected the Quaker Avenue Supply & Distribution Mains constructed by J. T. Brodie Construction Company under contract dated April 25, 1963 and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the contractor, Very truly yours, John T. Hidcerson Director of Public 'forks 63-22-391-1072 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 authorize final payment to Panhandle Construction Company in the amount of $8,067.46 for construction of Quirt Avenue Water Line (30 inch), WWO 11330. Total cost being $79,414.59. Commissioner Alderson was absent at the time this action was taken. CONTRACTOR'S AFFIDAVIT STATE OF TEXAS COU14TY OF LUBBOCK BEFORE ME, a notary Public in and for Lubbock County, Texas on this day personally appeared Homer D. Grant, who being by me duly sworn, upon oath says: I, Homer D. Grant, President, Panhandle Construction Company do represent to the City of Lubbock that we Panhandle Construction Company executed a contract with the City of Lubbock, said contract being dated the llth day of April 1963, 30" Distribution Main, on Quirt Avenue under Project W.W.O. #11330, and that the work and contract has been completed accordin- to plans and specification; pertaining to the project and that all labor, material, supplies, and other cost including equipment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or moneys, bonds or warrants due the Contractor have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County, We further represent and affirm that all Federal, State, and Municipal Laws were substantially complied with by us in doing and carrying out the job and project herein referred to and that we paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to us of the full and final moneys due us under this contract. Witness my hand this 6th day of August 1963 Panhandle Construction Company By /s/ Homer D. Grant "- Hamer D. Grant, President Subscribed and sworn to before me on this the 6th day of August 1963 /s/ Lorena Ashcraft Notary Public in and foAubboCK County Texas, Lorena Ashcraft Certificate of Completion Honorable Mayor and City Commission City of Lubbock, Te:cas Gentlemen: On September 10, 1963, I inspected the 30" Quirt Avenue Distribution Main constructed by Panhandle Construction Company under contract dated April 11, 1963 and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the con tractor. -;"-,ry truly yours, John T. Hickerson Director of Public Works '63-22-391-1073 Motion by Commissioner Simpson, seconded by Commissioner McLarty, motion carried, Mayor Strong and —; Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4187 392 SEP 121353 AN APPROPRL4TION ORDINANCE ORDINANCE NO. IIi-IL'RELS, th-2 '.ity Lcrmaission 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 $31,500.00 For the following purpose: Thirty-one thousand dollars to acquire a parcel of land 45 feet in width off the east side of Lot 18, Block 4, and Collcgc� View Addition fro-1 .L-s . I to :. Davis et al 4t the :.oz -h.aes t roe _1-r of the intersection of 34th and College Avenue. Five hundred dol'-ars to cover legal and filing =ees. Charge to GWO 10216. i3-22-392-1074 NOTICE OF ZONING HEARING NOTICE is hereby given to owners of the property hereiaafter dt-sc-'bee to and to a,! oL:cr p4l:sons as ,novidea l:y ?- ..a, that. t'1 C��J Corms-;so__o_z dill hold a public hearing on the 12th day of September, 1963, at 10:30 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 CcmmiS io:l that the Zoning di:tri t Of i �� x_ .:I , a-1''. Lt 7111 J1 rt' ."-Z.interested persons will be given an opportunity to be heard, after which hearing, the City Commission will eet`:niine -ihethcr the Zoiaing �rd=anc._ and Tia-. :iil.l. b:: ,_,t_ :ded in accordance with such recommendation. ZONE CASE NO. 1123-Request of Robert Howard (for Daniel Construction Corp.) to change two tracts of land out of Section 17, Block B, Lubbock County, Texas, from an "R-1" to zoning -!is`i'iCtS ':d:--anel. i �-it prop c-: }� `tr Lh—ar de '�C=' bad by metes and bounds to -wit: TRACT 1 ("R-l" to "C-3 " Zoning District) BZG:.NNING at the Northeast corner of a tract )f land conveyed to the City of Lubbock in 1956 by Deed recorded in Vol. 638, Page 3, of the Deed Records of Lubbock County, Texas; THENCE i`;. 660 06' H. a distan{:c of 6S 1 feet to a point for corner; THENCE West a distance of about 71 feet to a point in the East Right-of-way line of York Avenue; THE -MC North along th:: Za,t. light -of -way line of York Avenue a distance of 80 feat; T''rNCE East a distazca of about 627 feet; THENCE South 100 36' East a distance of 362 feet to the PLACE OF BEGINNING. TRACT 2 ("R-l" to "R-3" Zoning District) BF.GI'NING at a point which bears if. 100 36' .I. a distance of 362 feet from the Northeast corner of a t:•act of land conveyed to the City of Lubbock in 1956, by Deed recorded in Volume 638, Page 3 of the Deed Records of Lubb-)ch ur.t;l, Tc:-a5i; ""L�ICta I.ect a distance of about 627 feet to a point in the East Right-of-way line of York Avenue; THENCE North along the East line of York Avenue a distance of 260 feet; THENCE East a distance of about 627 feet; THENCE South a dista. ce of 261 feet to the PL110E O1< 3EGINNING. (Located cast of York "..va _tra and Scizth of 27+th Si rec:c. } The Planning and Zoning Cc-=ission recommended to the City Commission that this request be granted. r- ZONE CASE NO. 1133-Request of W. A. Maddox to change BloLu':& 1.2, '.3;-faddo: 1c'.t'.3�, City of Lubbock, Lubbock County, 'Texas, from an "R-1" to a "C-2' Zoning District and to change Blocks 35 and 36 of said addition from an "R-l" to an "R-3" Zoning District. (Blocks 12 & 13 locates on each side of Elgin Ava.:ue and Lorth of 4th Street. Blocks 35 and 36 located west of Flint Ave. on eich side of 3rd Place.) The "lanning and Zoning Commission recommended to th-r pity Commission that this request be granted as a Specific Use Permit Zone Change based on site plan submitted at the hearing, said plan being on file in the office of the Secretary of the Planning and Zoning Commission, subject to the following conditions: 1. That a parking ratio of 1 off-street parking space for each apartment unit be provided. 2. That a ratio of 1100 square feet of lot area for each apartment unit be provided. ZONE CASE NO. 1134-Request of George R. Forston to change a r--ract of land out of Section 4, Block 0, Lubbock County, Texas, from an "R-1" to a "C-4" Zoning District. Said property is further described by metes and bounds to wit: BEGINNING at a point 1233 feet North and 1555 feet East of the Southwest corner of the Northeast One -quarter of Section 4, Block 0, Lubbock County, Texas; ,319 SEP 12 196 F THENCE S. 350 20' W. along the Highway Right-of-way (Idalou Road) a distance of 646.40 feet for the Northeast and beginning point of this tract; THENCE West a distance of 404.5 feet; THENCE S. 350 20' W. a distance of 161.53 feet; THENCE East a distance of 404.5 feet; THENCE N 350 20' E. a distance of 161.53 feet to the PLACE OF BEGINNING, SAVE AND EXCEPT a strip 220 feet in width off the East side thereof. (Located east of Beech Avenue at E. 10th Street.) The Planning and Zoning Commission recommended to the City Commission that this request be granted subject to the following conditions: 1. That a 6' solid, permanent type screening fence be erected and maintained along the West property line. 2. That no access be allowed from the west side. ZONE CASE NO. 1135-Request of George Fields to change a tract of land out of Section 6, Block E-2, Lubbock County, Texas, from an "R-1 " to a "C-2" Zoning District. Said property is further described by metes and bounds to wit: BEGINNING at a point which is 1819.4 feet East of the Southeast corner of the Southwest one -quarter of Section 6, Block E-2, Lubbock County, Texas; THENCE East along the South line of Section 6, Block E-2 a distance of 317.5 feet; THENCE North approximately 600 feet to a point in the South line of a previously dedicated alley, said alley being along the south side of Lot "A" Richland Hills Addition; THENCE West a distance of 317.5 feet; THENCE South approximately 600 feet to the PLACE OF BEGINNING. (Located North of 50th Street beginning about 503' West of Slide Road.) The Planning and Zoning Commission recommended to the City Commission that this request be granted subject to the following conditions: 1. use shall be restricted to those permitted in a "C-2A" District. 2. Building height shall not exceed 1 story. 3. Where hereafter required that visual screening shall be provided on any tract of land described in this Section, it shall be accomplished by a permanent seven foot solid visual screening wall or fence to be constructed prior to or concurrently with the first unit of any building construction on such tract of land. 4. One pylon type sign on each respective tract of land, described in this Section having frontage on 50th Street, shall be permitted provided such sign is set back a minimum of 60' from the street property line and does not exceed 45' in height and 640 square feet in area. All other signs shall be restricted to those permitted in the "C-2" district. 5. Sidewalks of minimum 6 foot width shall be constructed along all street property lines except those areas where ornamental screen planting may hereafter be required in relation to each tract of land hereinafter described. 6. Driveways for ingress and egress shall be approved by the City Traffic Engineer under the terms of the Ordinance regulating construction of driveways. 7. All utility service to the property shall be approved by the Director of Public Works and, where required, easements shall be granted for utilities including garbage collections service. 8. Lighting of the property area shall be shielded and/or directed to prevent glare on adjacent residentially zoned property. 9. Minimum building setbacks shall be 130' from 50th Street and 38' from the West and North property lines, except that where a service station may be built on the property it may be constructed to within 43' of the street property line with such setback requirement to include pumps, canopies and pylon or free-standing signs in addition to the main building. 10. Maximum building area shall be such as will maintain a 3:1 parking area to building area ratio. 