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Minutes - City Council - Regular - 6/30/1964
404 JUN 3,01%4 64-23-252-698 64-23-252-699 64-23-252-700 64-23-252-701 64-23-252-702 June 30, 1964 Lubbock, Texas REGULAR MEETING: The City Council of the City of Lubbock, Texas, met at 10:00 o'clock a.m. in the regular meeting place in the City Hall, the following members thereof being present, to -wit: Mayor Max Tidmore and Councilmen W. E. Alderson, Jack Kastman and W. E. Medlock, City Attorney Fred 0. Senter, Jr., City Manager William J. Pitstick, Jr., City Secretary -Treasurer Lavenia Lowe. Absent: Councilman Simpson. Invocation was given by Councilman Medlock. Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, to approve Minutes of City Council -Regular Meeting held June 4, 1964. Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4432 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE N0. 4432 WHEREAS, the City Council 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 COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Funds The sum $46,506.00 For the following purpose: Acquire from Pemberton and Tankersley Parcel 246, Loop 289. $38,357.53 - Payable to Pemberton and Tankersley $ 8,048.47 - Payable to Security Life and Accident Company $ 100.00 - Payable for legal and filing fees Charge to GWO 10058. 2120 Amarillo Highway -East side of Amarillo Highway at Loop 289 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4433 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE N0. 4433 WHEREAS, the City Council 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 COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Project Fund The sum $3,098.83 For the following purpose: Installation of water lines ahead of paving at the following locations: 12" in College Ave. at 70th St. $ 687.94 4" in Hickory Ave. at alley South of 34th St. 441.98 Stubs across LaSalle Ave. between 19th St. & 20th St. 600.83 8" in E. 28th St. from Quirt Ave. to Redbud Ave. 1, 368.08 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4435 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4435 AN ORDINANCE AMENDING ORDINANCES NO. 1695 AND NO. 2924 SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 795-A: AMEND ORDINANCE NO. 2924 BY REMOVING A CONDITION IMPOSED THEREON FOR LOTS 10, AND 11, BLOCK 3, WESTMINISTER HEIGHTS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. 64-23-252-703 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4436 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4436 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. 1220-A: CHANGE LOTS 1 AND 2, BLOCK 8, SOUTHPORT ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO A "C-3" ZONING DISTRICT. 64-23-252-704 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4437 be passed on second and final reading. 6c ,mac JUN30W4 Fi F F ORDINANCE ORDINANCE NO. 441 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. 1232: CHANGE LOT 11, BLOCK 2, WOOD-PETERSON SUBDIVISION, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND A TRACT OF LAND IMMEDIAT] TO THE SOUTH EXTENDING NORTH -SOUTH FROM THE SAID LOT 11 TO BAYLOR STREET AND EAST -WEST FROM N. COLLEGE AVENUE TO THE FIRST NORTH -SOUTH ALLEY TO THE EAST, FROM AN "R-3 " TO A "C-4" ZONING DISTRICT. 23-253-705 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4438 be passed on second and final reading. 09+-23-253-706 64-23-253-707 -253-708 64-23-253-709 64-23-253-710 ORDINANCE ORDINANCE NO. 4431 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. 1234: CHANGE LOTS 3 AND 4, BLOCK 1, ANDERSON SUBDIVISION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "R-3 " ZONING DISTRICT SUBJECT TO A CONDITION. Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Coun, men Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4439 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 443' WHEREAS, the City Council 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 COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Unappropriated General Fund Money The sum $6,000.00 For the following purpose: For the 1964 Summer Workreation Program. (Employment by the City of youths.) Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4440 be passed on second and final reading. ORDINANCE ORDINANCE NO. 444 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. 1236: CHANGE LOTS 4, 5, QUAKER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-4 " TO A "M-1" ZONING DISTRICT, WITH USES THEREOF BEING LIMITED TO A CABINET OR WOODWORKING SHOP. Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4441 be passed on second and final reading. ORDINANCE ORDINANCE NO. 444 AN ORDINANCE APPROPRIATING $56,400.00 FOR ADVANCE TO SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION; PROVIDING FOR EVIDENCE OF ADVANCED FEE IN THE FORM OF PROMISSORY NOTE AND MANNER OF PAYMENT. Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4442 be passed on second and final reading. ORDINANCE ORDINANCE NO. 444 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. 1241: CHANGE THE FOLLOWING DESCRIBED PROPERTY FROM AND TO ZONING DISTRICTS INDICATED BELOW. Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4443 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 444 WHEREAS, the City Council 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 COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Electric Capita Project Fund The sum $40,000 64-23-253-711 For the following purpose: Furnish all Materials, Labor and Supervision for the Complete Erection of one Administration Building on Job Site at Holly Avenue and 82nd Street Power Station. Including Street, Parking Area, Water, Sewer, Gas, Electric and Fencing. Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and 54 JUN3004 i4-23-254-712 i4-23-254-713 i4-23-254-714 ORDINANCE ORDINANCE NO. 4444 AN ORDINANCE AMENDING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 934-A; CHANGE A TRACT OF LAND IN SECTION 2, BLOCK E, LUBBOCK COUNTY, TEXAS, MORE FULLY DESCRIBED IN THE BODY OF THIS ORDINANCE, FROM A "C-2" TO A "G--4" ZONING DISTRICT, WITH USES THEREOF BEING LIMITED TO USES ALLOWED IN A "C-2 " DISTRICT PLUS MOTEL USE, SUBJECT TO CONDITIONS. Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and - Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4445 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4445 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. 1238: CHANGE LOTS 19, 20, AND 21, WACASEY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN 11R-1" TO AN "R-3" ZONING DISTRICT: SUBJECT TO CONDITIONS. Motion by Councilman Alderson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4448 be passed as an emergency measure. ORDINANCE ORDINANCE NO. 4448 AN ORDINANCE REPEALING SECTION 18-68.1 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK WHICH DESIGNATES CERTAIN STREETS AS "BOULEVARDS" OR "RIGHT-OF-WAY" STREETS; AMENDING SECTION 18-2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TO PROVIDE THAT THE CITY SECRETARY SHALL KEEP ON FILE EVERY REGULATION, DESIGNATION, DELINEATION OR DETERMINATION PROMULGATED BY THE CITY MANAGER IN ACCORDANCE WITH THE AUTHORITY GIVEN IN SECTION 18-2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK AND DECLARING AN EMERGENCY. Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4449 be passed on first reading. ORDINANCE ORDINANCE NO. 4449 AN ORDINANCE AMENDING ORDINANCE 4192 SO AS TO CORRECT THE FIELD NOTES IN SECTION 1, PARCEL I OF ORDINANCE 4192 DESCRIBING A PORTION OF 50TH STREET; AND REPEALING PARCEL II OF SECTION 1 OF ORDINANCE 4192. 4-23-254-715 Motion by Councilman Alderson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4450 be passed as an emergency measure. ,4-23-254-716 4-23-254-717 AN APPROPRIATION ORDINANCE ORDINANCE NO. 4450 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Sewer Bond Fund The sum $510.00 For the following purpose: Acquire permanent easement from Panhandle & Santa Fe Railway Company across railroad right of way in Section 5, Block B, Lubbock County, Texas. Cost is $500.00 plus $10.00 filing fees. Charge to GWO 10443. Motion by Councilman Medlock, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4451 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4451 WHEREAS, the City Council of the -City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Fund The sum $498.99 For the following purpose: Acquire 1663.3 square feet off of tracts 16 and 17, Block 4, Clutter Addition from Tom Galloway and wife Mabel Galloway and Aulyne K. Breedlove. Consideration $498.99. Charge to GWO 10216. Motion by Councilman Medlock, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4452 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4452 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments -in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 6) F 0,09. JUN 3 0 1964 r r fl 64-23-255-718 64-23-255-719 64-23-255-720 64-23-255-721 There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Fn' The sum $84.94 For the following purpose: Acquire 283.14 square feet off of Lot 18, Block 4, Clutter Addition from Thomas Hernandez and wife, Genoveva R. Hernandez. Consideration of $84.94. Charge to GWO 10216. Motion by Councilman Medlock, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4453 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 445: WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of.City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improve- ment Fund The sum $254.82 For the following purpose: Acquire 849.42 square feet of right of way of Lot 19, Block 4, Clutter Addition from Ray Clark and wife, Leola Clark. Consideration $254.82. Charge to GWO 10216. Motion by Councilman Medlock, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4454 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 445, WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improve- ment Fund The sum $700.00 For the following purpose: Acquire 2335.41 square feet off of Lot 20 and the West kZ of Lot 21, Block 4, Clutter Addition from P. H. Oates and wife, Lillie May Oates. Consideration $700.00. Charge to GWO 10216. Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4446 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 444 WHEREAS, the City Council 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 COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: 1963 Electric Bond Fund The sum $9,600.00 For the following purpose: To complete the 69 KV transmission line from Holly Plant to 74th and Avenue P, and to complete the transformer and breaker structure and equi ment at Holly Plant. Additional expenses were incurred due to approxima $12,000 right-of-way costs and higher costs of breakers and structure than was anticipated. Change orders will reflect as follows: EWO 12333-$5,600.00 EWO 12335-$4,000.00 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4447 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 444 WHEREAS, the City Council 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 COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: 1963 Electric Bond Fund The sum $3,500.00 -23-255-722 For the following purpose: Labor and materials for installation of communication equipment consisting of 2-way base and remote radio, PA System, Telephones, and Temporary Communications Building. (Holly Avenue Power Plant) Motion by Councilman Medlock. seconded by Councilman Alderson. motion carried. Mavor Tidmore and 16 JUN 3 0 Councilmen Alderson, Kastman, and Medlock 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 A PORTION OF EAST 24TH STREET FROM CEDAR TO DATE AVENUES, MORE FULLY DESCRIBED IN THE BODY OF THIS RESOLUTION. WHEREAS, the City Council finds that the following described portions of East 24th Street heretofore closed and abandoned by Ordinance No. 4423 is no longer needed for public use as a public street; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL 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 Dr. J. A. Chatman covering the following described property, to -wit: BEGINNING at the Southwest corner of Lot 8, Block 21, Wheelock's Second Addition to the City of Lubbock, Lubbock County, Texas; THENCE East along the South line of said Lot and along the North line of East 24th Street a distance of 140 feet to the Southeast corner of said Lot; THENCE South along an extension of the West line of the North -South alley between Cedar and Date Avenues a distance of 100 feet to the Northeast Corner of Lot 1, Block 22, Wheelock's Second Addition; THENCE West along the North line of said Lot 1 and along the South line of East 24th Street a distance of 140 feet to the Northwest corner -of said Lot 1; THENCE North along an extension of the East line of Cedar Avenue a distance of 100 feet to the POINT OF BEGINNING. SECTION 2. THAT the City Secretary shall attest to the signature of the Mayor to said deed and shall affix the seal of the City of Lubbock thereto. Passed by the City Council this 30th day of June, 1964. r/ MAYOR RhIll; ATTEST: Gq?_ C ( 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 Municipality of the County of Lubbock and State of Texas, for and in consideration of the sum of TWO THOUSAND FIVE HUNDRED AND NO/100 ($2,500.00) DOLLARS and other good and valuable consideration to it in hand paid by Dr. J. A. Chatman 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 Dr. J. A. Chatman of the City of Lubbock, 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: BEGINNING at the Southwest corner of Lot 8, Block 21, Wheelock's Second Addition to the City of Lubbock, Lubbock County, Texas; THENCE East along the South line of said Lot and along the North line of East 24th Street a distance of 140 feet to the Southeast corner of said Lot; THENCE South along an extension of the West line of the North -south alley between Cedar and Date Avenue a distance of 100 feet to the Northeast corner of Lot 1, Block 22, Wheelock's Second Addition; THENCE West along the North line of said Lot 1 and along the South line of East 24th Street a distance of 140 feet to the Northwest corner of said Lot 1; THENCE North along an extension of the East line of Cedar Avenue a distance of 100 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 Dr. J. A. Chatman, his heirs and assigns, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right to title to the aforesaid premises or appurtenances, or any part thereof, WITNESS my hand at Lubbock, Texas this 30th day of June, 1964. CIT C BY: MAYOR ATTEST:l//d Lavenia Lowe, City Secretary -Treasurer 4-23-256-723 Motion by Councilman Medlock, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION a) JUN 3 01964 1 r r r 11 OF LUBBOCK TO A PORTION OF EAST 24TH STREET FROM THE EAST LINE OF THE ALLEY BETWEEN CEDAR AND DATE AVENUES TO THE WEST LINE OF DATE AVENUE, MORE FULLY DESCRIBED IN THE BODY OF THIS RESOLUTION. WHEREAS, the City Council finds that the following described portions of East 24th Street heretofore closed and abandoned by Ordinance No. 4423 is no longer needed for public use as a public street; NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL 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 the Urban Renewal Agency of the City of Lubbock, a corporation, covering the following described property, to -wit: BEGINNING at the Southwest corner of Lot 9, Block 21, Wheelock's Second Addition to the City of Lubbock, Lubbock County, Texas; THENCE East along the South line of said Lot 9, the same being the North line of East 24th Street, a distance of 140.0 feet to the Southeast corner of said Lot; THENCE South along an extension of the West line of Date Avenue a distance of 50.0 feet to a point; THENCE West parallel to and 50.0 feet South of the North line of said East 24th Street a distance of 140.0 feet to a point in the East line of the North -south alley between Cedar and Date Avenues as extended; THENCE North a distance of 50.0 feet to the POINT OF BEGINNING. SECTION 2. THAT the City Secretary shall attest to the signature of the Mayor to said deed and shall affix the seal of the City of Lubbock thereto. '� « Passed by the City Council this 30th day of June, 1964. 1��4 MAYOR ATTEST: 1�9h&14-11 extz� 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 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 and other good and valuable consideration to it in hand paid by the Urban Renewal Agency of the City of Lubbock, a corporation, 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, a corporation, 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: BEGINNING at the Southwest corner of Lot 9, Block 21, Wheelock's Second Addition to the City of Lubbock, Lubbock County, Texas; THENCE East along the South line of said Lot 9, the same being the North line of East 24th Street, a distance of 140.0 feet to the Southeast corner of said Lot; THENCE South along an extension of the West line of Date Avenue a distance of 50.0 feet to a point; THENCE West parallel to and 50.0 feet South of the North line of said East 24th Street a distance of 140.0 feet to a.point in the East line of the North -south alley between Cedar and Date Avenues as extended; THENCE North a distance of 50.0 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, a corporation, its successors and assigns, nor any person or persons claiming under it shall at any time hereafter, have, claim or demand any right to title to the aforesaid premises or appurtenances, or any part thereof. WITNESS my hand at Lubbock, Texas this 30th day of June, 1964. ATTEST: �Rzhzlml enf Lavenia Lowe, City Secretary -Treasurer ITY LUBBOCK MAYOR 64-23-257-724 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 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 an acceptance of a Pipe Line License, crossing under Fort Worth and Denver Railway Company, tract No. 3, and right of way in an easterly -westerly direction at Ash Avenue and 26th Street in said City of Lubbock from Fort Worth and Denver Railway Company described in the attached License, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution 5 8 in 3 01964 z Passed by the City Council this 30th day of June, 1964. ATTEST: ' 1�9h*llwlv Lavenia Lowe, City Secretary -Treasurer CONTRACT FOR PIPE LINE ACROSS OR ALONG RIGHT OF WAY MAX TIDMORE, Mayor THIS AGREEMENT, Made and entered into as of May 6, 1964, 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 Lubbock, Lubbock County, Texas -crossing under Railway's track No. 3 and right of way in an easterly -westerly direction at Ash Avenue and 26th Street and construct and thereafter maintain across or along said premises at the sole expense of Licensee, a Twelve (12) inch pipe line to be used foR.P?2j2J!3g Water only, the location of said pipe line being shown in red on the Railway's print No. —_m hereto attached and made a part hereof. Article 2: The top of said 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 iron 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. 