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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/10/1964svI0%4 ' � F 64-23-371-998 (1) 64-23-371-999 (2) F- 64-23-371-1000 (2a) r- 64-23-371-1001 (9) 64-23-371-1002 (4) 64-23-371-1003 (6) 64-23-371-1004 (3 ) 64-23-371-1005 (7 ) September 10, 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, Rolan Simpson, and W. E. Medlock, City Attorney Fred 0. Senter, Jr., City Manager William J. Pitstick, Jr., City Secretary -Treasurer Lavenia Lowe. Absent: None. Invocation was given by Mayor Max Tidmore. Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to approve Minutes of City Council -Regular Meeting held August 27, 1964. Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to approve Minutes of City Council -Special Called Meeting held August 20, 1964. Motion by Councilman Alderson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4504 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4504 AN ORDINANCE ABANDONING AND CLOSING THE EAST -WEST ALLEY IN BLOCK 13, MADDOX ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SAID PROPERTY. Motion by Councilman Alderson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4505 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4505 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. 1250: CHANGE THE EAST 33 FEET OF LOT 15, ALL OF LOT 16 AND THE WEST 41 FEET OF LOT 17, HULIN HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3 " TO A "C-2A " ZONING DISTRICT, SUBJECT TO CONDITION. Motion by Councilman Alderson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4507 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4507 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. 1200-A: CHANGE LOT 4, BLOCK 4, CLUTTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-3" TO AN "M-l" ZONING DISTRICT. Motion by Councilman Alderson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4508 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4508 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 Projects Fund The sum $14,166.72 For the following purpose: For construction of water lines in Coronado Addition ahead of paving in Southeast Drive from 20th Street to Hickory Avenue, in Birch Avenue from 19th Street to 20th Street, and service to Block 8, Coronado Additia Motion by Councilman Alderson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4509 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4509 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1252: CHANGE THE SOUTHEAST k OF BLOCK 7, JOHN W. JARROTT SUBDIVISION OF THE NORTHWEST k OF SECTION 15, BLOCK B, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "R-3" ZONING DISTRICT, SUBJECT TO CONDITIONS. 64-23-371-1006 (8 ) Motion by Councilman Alderson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4510 be passed on second and final reading. ."72 EP 10196$ ORDINANCE ORDINANCE NO. 4510 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. 1255: CHANGE A TRACT OF LAND OUT OF SECTION 16, BLOCK A, LUBBOCK COUNTY, TEXAS, FROM AN "M-1" TO AN 11M-2" ZONING DISTRICT, SUBJECT TO CONDITION. 64-23-372-1007 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (24) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4512 be passed on first reading. r-� AN APPROPRIATION ORDINANCE ORDINANCE NO. 4512 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 Bond Fund EWO # 12348 m The sum $85,425.00 For the following purpose: Design, Mfg., Deliver one Main Generator Step-up Power Transformer complete- with accessories and features (12.5 KV to 69 KV, 55000 KVA) 64-23-372-1008 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (25) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4513 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4513 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 Bond Fund EWO # 12364 The sum $110,500.00 For the following purpose: Furnish materials, labor, and equipment necessary to supply the details, fabrication, and delivery all structural steel and miscl. items for Holly Avenue Steam Power Station, FOB Job Site. 64-23-372-1009 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (26) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4514 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4514 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 Bond Fund EWO # 12362 The sum $12,700.00 For the following purpose: Furnish materials, and labor, engineering, technical data for the manufacture and deliver FOB Job Site Main Steam Piping. 64-23-372-1010 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (27) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4515 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4515 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 Bond Fund EWO # 12349 The sum $35,800.00 For the following purpose: Design, Mfg., deliver one Aux. Power Transformer and One Start-up Power Transformer both complete with accessories. 