11. Visual screening shall be provided on and along the full length of the north and west property lines. ZONE CASE NO. 1136-Request of the City of Lubbock to change a tract of Land out of Section 5, Block A, Lubbock County, Texas, from an "R-l" to an "M-l" Zoning District. Said property is further described by metes and bounds to wit: BEGINNING at a point in the North R-O-W line of Loop 289, said point being 2567.9 feet North and 2595.7 feet West of Southeast Corner of Section .5, Block A; THENCE North 220 57' East 584.5' to a point; ',94 5EP k 21963 THENCE North 250 23' West 841.2' to a point; THENCE South 590 51' West 128.7' to a point; THENCE South 640 37' West parallel to and 100' South to the South R-O-W line of the P. & S. F. Railroad, a distance of 1316.5' to a point; THENCE South 620 26' East 551.7' to a point; THENCE South 700 23' 2ast 710.9' to a point on a curve, said point is north 190 37' E., 5879.65 feet from the center of said curve; THENCE Southeasterly along said curve to the right a distance of 331.8 oreet to the PLACE OF BEGINNING. (Located East of the intersection of Loop 289 and the Panhandle & Santa Fe Railroad.) The Planning and Zoning Commission recommended to the City Commission that this request be granted. ZONE CASE NO. 1137-Request of R. E. Clark to change Lot 3, Block 14, Merritt and Wild ~` Subdivision, an addition to the City of Lubbock, Lubbock County, Tc;�4: , and the a' ? ey (nox, c.los,:d by Ordinance) between Lots 2 and 3 of said Subdivision, from an "R-3" to a "C-4 " -- Zoning District. (Located west of Waco Avenue and North of 4th Street.) The Planning a;id Zoning Commission recommended to the City Commission that this request be granted. ZONE CASE NO. 1138-Request of William F.. Evans (for George B. and Ed H. Miller) to change Lot 10, Block 8, Morningside Addition, City of Lubbock, Lubbock County, Texas, from an "R-3" to an "M-l" Zoning District. (Located at the NE Corner of 29th Street and Avenue G.) The Planning and Zoning Commission recommended to the City Commission that this request be granted subject to the following conditions: 1. That a building permit be obtained within 6 months from the effective date of approval. 2. That the building he completed within one year after the effective date of approval and that it be built to cover as much of the lot as the Zoning Ordinance will allow. ZONE CASE NO. 1140-Appeal of Charles Dollins (for First Christian Church) to change Lot 16, Block 103, Overton Addition, City of Lubbock, Lubbock County, Texas, from an "R-3" to a "C-3" Zoning District. (Located North of 16th Street-4th lot East of College Avenue.) The Planning and Zoning Commission recommended to the City Commission that this request be not granted. ZONE CASE NO. 1141-Appeal of Billy Meeks & Co. (for John Weitinger) to change a tract of land out of Section 17, Block B, Lubbock County, Texas, from an "R-1" to an "R-3" Zoning District. Said property is further described by metes and bounds to wit: BEGINNING at a point which is 198.71' south of the northwest corner of the southwest quarter of Section 17, Block B, Lubbock County, Texas; THENCE South a distance of 208.711; THENCE east a distance of 208.71'; THENCE north a distance of 208.71'; THENCE west a distance of 208.71' to the PLACE OF BEGINNING. (Located East of Slide Road about 200' South of 26th Street.) The Planning and Zoning Commission recommended to the City Commission that this request be not granted. ZONE CASE NO. 1112-("R-1" to "R-3", Restricted to Apartments only) A tract of land located on the south side of 50th Street between Gary and Indiana Avenues, being further described by metes and bounds to wit: BEGINNING at a point south 75' and east 55' of the northwest corner of Section 7, Block E-2, Lubbock County, Texas; THENCE East 1242.51' to a point in the west R-O-W line of Gary Avenue; THENCE in a southeasterly direction in said Gary Avenue R-O-W line a distance of 270' more or less to a point; THENCE west 672' more or less to a point; THENCE south 560 30'west 268' more or less to a point; THENCE west 360' more or less to a point in the east line of Indiana Avenue; THENCE in the east line of Indiana Avenue north 417' to the PLACE OF BEGINNING. The Planning and Zoning Commission recommended to the City Commission that this proposal be ;ranted subject to the following conditions: 1. That apartments only be constructed on the property, 2. That 1500 square feet of lot area be provided for each apartment unit. 39 SEP 12 1964' 3. That 1'k paved off-street parking spaces be provided per dwelling unit. ZONE CASE NO. 1139-Appeal of W. B. Agee to change a tract of land out of Section 3, Block E, Lubbock County, Texas, from an "R-3" to a "C-2A" Zoning District. Said property is further described by metes and bounds to wit: BEGINNING at a point 330 feet South and 60 feet East of the Northwest corner of Section 3, Block E, Lubbock County, Texas; THENCE East 355.6 feet to a point; THENCE South along a line 415.6 feet East and parallel to the West line of Section 3, Block E, Lubbock County, Texas, 332 feet to a point; THENCE West 340.6' to a point; THENCE in a Northwesterly direction a straight line connecting the above point and the Southwest corner of Lot 6, Doctors and Dentists Addition to the City of Lubbock, Lubbock County, Texas, a distance of 332 feet more or less to the PLACE OF BEGINNING. (Located North of 52nd Street on the east side of College Avenue.) The Planning and Zoning Commission recommended to the City Commission tkSt this re t be not_grante Lav nia Lowe, City Sec tary-Treasu In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1112 to consider the recommendation of the Planning and Zoning Commission that a tract of land located on the south side of 50th Street between Gary and Indiana Avenues be changed from "R-1" to "R-3" zoning district. No person appeared in support of this zone change. The following letter of protest was received from James H. Milam of Crenshaw, Dupree & Milam, Attorneys: CRENSHAW, DUPREE & 14ILAM September 11, 1963 City Commissioners City of Lubbock Lubbock, Texas Re: Zone Case No. 1112 Gentlemen: We are writing this letter on behalf of the owners of a tract of land described in the notice of zoning hearing in the above styled case and are opposed to the zoning of said tract of land as R-3. We feel that that this land should be zoned as C-3 which is the highest and best use for such land. The facts in connection with this tract of land have been fully presented to the Commissioners and our reasons for this position are as follow: 1. That a commercial use of this land will conserve the value of the land and insure harmonious and appropriate use. 2. That by zoning this property R-3 instead of C-3 there is discrimination. 3. That by zoning this property R-3 constitutes spot zoning and we do not feel that it is in accordance with good zoning practices as authorized and permitted by the zoning ordinances. We are writing this letter so that we may be on record as objecting to the R-3 zoning of this property. At the time this property is to be developed we intend to file application for commercial use as we feel that it is the only appropriate use of the land. Respectfully submitted, CRENSHAW, DUPREE, & MILAM BHH'pjp Jas. H. Milam Whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented motion was made by Commissioner Simpson, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, and Simpson voting Yea, Commissioner McLarty voting Nay, That Ordinance No. 4172 be passed on first reading to change the zone of Zone Case No. 1112 from "R-11" to 13R-3" zoning district. ORDINANCE ORDINANCE N0. 4172 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. 1112: CHANGE A TRACT OF LAND LOCATED ON THE SOUTH SIDE OF 50TH STREET BETWEEN GARY AND INDIANA AVENUE FROM AN "R-1" TO AN "R-3" ZONING DISTRICT; SUBJECT TO CONDITIONS. ;63-22-395-1075 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1123- Request of Robert Howard (for Daniel Construction Corporation) to change the zone of two tracts of land located East of York Avenue and South of 27th Street. The request is for Tract 1 to be changed from "R-1" to "C-3" zoning district and Tract 2 to be changed from "R-1" to "R-3" zoning district. No person appeared in support of this zone change and no person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented 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, that Ordinance No. 4173 be passed on first reading to change the zone of Zone Case No. 1123 from R-1 " to C-31rzoning district on Tract l and R-3 zoning district on Tract 2. ORDINANCE ORDINANCE NO. 4173 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF z.TTRROru M6 SEP 121963 TO MAKE THE FOLLOWING CHANGE: ZONE TRACTS OF LAND OUT OF SECTION 17, CHANGE TWO CASE NO. 1123; SO AS BLOCK B, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO ZONING DISTRICTS INDICATED. i3-22-396-1076 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1133- Request of W. A. Maddox to change Blocks 12 and 13 of Maddox Addition located on each side of Elgin Avenue and North of 4th Street from "R-1" to "C-2" zoning district and Blocks 35 and 36 of Maddox Addition located West of Flint Avenue on each side of 3rd Place from "R-1" to "R-3" zoning district. Mr. Hal Kilgore appeared in support of this zone change representing his and Mr. Maddox's interests. Mr. Warlick Carr appeared in protest representing Blankenship Investments stating that they do not think "C-2" zone is needed at this location, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented 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, that Ordinance No. 4181 be passed as an emergency measure authorizing the issuance of a Specific Use Permit in Zone Case No. 1133. ORDINANCE ORDINANCE NO. 4181 AN ORDINANCE AUTHORIZING TH:' ISSUANCE OF A SPECIFIC USE PERMIT IN ZONE CASE NO. 1133; DECLARING AN EMERGENCY; AND PROVIDING FOR PUBLICATION. 53-22-396-1077 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. 4182 be passed as an emergency measure. M I)MANrP ORDINANCE NO. 4182 AN ORDINANCE AMENDING THE FIRE ZONE, MAP OF THE CITY OF LUBBOCK SO AS TO PLACE CERTAIN PROPERTY IN FIRE ZONE NO. 2, WHICH PROPERTY IS DESCRIBED IN A SPECIFIC USE PERMIT FOR A COI,24ERCL�L USE IN ZONE CASE NO. 1..133; DECLARING AN EMERGENCY AND EFFECTIVE DATE OF THIS ORDINANCE. 53-22 -396 -1078 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1135-Request of George Fields to change property located North of 50th Street beginning about 503' West of Slide Road from "R-l" to "C-2" zoning district. George Fields appeared in support of this zone change. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration, of all facts presented motion was made 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. 4174 be passed on first reading to change the zone of Zone Case No. 1135 from "R-1" to "C-2" zoning district. Conditions as recommended by the Planning and Zoning Commission were approved by the City Commission and are incorporated within the Ordinance. ORDINANCE ORDINANCE No. 4174 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. 