105999D 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 covenants 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 employes), 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 employes, 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 to 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 herein contained, Railway shall have the right to terminate this license forthwith and without notice. 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. 11 Article 7: The Licensee shall not transfer or assign this license without the written consent of Railway. The said license shall be binding unon the heirs. personal representatives. successors JUN 3 0 1964 r I 11 r F 64-23-259-725 64-23-259-726 In Witness Whereof, the parties hereto have caused this agreement to be executed on the day and year first herein written. ATTEST: Secretary. ATTEST: APPROVED AS TO FORM: /s/ J. C. Street Attorney. Recommended: /s/ E. A. Graham Assistant Chief Engineer Superintendent FORT WORTH AND DENVER RAILWAY COMPANY. By, Its Vice President City of Lubbock Licensee. By Its Mayor General Superintendent Motion by Councilman Alderson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 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 Quit Claim Deed to the partnership of Mel McDougle, Max B. Caraway and J. B. Parkinson attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 30th day of June, 1964. i ATTEST: e4 Lavenia Lowe, City Secretary -Treasurer QUIT CLAIM DEED e MAX TTDMORE, yor THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: THAT the City of Lubbock, a Home Rule Municipality of the County of Lubbock and State of Texas, for and in consideration of the sum of ONE AND NO/100 ($1.00)DOLLARS and other good and valuable consideration to it in hand paid by Mel McDougle, Max B. Caraway and J. B. Parkinson, a partnership, of the County of Lubbock and State of Texas, the receipt of which is -hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE AND FOREVER QUIT CLAIM unto the said Mel McDougle, Max B. Caraway and J. B. Parkinson, a Partnership, of the City of Lubbock, 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 Lot B, Windsor Heights Addition to the City of Lubbock, Lubbock County, Texas, more fully described by metes and bounds as follows: BEGINNING at a point in the South line of said Lot B which is 497.3 feet West of the Southeast corner of said lot; THENCE North a distance of 127.0 feet to a point in the North line of said lot; THENCE West a distance of 2.0 feet to a point; THENCE South a distance of 127.0 feet to a point; THENCE East a distance of 2.0 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 Mel McDougle, Max B. Caraway and J. B. Parkinson, a partnership, their successors and assigns, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right to title to the aforesaid premises or appurtenances, or any part thereof. WITNESS my hand at Lubbock, Texas, this 30th day of June, 1964. CI BBOCjZ + BY !' F MAX TIDMAE,-Mayor ATTEST: LAVENIA LOWE, City Secretary -Treasurer Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 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 Quit Claim Deed to Weldon R. Steele attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. [C JUN 3 01964 L 64-23-260-727 Passed by the City Council this 30th day of June, 1964. MAX TIDMORE, Mayor ATTEST: V&'to a �� ��`` ff'' 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 Municipality of the County of Lubbock and State of Texas, for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by Weldon R. Steele 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 -Weldon R. Steele of the City of Lubbock, 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: Being the East 2.0 feet of Lot 6, Willowick Addition to the City of Lubbock, Lubbock County, Texas. 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 Weldon R. Steele, his heirs and assigns, nor any person or persons claiming under it shall, at any time hereafter, have, claim, or demand any right to title to the aforesaid premises or appurtenances, or any part thereof. WITNESS my hand at Lubbock, Texas, this 30th day of June, 1964. CI MAX TIDMORE, Mayor ATTEST: A&Z"; 4�4e Lavenia Lowe, City Secretary-TreadfUrer Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, the City Council finds that the utility easement held by the City of Lubbock lying between the West right of way line of Vicksburg Avenue and the Southeast right of way line of the Brownfield Highway is no longer needed or required for a public use or utility easement: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL 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 Bender Properties, Inc., Lubbock County, Texas, covering the following described property located in Lubbock County, Texas, to -wit: That portion of an electric transmission and distribution line easement granted to the City of Lubbock by Bender Properties, Inc., and recorded in Volume 615, Page 582, Lubbock County Deed Records which lies between the West right of way line of Vicksburg Avenue and the Southeast right of way line of the Brownfield Highway (U.S. Highway 62). 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. 0 Passed by the City Council this.30th day of June, 1964. MAX TIDMORE, Mayor ATTEST:i�L&_Z411 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 Municipality of the County of Lubbock and State of Texas, for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS, to it in hand paid by Bender Properties, Inc., a Corporation 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 Bender Properties, Inc., 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: That portion of an electric transmission and distribution line easement granted to the City of Lubbock by Bender Properties, Incorporated and recorded in Volume 615, Page 582, Lubbock County Deed Records which lies between the West right of way line of Vicksburg Avenue and the Southeast right of way line of the Brownfield Highway (U.S. Highway 62). 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 Bender Properties, Inc., its successors and assigns, forever, so that neither it the said City of Lubbock not its successors and assigns, nor any person or persons claiming under it shall, at any time hereafter, have claim or demand any right to title to the aforesaid premises or appurtenances, or any part thereof. WITNESS my hand at Lubbock, Texas this 30th day of June, 1964. ATTEST:MAX TIDMORE, Mavor +)c JUN 3 0 19W r 7 I r r 64-23-261-728 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 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 Temporary Working Easement for a Sanitary Sewer Line attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 30th day of June, 1964. 1 ATTEST: hll/�ezvz( r Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK . ��a/ �4 4��� MAX TIDMORE, Mayor TEMPORARY WORKING EASEMENT FOR A SANITARY SEWER LINE KNOW ALL MEN BY THESE PRESEN THAT, RICHARD ADAMS, a single man; ANNIE LOU ADAMS, a feme sole; and MINNIE J. POWERS, a widow, being the sole owners of certain hereinafter described land in Lubbock County, Texas, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS to them cash in hand paid by the City of Lubbock, a Home Rule Municipality located in Lubbock County, Texas, the receipt of which is hereby acknowledged and confessed do hereby give and grant to the City of Lubbock a temporary working easement for the construction of a sanitary sewer trunk line upon property adjacent to the property herein described, and this temporary easement shall automatically and in all respects expire and revert to the grantors herein and their heirs and assigns without further writing or action sixty (60) days after such line is completely installed and covered up; such temporary working easement being described as follows: A strip of land out of the Southwest k of Section 11, Block A, Lubbock County, Texas, and being adjacent and parallel to the North side of Loop 289 and the East side of North College Avenue (F.M. 1264) said 25.0 foot strip of land extends from the Northwest corner of the Southwest k of Section 11, Block A, in a Southerly and Southeasterly direction along the right of way lines of said North College Avenue and Loop 289 to Engineer Station 270 + 16 on said Loop 289. Said description being more particularly located by the ORANGE colored portion of the attached map which is hereby made a part of this easement. It is understood and agreed and this easement is executed upon the condition that the grantee herein obligates itself and agrees that after the construction, of such sanitary sewer trunk line such premises will be restored to substantially the same condition as the same were in prior to such construction, and all rock larger than 1 inch in diameter displaced by excavation shall be removed from the top 18 inches of the soil, without cost to grantors, their heirs and assigns. It is further understood and agreed that this easement is executed upon the condition that the grantee herein obligates itself and agrees to reimburse the grantors in the amount of money equal to the value of the destroyed or permanently damaged crops growing on the herein described property which arise out of and are incident to the use of this easement for the purposes herein stated. TO HAVE AND TO HOLD all and singular the above described uses, rights and easements together with the full right of ingress, egress, and regress for any and all purposes necessary for the construction, of the sewer line improvement herein contemplated unto the City of Lubbock its legal representatives and assigns to their proper use and behalf. This easement shall be binding upon the heirs and assigns of the grantors herein. WITNESS OUR HANDS this loth day of June, 1964. i ATTEST: Lavenia Lowe, City Secretary -Treasurer /s/ Richard Adams /s/ Annie Lou Adams /s/ Minnie J. Powers WB OF BI_A TIDMORE,7 Mayor 64-23-261-429 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 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 Temporary Working Easement for a sanitary Sewer Line attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 30th day of June, 1964. MAX TIDMORE, Mayor ATTEST: Lavenia Lowe_ Citv Secretarv-Treasurer )2 JUN 3 0 W4 TEMPORARY WORKING EASEMENT FOR A SANITARY SEWER LINE THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: THAT, 0. C. HORNE and wife, BESSIE LEE HORNE being the sole owners of certain hereinafter described land in Lubbock County, Texas, for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS to them cash in hand paid by the City of Lubbock, a Home Rule Municipality located in Lubbock County, Texas, the receipt of which is hereby acknowledged and confessed do hereby give and grant to the City of Lubbock a temporary working easement for the construction of a sanitary sewer trunk line upon property adjacent to the property herein described, and this temporary easement shall automatically and in all respects expire and revert to the grantors herein and their heirs and assigns without further writing or action sixty (60) days after such line is completely installed and covered up; such temporary working easement being described as follows: A strip of land 25.0 feet in width out of the South � of Section 11, Block A, Lubbock County, Texas, and being on the North side of adjacent and parallel to the North right of way line of Loop 289. Said 25.0 foot strip of land extends from Engineer Station 283 + 36 Engineer Station 309 + 21 on said Loop 289. Said description being more particularly located by the YELLOW colored portion of the attached map which is hereby made a part of this easement. It is understood and agreed and this easement is executed upon the condition that the grantee herein obligates itself and agrees that after the construction of such sanitary sewer trunk line such premises will be restored to substantially the same condition as the same were in prior to such construction and all rock larger than 1 inch in diameter displaced by excavation shall be removed from the top 18 inches of the soil, without cost to grantors, their heirs and assigns. It is further understood and agreed that this easement is executed upon the condition that the grantee herein obligates itself and agrees to reimburse the grantors in the amount of money equal to the value of the destroyed or permanently damaged crops growing on the herein described property which arise out of and are incident to the use of this easement for the purposes herein stated. TO HAVE AND TO HOLD all and singular the above described uses, rights and easements together with the full right of ingress, egress, and regress for any and all purposes necessary for the construction of the sewer line improvement herein contemplated unto the City of Lubbock its legal representatives and assigns to their proper use and behalf. This easement shall be binding upon the heirs and assigns of the grantors herein. WITNESS OUR HANDS this 9th day of June, 1964. /s/ 0. C. Horne /s/ Bessie Lee Horne CI L � BY . a MAX TIDMORE, Mayor ATTEST: 9zhl//!/ Lavenia Lowe, City Secretary -Treasurer 64-23-262-730 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that the following Resolutions be passed. RESOLUTION A RESOLUTION AUTHORIZING THE GRANT AND EXECUTION OF A RIGHT OF WAY EASEMENT BY THE CITY OF LUBBOCK ACTING BY AND THROUGH ITS MAYOR, TO THE UNITED STATED OF AMERICA FOR A WATER PIPE LINE OR CONDUIT OUT OF THE EAST ONE-HALF OF SECTION 1, BLOCK B, LUBBOCK COUNTY, TEXAS. WHEREAS, it appears to be in the best interest of the inhabitants of the City of Lubbock and the United States of America that the United States of America be granted an assignable easement and right-of-way out of land owned and held by the City of Lubbock out of the East k of Section 1, Block B, Lubbock County, Texas; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock grant an easement and right-of-way for the purpose of constructing and maintaining a pipe line or conduit in, over, and across those lands specifically described in that instrument termed "Contract and Grant of Water Pipeline Right -of -Way Easement" which is attached hereto and hereby made a part hereof by reference. THAT the Mayor be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock said "Contract and Grant of Water Pipeline Right -of -Way Easement" and as evidence thereof the City Secretary shall attest execution of such instrument and affix the seal of the City of Lubbock thereto who shall then thereupon spread upon the minutes of the Council said "Contract and Grant of Water Pipeline Right -of -Way Easement" and as spread upon the minutes of this Council all of said instrument shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 30th day of June, 1964. I ATTEST: A�&1141 6?Z( Lavenia Lowe, City Secretary -Treasurer 0 MAX TIDMORE, Mayor UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION rANAnTAN RTUVR PRn.TRrT TRYAC guru 3 01964 26 l THIS CONTRACT AND GRANT OF EASEMENT, Made this 30th day of June, 1964, pursuant to the Act of Congress approved June 17, 1902 (32 Stat. 388), and acts amendatory thereof or supplementary thereto, between THE UNITED STATES OF AMERICA, hereinafter styled the United States, acting through such officer as is authorized therefor by the Secretary of the Interior, and the City of Lubbock, a municipal corporation of the State of Texas, hereinafter referred to as the City; WITNESSETH The following grant and mutual covenants by and between the parties: 1. a. For the consideration hereinafter expressed, the City does hereby grant unto the United States, its successors and assigns, a perpetual easement to survey, construct, reconstruct, operate, inspect, maintain, and remove a water pipeline or conduit, and appurtenances thereto, or any part thereof, for the transportation of water through, over, and across those lands specifica] described in "Schedule A", attached hereto, incorporated herein, and hereby made an integral part hereof by reference. b. The City does hereby further grant and convey to the United States, its successors and assigns, a temporary and assignable easement and right-of-way and such other uses as required in connection with the construction of said pipeline or conduit in, over, and across those lands specifically described in "Schedule B", attached hereto, incorporated herein, and hereby made an integral part hereof by reference. Said rights are required for the use of the Canadian River Project, Texas, United States Department of the Interior, Bureau of Reclamation. 2. The grant of easement herein contained shall include: (a) The perpetual right to enter upon said premises to survey, construct, reconstruct, operate, maintain, and remove said water pipeline or conduit, and appurtenances, (b) the exclusive right to remove from or place on earth, rock, or other materials, and the right to trim, cut, and remove brush and other vegetative structure (c) the right of ingress and egress for men, materials and equipment for utilizing the easement granted, and (d) the right of the United States to construct, operate, and maintain minor surface structures appurtenant to said water pipeline or conduit. If such minor structures are constructed, said structures will be approximately 6 feet square in area and approximately 3 feet in height above the ground surface. If such minor structures are constructed, they will be paid for at the rate of $200.00 per structure. 