37"' SEP 10. am 64-23-373-1011 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (28) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4516 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4516 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 Bond Fund EWO # 12353 The sum $19,875.00 For the following purpose: Design, Mfg., and Deliver, erect one Elevator with all labor and materials for a complete Elevator Unit. 64-23-373-1012 NOTICE OF CITY COUNCIL HEARING (10) 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 loth day of September, 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 it recommendation. ZONE CASE NO. 1251-Appeal of M. L. Pirtle to change Lot 14, Block 3, Bozeman Heights Addition, City of Lubbock, Lubbock County, Texas, from an "R-1" to a "C-3" Zoning District. (South of Parkway Drive about 185' east of Cherry Avenue) The Planning and Zoning Commission recommended to the City Council that this request be not granted. ZONE CASE NO. 1254-Appeal of Hulen Penney (for G & G Construction Co.) to change Lot 7, Block G, Butler -Estates Annex Addition, Lubbock County, Texas, from an "R-2" to an "R-3" Zoning District. (SE Corner 43rd and Avenue L) The Planning and Zoning Commission recommended to the City Council th his reque 'be not granted. i Lavenia Lowe, City Sec tary-Treasu: City of Lubbock, Lubbock County, Te: In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1251-Appeal of M.L. Pirtle to change the zone from "R-1" to "C-3" of one lot located South of Parkway Drive about 1850 East of Cherry Avenue. Charles Jones, Attorney, appeared in support of this zone change representing M. L. Pirtle. Also appearing in support was Mr. Corky Baseman and M. L. 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 Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and REJECT this request for change to "C-3" zone. 64-23-373-1013 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1254- (11) Appeal of Hulen Penney (for G & G Construction Company) to change from "R-2" to "R-3" zoning district one lot located at the Southeast corner of 43rd and Avenue L. Hulen Penney 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 Simpson, seconded by Councilman Medlock, to pass ordinance on first reading to change the zone of Zone Case No. 1254 from "R-2" to "R-3" zoning district. The vote on this item being as follows: Mayor Tidmore and Councilmen Simpson and Medlock voting Yea, Councilmen Alderson and Kastman voting Nay. This motion failed to carry because of the zone change not being recommended by the Planning and Zoning Commission and a 4/5 vote of the City Council to change the zone, being required 64-23-373-1014 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (11a) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to request the Planning and Zoning Commission to initiate a study and make recommendations to the City Council as to zoning of the area in which the property covered by Zone Case No. 1254 is located. 64-23-373-1015 (46) BENTON OIL COMPANY 27 August 1964 Gasoline Bid: 8186 Mr. Floyd Nesbitt Purchasing Agent City of Lubbock Dear Mr. Nesbitt: Reference our gasoline bid to the City for a period of one year: The bid we submitted was exclusive of Federal and State taxes: Regular Gasoline .164 .09 .254 Regular Price Ethyl Gasoline .199 .09 .289 Ethyl Price -. We ravret anv i nrnnvpni PnrP raimad vnoir nffi ra and !-ha f.i t ca rrwnm-3 aa4 nn 1,17 .,,.,- $a$ 1 „rn f-- SEP 10 M4 The City Council considered the request of Benton Oil Company as set out in the above letter. Motion was made by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, apg2g,ofnd Medlock voting Yea, none voting Nay, to authorize acceptance of the withdrawal of/said company for furnishing the City of Lubbock gasoline as quoted in their bid considered by the City Council on August 31, 1964. This being Bid No. 8186. 64-23-374-1016 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (46a) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of the Texas Company for purchase of the City's requirement of gasoline for the period beginning September 1, 1964 and ending August 31, 1965, being Bid No. 8186. This being for purchase of approximately 60,000 gallons of regular gasoline minimum octance rating being 95.0 at .1173 per gallon. 64-23-374-1017 In accordance with the Notice of Budget Hearing of record in Minute Book 23, page 296 said hearing (12) was held. Mr. barwin DeWess appeared before the City Council protesting the reduction of man power for the Fire Department. No other citizens appeared for the hearing. After review of the Budget as presented motion was made by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to adopt said operating budget as presented for the fiscal year beginning October 1, 1964, and ending September 30, 1965. Said Budget being in a total amount Mof;i1,,,�79,808 plus $864,000 to be placed in reserve for the treatment plant for the Canadian River// a e uthority. Said Budget being based on a City tax rate of $1.50. 64-23-374-1018 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (17) Councilmen Alderson, Kastman, Simpson, 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 Pioneer Pavers, Inc. (G.W.O. 10,450) for the making and construction of street improvements on portions of numerous streets and/or avenues in said City including among others the following: 37th Street from its intersection with a line 3 feet East of the East Property Line of Avenue P to its intersection with the West Property Line of Avenue N,--known and designated as Sub -Unit Number 1 of Unit Number 2114. 35th Street (the cul-de-sac East of Avenue U) known and designated as Sub -Unit Number 14 of Unit Number 2114. Akron Avenue from its intersection with the South Property Line of 45th Street to its intersection with the North Property Line of 46th Street, known and designated as Sub -Unit Number 8 of Unit Number 2115. Akron Avenue from its intersection with the South Property Line of 35th Street to its intersection with the North Property Line of 36th Street, known and designated as Sub -Unit Number 9 of Unit Number 2115. Raleigh Avenue from its intersection with a line 8 feet South of the South Property Line of 35th Street to its intersection with the North Property Line of 36th Street, known and designated as Sub -Unit Number 11 of Unit Number 2115. 