1135: CHANGE A TRACT OF LAND OUT OF SECTION 6, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO A "C-2" ZONING DISTRICT; SUBJECT TO THE FOLLOWING CONDITIONS. 53-22-396-1079 In accordance with the above Notice of Zoning Hearing, hearing was Meld on Zone Case No. 1-36- Reauest of the City of Lubbock to change property located East of the intersection of Loop 289 and the Panhandle & Santa Fe Railroad from "R-1" to "M-l" zoning district. No person appeared in support of this zone change and no person appeared in protest, whereupon, the Mayor stated the hearing was closed. 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 HcLarty voting Yea, none voting Nay, that Ordinance No. 4175 be passed on first reading to change the zone of Zone Case No. 1136 from "R-1" to "M-l" zoning district. ORDINANCE ORDINANCE N0. 4175 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. 1136; CHANGE A TRACT OF LAND OUT OF SECTION 5, BLOCK A, LUBBOCK COUNTY, TEXAS, FROMAN 11R-1" TO AN "M-1" ZONING DISTRICT. 63-22-396-1080 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1137- Request of R. E. Clark to change property located West of Waco Avenue and North of 4th Street from 31R-3" to "C-4 " zoning district. Iir. Clark appeared in support of this zone change stating that he wants to extend Brandon & Clark Business to this location. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented motion was made 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. 4176 be passed r— on first reading to change the zone of Zone Case No. 1137 from "R-3" to `C-4" zoning district. OIiDIib:NCE 0 RD;ANT_ K;,E No. 41_7S AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND .THE OFFICIAL Oi' THr C117 OF LUL'BOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1137: CHANGE LOT 3, BLOCK 14, MEi RRITT AND WILD SUBDIVISION, All ADDITION, TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND THE ALLEY BETWEEN LOTS 2 AND 3 OF SAID SUBDIVISION, FiRDM AN "R-3" TO A 71+_.-4" ZONING DISTRICT. w 63-22-396-1081 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1138- request of William H. Evans (for George D. Miller and Ed H. Miller) to charge property locat(--:ci at, the '10r heµst :) ti:4' Stca-at aid Ava-ua G from "R-3" to "M-1" zoning district. Bob Moody, Attorney, appeared in support of this zone change. No person appeared is protest, whereupon, the Mayor stated the hearing was closed. :_fter consideration of all facts presented motion was made by Commissioner Ald�.rs:..ln, sc:coLtde-7 by i.cm,i'.ssi.o-iar motion carried, Mayor Strong and Commissioners Alderson, O'ela:ra, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4177 be passed on first reading to change the zone of Zone Case No. 1138 from "R-3" to "M-1" zoning district. ORDINANCE ORDINANCE NO. 4177 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SCE AS TO MAKE THE tOLLOdING 3H.q!T3E: 0'1 ': -:37 :itl. 1 13. "I . - ''.' ' 0-. i'.DCK 8, MORNINGSIDE ADDITION, - SEP 1 39 2 1963 CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, 1'P0I1 A'+ "f'-3" TO 1 sri?-�." ZQi�TTI".G D-Sk : ^_ ;t ITT ' J t?E t' (JL3 (1?T7.d^ C:G%iD'�: IONS. ill with 61c , alo-wa Notice of Zoning Hearing, hearing was held on Zone Case No. 1139- Appeal of 5?. B. Agee to change property Located North of 52nd Street and on the East side of College Avenue from "R-3" to "C-2A" zoning district. Mr. W. B. Agee and Mr. Kenneth Pharr appeared in support of this zone change. No person appearee. in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented at the hearing motion was made by Commissioner McLarty, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Hara, Simpson, and McLarty voting Yea, nonz v-3ting Nay, that Ordinance :io. 41.73 be passed ,,n first zeadi.ng to change the zone of Zone Case No. 1139 from ''R-3" to "C-2A"zonin, district. ORDINANCE ORDINANCE NO. 4178 AN ORDINANCE AMENDING ZONING ORDINANCE 140. 1695 AND THE OF_ ICIAL MAP OF THZ CITY Oi SO AS TO THE FOLLOWING CHANGE: ZONE CASE NO. 1139: CHANGE A TRACT OF LAND OUT OF SECTION 3, BLOCK E, LUBBOCY COUNTY, TM,AS, FRO.•I AN `'t -3°` TO A "° -2 -" O-i-'iiG DI.ST tI :T. 63-22-397-1083 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1140- Appeal of Charles Dollins (for First Christian Church) to change one lot located North of 16th Street--4th lot East of College Avenue, from "R-3 " to "C-3 " zoning district. Mr. Carroll Cobb, Attorney, appeared in support of this zone change representing the First Christian Church. Members of the Board of the First Christian Churcha7Eharles Dollins and Joe Horkey also appeared in support. Mr. Charles Jones, Attorney for Judge Howard C. Davidson and Mr. Davidson appeared in protest of this zone change. Judge Davidson gave names of neighbors in the area who, he stated, are in protest of this zone change also. A petition opposing this zone change is on file in the office of the Planning and Zoning Department. Whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented 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, that Ordinance No. 4179 be passed on first reading to change the zone of Zone Case No. 1140 from "R-3" to "C-3" zoning district. 63-22-397-1084 ORDINANCE ORDINANCE NO. 4179 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. 1140: CHANGE LOT 16, BLOCK 103, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM AN "R-3 " TO A "C-3" ZONING DISTRICT. September 12, 1963 City of Lubbock Municipal Water, Power and Light Lubbock, Texas Gentlemen: Kittalou Gin Co., Inc., refers to previous negotiations regarding the supply of power by Municipal Power and Light to its gin. We offer to advance to the City a sum not exceeding $10,000.00, on the cost of constructing the necessary line to Kittalou Gin. It is understood that we can use this amount in electric power at the current City rate after the installation of power and we will not pay for use of electricity at Kittalou Qin until the $10,000.0( credit has been used. Very truly yours, KITTALOU GIN OOMPANY, INC. WMW/kc By W. M. Wright, Secretary -Treasures Mr. W. M. Wright of Kitalou Gin Company, Inc., appeared before the City Commission and made a request as set out in the above letter. There was discussion in this regard and this request was taken under advisement. 63-22-397-1085 Mr. Dick Cole of the Arnett -Benson Civic Development Association -Northwest Lubbock -appeared before the City Commission requesting that the sanitation regulations be enforced in the Arnett Benson Addition; that the Zoning Ordinance be enforced as well as speeding and other City Ordinances. Mr. Cole was advised that the City will work with the Association in every way to better the conditions in the Arnett -Benson Addition. 63-22-397-1086 Mr. Earl M. Stevenson appeared before the City Commission requesting that the City of Lubbock purchase a one acre tract of land from him that is located on the Acuff Road in East Lubbock. Mr. Stevenson stated that he purchased this land from a Mr. Weaver and that he has now been advised that approximately 50% of the tract will be required for right-of-way. After consideration of this request motion was made by Commissioner McLarty, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to not purchase this tract of land. Commissioner Alderson was absent at this time. 63-22-397-1087 MRS. PAT S. MOORE September 4, 1963 City Commission City of Lubbock Lubbock, Texas Attention: Mr. Fritz Lanham Gentlemen: South Plains Guidance Center Orgainizational Board, Inc. respectfully requests the right to lease your facilities at 5th and Avenue J. We wish to lease this property for the use of the Guidance Center for our City. If you feel that you could comuly with our ronnasY_ wP wnr,ld wAnh rn ranlra aewnp ti SEP 21963 to the facilities. However, we would assure you that the alterations would not damage the permanent structure and nothing would be done without supervision of one of your officials. If you have any questions concerning this request, would you please call me? PSM/vr Very truly yours, (Mrs.) Pat S. Moore, Chairman Motion by Commissioner McLarty, seconded by Commissioner Sampson, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize the Mayor to execute a lease agreement between the City of Lubbock and the South Plains Guidance Center for lease of this property on a year to year basis with a sixty day cancellation clause incorporated within the lease. Commissioner Alderson was absent at the time this action was taken. 63-22 -398-1088 4705 40th Street Lubbock, Texas September 9, 1963 Mr. Sohn Hickerson, Secretary of City Commission City Hall, Lubbock Dear Mr. Hickerson, I am requesting that the City Commission put on its agenda for Thursday, September 12, consideration of farming operation at approximately 5502 Slide Road. This is a temporary hydroponic truck farm, where we expect to raise vegetables, principally tomatoes, for winter use on our local city market. It will be covered with a light frame of poultry wire and polyethylene plastic. It is my understanding that a truck farm or nursery is allowed in R-1 Zone, provided no wholesale or retail trading is done on the premises. The site is an integral part of a farm that has been in operation here for many years. I cannot request a building permit.for this light frame structure because the land has not been platted, and the owner does not wish to plat it until he can determine which way the area might develop. This site is next to a lake, and is not likely to be developed for a long time. I would like to have a seasonal truck farm here for perhaps as long as three years. I shall be glad to appear before the City Commission at your September 12 meeting. Sincerely yours, Galen M. Carr Mr. Galen M. Carr appeared before the City Commission requesting a temporary permit for a hydrophoriic truck farm at approximately 5502 Slide Road. After consideration of this request motion was made by Commissioner McLarty, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, Alderson, and McLarty voting Yea, none voting Nay, to GRANT the request as set out in the above letter for a period not to exceed love years, the truck farming operation to not cover in excess of / acre of land. 63-22-398-1089 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize bids to be received for construction of water and sewer mains to serve Northeast Lubbock area. Commissioner Alderson was absent at the time this action was taken. 53-22-398-109G Motion by Commissioner McLarty, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners O'Mara, Simpson and McLarty voting Yea, none voting May, to authorize extension of water mains to serve the Hancock Addition and Western Ways Motel. Commissioner Alderson was absent at the time this action was taken. 