3. During construction, suitable cross-overs shall be installed over the pipe trenches as needed by the City. All fences and drainage or irrigation systems cut or disturbed shall be repaired by the United States in a good and workmanlike manner. Before a fence is cut by the United States, it shall be properly supported on either side of the contemplated opening by suitable posts and braces, and gates shall be provided at fence openings where required. Nothing contained herein shall designate or limit the dates in connection with the construction and operation of said pipeline and appurtenances thereto. The pipeline shall be buried at a sufficient depth so as not to interfere with cultivation of the soil. Topsoil shall be separated from subsoil during excavation and topsoil removed from excavation shall be replaced as backfill in the uppermost part of the excavation to a depth as shall exist previous to excavation but not to exceed 18 inches, and all excess subsoil shall be removed from the City's land at the expense of the United States. 4. Said grant of easement shall not preclude the right to cultivate, use, and enjoy the premises for any purposes which will not constitute an interference with the easement, rights, and privileges herein granted, or endanger facilities constructed; including the right to construct, operate and maintain crossings for water, power, telephone, telegraph, sewer and gas lines over said water pipeline right-of-way, including the right to permit like use by third parties; but said rights reserved to City shall not extend to or include the erection of any buildings, reservoirs, or structures, or permission to the public to use any part thereof. All features proposed by City or by third parties on the easement area shall be constructed, operated and maintained without expense to the United States. City will issue -notice to the United States before any construction is initiated. Said grant is subject to rights -of -way of record and in use. 5. The City, its successors, or assigns, or agricultural lessees, if any, are to be paid for all damages to fences, crops, livestock, trees, drainage or irrigation systems, and personal property as a result of and during construction, operation, and maintenance of the pipeline. -The amount of damages is to be determined by an appraisal approved by the Secretary of the Interior or his duly authorized representative made on or about the date the damage occurs. 6. The United States shall exercise due care and diligence in the use of the rights and privileges herein granted to it. In case of permanent abandonment of said right-of-way, as evidenced by a written notice to that effect from the United States through its authorized representa tives or its assigns, the title and interest herein granted shall end, cease, and determine, and title shall revert to the then owner. 7. The grant of easement herein contained is subject to the rights -of -way of any nature what- soever of record and in use. This grant shall not be construed as in anywise affecting mineral rights of the City or others. 8. It is a condition precedent to the payment to the City of the sum named herein that the title to the premises described herein shall be vested in the City, subject only to the interest of the United States hereunder and to the matters set out in Article 7 hereof and to such other defects, interests, or encumbrances as may be waived in writing by the United States. 9. The City shall procure and have recorded without cost to the United States all assurances of title and affidavits which the City may be advised by the United States are necessary and proper to show in the City title sufficient to grant the above easement free and clear of encumbrances subject only to the interest, liens, or encumbrances expressly excepted herein. Abstracts or certificates of title or title insurance will be procured by the United States at its expense. The expense of recording this contract shall be borne by the United States. 10. If the Secretary of the Interior determines that the interest described in Article 1 above should be acquired by judicial procedure, either to procure a safe title or for any other reason, the City and the United States hereby stipulate that the ultimate award to the City for the interest _J �u described in Articles 1 and 2 above, shall be the same as the purchase price hereinafter stated ;n 4 JUN 3 01964 Article 12, but should the City own a lesser interest than that described in Articles 1 and 2 hereof, such award shall not exceed that portion of the purchase price stated in Article 12 which the value of such lesser interest bears to the value of the entire estate described in the said Articles 1 and 2. 11. The City warrants that no person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial agencies maintained by the City for the purpose of securing business. For breach or violation of this warranty, the United States shall have the right to annul this contract without liability, or in its discretion to require the City to pay, in addition to the contract price or consideration, the full amount of such commission, percentage, brokerage, or contingent fee. 12. As complete consideration for the above grant of easement and for the rights and privileges provided in this contract, the United States agrees to pay the City the sum of Dollars Q ). Future damages payments accruing.under Article 5 will be made by the United States or its assigns on the basis of a determination as therein provided to be made. Future minor structures will be paid for by the United States or its assigns on the basis provided in Article 2. 13. The terms and conditions hereof shall be binding upon and inure to the benefit of the heirs, executors, administrators, devisees, successors, trustees, or assigns of the parties hereto. 14. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit that may arise herefrom but this restriction shall not be construed to extend to this contract if made with a corporation or company for its general benefit. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. THE UNITED STATED OF AMERICA By Title: Pro'ect Construction Eagineer MV RE,iMa r ATTEST: Lavenia Lowe, City Secretary -Treasurer SCHEDULE A LANDS IN LUBBOCK COUNTY, TEXAS, WHICH ARE THE SUBJECT OF THIS GRANT OF EASEMENT A tract or parcel of land lying and situate in the East � of Section 1, Block B, Lubbock County, Texas, more particularly described as follows: Beginning at a point on the North boundary of said Section 1, whence the Northeast corner of said Section 1 bears East, a distance of 83.70 feet; thence East, 30.00 feet; thence South 000 01' 29" East, 429.21 feet to point of curve; thence 391.96 feet along the arc of said curve to the right, having a radius of 412.00 feet; thence South 540 29' 01" West, 17.76 feet, to point of curve; thence 347.34 feet along the arc of said curve to the left, having a radius of 388.00 feet; thence South 030 11' 31" West, 48.24 feet, to point of curve; thence 343.15 feet along the arc of said curve to the left, having a radius of 388.00 feet; thence South 470 28' 51" East, 126.36 feet, to point of curve; thence 341.46 feet along the arc of said curve to the right having a radius of 412.00 feet; thence South 000 00' 17" West, 1,959.92 feet; thence West, 30.00 feet; thence North 000 00' 17" East, 1,959.92 feet, to point of curve; thence 316.59 feet along the arc of said curve to the left, having a radius of 382.00 feet; thence North 470 28' 51" West, 126.36 feet to point of curve; thence 369.68 feet along the arc of said curve to the right having a radius of 418.00 feet; thence North 030 11' 31" East, 48.24 feet to point of curve; thence 374.19 feet along the arc of said curve to the right, having a radius of 418.00 feet; thence North 541 29' 01" East, 17.76 feet to point of curve; thence 363.42 feet along the arc of said curve to the left having a radius of 382.00 feet; thence North 000 01' 29" West, 429.21 feet to point of beginning, containing 2.76 acres of land, more or less. SCHEDULE B LANDS IN LUBBOCK COUNTY, TEXAS, WHICH ARE THE SUBJECT OF THIS GRANT OF TEMPORARY EASEMENT A tract or parcel of land lying and situate in the East 'k of Section 1, Block B, Lubbock County, Texas, more particularly described as follows: Beginning at a point on the North boundary of said Section 1, whence the Northeast corner of said Section 1 bears East, a distance of 83.70 feet; thence South 000 01' 29" East, 429.21 feet to point of curve; thence 363.42 feet along the arc of said curve to the right, having a radius of 382.00 feet; thence South 540 29' 01" West, 17.76 feet to point of curve; --- thence 374.19 feet along the arc of said curve to the left, having a radius of 418.00 feet; thence South 030 11' 31" West, 48.24 feet to point of curve; thence 369.68 feet along the arc of said curve to the left, having a radius of 418.00 feet; thence South 470 28' 51" East, 126.36 feet to point of curve; thence 316.59 feet along the arc of said curve to the right, having a radius of 382.00 feet; thence South 000 00' 17" West, 1959.92 feet; thence West, 15,00 feet; thence North 000 00' 17" East, 1959.92 feet to point of curve; thence 304.16 feet along the arc of said curve to the left having a radius of 367.00 feet; thence North 470 28' 51" West, 126.36 feet, to point of curve; thence 382.95 feet along the arc of said curve to the right having a radius of 433.00 feet; thence North 030 11' 31" East. 48.24 feet. to point of curve; I JUN 3 01964`� r F r F thence North 540 29' 01" East, 17.76 feet to point thence 349.15 feet along the arc of said curve to thence North 000 01' 29" West, 429.21 feet; of curve; the left, having a radius of 367.00 feet; thence East, 15.00 feet to point of beginning, containing 1.38 acres of land, more or less. RESOLUTION A RESOLUTION AUTHORIZING THE GRANT AND EXECUTION OF A RIGHT OF WAY EASEMENT BY THE CITY OF LUBBOCK ACTING BY AND THROUGH ITS MAYOR, TO THE UNITED STATES OF AMERICA FOR A WATER PIPE LINE OR CONDUIT IN THE NORTH ONE-HALF OF SECTION 12, BLOCK A, LUBBOCK COUNTY, TEXAS. WHEREAS, it appears to be in the best interest of the inhabitants of the City of Lubbock and the United States of America that the United States of America be granted an assignable easement and right-of-way out of land owned and held by the City of Lubbock out of the North k of Section 12, Block A, Lubbock County, Texas, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock grant an easement and right-of-way for the purpose of constructing and maintaining a pipe line or conduit in,over, and across those lands specifically described in that instrument termed "Grant of Easement" which is attached hereto and hereby made a part hereof by reference. THAT the Mayor be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock said "Grant of Easement" and as evidence thereof the City Secretary shall attest execution of such instrument and affix the seal of the City of Lubbock thereto who shall then thereupo spread upon the minutes of the Council said "Grant of Easement" and as spread upon the minutes of this Council all of said instrument shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 30th day of June, 1964. v -rn ATTEST: 1 Lavenia Lowe', City Secretary-Trdhsurer GRANT OF EASEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: �f e_7 ! MAX TIDMORE, Mayor . That the City of Lubbock, a municipal corporation of the State of Texas, for and in consideratio of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant to the United States of America, its successors and assigns, the right to survey, construct, reconstruct, and perpetually operate and maintain a water pipeline or conduit, together with all appurtenances necessary thereto, or any part thereof, for the transportation of water through, over and across lands specifically described in Schedule "A", attached hereto, incorporated herein, and hereby made an integral part hereof by reference, and a temporary and assignable easement and right-of-way and such other uses as required in connection with the construction of said pipeline or conduit in, over and across those lands specifically described in Schedule "B", attached hereto, and hereby made an integral part hereof by reference. Said grant shall include the perpetual and exclusive right to remove from or place on earth, rock, or other materials, and the right to trim, cut, and remove brush and other vegetative structures, the right of ingress and egress for men, materials and equipment for utilizing the easement granted, and the right of the United States to construct, operate, and maintain minor surface structures appurtenant to said water pipeline or conduit. Said grant of easement shall not preclude the right to cultivate, use, and enjoy the premises for any purposes which will not constitute an interference with the easement, rights, and privileges herein granted, or endanger facilities constructed; including the right to construct, operate and maintain crossings for water, power, telephone, telegraph, sewer and gas lines over said water pipeline right-of-way, including the right to permit like use by third parties; but said rights reserved to GRANTOR shall not extend to or include the erection of any buildings, reservoirs, or structures, or permission to the public to use any part thereof. All features proposed by Grantor or by third parties on the easement area shall be constructed, operated and maintained without expense to the United States. Grantor will issue notice to the United States before any construction is initiated. Said grant is subject to rights -of -way of record and in use. TO HAVE AND TO HOLD the same perpetually to the United States of America, its successors and assigns, together with the right and privilege at any and all times to enter said premises, or any part thereof, for the purposes aforesaid. WITNESS MY HAND, this the 30th day of June, 1964. CITY LUBBOCK Ma ATTEST: RIII&111Z City Secretary SCHEDULE A Lands in Lubbock County, Texas, which are subject to this Grant of Easement A tract or parcel of land lying and situate in the North k of Section 12, Block A, Lubbock County, Texas, more particularly described as follows: Beginning at a point in said Section 12; whence the Northeast corner of said Section 12 bears North 86 27' 23 " East, a distance of 652.83 feet; thence South 000 01' 52" East, 20.00 feet; thence South 890 58' 08" West, 784.93 feet to point of curve; tho»no ion Aq fcct n1--ft th- am -4: c�4A n..r t» 4-U- 1-.F+- 1,, n--A:.... ..G 77QA 04 G..s . 60 .JUN 3 01964 thence South 810 27' 01" West, 204.22 feet to point of curve; thence 209.19 feet along the arc of said curve to the right, having a radius of 1400.84 feet; thence North 890 59' 37" West, 2905.37 feet to point of curve; thence 376.99 feet, along the arc of said curve to the left, having a radius of 240.00 feet; thence South 000 00' 23" West, 642.87 feet to point of curve; thence 443.30 feet along the arc of said curve to the right, having a radius of 410.00 feet; thence South 610 57' 23" West, 33.75 feet to a point on the West boundary of said Section 12; thence North, 22.66 feet; thence North 610 57' 23" East, 23.09 feet to a point of curve; thence 421.68 feet along the arc of said curve to the left, having a radius of 390.00 feet; thence North 000 00' 23" East, 642.87 feet to point of curve; thence 408.41 feet along the arc of said curve to the right, having a radius of 260.00 feet; thence South 890 59' 37" East, 2905.37 feet to point of curve; thence 206.20 feet along the arc of said curve to the left, having a radius of l380.84 feet; thence North 810 27' 01" East, 204.22 feet to point of curve; thence 193.41 feet along the arc of said curve to the right, having a radius of 1300.84 feet; thence North 890 58' 08" East, 784.93 feet to point of beginning, containing 2.66 acres of land, more or less. SCHEDULE B LANDS IN LUBBOCK COUNTY, TEXAS, WHICH ARE SUBJECT TO THIS GRANT OF TEMPORARY EASEMENT A tract or parcel of land lying and situate in the North 'k of Section 12, Block A, Lubbock County, Texas, more particularly described as follows: Parcel No. 1 Beginning at a point in said Section 12, whence the Northeast corner of said Section 12 bears North 860 27' 23" East, a distance of 652.83 feet; thence South 890 58' 08" West, 784.93 feet to point of curve; thence 193.41 feet along the arc of a curve to the left, having a radius of 1300,84 feet; thence South 810 27' 01" West, 204.22 feet to point of curve; thence 206.20 feet along the arc of a curve to the right, having a radius of 1380.84 feet; thence North 890 59' 37" West, 2905.37 feet to point of curve; thence 408.41 feet along the arc of a curve to the left, having a radius of 260.00 feet; thence South 000 00' 23" West, 642.87 feet to point of curve; thence 421.68 feet along the arc of a curve to the right, having a radius of 390.00 feet; thence South 610 57' 23" West, 23.09 feet to a point on the West boundary of said Section 12; thence North, 26.06 feet; thence North 610 57' 23" East, 10.84 feet to point of curve; thence 396.81 feet along the arc of a curve to the left, having a radius of 367.00 feet; thence North 000 00' 23" East, 642.87 feet to point of curve; thence 444.54 feet along the arc of a curve to the right, having a radius of 283.00 feet; thence South 890 59' 37" East, 2905.37 feet to point of curve; thence 202.77 feet along the arc of a curve to the left, having a radius of 1357.84 feet; thence North 810 27' 01" East, 204.22 feet to point of curve; thence 196.83 feet along