63-22-398-1091 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commmissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize publication of the following Notice to Bidders for City Depository for the fiscal year 1963-1965. Commissioner Alderson was absent at the time this action was taken. NOTICE TO BANKING INSTITUTIONS IN THE CITY OF LUBBOCK Notice is hereby given that the Governing Body of the City of Lubbock, subject to the provisions of Articles 2559 to 2566A, Revised Civil Statutes of Texas, as amended, will receive applications for the custody of the City funds covering a period of one and two years from any banking corporation, association or individual banker doing business withinthe City of Lubbock, as a depository, until 9:30 o'clock A.M., September 25, 1963. Any such applications and bids shall be deposited with the City Secretary -Treasurer in the City Hall prior to such time. The monthly average demand deposit is estimated at $3,000,000,00. The monthly average time deposit is estimated at $4,000,000.00. It is requested that each Bank bid on the rate of interest to be paid the City of Lubbock on money placed on time deposit and subject to 30, 60, 90, 180, and 365 days notice, prior to withdrawal of these funds. It is also requested that the interest rate be stated on advances to the City of Lubbock within the limits prescribed by law and within the legal loan limit of the Bank for twelve. (12) months duration. It is hereby understood that these advances will be made solely for the purpose of aiding the City in its ordinary operations and shall not be made for the purpose of preventing the withdrawal of time deposits before their due date. Advances required by the City to prevent its having to draw on its time deposit open account before its due date shall bear the same rate as that paid by the Bank on such time deposits. Advances, in this case, shall mean loans or overdrafts. Li Ll SE'P 12 1963 PROPOSALS SET IN FROM PAGE 399. ITEM N0, 63-22-399-1092 FORM-ROW-101 Proposal No September 12 19) To the City Commission Lubbock9 Texas The undersigned are the sole owners of the following described tracts of landq to -wits 75.4 acres out of the Southwest 1/4 of Section 1, Block J-S, Lubbock County, Texas, having 2590.0 feet frontage on Frankford Avenue. Dedication We propose and offer to convey by VX=W 10c deed to the City of Lubbock the following described part of the above described tracts of land, said part being described as followag to -wits The West 60 feet of the above tract. Special Conditions= This dedication is rude subject to the following agreements the City of Lubbock: the donor and 1. The donor retains title to all equipment in connection with irrigation well. 2. That the donor be permitted to use for agriculture purposes any of the dedicated land not used for right of way. 3. The land so dedicated will not be taxed for city and school purposes for the year 1964 and thereafter. 4. This dedication given subject to an easement given to the Pioneer Natural Gas for gas line. 5. It is agreed and understood should the donor be asked to abandon irriga- tion well located in the right of way that the City of Lubbock will reimburse 41 said donor for relocating of their irrigation well and the moving and installa- tion of all equipment. 6. This offer is conditioned upon the letting of a contract within two (2) years from the date hereof for the two-lane paving of the street to be located upon said property; and should such contract not be let within such time, then tRi,s off*r-and'any`-dedleatfos+-deed-,executed, pursuant -hereto-sh 1•be of no'further force and effect. 7. That the above numbered agreements or conditions sha also albply and be binding between the City of Lubbock zed the heirs, executors, administrators, successors, an ass es of the donor. 4 - Accepted by_the,Govearning Body of the City of Lubbockq this 1L�R day of .i '..� "" ti"'{"'f7 ^��`.�!.#�'F, 5r' y, •�• ��fit. Y' F.-Y�•.5 f 'h{iy • -t '�;`. ��- 1-i yi {. }� 1' �y � T-R''w �{;1.�. Y.•�f"'•51}��'Si. .�4�"�# 4' ��T''h�f,�'L i��i �r+A�'� l�•.f 1+•.`%i �Ilf:�"�+�s- f�i5�\�Y•�'�. 4. �F��R y(±•�1 �.,'4-�. F�� �� i "..��'��F �y, *i+f� i {.f. +,y}-�'! l "�•�. -�". r�q.ti. y y�,� #. s r y�{ "i�i,' .�. �1�:;•. �: i -}'r�;t'' „i•. ti .rk .'`x , �5 ko-.�9'- �i4 a ,'r�.x;{r'� "� 1{ �Y r - �'tr,:- a -t�' � r;f_ ,:�'. { � �, C�� ��''fi;�-i;r'+ �.��- �rt� _�.}..: �r' .i;' -,� ''{�;--. k+s:�' �,ra•'�?. �`•'x' rf!.' ,y, e�-f +• l .�~ { �:r �.# 4•S �r :Y �i'•... �"`' .r i . .�.;Sa �-!��. Y7•S .,s..' y_ y.r,,� 3 �.:�yy 7+k'ri':9 ,� i '.� tY �f .a_ "„�. �n. ' +y• -�_�• `�� •,k, ,.�,,,y:•r- 1--}mac: Fd:��. �'� .'i�'�' �!k'f2��'�`r #�}� _,....3�.r - # - � �! .. _'ti:�Y`-�'—'ate �L�°�--. i_.�: WaFYs`°_ � , --...-.-.— — ♦. i 39! SEP z 2196 63-22-399-1092 63-22-399-1093 Since the City of Lubbock can legally issue warrants up to a maximum such of $50,000.00 in any fiscal year, you are requested to state in your application whether or not you agree to purchase such warrants, in the event they are issued, and at what rate of interest. Bidders are requested to submit any further concessions or services which they may want to offer the City of Lubbock as further consideration in selecting the City's depository. Selection of such depository is contemplated for the period beginning October 1, 1963, and ending September 30, 1964, or for the period beginning October 1, 1963, and ending September 30, 1965. Each prospective depository is requested to submit a proposal for both years as the determinati for a one or two year period will be at the option of the City Commission, and the right to reject any and all bids is reserved. The City also reserves the right to place or invest part or all of any of its surplus or excess funds outside the designated depository, in Bonds, Securities or Obligations of the United States Government, or in any lawful manner as may be determined by the City Comulission from time to time throughout the year. DATED this 12th day of September, A.D., 1963. 001irl", eZq;Q_( Lavenia Lowe, City Secretary-Treasu= City of Lubbock, Texas Proposals were presented for dedicating the right-of-way for the improvement of Frankford Avenue from Loop 289 to the City limits whereby the property owners would provide the right-of-way without cost to the City provided they can use the excess right-of-way for agricultural purposes for such time as this right-of-way is not needed for highway improvements and further provided that the irrigat wells now existing could remain in the right-of-way until the City of *ubtock pays for their relocatic The only proposal not accepted by the City Commission was that of Mr./Bates where the Highway Departme needs to acquire some fill material for the proposed construction. Commissioner Alderson was absent at the time this action was taken. PROPOSALS SET IN ON PAGE 398B. Motion by Commissioner McLarty, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. Commissioner Alderson was absent at the time this action was taken. RESOLUTION WHEREAS, it has been heretofore determined by the City Commission that the lands located in Section 3, Block B, Lubbock County, Texas as more particularly described in the conveyance attached hereto is no longer needed for any public purpose, and WHEREAS, it was determined that said lands be sold to the highest bidder from invitations to bid, and WHEREAS, J. W. Wright of Lubbock County, Texas has been determined to be the highest bidder for said land in that he has offered the sum $10,212.00, and WHEREAS, it is deemed that said price is adequate and within the fair market value of said land, and NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT said lands be conveyed to J. W. Wright and that the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Warranty Deed conveying the land described in the attached conveyance to J. W. Wright and all of which shall be spread upon the minutes of this Commission shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Commission this 12th day of Septembe�, �1963. ezv4f ci JACK F. STRONG, Mayor 1 ATTEST: { WAY Lavenia Lowe, City Secretary -Treasurer WARRANTY DEED 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, acting by and through its Mayor, heretofore duly authorized for and in consideration of the sum of TWO THOUSAND FIVE HUNDRED FIFTY-THREE AND N0/100 DOLLARS ($2,553.00) cash to it in hand paid by J. W. Wright, of Lubbock County, Texas, the receipt of which is hereby acknowledged, and the further sum of SEVEN THOUSAND SIX HUNDRED FIFTY-NINE AND N0/100 DOLLARS ($7,659.00) secured to be paid and evidenced by grantee's promissory vendor's lien note, of even date herewith, which note is further described as follows: An Installment Vendor's Lien Note in the amount of $7,659.00, dated September , 1963, payable in the City of Lubbock, Texas in three (3) annual installments of $2,553.00 each, together with interest of six (6) per cent per annum; with the first payment being due on September , 1964, and an equal amount being payable on September , of each year thereafter until the principal and interest is paid in full; said Vendor's Lien Note being further secured by a Deed of Trust given to Bill J. McGinnis, Trustee, for the benefit of the City of Lubbock. Have granted, sold and conveyed, and by these presents do grant, sell and convey unto the said grantee, J. W. Wright, of Lubbock County, Texas, all that certain parcel of land; A tract of land out of Section 3, Block B, Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at a point which bears South 4016.27 feet and East 3775.34 feet from the Northwest corner of Section 3, Block B, Lubbock County, Texas, said point also being S 890 43' 39" 100 EP 12 1963 Lubbock, Lubbock County, Texas, and in the East line of alley; THENCE N 00 16' 21" E 334.29 feet along the East line of alley to a point; THENCE N 210 17' 39" W 275.00 feet along the East line of alley to a point; THENCE N 550 30' 39" W 617.00 feet along the Northeast line of alley to a point; THENCE N 890 43' 39" W 1092.27 feet along the North line of alley to a point; THENCE S 440 54' 27" W 170.00 feet along the Northwest line of alley to a point; THENCE N 770 27' 43 " W 10.68 feet along the North line of alley to a point; THENCE N 190 43' 39" W 142.46 feet along the East line of alley to a point in the Southeast line of East 28th Street; THENCE around a curve to the left along the Southeast line of East 28th Street having a radius of 661.27 feet, a chord distance of 31.72 feet to a point in the Southeast line of East 