the arc of a curve to the right, having a radius of 1323.84 feet; thence North 890 58' 08" East, 784.93 feet; thence South 000 01' 52" East, 23.00 feet to point of beginning, containing 3.05 acres of land, more or less; and, Parcel No. 2 Beginning at a point in said Section 12, whence the Northeast corner of said Section 12 bears North 82 42' 36" East, a distance of 656.86 feet; thence South 890 58' 08" West, 784.93 feet to point of curve; thence 187.01 feet along the arc of a curve to the left, having a radius of 1257.84 feet; thence South 810 27' 01" West, 204.22 feet to point of curve; thence 212.63 feet along the arc of a curve to the right, having a radius of 1423.84 feet; thence North 890 59' 37" West, 2905.37 feet to point of curve; thence 340.86 feet along the arc of a curve to the left, having a radius of 217.00 feet; thence South 000 00' 23" West, 642.87 feet to point of curve; thence 468.17 feet along the arc of a curve to the right, having a radius of 433.00 feet; thence South 610 57' 23" West, 46.00 feet to a point on the West boundary of said Section 12; thence North, 26.06 feet; thence North 610 57' 23" East, 33.75 feet to point of curve; thence 443.30 feet along the arc of a curve to the left, having,a radius of 410.00 feet; thence North 000 00' 23" East, 642.87 feet to point of curve; thence 376.99 feet along the arc of a curve to the right, having a radius of 240.00 feet; r thence South 890 59' 37" East, 2905.37 feet to point of curve; thence 209.19 feet along the arc of a curve to the left, having a radius of 1400.84 feet; thence North 810 27' 01" East, 204.22 feet to point of curve; thence 190.43 feet along the arc of a curve to the right, having a radius of 1280.84 feet; thence North 890 58' 08" East, 784.93 feet; thence South 000 01' 52" East, 23.00 feet to point of beginning, containing 3.06 acres of land, more or less. The total area hereinabove described as Parcel No. 1 and Parcel No. 21, contains 6.11 acres of land, more or less. RESOLUTION A RESOLUTION AUTHORIZING THE GRANT AND EXECUTION OF A RIGHT OF WAY EASEMENT BY THE CITY OF LUBBOCK ACTING BY AND THROUGH ITS MAYOR, TO THE UNITED STATES OF AMERICA FOR A WATER PIPE LINE OR CONDUIT IN THE SOUTH ONE-HALF OF SECTION 13, BLOCK A, LUBBOCK COUNTY, TEXAS. WHEREAS, it appears to be in the best interest of the inhabitants of the City of Lubbock and the United States of America that the United States of America be granted an assignable easement and right-of-way out of land owned and held by the City of Lubbock out of the South k of Section 13, Block A, Lubbock County, Texas; NOW THEREFORE; RR TT RFROTVFD RV THR CTTV COTTNCTL OF THE CTTY OF LTTRROCK: 2 r � 1 JUN 3 01964 r rW- r" THAT the City of Lubbock grant an easement and right-of-way for the purpose of constructing and maintaining a pipe line or conduit in, over, and across those lands specifically described in that instrument termed "Grant of Easement" which is attached hereto and hereby made a part hereof by reference. THAT the Mayor be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock said "Grant of Easement" and as evidence thereof the City Secretary shall attest execution of such instrument and affix the seal of the City of Lubbock thereto who shall then thereupon spread upon the minutes of the Council said "Grant of Easement" and as spread upon the minutes of this Council all of said instrument shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 30th day of June, ATTEST: Lavenia Lowe,, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: 1964. rr)1llt 0/` GRANT OF EASEMENT MAX TIDMORE, Mayor That the City of Lubbock, a municipal corporation of the State of Texas, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant to the United States of America, its successors and assigns, the right to survey, construct, reconstruct, and perpetually operate and maintain a water pipeline or conduit, together with all appurtenances necessary thereto, or any part thereof, for the transportation of water through, over and across lands specifically described in Schedule "A", attached hereto, incorporated herein, and hereby made an integral part hereof by reference, and a temporary and assignable easement and right-of-way and such other uses as required in connection with the construction of said pipeline or conduit in, over and across those lands specifically described in Schedule "B", attached hereto, and hereby made an integral part hereof by reference. Said grant shall include the perpetual and exclusive right to remove from or place on earth, rock, or other materials, and the right to trim, cut, and remove brush and other vegetative structures, the right of ingress and egress for men, materials and equipment for utilizing the easement granted, and the right of the United States to construct, operate, and maintain minor surface structures appurtenant to said water pipeline or conduit. Said grant of easement shall not preclude the right to cultivate, use, and enjoy the premises for any purposes which will not constitute an interference with the easement, rights, and privileges herein granted, or endanger facilities constructed; including the right to construct, operate and maintain crossings for water, power, telephone, telegraph, sewer and gas lines over said water pipeline right-of-way, including the right to permit like use by third parties; but said rights reserved to Grantor shall not extend to or include the erection of any buildings, reservoirs, or structures, or permission to the public to use any part thereof. All features proposed by Grantor or by third parties on the easement area shall be constructed, operated and maintained without expense to the United States. Grantor will issue notice to the United States before any construction is initiated. Said grant is subject to rights -of -way of record and in use. TO HAVE AND TO HOLD the same perpetually to the United States of America, its successors and assigns, together with the right and privilege at any and all times to enter said premises, or any part thereof, for the purposes aforesaid. WITNESS MY HAND, this the 30th day of June, 1964. V�Tn 14444, Mayor ATTEST: `/¢����U el - City Secretary[ SCHEDULE A LANDS IN LUBBOCK COUNTY, TEXAS, WHICH ARE THE SUBJECT OF THIS GRANT OF EASEMENT A tract or parcel of land lying and situate in the South k of Section 13, Block A, Lubbock County, Texas, more particularly described as follows: Beginning at a point in said South ki of Section 13, whence the Southwest corner of said Section 13 bears South 100 28' 39 " West, a distance of 1058.50 feet, said point being on the North right-of-way of the P & S F RR Co., thence North 300 48' 31" East, 52.78 feet; thence South 020 12' 29" East, 62.95 feet; thence North 590 11' 29" West, 34.30 feet to point of beginning, containing 0.02 acre of land, more or less. SCHEDULE B LANDS IN LUBBOCK COUNTY, TEXAS, WHICH ARE THE SUBJECT OF THIS GRANT OF TEMPORARY EASEMENT A tract or parcel of land lying and situate in the South k of Section 13, Block A, Lubbock County, Texas, more particularly described as follows: Beginning at a point in said South k of Section 13, whence the Southwest corner of said Section 13 bears South 100 28' 39" West, a distance of 1058.50 feet, said point being on the North right-of- way of the P & SF RR; thence North 590 11' 29" West, 23.00 feet; thence North 300 48' 31" East, 88.18 feet; thence South 020 12' 29" East, 42.21 feet; thence South 300 48' 31" West, 52.78 feet to point of beginning, containing 0.04 acre of land, more or less. RESOLUTION A RESOLUTION AUTHORIZING THE GRANT AND EXECUTION OF A RIGHT OF WAY EASEMENT BY THE CITY OF 168 JUN 3 01964 L LUBBOCK ACTING BY AND THROUGH ITS MAYOR, TO THE UNITED STATES OF CONDUIT IN A PART OF SECTION 5, BLOCK A, LUBBOCK COUNTY, TEXAS. AMERICA FOR A WATER PIPE LINE OR WHEREAS, it appears to be in the best interest of the inhabitants of the City of Lubbock and the United States of America that the United States of America be granted an assignable easement and right-of-way out of land owned and held by the City of Lubbock out of a part of Section 5, Block A, Lubbock County, Texas; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock grant an easement and right-of-way for the purpose of constructing and maintaining a pipe line or conduit in, over, and across those lands specifically described in that instrument termed "GRANT OF EASEMENT" which is attached hereto and hereby made a part hereof by reference. THAT the Mayor be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock said "Grant of Easement" and as evidence thereof the City Secretary shall attest execution of such instrument and affix the seal of the City of Lubbock thereto who shall then thereupon spread upon the minutes of the Council said "Grant of Easement" and as spread upon the minutes of this Council all of said instrument shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 30th day of June, 1964. MAX TIDMORE, Mayor ATTEST:*1h1ZX611 6?4r Lavenia Lowe, City Secretary -Treasurer GRANT OF EASEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: That the City of Lubbock, a municipal corporation of the State of Texas, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant to the United States of America, its successors and assigns, the right to survey, construct, reconstruct, and perpetually operate and maintain a water pipeline or conduit, together with all appurtenances necessary thereto, or any part thereof, for the transportation of water through, over, and across lands specifically described in Schedule "A", attached hereto, incorporated herein, and hereby made an integral part hereof by reference, and a temporary and assignable easement and right-of-way and such other uses as required in connection with the construction of said pipeline or conduit in, over and across those lands specifically described in Schedule "B", attached hereto, and hereby made an integral part hereof by reference. Said grant shall include the perpetual and exclusive right to remove from or place on earth, rock, or other materials, and the right to trim, cut, and remove brush and other vegetative structures, the right of ingress and egress for men, materials, and equipment for utilizing the easement granted, and the right of the United States to construct, operate, and maintain minor surface structures appurtenant to said water pipeline or conduit. Said grant of easement shall not preclude the right to cultivate, use, and enjoy the premises for any purposes which will not constitute an interference with the easement, rights, and privileges herein granted, or endanger facilities constructed; including the right to construct, operate and maintain crossings for railroads, water, power, telephone, telegraph, sewer and gas lines over said water pipeline right-of-way, including the right to permit like use by third parties; but said rights reserved to Grantor shall not extend to or include the erection of any buildings, reservoirs,or structures, or permission to the public to use any part thereof, All features proposed by Grantor or by third parties on the easement area shall be constructed, operated and maintained without expense to the United States. Grantor will issue notice to the United States before any construction is initiated. Railway crossings are to be constructed in compliance with specifications as required by the United States of America. Said grant is subject to rights -of -way of record and in use. TO HAVE AND TO HOLD the same perpetually to the United States of America, its successors and assigns, together with the right and privilege at any and all times to enter said premises, or any part thereof, for the purposes aforesaid. WITNESS MY HAND, this the 30th day of June, 1964. CI OC ��� By Mayor ATTEST: he 111L/ ZJZQ? City Secretary SCHEDULE A LANDS IN LUBBOCK COUNTY, TEXAS, WHICH ARE THE SUBJECT OF THIS GRANT OF EASEMENT Two tracts or parcels of land lying and situate in the East k of Section 5, Block A, Lubbock County, Texas, more particularly described as follows: Parcel No. 1 Beginning at a point on the North boundary of said Section 5 bears East, a distance of 26.00 feet; thence South, 264.11 feet; thence South 650 U6' 45" West, 55.12 feet; thence North, 72.76 feet; thence North 650 06' 45" East, 19.84 feet; thence North, 206.20 feet; Section 5, whence the Northeast corner of said thence East, 32.00 feet to point of beginning, containing 0.23 acre of land, more or less; and, V JUN30W4 26, I SET IN FROM PAGE 269-ITEM NO. 64-23-262-730` RESOLUTION A RESOLUTION AUTHORIZING THE GRANT AND EXECUTION OF A RIGHT OF WAY EASEMENT BY THE CITY OF LUBBOCK ACTING BY AND THROUGH ITS MAYOR, TO THE UNITED STATES OF AMERICA FOR A WATER PIPE LINE OR CONDUIT OUT OF A PART OF SECTION 2, BLOCK D-3, LUBBOCK COUNTY, TEXAS. WHEREAS, it appears to be in the best interest of the inhabitants of the City of Lubbock and the United States of America that the United States of America be granted an assignable easement and right-of-way out of land owned and held by the City of Lubbock out of Section 2, Block D-3, Lubbock County, Texas; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock grant an easement and right-of-way for the purpose of constructing and maintaining a pipe line or conduit in, over, and across those lands specifically described in that instrument termed "Contract and Grant of Water Pipeline Right -of -Way Easement" which is attached hereto and hereby made a part hereof by reference. THAT the Mayor be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock said "Contract and Grant of Water Pipeline Right -of -Way Easement" and as evidence thereof the City Secretary shall attest execution of such instrument and affix the seal of the City of Lubbock thereto who shall then thereupon spread upon the minutes of the Council said "Contract and Grant of Water Pipeline Right -of -Way Easement" and as spread upon the minutes of this Council all of said instrument shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 30th day of June, ATTEST:A�&11; eou4r Lavenia Lowe, City Secretary -Treasurer • i 1964. MAX TIDMORE, Mayor UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION CANADIAN RIVER PROJECT, TEXAS Contract and Grant of Water Pipeline Right -of -Way Easement THIS CONTRACT AND GRANT OF EASEMENT, made this 30th day of June, 1964, pursuant to the :act of Congress approved June 17, 1902 (32 Stat. 388), and acts amendatory thereof or supplementary thereto, between the UNITED STATES OF AMERICA, hereinafter styled the United States, acting through such officer as is authorized therefor by the Secretary of the Interior, and the CITY OF LUBBOCK, a municipal corporation of the State of Texas, hereinafter referred to as the City; WITNESSETH The following grant and mutual covenants by and between the parties: 1. For the consideration hereinafter expressed, the City does hereby grant unto the United States, its successors and assigns, a perpetual easement to survey, construct, reconstruct, operate, inspect, maintain, and remove a water pipeline or conduit, and appurtenances thereto, or any part thereof, for the transportation of water through, over, and across those lands specifically described in "Schedule A", attached hereto, incorporated herein, and hereby made an integral part hereof by reference. Said rights are required for the use of the Canadian River Project, Texas, United Stated Department of the Interior, Bureau of Reclamation. 2. The grant of easement herein contained shall include: (a) The perpetual rightto enter upon said premises to survey, construct, reconstruct, operate, maintain, and remove said water pipeline or conduit, and appurtenances, (b) the exclusive right to remove from or place on earth, rock, or other materials, and the right to trim, cut, and remove brush and other vegetative structures, (c) the right of ingress and egress for men, materials and equipment for utilizing the easement granted, and (d) the right of the United States to construct, operate, and maintain minor surface structures appurtenant to said water pipeline or conduit. If such minor structures:' are constructed, said structures will be approximately 6 feet square in area and approximately 3 feet in height above the ground surface. If such minor structures are constructed, they will be paid for at the rate of $200.00 per structure. 3. During construction, suitable cross-overs shall be installed over the pipe trenches as needed by the City. All fences and drainage or irrigation systems cut or disturbed shall be repaired by the United States in a good and workmanlike manner. Before a fence is cut by the United States, it shall be properly supported on either side of the contemplated opening by suitable posts and braces, and gates shall be provided at fence openings where required. Nothing contained herein shall designate or limit the dates in connection with the construction and operation of said pipeline and appurtenances thereto. The pipeline shall be buried at a sufficient depth so as not to interfere with cultivation of the soil. Topsoil shall be separated from subsoil during excavation and topsoil removed from excavation shall be replaced as backfill in the uppermost part of the excavation to a depth as shall exist previous to excavation but not to exceed 18 inches, and all excess subsoil shall be removed from the City's land at the expense of the United States. 4. Said grant of easement shall not preclude the right to cultivate, use, and enjoy the premises for any purposes which will not constitute an interference with the easement, rights, and privileges herein granted, or endanger facilities constructed; including the right to construct, operate and maintain crossings for water, power, telephone, telegraph, sewer and gas lines over said water pipeline right-of-way, including the right to permit like use by third parties; but said rights reserved to City shall not extend to or include the erection of any 268B JUN 3 01%4 record and in use. 5. The City, its successors, or assigns, or agricultural lessees, if any, are to be paid for all damages to fences, crops, livestock, trees, drainage or irrigation systems, and personal property as a result of and during construction, operation, and maintenance of the pipeline. The amount of damages is to be determined by an appraisal approved by the Secretary of the Interior or his duly authorized representative made on or about the date the damage occurs. 