28th Street; THENCE N 440 54' 27" E 400.49 feet along the future SE line of E. 28th Street to a point; THENCE S 460 01' 46" E 44.8 feet to a point approximately 20 feet Southwest of the Southwest sanitary sewer line; THENCE S 780 35' E 697.31 feet to a point approximately 20 feet South of the South sanitary sewer line, from which point fence corner post bears North 53 feet; THENCE N 860 53' 40" E 522.45 feet to a point approximately 20 feet South of the South sanitary sewer line, from which point fence corner post bears Northeast 52 feet; THENCE S 420 59' E 761.38 feet to a point approximately 20 feet Southwest of the Southwest sanitary sewer line, from which point fence corner post bears Northeast 51.4 feet; THENCE S 280 45' E 651.54 feet to a point approximately 20 feet Southwest of the Southwest sanitary sewer line from which point fence bears Northeast 77.5 feet; THENCE N 890 43' 39" W 497.96 feet to the POINT OF BEGINNING, containing 15.2629 acres. TO HAVE AND TO HOLD the above described property and premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said grantee, his heirs and assigns forever; and I do hereby bind the City of Lubbock and its successors to warrant and forever defend all and singular said premises unto the said grantee, his heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. But it is expressly stipulated and agreed that a vendor's lien and the superior title are retained against the above described property and premises until said note is fully and finally paid according to its face and tenor, effect and reading, when this deed shall become absolute. Witness my hand this 12th day of September, 1963. 1 - __ C TY 0 LU BOCy B J CK F. STRONG, Mayor ATTEST: Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COJNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Jack F. Strong, 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 purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12th day of September, 1963. (SEAL) Notary Public, Lubbock County, Texas 63-22-400-1094 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners O'Mara, Simpson and McLarty voting Yea, none voting Nay, to authorize payment to Municipal Investment Company (Pioneer Pavers, Agent) in the amount of the assessment levied against the Fort Worth & Denver Railway Company for paving on East 35th Street. The Fort Worth & Denver Railway Company having questioned the validity of this assessment and court action is now pending. This being Units 2079-6, 7, 8, & 9 in GWO 2770, Ordinance No. 3788 dated April 4, 1962. The paving assessments being purchased at a 5% discount. Commissioner Alderson was absent at the time this action was taken. 63-22-400-1095 Motion by Commissioner Alderson, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, and Simpson voting Yea, none voting Nay, to authorize installation of a temporary traffic signal at 50th Street and Avenue A (U.S. 87). Commissioner McLarty was absent at the time this action was taken. INSTRUMENTS SET IN ON PAGE 400A. 63-22-400-1096 The City Commission considered the request of Lubbock Ind d n&it.Wmobile Dealers Ass�ciati.oa `ter p_irnission to block Main Street between -Texas Avenue during the hours of 6 p.m. to 10:30 p.m. December 5th to hold an auto auction. Proceeds from sale are to be donated to Goodfellows et al. otr 12 1y63 L L L I L i INSTRUMENTS SET IN FROM PAGE 400. ITEM NO. 63-22-400-1095 C O M M 1 5 5 7 Q N STATE HIGHWAY ENUINEER H B G PET0.YD. C. GREER , JR., CHnIRMAN TEXAS HIGHWAY DEPARTMENT HALWO00 W AR o `•- J H. K LI LTG EN Box 771 Lubbock, Texas 7908 July 113, 1963 M REPLY REFER TO FILE NO, Control 68-1 U. S. 87 (Avenue A) Intersection with 50th Street Lubbock, Lubbock County City of Lubbock Box 2000 Lubbock, Texas 79408 Attention: Mr. Fritz Lanham Actg. City Manager Gentlemen: Highwax Traffic Signal Recommendation Enclosed is the Highway Traffic Signal Recommendation to the effect that the request received May 17, 1963, from Mr. B. H. McDaniel, City Traffic Engineer, City of Lubbock, proposing the installation of a fixed -time signal at the intersection of U. S. 87 (Avenue A) with 50th Street, is approved. " CPM/ks Enc. cc: Mr. B. H. McDaniel Mr. Ray Sherrod 6 OP Very truly yours,-- ° (�Ca 0. L. Crain District Engineer District Five F. 40 SEP 12 196� Motion was made by Commissioner Alderson, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners Alderson, O'Hara, and Simpson voting Yea, none voting Nay, to GRANT this request for permission to bloc's Main Street. Commissioner McLarty was absent at the time this action was taken. 63-22-401-1097 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 approve the State Highway Department's Plan of development, by widening and paving, for 4th Street from Flint Avenue to the West City limits. A copy of these plans are on file in the City Engineering Department in the City Hall, City of Lubbock. This action by the City Commission being with the provision that the lake area excavation proposed by the State Highway Department be approved by the Planning and Zoning Commission. Commissioner Alderson was absent at the time this action was taken. 63-22-401-1098 NOTICE TO BIDDERS W.W.O. 11336 Sealed proposals, addressed to the Honorable Mayor and City Commission of City of Lubbock, Texas, attention John T. Hickerson, will be received until 9:30 a.m. September 12, 1963 at the City Hall, 910 Texas Avenue, for the drilling and developing of nine water wells in Leagues 218 and 219, Lamb County, Texas. Any bid received after closing time will be returned unopened. Drilling shall be done with a rotary drilling rig. No guarantee of well capacity will be required.. Bidders must submit a cashier's or certified check issued by a bank satisfactory to the owner, for 5% of the amount of the base bid, payable without recourse to the order of the City of Lubbock, or a proposal bond in the sum of the same amount from a reliable surety company, as guaranty that the bidder will enter into the contract and execute bonds and guaranty in the forms provided within ten (10) days after notice of award of contract to him. Bids without the required check or proposal bond will not be considered. The successful bidder must furnish bonds on forms provided in the amount of 100% of the contract price as security for the faithful performance of this contract and for the payment of all persons performing labor and furnishing materials in connection with this contract. Bidders are expected to inspect the sites of the work and to inform themselves regarding the locations and conditions under which the work is to be done. Attention is called to the provisions of the Acts of the 43rd Legislature of the State of Texas, page 91, Chapter 45, (Article No. 5159A Civil Statutes, 1925) concerning the wage scale and payment of prevailing wages established by the owner as follows: LABOR CLASSIFICATION AND GENERAL PREVAILING WAGE RATES Mechanic, Workman General Prevailing per General Prevailing or Type of Laborer Diem Wage based on 8 hourly rate hr. working day Well Driller $ 12.00 $ 1.50 Well Driller Helper 9.20 1.15 Common Labor 9.20 1.15 Welder -Electric -Acetylene 12.00 1.50 Truck Driver-lk ton or less 9.20 1.15 Truck Driver -over lk ton 10.00 1.25 Payment for overtime, work on Sundays and Legal Holidays shall be governed by applicable State and Federal Wage and Hour Laws. Authorized deductions as required by Federal Statutes will be allowed. The owner reserves the right to reject any or all bids and to waive any or all formalities or informalities. In case of ambiguity or lack of clearness stating the price in the bids, the owner reserves the right to consider the most advantageous construction thereof, or to reject the bid. Unreasonable unit prices will also be reason for the owner to reject the bid. Instruction to bidders, proposal forms and specifications are on file at the office of John T. Hickerson, Director of Public Works, City Hall, Lubbock, Texas, and may be secured from that office. Payment for successful completion of these wells will be made from the Bond Funds of the City of Lubbock, Texas. TEXAS ATTEST: Lavenia Lowe, City Secretary In accordance with the above Notice to Bidders for drilling and developing nine water wells in Sandhill Well Field, WWO 11336, motion was made by Commissioner McLarty, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Hara, Simpson, and McLarty voting Yea, none voting Nay, to open the bids, whereupon, the following bids were opened and read. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Commissioner O'Hara, seconded by Commissioi McLarty, motion carried, Mayor Strong and Commissioners O'Hara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of the bid of C & B Drilling Company, Inc., of Lorenzo, Texas, it being considered the lowest and best bid, and to authorize the Mayor to enter into contract. Commissioner Alderson was absent at the time this action was taken. 102 S EP 121963 63-22-402-1099 NOTICE TO BIDDERS W.W.O. 11340 Sealed proposals addressed to the Honorable Mayor and City Commission of Lubbock, Texas, attention City Engineer, will be received at the office of the Director of Public Works, until 10:30 a.m. Sept. 12, 1963, for furnishing all necessary materials, machinery, equipment, superintendence and labor for the construction of certain Water Works Improvements, all for the City of Lubbock, Owner, Lubbock, Texas. The principal item of work included in this project is the construction of a chlorination and storage house @ the sandhills reservoir. Bidders are required to submit a cashier's or certified check issued by a bank satisfactory to the owner, or a proposal bond from a reliable surety company, payable without recouse to the order of the City of Lubbock, Texas, in an amount not less than five percent (5%) of the largest possible bid submitted as a guarantee that the bidder will enter into a contract and execute bond and guaranty in the forms provided within ten (10) days after notice of award of contract to him. The successful bidder will be required to furnish bond on the form provided in the amount of 100% of the total contract price from a Surety Company holding a permit from the State of Texas to act as surety, or other surety or sureties acceptable to the owner. The owner reserves the right to reject any or all bids and to waive formalities. In case of ambiguity or lack of clearness in stating the prices in the bid, the owner reserves the right to consider the most advantageous construction thereof, or to reject the bid. Unreasonable (or "unbalanced") unit prices will authorize the owner to reject the bid. The owner reserves the right to accept the bid considered most advantageous to the City of Lubbock. Bidders are expected to inspect the site of the work and to inform themselves regarding all local conditions under which the work is to be done. Attention is called to the provisions of the Acts of the 43rd Legislature of the State of Texas, Page 91, Chapter 45, (Art. No. 5159A Civil Statutes, 1925) concerning the wage scale and payment of prevailing rates of wages as established by the owner. The contractor must abide by the Wage and Hour Laws of the State of Texas and must not pay less than the rate legally prescribed or as set forth herein, whichever is higher. Mechanic Workman General Prevailing General Prevailing or Type of Laborer per diem Wage based Hourly hate on 8 hour working day Painter $ 12.00 $ 1.50 Bricklayer 12.00 1.50 Carpenter 12.00 1.50 Cement Finisher 12.00 1.50 Electrician 12.00 1.50 Glazier 12.00 1.50 Iron Worker 12.00 1.50 Joint Worker 10.00 1.25 Laborer 9.20 1.15 Motor Grader Operator 10.00 1.25 Power Shovel or Backhoe Operator 10.00 1.25 Bulldozer Operator 12.00 1.50 Dragline Operator 12.00 1.50 Crane Operator 12.00 1.50 Air Compressor Operator 10.00 1.25 Air Tool Operator 10.00 1.25 Truck Driver 10.00 1.25 Powderman 12.00 1.50 Pipe Layer 10.00 1.25 Fine Grader 10.00 1.25 Mechanic 12.00 1.50 Welder 12.00 1.50 Plumber 12.00 1.50 Plasterer 12.00 1.50 Sheet Metal Worker 12.00 1.50 Tractor Operator 10.00 1.25 Watchman 9.20 1.15 Copies of the Plans and Specifications are on file in the office of City Engineer, City Hall, Lubbock, Texas. /1 TY OF LUBBOCK TEXAS y Jack F. Strong, Mayor In accordance with the above Notice to Bidders for the construction of a chlorination house at Sandhills Reservoir, WWO 11340, motion etas made by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to open the bids, whereupon, the following bids were opened and read. Commissioner Alderson was absent at this time. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of the bid of W. B. Abbott & Company, it being considered the lowest and best bid, and to authorize the Mayor to enter into contract. Commissioner Alderson was absent at the time this action was taken. 63-22-402-1100 THIRTY-FOURTH STREET REALTY COMPANY August 9, 1963 tK fro The City Commission City of Lubbock Lubbock, Texas Re: City Ordinance No. 3863 Flintwood Center 3100 Block 34th Street Namron Addition Lubbock, Texas Gentlemen: The enclosed is for your study and information in considering our request for a street usage license for occupancy of Public Property. The shrubs planted in violation of referenced ordinance will not exceed eighteen (18) inches in height with the exception of ten slow growing Youpon. These shall be kept trimmed to not exceed their present height. You will note that these shrubs do not obstruct vision and do not create any condition adverse to the safe movement of traffic. We respectfully request that we be given a street usage license in order that we may leave the plants as they are. If the Building Inspector ever feels that the planting in question causes any discomfort to the public we shall then and there remedy same without further question. Respectfully, THIRTY-FOURTH STREET REALTY COMPANY Preston Johnston President The City Commission considered the request of Mr. Preston Johnston for a street use license which wit permit certain shrubs to remain in the parkway area at 34th Street and Flint Avenue. Motion was made 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, to GRANT this request for a street use license. LICENSE FOR USE OF PUBLIC WAY THE STATE OF TEXAS COUNTY OF LUBBOCK This License made the 12th day of September, 1963, between the City of Lubbock, a Home Rule Municipality, herein called "CITY" and Frontier Saving Stamps, Inc., a Texas Corporation, herein called "LICENSEE." WITNESSETH: THAT the parties hereto, for the consideration hereinafter expressed, covenant and agree as follows: (1) In consideration of the sum of ONE AND NO/100 ($1.00) DOLLAR payable as follows: Cash in hand paid, the receipt of which is hereby acknowledged, City hereby grants LICENSEE a License for the following purpose: to permit LICENSEE to place and maintain shrubbery in that area of public right of way that lies adjacent to and within ten (10) feet of Block 1, Namron Addition to the City of Lubbock. However, said shrubbery shall not exceed eighteen (18) inches in height at any time, and should the CITY at any time feel that said shrubs are a hazard to traffic, or should the CITY at any time desire to do any construction work at the above described property, said shrubs shall be removed at LICENSEE'S expense. (2) This License is made subject to the condition that LICENSEE, and the successors, and assigns of LICENSEE will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants and employees harmless of and from any and all claims, demands, actions, causes of action, suits at law and in equity and costs of whatsoever kind or nature which may grow out of or relitte 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 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 thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the Post Office, postpaid, addressed to LICENSEE at 2424 34th Street, Lubbock, Texas. (5) This License and privilege shall not be transferable in whole or in part, and shall not inure to the benefit of any other person, firm, 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 gITY, by mutual consent of the parties hereto or otherwise, LICENSEE shall remove, at no cost to CITY, the shrubbery in the above described property. (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 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 benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by LICENSEE, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon CITY without the written consent of CITY in each instance. CITY OF LUBBOCK 104 EP 12 1953 63-22-404-1101 63-22-404-1102 63-22-404-1103 63-22-404-1104 ATTEST: Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK By• JACK STRONG, mayor LICENSEE: FRONTIER SAVING STAMPS, INC. By: Preston Johnston, President BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Jack F. Strong, 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 purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12th day of September, 1963. (SEAL) Notary Public, Lubbock County, Texas Motion 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 bid of Plain Utility Company for encasements across Loop 289, being WWO 11345. Bid Tabulation set in Bid Book. In accordance with Notice of Budget Hearing as recorded in Minute Boole 22, page 349, hearing was held on City of Lubbock Budget for the fiscal year beginning October 1, 1963 and ending September 30, 1964. 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 authorize the following Budget changes in the 1963-64 Budget: BUDGET CHANGES 1962-63 Budget 1963-64 Budget Increases Increases (Decreases)- Decreases Water Distribution -Replacement of Galvanized Pipe $ 10,000 $ 50,000 Traffic Engineering-5 School Crossing Guards and Uniforms 4,380 Utility Collection Office -Return Envelopes 7,500 All Departments -Employees Life Insurance 3,600 Fire -Firemen's Pension 9,000 Supplements: City Hall -Elevator Maintenance Contract 750 1,753 Civil Defense Salaries 1,000 Creation of Youth Services Department 6,791 (219) Emergency Repair of 24" Sewer Line 2,497 Labor and Materials for moving 36 " supply line under Railroad Trestle 5,200 Cost of land trade for Park 5,880 12,500 Accounting -Transposition Error 360 Tax -Addition Error 550 Engineering -Capital Outlay Added Twice (3,795) Police -Motorcycles bought this year (2,400) Water Reclamation -Addition Error (484) City County Welfare 5,500 Fire -Replace Air Conditioner 1,200 $ 39,368 $ 82,195 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 the hearing be closed and the City of Lubbock Budget be adopted in the amount of $13,168,080, for fiscal year October 1, 1963 thru September 30, 1964. The City Commission considered the accusation of Casey Grimes that J. 0. Tensley, Police Officer, had mistreated him in connection with an arrest in downtown Lubbock. A report was made to the City Commission by City Manager William J. Pitstick. Said report being set- in the permanent file of the City Secretary. The City Manager's report stated in part that "this investigation has revealed no mistreatment of prisoners or misconduct of officers". After this report the City Commission stated that "the case is considered closed.' 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 authorize the Mayor to issue a License for Use of a Public Way (Street Use Licensey to Plan -Ex Corporation. LICENSE FOR USE OF PUBLIC WAY THE STATE OF TEXAS COUNTY OF LUBBOCK This License wade the 12th day of September, 1963, between the City of Lubbock, a Home Rule Municipality, herein called "CITY" and PLAN -EX CORPORATION, a Texas Corporation, herein called "LICENSEE." WITNESSETH: THAT the parties hereto, for the consideration hereinafter expressed, covenant and agree as follows: (1) In consideration of the sum of ONE AND N01100 ($1.00) DOLLAR and other good and valuable consideration, cash in hand paid by LICENSEE, CITY hereby grants LICENSEE a license for the following purpose: To use a portion of the Public Way, as hereinafter fully described, for a vehicular narkinn area with the rivht to make all nPrPsAary imnrnvPmPntc thPrann_ rnnsistpnt with the terms 4 �� SEP 12 1983 of this license and subject to the written approval of the City Engineer and Ordinance of the City of Lubbock, and to maintain same., at the following designated location: A strip of land 35 feet in width as measured perpendicular to the north line of Lot 1, Plan -Ex Addition with said strip of land being parallel to and extending full length of the north line of Lot 1, Plan -Ex Addition to the City of Lubbock, Lubbock County, Texas. This License is granted for the further consideration, and subject to the condition, that LICENSEE, and the successors and assigns of LICENSEE, pay for moving the existing fire hydrant from within the above described premises to a point where it can be used by the fire department, said ~` point to be determined by the City Engineer, and LICENSEE shall pay the cost of relocating said fire hydrant upon the cancellation or revocation of this license or when the State of Texas desires to utilize the above described premises for the construction of a service road. (2) This License is made subject to the condition that LICENSEE, and the successors and assigns of LICENSEE will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants and employees harmless of and