6. The United States shall exercise due care and diligence in the use of the rights and privileges herein granted to it. In case of permanent abandonment of said right-of-way, as evidenced by a written notice to that effect from the United States through its authorized rep- resentatives or its assigns, the title and interest herein granted shall end, cease, and determine, and title shall revert to the then owner. 7. The grant of easement herein contained is subject to the rights -of -way of any nature whatsoever of record and in use. This grant shall not be construed as in anywise affecting mineral rights of the City or others. 8. It is a condition precedent to the payment to the City of the sum named herein that the title to the premises described herein shall be vested in the City, subject only to the interest of the United States hereunder and to the matters set out in Article 7 hereof and to such other defects, interests, or encumbrances as may be waived in writing by the United States. 9. The City shall procure and have recorded without cost to the United States all assurances of title and affidavits which the City may be advised by the United States are necessary and proper to show in the City title sufficient to grant the above easement free and clear of encumbrances subject only to the interest, liens, or encumbrances expressly excepted herein. Abstracts or certificates of title or title insurance will be procured by the United States at its expense. The expense of recording this contract shall be borne by the United States. 10. If the Secretary of the Interior determines that the interest described in Article 1 above should be acquired by judicial procedure, either to procure a safe title or for any other reason, the City and the United States hereby stipulate that the ultimate award to the City for the interest described in Articles 1 and 2 above, shall be the same as the purchase price hereinafter stated in Article 12, but should the City own a lesser interest than that described in Articles 1 and 2 hereof, such award shall not exceed that portion of the purchase price stated in Article 12 which the value of such lesser interest bears to the value of the entire estate described in the said Articles 1 and 2. 11. The City warrants that no person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial agencies maintained by the City for the purpose of securing business. For breach or violation of this warranty, the United States shall have the right to annul this contract without liability, or in its discretion to require the City to pay, in addition to the contract price or consideration, the full amount of such commission, percentage, brokerage, or contingent fee. 12. Notwithstanding any other provision of this grant to the contrary the City reserves and retains the right to cross the easement area with runway or taxiway extension, runway or taxiway lighting, runway approach lighting or other navigational aids and aeronautical facilities. Grantee, the United States, by acceptance hereof agrees and obligates itself that it shall not, nor will it permit construction of non -aeronautical aboveground objects from a point 250' south of the North boundary line of Section 2, Block D3, Lubbock County, Texas to a point 1750' south of the aforesaid boundary line. 13. As complete consideration for the above grant of easement and for the rights and privileges provided in this contract, the United States agrees to pay the City the sum of SEVEN THOUSAND SEVEN HUNDRED AND NO/100 ($7,700.00) DOLLARS. Future damages payments accruing under Article 5 will be made by the United States or its assigns on the basis of a determination as therein provided to be made. Future minor structures will be paid for by the United States or its assigns on the basis provided in Article 2. 14. The terms and conditions hereof shall be binding upon and inure, to the benefit of the heirs, executors, administrators, devisees, successors, trustees, or assigns of the parties hereto. 15. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit that may arise herefrom but this restriction shall not be construed to extend to this contract if made with a corporation or company for its general benefit. It is further agreed and understood and here stipulated that Paragraphs Numbered 12 through 15 were added hereto prior to execution by either party. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. APPROVED AS TO FORM & LEGALITY BY• Fred 0. Senter, Jr., City Attorney APPROVED LUBBOCK MUNICIPAL AIRPORT BOARD BY: Isl Edward L. Colby Edward L. Colby, Director of Aviation THE UNITED STATES OF AMERICA BY: Title: Project Construction Engineer CITY OF LUBBOCK By: �►�^f — - Title: Mayor L SCHEDULE A LANDS IN LUBBOCK COUNTY, TEXAS, WHICH ARE THE SUBJECT OF THIS GRANT OF EASEMENT Two tracts or parcels of land lying and situate in Section 2, Block D-3, Lubbock County, Texas, more particularly described as follows: 268C JUN30M4 thence South 02052' 30" West, 666.66 feet; y thence North 870 07' 30" West, 37.00 feet to a point of curve; thence 49.55 feet along the arc of said curve to the left, having a radius of 987.50 feet, whose chord bears South 010 26' 15" West; thence East, 37.00 feet; thence South, 1,436.65 feet; thence West, 34.00 feet; thence South, 40.00 feet; thence East, 34.00 feet; thence South, 491.37 feet to a point of curve; thence 261.47 feet along the arc of said curve to the right, having a radius of 399.50 feet; thence South 370 30' 00" West, 4.40 feet to a point of curve; thence 196.67 feet along the arc of said curve to the left, having a radius of 300.50 feet; thence South, 50.00 feet; thence West, 99.00 feet; thence North, 50.00 feet to a point of curve; thence 261.47 feet along the arc of said curve to the right, having a radius of 399.50 feet; thence North 370 30' 00" East, 4.40 feet to a point of curve; thence 196.67 feet along the arc of said curve to the left, having a radius of 300.50 feet; thence North, 1,968.02 feet to a point of curve; thence 52.66 feet along the arc of said curve to the right, having a radius of 1049.50 feet; thence North 020 52' 30" East, 661.68 feet; thence East, 99.12 feet to point of beginning, containing 7.18 acres of land, more or less; and, Parcel No. 2 Beginning at a point in said Section 2 whence the Southeast corner of said Section 2 bears South 580 23' 10" East, a distance of 95.38 feet; thence West, 99.00 feet; thence North 247.31 feet; thence East, 35.00 feet; thence North, 182.00 feet; thence West, 5.00 feet; thence North, 746.00 feet; thence East, 69.00 feet; thence South, 67.00 feet; thence West, 32.00 feet; thence South, 30.00 feet; thence East, 32.00 feet; thence South, 1078.31 feet to point of beginning containing 1.99 acres of land, more or less. The total area hereinabove described as Parcel No. 1 and Parcel No. 2 contains 9.17 acres of land, more or less. ft qr. 268D pis _A3004 r-- JUN 3 01964 269 L7 164-23-269-731 Beginning at a point in said Section 5 on the South right-of-way boundary of the P & S F RR Co., whence the Northeast corner of said Section 5 bears North 080 28' 52" East, a distance of 393.26 feet; thence North 650 06' 45" East, 35.28 feet; thence South, 2323.79 feet; thence East, 37.92 feet; thence South 000 15' 10" East, 32.00 feet; thence West, 70.07 feet; thence North, 2,340.94 feet to point of beginning, containing 1.75 acres of land, more or less; and, Two tracts or parcels of land lying and situate in the North k of Section 5, Block A, Lubbock County, Texas, more particularly described as follows: Parcel No. 1 Beginning at a point in the North k of said Section 5, whence the Southwest corner of said Section 5 bears South 050 59' 39 " West, a distance of 2,835.62 feet; thence North 650 04' East, 316.16 feet; thence South 580 26' East, 79.14 feet; thence South 650 04' West, 359.84 feet; thence North 240 56' West, 66.00 feet, to point of beginning, containing 0.51 acre of land, more or less; and, Parcel No. 2 Beginning at a point in the North k of said Section 5, whence the Southwest corner of said Section 5 bears South 240 31' 25" West, 3742.10 feet, thence North 650 04' East, 1116.04 feet; thence South 240 53' East, 67.44 feet; thence North 650 07' East, 2,870.81 feet; thence South, 72.76 feet; thence South, 650 07' West, 2,652.72 feet; thence North 240 53' West, 25.00 feet; thence South 650 07' West, 701.89 feet; thence North 240 56' West, 41.95 feet; thence South 650 04' West, 612.09 feet; thence North 150.53' West, 66.83 feet.to point of beginning, containing 6.42 acres of land, more or less, SCHEDULE B LANDS IN LUBBOCK COUNTY, TEXAS, WHICH ARE THE SUBJECT OF THIS GRANT OF TEMPORARY EASEMENT Four tracts or parcels of land lying and situate in the East k of Section 5, Block A, Lubbock County, Texas, more particularly described as follows: Parcel No. 1 Beginning at a point on the North boundary of said Section 5, whence the Northeast corner of said Section 5 bears East, a distance of 58.00 feet; thence South, 206.20 feet; thence South 650 06' 45" West, 19.84 feet; thence North, 214.55 feet; thence East, 18.00 feet, to point of beginning, containing 0.09 acre of land, more or less; and, Parcel No. 2 Beginning at the Northeast corner of said Section 5; thence South 000 15' 10" East, 251.53 feet, to a point on the North right-of-way boundary of the P & S FRR; thence South 650 06' 45" West, 29.88 feet; thence North, 264.11 feet; thence East, 26.00 feet, to point of beginning, containing 0.16 acre of land, more or less; and, Parcel No. 3 Beginning at a point in said Section 5 on the South right-of-way boundary of the P & S F RR., whence the Northeast corner of said Section 5 bears North 080 28' 52" East, a distance of 393.26 feet; thence South, 2340.94 feet; thence East, 70.07 feet; - thence South 000 15' 10" East, 18.00 feet; thence West, 88.15 feet; thence North, 2350.59 feet; thence North 650 06' 45" East, 19.84 feet to point of beginning, containing 1.00 acre of land, more or less; and, Parcel No. 4 Beginning at a point on the East boundary of said Section 5, which is on the South right-of-way boundary of the P & S F RR., whence the Northeast corner of said Section 5 bears North 000 15' 10" West, a distance of 361.30 feet; thence South 000 15' 10" East, 2336.63 feet; thence West, 37.92 feet; thence North, 2323.79 feet; thence North 650 06' 45" East, 30.43 feet, to point of beginning, containing 1.75 acres of land, more or less. CONTRACT AND GRANT OF EASEMENT SET IN ON PAGE 268A. Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION 070 JUN 3 0 M4 under which the comprehensive Zoning Ordinance of the City of Lubbock must operate, requires an administrative determination from time to time of the applicable provisions of the Zoning Ordinance governing exceptions and variances, and WHEREAS, the Zoning Board of Adjustment has heretofore requested that all cases appealed and placed on its agenda be reviewed administratively by the Director of Planning and Zoning and/or the City Attorney to determine whether such cases are within the jurisdiction of the Zoning Board of Adjustment, and WHEREAS, it appears to be in the best interest of the administration of the Zoning Ordinance of the City of Lubbock that all cases be reviewed by either the Director of Planning and Zoning or the City Attorney prior to being placed on the agenda of the Board of Adjustment, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Director of Planning and Zoning and/or the City Attorney be and are hereby instructed and authorized to review all applications for appeal now pending before the Board of Adjustment and all which may hereafter be made involving exceptions and variances to determine whether such appeals are proper subject of hearing before the Board of Adjustment, and that in the event the application for appeal should be rejected by an administrative decision the applicant shall be notified in writing the reason the application is rejected and further be advised as to what recourse is afforded under the existing conditions. Passed by the City Council this 30th day of June, 1964. r • MAX TIDMORE, Mayor ATTEST: ex&`/d/l��d Lavenia Lowe, eCity Secretary -Treasurer APPROVED AS TO FORM: FRED 0. SENTER, JR., City Attorney 64-23-270-732 Mr. John J. C. O'Shea, Attorney, appeared before the -City Council representing Curtis Eugene Newsom, this being an appeal to the City Council requesting -said City Council to direct the Chief of Police to issue a taxi driver license to Mr. Newsom. Chief -of Police; J. T. Alley, also appeared before the City Council in this regard giving reasons why the license was refused, After consideration of all information presented at this hearing motion was made by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, to refuse issuance of the taxi driver license to Mr. Newsom as it was found that there is substantial evidence to justify the refusal of the Chief of Police to issue this license. 64-23-270-733 Mr. 0. C. Horne appeared before the City Council requesting that the City Council authorize a refund to him in an approximate amount of $7,500. Said money having been placed with the City in order to secure extension of water and sewer lines into the Horne Addition located North of Loop 289 and Avenue N. After consideration of this request motion was made by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, to REJECT the request for refund of this pro-rata money. 64-23-270-734 Mr. Reagen Howell appeared before the City Council stating that he is being harassed by the City Police Department in connection with parking in the loading zone in front of his place of business at 909 13th Street. No action was taken by the City Council in this regard. 64-23-270-735 Mr. J. R. Church appeared before the City Council representing the Lubbock Baptist Church for the purpose of requesting the City Council to allow a tent, located at 41st Street approximately 100 feet East of Avenue Q, to be used through the summer for church services. After consideration of this request motion was made by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, to allow the tent to remain at this location for a period of 2 weeks from this date, if it is found by the Fire Marshall that said tent is a safe structure for public meetings. 64-23-270-736 Motion by Councilman Medlock, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4371 be passed on second and final reading. K I ORDINANCE ORDINANCE NO. 4371 AN ORDINANCE AMENDING SECTIONS 28-1, 28-4, 28-10, 28-15, ARTICLE I AND SECTIONS 28-17, 28-22, 28-42, 28-48, 28-50, 28-50a, 28-522 28-55, 28-58, 28-60 AND 28-63 OF ARTICLE II AND SECTION 28-66 �yQ V1 OF ARTICLE III OF CHAPTER 28 CODE OF ORDINANCES, -CITY OF LUBBOCK; TO PROVIDE FOR THE ADOPTION OF OFFICIAL �G MAPS; A METHOD FOR DETERMINING STREET NUMBERS; PROHIBITING THE OBSTRUCTION AND PLANTING IN PARKWAYS AND PROVIDING FOR EXCEPTIONS THERETO; MAKING IT THE,DUTY OF THE OCCUPANT OF PREMISES `U TO KEEP ADJACENT SIDEWALKS, PARKWAYS AND ALLEYWAYS CLEAN; REQUIRING COMPLIANCE WITH ARTICLE II AS PREREQUISITE TO THE ISSUANCE OF A BUILDING PERMIT; REQUIRING A BOND, CERTAIN INSURANCE AND AN AGREEMENT FOR INDEMNITY FOR WORK ON PUBLIC RIGHT OF WAY; PROVIDING FOR AND AUTHORIZING AN APPEAL TO THE BOARD OF EXAMINERS AND APPEALS UNDER CERTAIN CONDITIONS; ADOPTING -CERTAIN DESIGN AND LAYOUT PLANS FOR CONSTRUCTION OF SIDEWALKS, DRIVEWAYS, CURBS AND GUTTERS IN THE CITY OF LUBBOCK; PROVIDING FOR LOCATION OF SIDEWALKS AND MAKING CERTAIN EXCEPTIONS THERETO; DESCRIBING THE REQUIREMENTS FOR SIDEWALK WIDTHS; PRESCRIBING FOR THE SETTING OF LINES AND GRADES FOR SIDEWALKS AS WELL AS THE MATERIALS TO BE USED IN THE CONSTRUCTION OF SUCH SIDEWALKS; DIRECTING THE FINISHING AND MARKING OF SIDEWALKS; DIRECTING THE PLACEMENT OF INNER CURBS WHERE SIDEWALK IS ADJACENT TO AN OFF-STREET PARKING AREA; PROVIDING FOR THE PAVING OF DRIVEWAYS INTO PRIVATE PROPERTY OR FOR ALLEYS AND PROVIDING FOR THE REPLACEMENT OF PAVEMENT WITHIN A PUBLIC STREET THAT IS CUT FOR UTILITY INSTALLATION; REPEALING SECTION 28-24 OF ARTICLE II AND SECTION 28-61 OF -ARTICLE III 4 SAID CHAPTER 28; PROVIDING FOR A PENALTY AND A SAVINGS CLAUSE; DIRECTING THE PUBLICATION OF THE DESCRIPTIVE CAPTION AND THE PENALTY CLAUSE IN LIEU OF PUBLICATION OF THE ORDINANCE AS PROVIDED BY LAW. 64-23-270-737 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4455 be passed as an emergency measure. ORDINANCE ORDINANCE NO. 4455 `?7 JURY 3 0 M64 ,. LJ 64-23-271-738 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4459 be passed on first reading. 64-23-271-739 164-23-271-740 -271-741 AN APPROPRIATION ORDINANCE ORDINANCE NO. 4459 WHEREAS, the City Council 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 COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improve- ment Bond Fund The sum $3600.00 For the following purpose: The construction of a drainage channel from Date Ave. to Elm Ave. in E. 22nd St. to handle drainage because the street is now closed. The closing of intersection by curb & gutter and asphalt adjustments as requested by Urban Renewal. Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4456 be passed as an emergency measure, AN APPROPRIATION ORDINANCE ORDINANCE NO. 4456 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Traffic Signal The sum $800.00 For the following purpose: 50% of installation costs of railroad flashing signals at the P. & S.F. R.R. Crossing of Slide Road with its Seagraves Branch. Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4458 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4458 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFOREO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Project s The sum $22,187.00 For the following purpose: Construction of Roads'and Well Stands in the Sandhills Well Field, WWO 11363 Contract $ 19,845.00 3 gates @ 264.52 ea. 793.56 1 cattle guard 491..91 $ 21,130.47. 5% Engineering & Contingencies 1,056.53. $ 22,187.00 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Richland Hills Addition Lots 453-489, made arrangements with Kerr Paving 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 Richland Hills Addition Lots 453-489 including the following streets: 45th Street from its intersection with a line 16 feet East of the East Property Line of Chicago Avenue to its intersection with the East Line of Lot 471 Richland Hills Addition, known and designated as New Subdivision Unit Number 1395. Belmont Avenue from its intersection with a line 16.77 feet South of the South Property Line of 45th Street to its intersection with a line 3 feet North of the North Property Line of the alley South of 45th Street, known and designated as New Subdivision Unit Number 1396. 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. 272 JUN 3 01%4 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 30TH DAY OF JUNE, 1964. Max Tidmore, Mayor ATTEST: hl//U 6?4( Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney CITY OF LUBBOCK June 30,1964 Honorable Mayor and City Council Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Kerr Paving Company, paving contractor, under his contract with the subdividers of Richland Hills Addition Lots 453-489 and find the improvements on 45th Street from 16 feet East of the E.P.L. of Chicago Avenue to the East Line of Lot 471 Richland Hills Addition, Belmont Avenue from 16.77 feet S. of the SPL of 45th Street to 3 feet North of the NPL of the alley South of 45th 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 shown on the attached consolidated final estimate sheet as due him by the City of Lubbock. Yours very truly, CONSOLIDATED FINAL ESTIMATE LOTS 453-489 RICHLAND HILLS ADDITION Accepted June 30,1964 UANTITIES John T. Hickerson City Engineer Unit Location S.Y. L.F. S.Y. Paving C & G Valley 6" Base Gutter NS 1395 45th Street from 16' E. of the EPL 4271.34 2364.27 54.27 of Chicago Avenue to the East Line of Lot 471 Richland Hills Add. NS 1396 Belmont Avenue from 16.77' S. of the 283.78 196.46 SPL of 45th Street to 3' N. of the NPL of the alley South of 45th Street TOTAL 4555.12 2560.73 54.27 COST ESTIMATE 4555.12 S.Y. Paving @ $1.45 $ 6,604.92 2560.73 L.F.. Curb & Gutter@ $1.40 3,585.02 54.27 S.Y.. Valley Gutter@ $5.00 271.35 CONTRACT COST $10,461.29 COST DISTRIBUTION Unit Contract Property Cost Owner Cost NS 1395 $ 9,774.77 $ 9,774.77 NS 1396 686.52 686.52 TOTAL $10,461.29 $ 10,461.29 64-23-272-742 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Richland Hills Addition, Lots 352-388 & 452, made arrangements with Kerr Paving 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 Richland Hills Addition, Lots 352-388 & 452 including the following streets: 47th Street from its intersection with a line 16 feet East of the East Property Line of Chicago Avenue to its intersection with the East Line of Lot 352 Richland Hills Addition, known and designated as New Subdivision Unit Number 1389. Belmont Avenue from its intersection with a line 15 feet South of the S.P.L. of 47th Street to its intersection with.a line 3' South of the South Property Line of the alley South of 47th Street, known and designated as New Subdivision Unit Number 1390. 2.47 3 JUN 3 4164 0- .. 164-23-273-743 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 30TH DAY OF JUNE, 1964. • Max Tidmore, Mayor ATTEST: l/141 ea��t Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney CITY OF LUBBOCK June 30, 1964 Honorable Mayor and City Council Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Kerr Paving Company, paving contractor, under his contract with the subdividers of Richland Hills Addition, Lots 352-338 & 452 and find the improvements on 47th Street from 16' East of the E.P.L. of Chicago Avenue to the East Line of Lot 352, Richland Hills Addition, Belmont Avenue from 15' South of the S.P.L. of 47th Street to 3' South of the S.P.L. of the alley South of 47th 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 shown on the attached consolidated final estimate sheet as due him by the City of Lubbock. Yours very truly, John T. Hickerson City Engineer CONSOLIDATED FINAL ESTIMATE RICHLAND HILLS ADDITION LOTS 352-388 & 452 Accepted June 30, 1964 UANTITIES Unit Location S.Y. L.F. S.Y. Paving C & G Alley 6" Base Return NS 1389 47th Street from 16' E. of the 4320.56 2349.30 E.P.L. of Chicago Avenue to the East Line of tot 352,Richland Hills'Addition NS 1390 Belmont Avenue from 15' South 448.00 260.00 20.00 of the S.P.L. of'47th Street to 3' South of the S.P.L. of the alley South of 47th Street TOTAL 4768.56 2609.50 20.00 COST ESTIMATE 4768.56 S.Y. Paving @ 1.45 $ 6,914.41 2609.30 L.F. Curb & Gutter @ 1.40 3,653.02 20.00 S.Y. Alley Return @ 4.50 90.00 CONTRACT COST $ 10,657.43 COST DISTRIBUTION Unit Contract Property Cost Owner Cost NS 1389 9,553.83 $ 9,553.83 NS 1390 1,103.60 1,103.60 TOTAL $10,657.43 $10,657.43 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Rushland Park Addition Installment No. 10, made arrangements with pioneer Pavers, Inc. for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior"tp the recording of the subdivision plat of-Rushland Park 274 JUN 3 01%4 A part of loth Street from its intersection with a line 16.0 feet West of the West Property Line of Quaker Avenue to its intersection with a line 18.0 feet East of the East Property Line of Salem Avenue (North Leg) known and designated as New Subdivision Unit Number 1375. A part of Salem Avenue from its intersection with a line 3 feet North of the North Property Line of the alley South of loth Street to its intersection with a line 3.0 feet North of the North Property Line of the alley North of loth Street known and designated as New Subdivision Unit Number 1376. Salisbury Avenue from its intersection with a line 15.0 feet North of the North Property Line of loth Street to its intersection with a line 3.0 feet North of the North Property Line of the alley North of loth Street known and designated as New Subdivision Unit Number 1377. loth Street from its intersection with a line 15.0 feet West of the West Property Line of Salem Avenue (South Leg) to its intersection with the West end of the cul-de-sac West of Salisbury Avenue known and designated as New Subdivision Unit Number 1378. A part of the East one-half of Toledo Avenue from its intersection with a line 8.0 feet North of the North Property Line of 10th•Street (West Leg) to its intersection with a line 3.0 feet North of the North Property Line of the alley North of loth Street (East Leg) known and designated as New Subdivision Unit Number 1379. 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 30TH DAY OF JUNE, 1964. i ATTEST:-l//d Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney CITY OF LUBBOCK June 30, 1964 Honorable Mayor and City Council Lubbock, Texas Gentlemen:' Max Tidmore, Mayor I have examined the paving improvements constructed by Pioneer Pavers, Inc., paving contractor, under their contract with the subdividers of Rushland Park Addition Inst. No. 10 and find the improvements on a part of loth Street from 16' W. of the W.P.L. of Quaker Avenue to 18, E. of the E.P.L. of Salem Avenue, A part of Salem Avenue from 3' N. of the N.P.L. of the alley S. of loth Street to 3' N. of the N.P.L. of the alley N. of 10th,Street, Salisbury Avenue from 15' N. of the N.P.L. of loth Street to 3' N. of the N.P.L. of the alley N. of loth Street, loth Street from 15' W. of the W.P.L. of Salem Avenue to the cul-de-sac West of Salem Avenue, Apart of the East one-half of Toledo Avenue from 8' N. of the N.P.L. of loth Street (West Leg) to 3' N. of the N.P.L. of the alley N. of loth St. (East Leg) concrete only, as listed on the final estimate sheet to have been completed in accordance withthe plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock. Yours very truly, John T. Hickerson City Engineer CONSOLIDATED FINAL ESTIMATE RUSHLAND PARK ADDITION INSTALLMENT NO. 10 Accepted June 30, 1964 UANTITIES Unit Location S.Y. L.F. S.Y. S.Y. Paving C & G Alley Valley 6" Base Return Gutter A part of N.S. 1375 loth St. from 16' W. of the W.P.L. 114.31 64.30 of Quaker Ave. to 18' E. of the E.P.L. of Salem Ave.(W.Leg) A part of N.S. 1376 Salem Ave. from 3' N. of the N.P.L. of tha allPv S_ of lnth St_ to 11 N_ .) JUN 3 01964 r City 179.80 16.49 N.S. 1377 Salisbury Avenue from 15' N. 561.78 324.00 19.07 of the N.P.L. of loth St. to 3' N. of the N.P.L. of the alley N. of loth St. N.S. 1378 loth St. from 15' W. of the 4411.66 2312.10 W.P.L..of Salem Ave. (South Leg) to the W. end of cul-de-sac W. of Salem Ave. A part of N.S. 1379 EA of Toledo.Ave. from 8' N. of the N.P.L. of loth St. (W.Leg) to 3' N. of the N.P.L. of the alley N. of loth St. (E.Leg) (Concrete only) _ Sub -Totals COST ESTIMATE 242.00 12.22 67.71 Rushland Park 6266.91 3555.07 46.84 67.71 City 179.80 16.49 TOTALS 6266.91 3734.87 63.33 67.71 6266.91 S.Y. Paving @ $1.45 $ 9,087.02 3734.87 L.F. Curb & Gutter @ $1.45 5,415.56 63.33 S.Y. Alley Return @ $5.00 316.65 67.71 S.Y. Valley Gutter @ $6.00 406.26 CONTRACT COST $15,225.49 COST DISTRIBUTION Unit Contract Property City to Cost Owner Contractor Cost A part of. N.S. 1375 $ 258.98 $ 258.98 - A part of N.S. 1376 3,425.32 3,082.16 $ 343.16 N.S. 1377 .1,379.73 1,379.73 N.S. 1378 9,749.46 9,749.46 _ A part of - N.S. 1379 412.00 412.00 TOTALS $15,225.49 $14,882.33 $ 343.16 64-23-275-744 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that the following Resolutior, be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of West Gate Drive Addition Installment #9, made arrangements with L. A. Purtell for the construction of paving improvements on certain streets dedicated in said subdivision under the pro- visions of said Ordinance prior to the recording of the subdivision plat of West Gate Drive Additior Installment #9 including the following streets: A part of loth Street from its intersection with a line 16.0 feet West of the West Property Line of Quaker Avenue to its intersection with a line 18.0 feet East of the East Property Line of Salem Avenue (North Leg), known and designated as New Subdivision Unit Number 1375. A part of Salem Avenue from its intersection with a line 3.0 feet North of the North Property Line of the alley.South of loth Street to its intersection with a line 3.0 feet North of the North Property Line of the alley North of loth Street, known and designated as New Subdivision Unit Number 1376. AND WHEREAS, the construction of the above improvements on performed under the supervision of the City Engineer, and said and have been inspected and found to have been constructed in and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. the abovementioned streets was improvements have been completed accordance with City specifications 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 30TH DAY OF JUNE, 1964. a o ATTEST: Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney G■ JUN 3 0 M4 4-23-276-745 CITY OF LUBBOCK June 30,1964 Honorable Mayor and City Council Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by L. A. Purtell, paving contractor, under his contract with the subdividers of West Gate Drive Addition Inst. #9 and find the improvements on loth Street from 16' W. of the W.P.L. of Quaker Avenue to 18' E. of the E.P.L. of Salem Ave. (W.Leg), Salem Ave. from 3' N. of the N.P.L. of the alley S. of loth St. to 3' N. of the N.P.L. of the alley N. of loth St. 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 shown on the attached consolidated final estimate sheet as due him by the City of Lubbock. Yours very truly, John T. Hickerson City Engineer CONSOLIDATED FINAL ESTIMATE WEST GATE DRIVE ADDITION INSTALLMENT # 9 Accepted June 30, 1964 UANTITIES Unit Location S.Y. L.F. S.Y. Paving C & G Alley 6" Base Return A Part of N.S. 1375 loth Street from 16' W. of the W.P.L. 4595.31 2540.86 of Quaker Ave. to 18' E. of the E.P.L. of Salem Ave. (N.Leg) A Part of N.S. 1376 Salem Ave. from 3' N. of the N.P.L. of the alley S. of loth St. to.3' N. of the N.P.L. of the alley N. of loth St. TOTALS COST ESTIMATE 5069.36 S.Y. Paving @ $1.35 $ 6,843.64 2743.21 L.F. Curb & Gutter @ $1.37 3,758.20 14.93 S.Y. Alley Return @ $4.50 67.18 CONTRACT COST $ 10,66% 02 COST DISTRIBUTION Unit Contract Property Cost Owner Cost A part of N.S. 1375 $ 9,684.65 $ 9,684.65 A- part of N.S. 1376 984.37 984.37 TOTALS $10,669.02 $ 10,669.02 474.05 202.35 14.93 5069.36 2743.21 14.93 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement.ordinances and resolutions and entered into contract with L. A. Purtell, G.W.O. 10,400, for the making and construction of street improvements on portions of numerous streets and/or avenues in said City including among others the following: Fordham Street from its intersection with a line 1 foot East of the East Property Line of North Avenue N to its intersection with a line 13.91 feet East of the West Property Line of North Avenue Q Access Road, known and designated as Sub -Unit Number 24 of Unit Number 2099. Amherst Street from its intersection with a line 13 feet West of the West Property Line of Boston Avenue to its intersection with the East Property Line of Lot 19, Block 2, Friends Addition, known and designated as Sub -Unit Number 26 of Unit Number 2099. 17th Street from its intersection with a line 16 feet East of the East Property Line of Toledo Avenue (S.Side) to its intersection with a line 20 feet West of the West Property Line of Salem Avenue, known and designated as. Sub -Unit Number 31 of Unit Number 2099. Avenue B from its intersection with a line 12 feet North of the South Property Line of 30th Street to its intersection with a line 13 feet South of the North Property Line of 34th Street, known and designated as Sub -Unit Number 1 of Unit Number 2101. AND dJHEREAS, the improvements upon the said portions of the abovementioned streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract G.W.O. 10400. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned streets, and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. An 3 4 f964 � F Fj II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with referen to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 30TH DAY OF JUNE, 1964. Max Tidmore, Mayor ATTEST: � Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney CITY OF LUBBOCK June 30, 1964 Honorable Mayor and City Council Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by L. A. Purtell, paving contractor, under his contract dated April 1, 1963, designated as G.W.O. 10400, and find the improvements on Fordham Street from North Avenue Q Access Road to North Avenue N, Amherst Street from Boston Avenue East 300'; 17th Street from Toledo Avenue to SAlem Avenue and Avenue B from 30th.Street to 34th Street, as listed on the final estimate and assessment sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due him by the City of Lubbock and issue assignable certificates against property owners for the respective amounts shown on the attached final assessment sheets as being due against them and their respective properties. CONSOLIDATED FINAL ESTIMATE GWO 10,400 Accented June 30, 1964 UANTITIES Yours very truly, John T. Hickerson City Engineer Unit & S.Y. L.F. S.Y. S.Y. S.Y. L.F. Conc. Sub -Unit Location Paving C & G Alley Valley Re-sur- Railroad 6" Base Return Gutter facing Crossing 2099-24 Fordham St. from 1' E. of 718.12 401.42 the EPL of N. Ave. N to 13.91' E. of the WPL of N. Ave. Q Access Rd. 2099-26 Amherst St. from 13' W. of 1875.78 847.18 105.08 5.56 the WPL of Boston Ave. to the EPL of Lot 19 F. R. Friends Add. Block #2 2099-31 17th St: from 20' W. of 1880.00 865.00 the WPL of Salem Ave. to 16' E. of the EPL of Toledo Ave. 2101-1 Ave. B from 12' N. of the 5563.07 2581.51 25.00 52.62 SPL of 30th St. to 13' S. of the NPL of 34th St. TOTALS 10036.97 4695.91 25.00 105.08 5.56 52.62 COST ESTIMATE 10,036.97 S.Y. Paving @ $1.35 $ 13,549.91 4,695.91 L.F. Curb & Gutter @ $1.37 6,433.40 25.00 S.Y. Alley Return @ $4.50 112.50 105.08 S.Y. Valley Gutter @ $5.00 525.40 5.56 S.Y. Re -surface @ $0.90 5.00 52.62 L.F. Railroad Crossing@ $20.00 1,052.40 CONTRACT COST $ 21,678.61 COST DISTRIBUTION Unit & Contract Property City to Sub -Unit Cost Owner Cost Contractor NOW 2099-24 $ 1,519.41 $ 1,397.82 $ 121.59 2099-26 4,223.34 2,826.46 1,396.88 2099-31 3,724.15 3,982.10 - 257.95 2101-1 12,211.71 12,336.05 - 124.34 TOTAL $21,678.61 $20,542.43 $ 1,136.18 FINAL PAVING ASSESSMENTS FILED WITH ORIGINAL RESOLUTION IN RESOLUTIONS FILE. 8 JUN 3 01984 i4-23-278-746 Bids as follows were received -for the purchase of 12,000 feet of copper service pipe, being Bid No. 8067. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Morrison Supply Company for the purchase of this copper pipe. 4-23-278-747 Bids as follows were received for the purchase of 10,000 feet 3" water pipe and 10,000 feet 4" water pipe, being Bid No. 8089. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Alderson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Viking Supply Corporation, Dallas, Texas, for the purchase of this water pipe. 4-23-278-748 Bids as follows were received for the purchase of fencing for the Holly Avenue Electric Plant, being Bid No. 8079. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Cyclone Fence Company for the purchase of this fencing. 