from any and all claims, demands, actions, causes of action, suits at law and in equity and costs of whatsoever kind or nature which may grow out of or 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 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 thirty (30) days notice to LICENSEE, Said notice shall be deemed properly served if deposited in the Post Office, postpaid, addressed to LICENSEE at 1120 Slaton Highway, Lubbock, Texas. (5) This License and privilege shall not be transferable in whole or in part, and shall not inure to the benefit of any other person, firm, corporation, or organization other than LICENSEE except upon express written consent of CITY. (6) Upon termination of this License, by revocation and/or cancellation by CITY, by mutual consent of the parties hereto or otherwise, LICENSEE shall remove, at no cost to CITY, any or all improvements thereto, if any, made or placed pursuant to this License if such removal is requested by the CITY. (7) LICENSEE accepts the terms, covenants, and conditions of this License and agrees to be bound thereby. In the event two or more parties execute this instrument as LICENSEE, all covenants 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 benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by LICENSEE, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon CITY without the written consent of CITY in each instance. ATTEST: Lavenia Lowe, City Secretary -Treasurer LICENSEE: PLAN -EX CORPORATION By: President 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 Jack F. Strong, 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 purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12th day of September, 1963. (SEAL) Notary Public, Lubbock County, Texas. '63-22-405-1105 In accordance with the Notice of Zoning Hearing on page 392, hearing was held on Zone Case No. 1134- Request of George R. Forston to change property located East of Beech Avenue at East loth Street from "R-l" to "C-4" zoning district. Mr. Forston appeared in support of this zone change requesting that a fence not be required in the alley -way. No person appeared in protest of this zone change, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented motion was m3ade by Commissioner Simpson, seconded by C-ritissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4188 be passed on first reading to change the zone of Zone Case No. 1134 from "R-1" to "C-4" zoning district. ORDINANCE ORDINANCE NO. 4188 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. 1134: CHANGE A TRACT OF LAND OUT OF SECTION 4, BLOCK 0, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO A "C-4 " ZONING DISTRICT; SUBJECT TO THE FOLLOWING rnNnrT7nNS 106 _p 1 ? t953 63-22-406-1106 In accordance with the Notice of Zoning Hearing on page 392, hearing was held on Zone Case No. 1141- Appeal of Billy Meeks & Company (for John W. Weitinger) to change a tract of land located East of Slide Road 200' South of 26th Street from "R-1" to "R-3" zoning district. Billy Meeks of Billy Meeks & Company appeared in support of this zone change representing John Weitinger. Mr. James Moore, Attorney, appeared in protest representating Mr. and Mrs. S. W. Brunson. The following persons also appeared in protest of this zone change: Mr. Clyde Tatum; Mrs. Jimmy Evans; Mr. W. D. Crosslin; Mr. Matthews; and Mrs. Jackson, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented 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, that Ordinance No. 4189 be passed on first reading to change the zone of Zone Case No. 1141 from "R-1" to "R-3" zoning district. ORDINANCE ORDINANCE NO. 4189 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. 1141: CHANGE A TRACT OF LAND OUT OF SECTION 17, BLOCK B, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN "R-3" ZONING DISTRICT. SUBJECT TO CONDITIONS. 63-22-406-1107 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, that Ordinance No. 4190 be passed on first reading. ORDINANCE ORDINANCE NO..4190 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF EAST 24TH STREET FROM THE EAST LINE OF ASH AVENUE TO THE WEST LINE OF THE NORTH -SOUTH ALLEY BETWEEN ASH AVENUE AND BIRCH AVENUE AND FROM THE EAST LINE OF THE NORTH -SOUTH ALLEY BETWEEN ASH AVENUE AND BIRCH AVENUE TO THE WEST LINE OF BIRCH AVENUE, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONING OF SAID PORTIONS OF EAST 24TH STREET AS AFORESAID. 63-22-406-1108 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and +:ommissioners Llderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED FOR AND ON BEHALF OF THE CITY OF LUBBOCK TO PORTIONS OF EAST 24TH STREET FROM THE EAST LINE OF ASH AVENUE TO THE WEST LINE OF THE NORTH -SOUTH ALLEY BETWEEN ASH AVENUE AND BIRCH AVENUE AND FROM THE EAST LINE OF THE NORTH -SOUTH ALLEY BETWEEN ASH AVENUE AND BIRCH AVENUE TO THE WEST LINE OF BIRCH AVENUE. WHEREAS, the City Commission finds that the following described portions of said East 24th Street heretofore closed and abandoned by Ordinance 4190 is no longer needed for public use as a public street; NOW THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBnCK: 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 The Urban Renewal Agency of the City of Lubbock covering the following described property, to -wit: TRACT 1 BEGINNING at the Southwest corner of Lot 8, Block 5, Wheelock's Second Addition to the City of Lubbock, Lubbock County, Texas THENCE East along the North line of East 24th Street and the South line of said Lot 8 a distance of 140 feet; THENCE South along the West line of the North -South alley between Ash and Birch Avenues a distance of 100 feet; THENCE West along the South line of East 24th Street and the North line of Lot 1, Block 6, Wheelock's Second Addition a distance of 140 feet; THENCE North along the East line of Ash Avenue a distance of 100 feet to the POINT OF BEGINNING. TRACT 2 BEGINNING at the Southwest corner of Lot 9, Block 5, Wheelock's Second Addition to the City of Lubbock, Lubbock County, Texas; THENCE East along the North line of East 24th Street and the South line of said Lot 9 a distance of 140 feet; THENCE South along the West line of Birch Avenue a distance of 50 feet; THENCE West along the center line of East 24th Street a distance of 140 feet; THENCE North along the East line of the North -South alley between Birch and Ash Avenues a distance of 50 feet to the POINT OF BEGINNING. - SECTION 1a. 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 Mossie Lee Localton covering the following described property, to -wit: TRACT 3 BEGINNING at the Northwest corner of Lot 12, Block 6, Wheelock's Second Addition to the City of Lubbock, Lubbock County, Texas; THENCE East along the South line of East 24th Street and the North line of said Lot 12 a distance of 140 feet; THENCE North along the West line of Birch Avenue a distance of 50 feet; THENCE West alone the center line of East 24th Street a distance of 140 feet: 401 SEP I % ,963 qp, md. THENCE South along the East line of the North -South alley between Birch and Ash Avenues a distance of 50 feet to the POINT OF BEGINNING. SECTION 2. THAT the City Secretary shall attest the signa shall affix the seal of the City of Lubbock thereto. Passed by the City Commission this 12th day of September, 19 ATTEST: li�hz//d , 4��y Lavenia lowe, City Secretary -Treasurer QUIT CLAIM DEED THE STATE OF TEXAS, COUNTY OF LUBBOCK of the Mayor to said deeds and JACK 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 NO/100 ($1.00) DOLLARS, to it in hand paid by Urban Renewal Agency of the City of Lubbock 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 Urban Renewal Agency of the City of Lubbock its successors 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 1 BEGINNING at the Southwest corner of Lot 8, Block 5, Wheelock's Second Addition to the City of Lubbock, Lubbock County, Texas THENCE East along the North line of East 24th Street and the South line of said Lot 8 a distance of 140 feet; THENCE South along the West line of the North -South alley between Ash and Birch Avenues a distance of 100 feet; THENCE West along the South line of East 24th Street and the North line of Lot 1, Block 6, Wheelock's Second Addition a distance of 140 feet; THENCE North along the East line of Ash Avenue a distance of 100 feet to the POINT OF BEGINNING. TRACT 2 BEGINNING at the Southwest corner of Lot 9, Block 5, Wheelock's Second Addition to the City of Lubbock, Lubbock County, Texas; THENCE East along the North line of East 24th Street and the South line of said Lot 9 a distance of 140 feet; THENCE South along the West line of Birch Avenue a distance of 50 feet; THENCE West along the Center line of East 24th Street a distance of 140 feet; THENCE North along the East line of the North -South alley between Birch and Ash Avenues a distance of 50 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 Urban Renewal Agency of the City of Lubbock its successors and assigns, forever, so that neither it 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 my hand at Lubbock, Texas this 12th day of September A.D. 1963 ATTEST d Lavenia we, City Secretar -Treasurer rY OF LUBBOCK JACK F. STRONG, Mayor QUIT CLAIM 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 FIVE HUNDRED AND N0/100 ($500.00) DOLLARS, to it in hand paid by Mossie Lee Localton 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 Mossie Lee Localton her heirs and assigns, all its right title and interest in and to that certain tracts or parcels of land lying in the County of Lubbock and State of Texas, described as follows, to -wit: BEGINNING at the Northwest corner of Lot 12, Block 6, Wheelock's Second Addition to the City of Lubbock, Lubbock County, Texas; THENCE East along the South line of East 24th Street and the North line of said Lot 12 a distance of 140 feet; THENCE North along the West line of Birch Avenue a distance of 50 feet; THENCE West along the center line of East 24th Street a distance of 140 feet. - THENCE South along the East line of the North -South alley between Birch and Ash Avenues a distance of 50 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 Mossie Lee Localton her heirs and assigns, forever, so that neither it the said City of Lubbock nor its successors, nor ally 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 my hand at Lubbock, Texas this 12th day of September A. 1963 ATTEST: � � CITY OF L� 0 �; l//d 48 3EP 121263 63-22-408 1109 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize sale of the following described tract of land to Litton Ind., the sale to be subject to a contract of sale to be approved by the City Attorney, Fred Senter. Commissioner Alderson was absent at the time this action was taken. LITTON TRACT OUT OF SECTION 5, BLK. 'A' LUBBOCK COUNTY, TEXAS LEGAL DESCRIPTION FIELD NOTES for a 50.787 tract of land out of Section 5, Block A, Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at a point which bears 70 feet east and 60 feet south of the northwest corner of Section 5, Block A; THENCE S 00 20' E a distance of 1190.3 feet; THENCE N 890 40' E along Loop 289 right-of-way a distance of 20 feet; THENCE southeasterly along a curve to the left with a radius of 513.69 feet an aro length of 138.8 feet to a point of tangency in the Loop right-of-way; THENCE S 150 47' E along Loop 289 right-of-way a distance of 178.8 feet to a point of curvature; THENCE southeasterly along a curve to the right with a radius of 633.69 feet an aro length of 100 feet to a point of reverse curvature; THENCE southeasterly around a curve to the left with a radius of: 75 feet; an aro length of 89.3 feet to a point of tangency in the north line of Loop 289; THENCE S 740 58' E along the north right-of-way line of Loop 289 a distance of 1180 feet; THENCE S 250 27' S a distance of 30 feet to a point in the north right-of-way line of the railroad; THENCE N 640 33' E at 50 feet from and parallel to the centerline of the railroad track, a distance of 229.7 feet to a point; THENCE N 180 27' W a distance of 1961. 7 feet; THENCE S 890 40' W a distance of 970 feet to the place of beginning. 1, Hugo Reed, Licensed Stated Land Surveyer, do hereby certify that this plat is true and correct and that the corner monuments shown hereon were properly placed under my personal supervision. Sept. 10, 1963 /s/ Hugo Reed Licensed Land Surveyer Lubbock, Texas 63-22-408-1110 Motion by `:omnissioner McLarty, seconded by Comissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize Change Order #1 in the amount of $546,503.00 to L. A. Purtell. The proposal is amended to allow the asphalt surfacing of the South 2 of 50th Street until October 15, this being GWO 10400. Change Order #1 130 Blocks Street Paving GWO 10400 Contract of April 1, 1963 To: L. A. Purtell Amount of contract this date $ 546,503.00 Original Completion date July 1, 1964 Additional time this change None Completion date including this change July 1, 6964 xteason for change: The proposal is amended to allow the asphalt surfacing of the South x of 50th Street until October the 15th Original effective dead -line date in the contract proposal October 1, 1963 Additional time due to this change 15 days New effective date (for 50th Street only) October 15, 1963 This change applies to the following units: Unit 2107-1 The South 2 of 50th St. from Ave. U to 318.17' 'Jest of v�v a a �t unit 2.106-1, .'- "s 3-7..-Le South 2 o" 53th it. f: o_-:t tho alley East oft-) :-wx-iu,-�I L. A. PURTELL CITY OF BOCK BY OWNER By Jz6k F. Str , Mayor A ST Laven fa Lowe, City Secret ry RECOMMENDED FOR APPROVAL John T. Hickerson, City Engineer William J. Pitstick, City Manager 63-22-408-1111 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Coissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4191 be passed on first reading. SEP 12 1%3 I 3 ORDINANCE ORDINANCR NO. 4191 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF BIRCH AND CEDAR AVENUES, EAST 28TH STREET AND A ROAD PARALLELING FORT WORTH AND DENVER RAILROAD, 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 PORTIONS OF BIRCH AND CEDAR AVENUES, EAST 28TH STREET AND A ROAD PARALLELING FORT WORTH AND DENVER RAILROAD, AS AFORESAID. 63-22-409-1112 Motion by Commissioner Simpson, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4192 be passed on first reading. Commissioner Alderson was absent at the time this action was taken. ORDINANCE ORDINANCE NO. 4192 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF EAST 50TH STREET, OUT OF THE NORTHEAST ONE- FOURTH OF SECTION 2, BLOCK S, 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 EAST 50TH STREET AS AFORESAID. 63-22-409-1113 Motion by Commissioner Alderson, seconded by Commissioner Simpson, 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, as provided by Art. 836, Vernon's Annotated Civil Statutes of Texas, as amended by Acts of the 51st Leg. the City of Lubbock as authorized and empowered to invest its respective sinking funds for redemption and payment of the outstanding bonds of said City of Lubbock, in bonds of the United States; War Savings Certificates; and certificates of indebtedness issued by the Secretary Treasury of the United States; and WHEREAS, by Ordinance Numbered 1526, 1529, 1834 and 2396, duly passed and enacted by the City Commission of the City of Lubbock, there has been issued certain Water Works System Revenue Bonds, designated in each Ordinance respectively as the'City of Lubbock, Texas, Water Works System Revenue Bonds, Series 1953,0 dated June 1, 1953; 'City of Lubbock, Texas, Water Works System Revenue Bonds, Series 1954,' dated March 1, 1954; 'City of Lubbock, Texas, Water Works System Revenue Bonds, Series 1956,' dated March 1, 1956, and 'City of Lubbock, Texas, Water Works System Revenue Bonds, Series 1958, dated March 1, 1958; and WHEREAS, in each of said Ordinances above numbered herein it was provided that an interest and sinking fund be established, including a reserve fund to pay the obligations created therein, respectively, in the Citizens National Bank of Lubbock, Texas, and designated said interest, sinking and reserve fund as the "Special Water Works System Revenue Bond Retirement and Reserve Fund" and named and made said Bank the custodian of said fund and the paying agent of the Bonds described and authorized to be issued in each of said Ordinances; and WHEREAS, the City Auditor of the City of Lubbock, in compliance with the resolution passed by the City Commission on February 12, 1959, invested the sinking funds designated as "Special Water Works System Revenue Bond Retirement and Reserve Fund of the City of Lubbock" in United States Government Securities as authorized by law; and, WHEREAS, in 1962 an additional investment of $225,000 from the said Special Water Works Reserve Fund was made in United States Securities, and WHEREAS, a portion of the United States Securities have matured, or will hereafter mature, and the time for retirement of the Water Works System Revenue Bonds has not yet arrived, and the City Commission has determined that the best interest of the City of Lubbock and the security of the Retirement Fund will be served by further investments of any additional reserve funds and re -investments of these matured United States Securities so that the said retirement funds will be invested in accordance with Art. 836, V.R.C.S., NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the investment in United States Securities heretofore made in 1962 by the City Auditor in pursuance of the City Commission's Resolution dated February 12, 1959 is hereby ratified and that the City Auditor is further directed to invest any additional reserve portions of the "Special Water Works System Revenue Bond Retirement and Reserve Funds" in United States Securities as approved by law, as well as to re -invest proceeds from United States Securities which were previously acquired and have matured, in United States Securities as authorized by Art. 836, V.R.C.S. All of these United States Securities acquired in compliance with this Resolution are to mature prior to the time when the Water Works System Revenue Bonds are subject for retirement. The Citizens National Bank, as custodian and depository of the said fund is hereby instructed to purchase and invest the said reserve funds and proceeds from matured United States Securities in additional United States Securities, in accordance with the provisions of this Resolution; said purchase and investment by said Citizens National Bank to be made as directed by written order of the City Auditor. SECTION 2. The provisions of this Resolution shall never be construed to change, vary or alter any provision of any ordinance to which it relates, it being the intention of the City Commission to construe said bond ordinances consistent with public policy and Art. 836, R.C.S.T., providing for the investment of sinking funds which in its opinion is part of and read into said bond ordinance, the provisions of which do not exclude, and were never intended to exclude, limit or deny the City Commissions' statutory right to invest said funds, as provided by law. SECTION 3. THAT the City Secretary shall attest the signature of the Mayor to said Deed and shall affix the Seal of the City of Lubbock thereto. Passed by the City Commission this 12th day of Septembe 963. JACK F. STRONG, Mayor ATTEST: ` n / ` f�. 110 SEP 12 194 63-22-410-1114 Motion by Commissioner McLarty, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. Commissioner Alderson was absent at the time this action was taken. RESOLUTION WHEREAS, Paymaster Oil Mill Company has dedicated certain right of way along East 50th Street to the City of Lubbock; an6, WHEREAS, said Paymaster Oil Mill Company has requested that the City of Lubbock provide two openings in the median divider to be constructed in front of the Paymaster Oil Mill Company on East 50th Street; and, WHEREAS, the City Commission finds that such request is just and equitable in view of the above stated facts; NOW THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF ,THE CITY OF LUBBOCK: SECTION 1. THAT the City of Lubbock plan and construct the median divider in the proposed improvements on East 50th Street so as to provide two (2) 75 foot openings in such median together with necessary curb opening$ at existing driveways adjacent to and s ving Paymaster Oil Mill Company property. Passed by the City Commission this 12th day of September, 1963. �-- ACK F. STRONG, Mayor ATTEST: , 1�ohxw Lavenia Lowe, City Secretary -Treasurer PLAT SET IN ON PAGE 410A. 63-22-410-1115 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, that Ordinance No. 4193 be passed as an emergency measure. ORDINANCE ORDINANCE N0. 4193 AN ORDINANCE CORRECTING SECTION 1, SUBSECTION 1, F OF ORDINANCE 4139 DECLARING THE INTENTION OF THE CITY COMMISSION AND DIRECTING THE OFFICIAL MAP BE CORRECTED AND DECLARING AN EMERGENCY FOR THE EFFECTIVE DATE OF THIS ORDINANCE TO BECOME EFFECTIVE IMMEDIATELY. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, MEETING, SEPTEMBER 12, 1963. ATTEST: Lavenig Lowe, City ecretary-Treasurer THE CITY CO',0IS S ION ADJOURNED ? cROH REGULAR L�iK F. S RONG, Mayor READ AND APPROVED THIS THE,' 26th DAY OF September , 1963. ATTEST ;, Laveni Lowe, City ecretary-Treasurer 4- SEP 1 219i PLAT SET IN FROM PACE 410. ITEM NO. 63-22-410-1114 C C L