4-23-278-749 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, to authorize purchase of certain paving certificates for GWO 10450 on 50th Street from Pioneer Pavers. Purchase being made at a 5% discount: PAVING CERTIFICATES Unit No. Street Owner Legal Description Amount 2121-1 East 50th Street Dorothy Galloway Lot 3, Block 1, Birdwell Subd. $ 475.11 (Husband Howard E.) 2121-1 East 50th Street Dorothy Galloway Lot 2, Blk. 1, Birdwell Subd. 475.11 (Husband Howard E.) 2121-1 East 50th Street Dorothy Galloway Lot 1, Blk. 1, Birdwell Subd. 475.11 (Husband Howard E.) 2121-1 East 50th Street John Glenn Beginning at a point which is 1125.47 30' N. and 165' E. of the Southwest corner of Block 43, Suburban Homes Addition to the City of Lubbock, Texas; Thence East 144.5'; Thence North 120'; Thence West 144.51; Thence South 120' to the point and place of beginning (Less street and alley dedications) 2121-1 East 50th Street Ottie Baldree Lot 1, Baldree Add. 564.68 2121-1 East 50th Street Ottie Baldree Lot 2, Baldree Add. 564.68 2121-2 East 50th Street R. L. Gray The West k of Lot 7, less 584.15 street dedication James Subd. 2121-2 East 50th Street A.M. Fox The North k-of the East k 584.15 of Lot 7, less street dedica- tion, James Subd. 2121-2 East 50th Street V.M. McKee -The West k of Lot 6, less 584.15 street dedication, James Subd. - 2121-3 East 50th Street Mrs. Parilee Haggard -The West 981 of Lot 13, less 763.29 street dedication, Block 4, Clutter Add. 2121-3 East 50th Street John Calvin Haggard Beginning at the Southeast 778.87 corner of Lot 13, Blk. 4, Clutter Add. to the City of Lubbock, Lubbock County, Texas; Thence North 108'; Thence West 1001; Thence South 1081; Thence East 1001 to the point and place of beginning (less street dedication) 2121-3 East 50th Street Bobby J. Nachlinger Lot 14 and the -West 8' of Lot 1604.47 15 (less -street dedication) Blk. 4, Clutter Add.• -23-278-750 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, to authorize acceptance of this project and final payment to Hemphill Contracting Company in the amount of $3,130.34 for construction of the Guava Avenue Sanitary Sewer Line, GWO 10429. This being Sanitary Sewer Line to serve Litton Industries and warehouse area. Contract dated March 121, 1964. CITY OF LUBBOCK June 30, 1964 Certificate of Completion Honorable Mayor and City Council City of Lubbock, Texas Gentelmen: JUN 3 0 M4 1� 64-23-279-751 r r Company under contract dated March 12, 1964 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 contract Very truly yours, John T. Hickerson Director of Public Works CONTRACTORS 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 Glen Hemphill, who being by me duly sworn, upon oath says: I, Glen Hemphill, do represent to the City of Lubbock and solemnly swear that I executed a Contract with the City of Lubbock, said Contract being dated March 123, 1964, for Guava Avenue Sewer under Water Work Order No. 10429, 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 30th day of June, 1964. Hemphill Contracting Co. Attest: By: /s/ Glen Hemphill Subscribed and sworn to before me this the 30th day of June, 1964. 1s/ Daphne Winnie Ivy Notary Public in and for Lubbock County, Texas Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, to authorize acceptance of this project and final payment to Hemphill Contracting Company in the amount of $34,132.51 for construction of the East Lubbock Distribution Mains, WWO 11351. This being contract dated November 26, 1963. CITY OF LUBBOCK June 30, 1964 Certificate of Completion Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On June 21, 1964, I inspected the East Lubbock Distribution Mains, WWO 11351, constructed by Hemphil Contracting Company under contract dated November 26, 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 CONTRACTORS 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 Glen Hemphill, who being by me duly sworn, upon oath says: I, Glen Hemphill, do represent to the City of Lubbock and solemnly swear that I executed a Contract with the City of Lubbock, said Contract being dated November 26, 1963, for East Lubbock Dist. Main under Water Work Order No. 11351, 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 compl 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 30th day of June, 1964. Attest: _Hemphill Contracting Co. By;(s/Glen Hemphill io UN3CIV i4-23-280-752 -)4-23-280-753 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4457 be passed as an emergency measure. ORDINANCE ORDINANCE NO. 4457 AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FROM 30 MILES PER HOUR TO 35 MILES PER HOUR ON THAT PORTION OF THE STREETS DESCRIBED AS FOLLOWS: On both sides of Quirt Avenue from Parkway Drive to the Idalou Highway. AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. HOLMAN HENDRIX June 15, 1964 Lubbock City Council and City Traffic Department City Hall Gentlemen: We submit herewith our request to revise parking arrangements adjacent to property located at the Southeast corner of the intersection of 15th Street and Avenue V. Attached photos reveal parking facilities at this location now permits haphazard parking as well as traffic movement, there being no curbs along either street. The attached revised proposed plan reveals an arrangement which will permit 13 total parking units, 11 spaces of angle parking along Avenue V right-of-way as well as on owner's property, and 2 spaces on owner's property facing 15th Street -these 2 permitting entrance and forward exit by means of a driveway. Owner's plans to erect 6 apartment units as a second story addition to the present building, with the present building to be leased for offices and commercial uses, prompts this request. We respectfully request your approval of this plan as submitted. Yours very truly, Holman Hendrix Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, to authorize granting of the request for rearrangement of the parking area in accordance with the attached plat. (Adjacent to property located at the Southeast corner of the intersection of 15th Street and Avenue V.) PLAT SET IN ON PAGE 280A. 4-23-280-754 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, to authorize revision in the site plan in connection with driveway change. Said revised site plan being on file in the office of the Secretary of the Planning and Zoning Commission. This construction having been authorized by Ordinance No. 4134, Zone Case No. 1112. Property located on the South side of 50th Street between Quaker and Raleigh Avenues. The revised driveway plan having been recommended by the Planning and Zoning Commission at their meeting of June 4, 1964. 6 4-23-280-755 THE STATE OF TEXAS COLLATERAL ASSIGNMENT OF THE COUNTY OF LUBBOCK BENEFITS OF A BUILDING CONTRACT WHEREAS, Chuck Poole, Inc., a corporation of 3411 Knoxville, Lubbock, Texas, is a contractor under a contract with the City of Lubbock to build an administration building known as Holly Avenue Power Station for the Lubbock Power and Light Division of the City of Lubbock, said contract identified as Work Order No. EWO 12361, said contract dated the 14th of May, 1964, at a contract price of $35,699.00, and WHEREAS, in order to finish the work on the contract, the Chuck Poole, Inc., need to acquire working capital and -has arranged for advances from Citizens National Bank of Lubbock, and to secure the said advances the Citizens National Bank of Lubbock requires an assignment of the benefits of the above mentioned contract to secure the payment of $30,000.00 advanced and to be advanced to the said Chuck Poole, Inc. as represented and evidenced by a promissory note of even date herewith in said amount, bearing interest at the rate of 6% per annum and payable on or before the first of August, 1964. NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS: That Chuck Poole, Inc., a Texas corporation, acting by and through its duly authorized and empowered officers, do hereby transfer, assign and convey unto the said Citizens National Bank of Lubbock, all the benefits and payments to come due under the contract hereinabove described with the City of Lubbock, and do hereby authorize the City of Lubbock to make all payments on said contract payable jointly to Chuck Poole, Inc., and Citizens National Bank of Lubbock, this assignment for and in consideration of the advancement to the said Chuck Poole, Inc. of moneys by Citizens National Bank of Lubbock as hereinbefore set out. Should the note herein described be paid in accordance with its face and tenor and all other obligations of Chuck Poole, Inc. to Citizens National Bank of Lubbock, be paid and satisfied, then this assignment shall be of no further force and effect and shall become null and void. By its acknowledgment hereof by properly authorized officer the City of Lubbock hereby agrees to make all payments of each and every kind on the above entitled contract payable jointly to Chuck Poole, Inc., and Citizens National Bank of Lubbock. Nothing herein contained shall obligate the Citizens National Bank of Lubbock in any way to perform the building contract hereinabove described, but this an assignment of the benefits only of said building contract with no liability whatsoever on the part of Citizens National Bank of Lubbock. This contract shall become effective upon first advances of money by Citizens National Bank of Lubbock to Chuck Poole, Inc. JUN30PXq 2801 PLAT SET IN FROM PAGE 280. ITEM NO. 64-23-280-753. O �E I IJ STALLED a tmsvv , K To t>E s)(Tw©so 6LJzr-�5 TO P E IN5l-ALLE CITY OF LU BB(XK TRAFFIC FNGR. DEPT. SCALE ARAWN dY C+�rCKED A?PF .dED NOLMAI� pail UA7E DATE ALL EAMEN-�IONS IN FeST FL.E NO. UNLESS ()THERwviSt NORD Witt {OLERAt�S ' = 280B JUN 3 01984 MOTION SET IN FROM PAGE 281. ITEM NO. 64-23-280-755. Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen -Alderson, Kastman, and Medlock votinkYea, none voting Nay, to ratify and approve the above Co11�ator ii Assignment of the Benefits of a Building 'ontract between the City"M-4mbhack, Chuck Poole,. Inc., �nd the Citizens National Bank. 64-23-280B-755A The f4,lowing report was given to the City Council by City Manager, William J. Pitstick: Membership of the City -County Child Welfare Board The City -County Child Welfare Board is comprised of ten members each having a term of three years. Three members' terms expire each year for two years and four members' terms expire every third year. All members are appointed jointly by the City Council and the County Commissioners Court. Listed below are the members and their terms of office as of June 1, 1964: MEMBERS WHOSE TERM EXPIRES DATE TERM EXPIRES Mr. Charles Galey June 1, 1964 Reverend I. D. Walker June 1, 1964 Mr. C. E. Williams June 1, 1964 MEMBERS WHO HAVE CONTINUING TERMS Dr. David Vigness June 1, 1966 Mrs. W. W. Ranck June 1, 1966 Mr. Harold Banks June 1, 1966 Dr. Chester Golightly June 1, 1966 Dr. Carlton Dodson June 1, 1965 Mrs. C. R. Gallagher, Jr. June 1, 1965 Mrs. Norman Goodheim June 1, 1965 Notations on the City Secretary's record of this board indicated that the City had the respons-bility to appoint five of these members and the County five members. Of those members whose term ha expired, this record indicated the City should appoint successors to Mr. Charles Galey and Revere I. D. Walker and the County would appoint a successor to Mr. C. E. Williams. lk Through error the City Council was presented with all three of these names to select replace- ments. Likewise, the County Commissioners Court on May 28th was presented the same three nacres for selection of replacements. As a result of these two separate meetings the City Council appointed two replacements and the County appointed all three replacements. These are listed below: County Appointments: City Appointments: NEW MEMBER Mrs. A. T. Cocanougher Mrs. Melvin Deardorf Mr. C. E. Williams Rev. Carl Anderson Mrs. Somerville (No Appointment Made) OLD MEMBER Rev. I. D. Walker Mr. Charles Galey Mr. C. E. Williams Rev. I. D. Walker Mr. Charles Galey Mr. C. E. Williams The above action resulted in the appointment of five citizens to replace three vacancies. A conversation with Judge William R. Shaver discloses the County understands this mix-up and is very agreeable to any solution that the City Council may suggest. The Judge mentioned as a possible solution that three of these names be selected by lot and the other two appointees be appraised of the circumstances and asked to wait for subsequent vacancies in 1965 at which time they would be appointed to this Board. The Judge will await further word from the City Council. /s/ A. P. Couch Director of Finance JW 3 01964 c2Q- r_ Mft Witness the hand of Chuck Poole, Inc., a Texas corporation, acting by and through its duly authorized officers under the permission, authorization and authority of the Board of Directors I of said corporation, this 22nd day of June, 1964. - 1 ATTEST: CHUCK POOLE, INC. /s/ Evelyn N. Poole BY: /s/ Charles I. Poole Secretary President ACCEPTED AND AUTHORIZED BY THE CITY OF LUBBOCK, this the 23rd day of June, 1964. CITY OF LUBBOCK By: /s/ W. E. Alderson W. E. Alderson, Mayor Pro Tem City of Lubbock APPP,OVED AS TO FORM: /s/ Fred 0. Senter City Attorney SEE MOTION ON PAGE 280B. 64-23-281-756 DOWNTOWN LUBBOCK, INC. June 17, 1964 Mr. William J. Pitstick, City Manager City Hall Lubbock, Texas Dear Mr. Pitstick: The Board of Directors of Downtown Lubbock, Inc. has requested that I write you for the City's permission to use a portion of the sidewalk in front of downtown stores for a Sidewalk Sale, to be held all day, July 23. Downtown Lubbock Merchants had such a sale last year, and the results were so gratifying that they plan to make the sidewalk sale an annual event. Merchants.use about one-third of the sidewalk, taking care not to interfere with foot traffic, where they set up tables and display special sales merchandise for people who want to examine it. Last year we heard of no traffic problem or inconvenience to the public during the sale and all merchants agree to handle this year's sale in the same manner. If it is possible, we would like permission to hold this sale annually during the month of July. OAG:bh Sincerely yours, /s/ Otice A. Green, Executive Secretary Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, to authorize the sidewalk sale to be held by the Downtown Lubbock merchants on July 23, 1964, in accordance with the above request. The merchants to hold the City harmless from any claims that may arise from this sale. 64-23-281-757 PANHANDLE AND SANTA FE RAILWAY COMPANY June 4, 1964, File 28 33 001. Mr. John T. Hickerson, Director of Public Works, City of Lubbock, City Hall, Lubbock, Texas. Dear Mr. Hickerson: I have had numerous complaints from citizens of Lubbock regarding flasher protection at Slide Road and our main line crossing in the City of Lubbock. These complaints are primarily based on the fact that this is a multi -lane crossing and the interior lanes of traffic view to flasher protection is obstructed by traffic in outside lanes, over this crossing. In order that this situation may be corrected am attaching copy of our sketch No. 4913-A showing proposed flasher protection to be placed on median in the center line of Slide Road. This arrangement would give the interior lanes of traffic full protection at this crossing. Since this original installation of flasher protection at this crossing was a joint project between Railway Company and City of Lubbock handled on 50-50 percent expense basis, I request that the City of Lubbock join the Railway Company in placing this additional protection for an estimated total cost of $1590.00. An early reply to this request will be appreciated, as it is our intention to place this item on our 1965 Budget, for approval. Yours truly, /s/ G. A. Alexander - Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, to authorize the City of Lubbock to participate in the cost of the flasher signal at the crossing of Slide Road with its Seagraves Branch. The City's contribution to be 50% of the signal cost but not in any event to exceed $800.00. -23-281-758 NOTICE TO BIDDERS W.W.O. 11363 Sealed proposals addressed to the Honorable Mayor and City Council, Post Office Box 2000, Lubbock, Texas, attention Director of Public Works, will be received at the Office of the Director of Public Works until 10:00 A.M. June 29, 1964, City Hall, for furnishing all necessary materials, machinery, equipment, superintendence and labor for the construction of caliche roads in the City JUN 3iD WA The principal items of work included -in this project are constructing approximately 44,800 square yards of caliche road 10 feet wide and 6-inch compacted thickness and 11,900 square yards of caliche hardstands with 6-inch compacted thickness. Bidder must submit a cashier's or certified check issued by a bank satisfactory to the Owner, or a Bidders Bond from a reliable Surety Company, payable without recourse to the order of the City of Lubbock in an amount not less than five (5%) per cent of the base bid submitted as a guarantee that the Bidder will enter into a contract within ten (10) days after notice of award to him. Bids without required check or proposal bond will not be considered. 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 State and Federal Wage and Hour Laws and must not pay less than the rate legally prescribed or as set forth herein whichever is higher. 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. Mechanic, Workman General Prevailing or Type of Laborer Hourly Rate Motor Grader Operator $ 1.75 Crane, Clamshell, Backhoe, Derrick, Dragline and Power Shovel Operator 2.00 Bulldozer Operator, 80 h.p. & less 1.50 Bulldozer Operator, more than 80 h.p. 1.75 Laborer, Common 1.15 Mechanic 1.96 Mechanic's Helper 1.50 Watchman 1.15 Truck Drivers: Single Axle, Light 1.25 Single Axle, heavy 1.50 Tandem Axle & Semi -trailer 1.25 Lowboy 1.75 Winch 1.50 Copies of the Plans and Specifications are on file in the office of the Director of Public Works, City Hall, 916 Texas Avenue, Lubbock, Texas and may be secured from the above office upon request. Payment for successful completion of this contract will be made from Bond Funds of the City of Lubbock. i Attest: l��v Lavenia Lowe, City Secretary CITY OF LUBBOC S NE By Max' Ti3 ore, Mayor In accordance with the above Notice to Bidders, bids as follows were received for the construction of roads and well stands in -the Sandhills Water Well Field, WWO 11363. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Walter Jarnagin, it being considered the lowest and best bid. The Mayor being hereby authorized to enter into contract. 64-23-282-759 There was further discussion by the City Council of developement of the property located on the South side of 50th Street between Quaker and Raleigh Avenues being Zone Case No. 1112 (Site plan revision being authorized on this date.) Motion was made by Councilman Medlock, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that the owners of this land who are developing the property obtain contract from the Panhandle & Santa Fe Railway Company for a drainage easement from this property to the railroad culvert to the Northeast of this property. 64-23-282-760 In connection with passage by the City Council of a Resolution authorizing the Mayor to execute Quit Claim Deed to an electric line easement in Bender Terrace Addition, motion was made by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, to require that the City of lubbock not spend any money in connection with the relocation of this electric line. 64-23-282-761 NOTICE OF CITY COUNCIL HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Council will hold a public hearing on the 30th day of June, 1964, at 10:30 A.M., in the City Council Room on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the Zoning district of the property herein described be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance and mate will be amended in accordance with such recommendation_ JUN 3 01964 ' F ZONE CASE NO. 1058-A-Request of H. E. Cone to change the SW k of the SW k of the SW k of Section 7, Block E-2, Lubbock County, Texas, from an "R-l" to an "RL3" Zoning District. (NE Corner 66th Street and Indiana) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. That uses permitted by Section 8.1-10 only of the Zoning Ordinance be made of the property. 2. That one paved off-street parking space be provided for each 100' of total floor space. ZONE CASE NO. 1204-A-Request of Albert Troost (for A and J Developers, Inc.) to change a tract of land out of Section 4, Block E-2, 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 3528.25' West and 65' North of the SE Corner of said Section 4, Block E-2, at a point in the North R-O-W line of 19th Street, City of Lubbock, Lubbock County, Texas. THENCE North 190' to a point; THENCE West 21.5' to a point; THENCE South 190' to a point in the North R-O-W line of said 19th Street; THENCE East 21.5' along the North R-O-W of said 19th Street to the PLACE OF BEGINNING. (North side of 19th Street about in line with Dover Avenue.) The Planning and -Zoning Commission recommended to the City Council that this request be granted subjec to the following conditions: 1. That the property be restricted to an apartment development only. 2. That the density be limited to not more than one apartment unit for each 1000 square feet of lot area. 3. That 1 k paved off-street parking spaces be provided for each apartment unit. 4. That the alley be paved by the developer prior to the issuance of any building permit. ZONE CASE NO. 1242-Request of M. L. Pirtle (for Parkway Drive Church of Christ) to change Lots 11 thru 20, Block 4, Bozeman Heights Addition, City of Lubbock, Lubbock County, Texas, from an "R-l" to an "R-2 " Zoning District. (Between Parkway Drive and E. 1st Street and N. Elder and Guava Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be granted. ZONE CASE NO. 1243-Request of the Planning and Zoning Commission, City of Lubbock, Lubbock County, Texas, to change that portion of a tract of land that is not now in the "C-4" Zoning District, from an "R-l" to a "C-4" Zoning District. Said property is further described as follows: BEGINNING at a point in the East R-O-W of Idalou Road at the North line of the first alley - north of E. Main Street; - THENCE East 500' more or less to a point in the most western line of an Northeast -Southwest alley; THENCE Northeasterly 9301, more or less, along said alley line to a point even with the most northern line of the first alley north and parallel to E. 8th Street. THENCE Northwesterly in line with the most northern line of the first alley north and parallel to E. 8th Street to a point in the East R-O-W line of Idalou Road; THENCE Southeasterly along the East R-O-W line of Idalou Road to the PLACE OF BEGINNING. (East of Idalou Road and north of E. Main Street.) The Planning and Zoning Commission recommended to the City Council that this request be granted. ZONE CASE NO. 1244-Request of Billy Meeks (for Wilson Construction Co.) to change the South � of Block 1 and all of Block 2, Casey Subdivision, an addition to the City of Lubbock, Lubbock County, Texas, from an "R-l" and an "R-2" Zoning District to an "R-3" Zoning District. (West of Peoria Avenue between 24th Street and first alley north of 22nd Place.) The -Planning and Zoning Commission recommended to the City Council that.this request be granted subject to a condition that 1 k paved off-street parking spaces be provided for each apartment unit. ZONE CASE NO. 1247-Request of J. E. McCain (for Ryne Simpson) to change Block 2, Ryne-Simpson Quirt Avenue Addition, City of Lubbock, Lubbock County, Texas, from an "R-l" to a "C-4" Zoning District. (West of Quirt Avenue between E. 5th and E. 6th Streets.) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. That the property be limited to a trailercoach park development only. 2. That no ingress or egress be allowed from 6th Street. 3. That a 6' solid permanent type screening fence be erected and permanently maintained along the 6th Street property line and along the property line west and the property line 84 JUN 3 0 1964 fence shall be slanted across the SW Corner from points in the West and South property lines 25' from a point where the West and South property lines inter ct. i Laven a Lowe, City Secre ry-Treasurer In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1058-A- Request of H. E. Cone to change property located at the Northeast corner of 66th Street and Indiana Avenue from "R-l" to "R-3" zoning district. Bill Cox appeared in support of this zone change representing Mr. Cone. No person appeared in protest, whereupon, the Mayor stated the Hearing was closed. After consideration of all facts presented motion was made by Councilman Medlock, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilman Alderson and Medlock voting Yea, none voting Nay, that Ordinance No. 4461 be passed on first reading to change the zone of Zone Case No. 1058-A from "R-l" to "R-3" zoning district. Councilman Kastman abstained from voting on this item. ORDINANCE ORDINANCE NO. 4461 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. 1058-A: CHANGE THE SW k OF THE SW k OF THE SW k OF SECTION 7, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO'AN "R-3" ZONING DISTRICT; SUBJECT TO CONDITIONS. 64-23-284-762 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1204-A- Request of Albert Troost (for A and J Developers, Inc.) to change the zone of property located on the North side of 19th Street about in line with Dover Avenue from "R-l" to "R-3" zoning district. Albert Troost 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 Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4462 be passed on first reading to change the zone of Zone Case No. 1204-A from "R-l" to "R-3 " zoning district. ORDINANCE ORDINANCE NO. 4462 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. 1204-A: CHANGE A TRACT OF LAND OUT OF SECTION 4, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN "R-3" ZONING DISTRICT; SUBJECT TO THE FOLLOWING CONDITIONS. 64-23-284-763 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1242-' Request of M. L. Pirtle (for Parkway Drive Church of Christ) to change property located between Parkway Drive and East 1st Street and North Elder and Guava Avenue from "R-1" to "R-2" zoning district. A. M. Embree appeared in support -of -this zone change representing Mr. Pirtle. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented motion was made by Councilman Alderson, seconded by Councilman Medlock, motion carri that Ordinance No. 4463 be passed on first reading to change the zone of Zone Case No. 1242 from "R-1" to "R-2" zoning district. The vote on this item being as follows: Mayor Tidmore and Councilm Alderson, Kastman, and Medlock voting Yea, none voting Nay. ORDINANCE ORDINANCE NO. 4463 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. 1242: CHANGE LOTS 11 THRU 20, BLOCK 4, BOZEMAN HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO AN "R-2" ZONING DISTRICT. 64-23-284-764 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1243-Request of the Planning and Zoning Commission to change property located East of Idalou Road and North of East Main Street from "R-l" to "C-4" zoning district. Mrs. Ray Young appeared for this zoning hearing but stated that she did not oppose the change. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented motion was made by Council- man Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4464 be passed on first reading to change the zone of Zone Case No. 1243 from "R-l" to "C-4" zoning district. ORDINANCE ORDINANCE NO. 4464 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. 1243: CHANGE THAT PORTION OF A TRACT OF LAND THAT IS NOT NOW IN THE "C-4" ZONING DISTRICT, FROM -AN "R-l" TO A "C-4" ZONING DISTRICT. 64-23-284-765 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1244- Request of Billy Meeks (for Wilson Construction Company) to change property located West of Peoria Avenue between 24th Street and first alley North of 22nd Place from "R-l" and "R-2" to "R-3 " zoning district. Billy Meeks appeared in support of this zoning hearing. No person appeared in protest, whereupon the Mayor stated the Hearing was closed. After consideration of all facts presented motion was made by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4465 be passed on first reading to change the zone of Zone Case No. 1244 from "R-l" and "R-2" to "R-3" zoning district. The City Council also stated that in the event this property is not used for construction of apartments, the construction placed thereon shall meet the requirements of Development Standards Methodist Hospital -Clinic Area. ORDINANCE ORDINANCE NO. 4465 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. 1244: CHANGE THE SOUTH � OF BLOCK 1 AND ALL OF BLOCK 2, CASEY SUBDIVISION, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" AND AN "R-2 " TO AN "R-3" ZONING DISTRICT, SUBJECT TO CONDITION. 64-23-284-766 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1247- Request of J. E. McCain (for Rhyne Simpson) to change property located West of Quirt Avenue between East 5th Street and East 6th Street from "R-l" to "C-4" zoning district. Mr. Ed Napier, Attorney, avveared in suDDort of this zone change representine the DroDerty owners. No Derson aDDeared in JUR 3 Q M¢ 64-23-285-767 64-23-285-768 presented motion was made by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that + Ordinance No. 4466 be passed on first reading to change the zone of Zone Case No. 1247 from "R-l" to "C-4" zoning district. Authorization being also hereby given by the City Council for cancellation of the requirement recommended by the Planning and Zoning Commission that a screening fence be constructed. ORDINANCE ORDINANCE NO. 4466� 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. 1247: CHANGE BLOCK 2, RYNE SIMPSON QUIRT AVENUE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO A "C-4 " ZONING DISTRICT: SUBJECT TO CONDITIONS. NOTICE OF CITY COUNCIL HEARING NOTICE is hereby given to owners of 'the property hereinafter described or referred to and to all other persons as provided by law, that the City Council will hold a public hearing on the 30th day of June, 1964, at 10:30 A.M., in the City Council Room on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the zoning district of the property herein described be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation. ZONE CASE NO. 1239-Appeal of Opal Johnson to change Lot 79, Windsor Heights Addition, City of Lubbock, Lubbock County, Texas, from an "R-2" to a "C-3" Zoning District. (SW Corner 51st Street and Avenue U.) The Planning and Zoning Commission recommended to the City Couis op be not granted. Lavenia Lowe, City Secretary -Treasurer In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1239- Appeal of Opal Johnson to change property located at the Southwest corner of 51st Street and Avenue U from "R-2 " to "C-3" zoning district. Mrs. Opal Johnson appeared in support stating to the City Council that she would accept an "R-3" instead of "C-3". No person appeared in protest, whereupon the Mayor stated the hearing was closed. After consideration of all facts presented motion was made by Councilman Kastman, seconded by Councilman Alderson, motion carried, Councilmen Alderson and Kastman voting Yea, Mayor Tidmore and Councilman Medlock voting Nay, to uphold the recommendation of the Planning and Zoning Commission and REJECT this request. Because of the 4/5 vote not being secured for change of this zone it will therefore, remain in the present "R-2 " zoning district. NOTICE OF CITY COUNCIL HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Council will hold a public hearing on the 30th day of June, 1964, at 10:30 A.M., in the City Council Room on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the zoning district of the property herein described be changed; and which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation ZONE CASE NO. 1245-Appeal of Melvin Harvey and Burl Jones (for Doug Howell, Jack Jones, Bob Jones, and Leroy Elmore) to change a tract of land out of the SE k of Section 2, Block A, Lubbock County, Texas, from an "R-l" to a "C-3" Zoning District, limited to "7-11" Grocery Store use only. Property is further described by metes and bounds to wit: A 100' x 245' Tract out of the SE k of Section 2, Block A, Lubbock County, Texas: BEGINNING at a point in the West line of Cherry Avenue, which point is the SE Corner of Tract "E" Wilshire Park Addition to the City of Lubbock, Lubbock County, Texas; THENCE South with the West line of Cherry Avenue, 100' to a point, the Southeast corner of this tract; THENCE West, parallel to the south line of said Tract "E", Wilshire Park Addition, 245' to a point in the East line of a dedicated alley for Southwest corner this tract; THENCE North, along the East line of dedicated alley 100' to a point, the Northwest corner this tract, and being also the intersection of the south line of a 10' private utility easement and the East line of dedicated alley; THENCE East, along South line of private utility easement, and south line of said Tract "E", Wilshire Park Addition, 245' to Northeast and BEGINNING corner. (West side of Cherry Avenue about 150' South of Parkway Drive.) The Planning and Zoning Commission recommended to the City Counci ha this q es be not granted. Lavenia Lowe, City Secr tary-Treasurer called In accordance with the above Notice of Zoning Hearing, hearing was / on Zone Case No. 1245- Appeal of Melvin Harvey and Burl Jones (for Doug Howell, Jack Jones, Bob Jones, and Leroy Elmore) to change property located on the West side of Cherry Avenue about 150' South of Park�%oAive from "R-l" to "C-3" zoning district, limited to "7-11" Grocery Store use only. Leroy appeared in support of this zone change and no person appeared in protest. Motion was made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kacrman_ and Medlock voting Yea_ none voting Nav_ to authorize this hearing to be continued at JUN 3 01964 64-23-286,769 64-23-286-770 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4467 be passed on first reading. ORDINANCE ORDINANCE NO. 4467 AN ORDINANCE AMENDING ARTICLE II, DIVISION 1 OF CHAPTER 28, OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK; TO ADD A NEW SECTION, SECTION 28-47.1, PROVIDING THAT AUTHORITY GIVEN TO THE CITY ENGINEER IN ARTICLE II, DIVISION 1 BE DELEGATED TO THE BUILDING INSPECTOR. Motion by Councilman Alderson, .seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4468 be passed on first reading. ORDINANCE ORDINANCE NO. 4468 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF WOLFFORTH ROAD, BETWEEN AVENUE P AND AVENUE L, AND A PORTION OF AVENUE N ADJACENT TO McLARTY'S CIRCLE VIEW ADDITION, SAID STREETS BEING 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 THE STREETS AS AFORESAID. 64-23-286-771 In accordance with the Notice of Zoning Hearing of record on page 248, Minute Book 23, hearing was held on Zone Case 1235, said hearing having been coAtinu6t�& City Council meeting of June 4, 1964, at the request of the property owners. This being request of Ler6y.Elmore to change property located South of 15th Street and East of Norfolk Avenue from "R-2" to "C-4 " zoning district, limited to uses permitted in the "C-2" zoning district, plus motel use. Mr. Elmore 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 Councilman Medlock, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, none voting Nay, that Ordinance No. 4460 be passed on first reading to change the zone of Zone Case No. 1235 from "R-2 " to "R-3" zoning district. ORDINANCE ORDINANCE NO. 4460 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. 1235: CHANGE BLOCKS 1, 2, 3, 8, 9, AND 10, C. C. LEFTWICH SUBDIVISION, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK-COUNTY, TEXAS, FROM AN "R-2" TO AN "R-3 " ZONING DISTRICT, SUBJECT TO CONDITIONS. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, JUNE 30, 1964. ATTEST: Lave is Lowe, City S cretary- reasurer READ AND APPROVED THIS THE 16th DAY OF July , 1964. MAX TIDMORE, Mayor ATTEST- Lav is Lowe, Ci y Secretary -Treasurer