28th Street from its intersection with a line 6 feet East of the East P operty Line of Quaker Avenue to its intersection with a line 12 feet West of the West Property Lin Aeoria Avenue, known and designated as Sub -Unit Number 17 of Unit Number 2115. 51st Street from its intersection with a line 16 feet East of the East Property Line of Avenue W to its intersection with the West line of Bayless Addition., known and designated as Sub -Unit Number 26 of Unit Number 2115. Raleigh Avenue from its intersection with the South Property Line of 36th Street to its intersection with a line 5 feet North of the North Property Line of 37th Street, known and designated as Sub -Unit Number 27 of Unit Number 2115. AND WHEREAS, the improvements upon the said portions of the abovementioned streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract G.W.O. 10,450. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned streets and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and feraffter.iits passage. PASSED AND APPROVED THIS 10TH DAY OF SEPTEMBER, 1964. � J / JaWAY--� 7C SEP 10 r .., -- OWL - -- i ATTEST: Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney CITY OF LUBBOCK September 10, 1964 Honorable Mayor and City Council Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Pioneer Pavers, Inc., paving contractor, under their contract dated March 6, 1964, designated as G.W.O. 10,450 and find the improvements on 37th Street from Avenue P to Avenue N, 35th Street (the cul-de-sac east of Avenue U), Akron Avenue from 35th to 36th Street and 45th to 46th, Raleigh Avenue from 35th Street to 37th Street, 28th Street from Peoria Avenue to Quaker Avenue and 51st Street from Avenue W east as listed on the final estimate and assessment sheetto have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock and issue assignable certificates against property owners for the respective amounts shown on the attached final assessment sheets as being due against them and their respective properties. Yours very truly, John T. Hickerson City Engineer CONSOLIDATED FINAL ESTIMATE G.W.O. 10450 Accepted Se tember 10 1964 QUANTITIES Unit & S.Y. S.Y. S.Y. S.Y. Sub -Unit Location Paving Paving L.F. Alley Re-sur- _ Cash Payment 6" Base C & G Return facing 2114-1 37th St. from 3' East of the 1747.78 1210.00 EPL of Avenue P to the WPL of Avenue N 2114-14 35th St. (the cul-de-sac 607.59 266.10 23.31 East of Avenue U) 2115-8 Akron Avenue from the SPL of 808.89 588.00 16.40 45th St. to the NPL of 46th St. 2115-9 Akron Ave, from the SPL of 35th 772.78 539.00 21.33 St. to the NPL of 36th St. 2115-11 Raleigh Ave. from 8' S. of the 940.44 558.50 24.89 3.56 SPL of 35th St. tothe NPL of 36th St. 2115-17 28th St. from 6' E. of the EPL 2078.11 584.00 of Quaker Ave. to 12' W. of the WPL of Peoria Avenue 2115-26 51st St. from 16' E. of the EPL 2183.11 1228.00 of Ave. W to the West line of Bayless Addition 2115-27 Raleigh Ave. from the SPL of 960.00 572.00 24.89 36th St. to 5' N. of the NPL of 37th St. COST ESTIMATE 9,491.11 S.Y. 5,545.60 L.F. 110.82 S.Y. 607.59 S.Y. 3.56 S.Y. TOTALS Paving Curb & Gutter Alley Return Paving(cash payment) Re -surface COST DISTRIBUTION 607.59 9491.11 5545.60 110.82 3.56 @ $1.55 @ $1.47 @ $5.00 @ $1.45 @ $1.20 CONTRACT COST $ 14,711.22 8,152.03 554.10 881.01 4.27 $ 24,302.63 Unit & Contract Property City to City to Con - Sub -Unit Cost Owner Cost Contractor tractor when NOW Unit Com lete 2114-1 $ 4,487.76 $ 4,637.12 $ - 149.36 2114-14 1,388.72 99.29 $ 1,289.43 2115-8 2,200.14 1,626.76 573.38 2115-9 2,096.79 1,550.04 546.75 2115-11 2,407.40 1,946.32 461.08 2115-17 4,079.55 2,889.28 - 89.92 1,280.19 2115-26 5,188.98 1,939.24 12.29 3,237.45 2115-27 2,453.29 1,965.20 488.09 $24,302.63 16,553.96 - 1,941.60 - 5,807.07 1,165.56 4,641.51 Balance Aug. 13, 1964, Acceptance - 3,107.16 Adjusted City Cost - 1,165.56 w_ Transfer from escrow 1,165.56 New Balance 0.00 FINAL PAVING ASSESSMENTS FILED WITH ORIGINAL RESOLUTION IN RESOLUTIONS FILE. 76 SEP 10 N4 64-23-376-1019 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (45) Councilmen Alderson, Kastman, Simpson, and Mediock 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 Lease 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 loth day of September, 1964. �- MAX TIDMORE, Mayor ATTEST: r Ah- Lavenia Lowe, City Secretary -Treasurer APPROVED: Fred 0. Senter, Jr., City Attorney LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK THIS Lease made this 10th day of September, 1964, between the City of Lubbock, a Home Rule Municipality, herein called Lessor, and CHAR -KING OF LUBBOCK, INC., a corporation organized under the laws of the State of Texas, hereinafter called the lessee, witnesseth: The lessor hereby leases to the lessee a portion of that tract or parcel of land described as Lot 1, Henry Addition to the City of Lubbock, Lubbock County, Texas, save and except the following described fenced tract, to -wit: BEGINNING at a point 65.0 feet North 360 06' 20" West of the Southwest corner of Lot 1, Henry Addition, as described in Vol: 663, page 117 of the Deed Records of Lubbock County, Texas, said corner being a 1/2 " iron pipe; THENCE North 360 06' 20" West 65.7 feet, this being the Northwest corner of said tract; THENCE North 530 53' 40 " East 52.7 feet, this being the Northeast corner of said tract; THENCE South 360 22' 00" East 66.3 feet, this being the Southeast corner of said tract; -n THENCE South 530 53' 40" West 53.0 feet to the POINT OF BEGINNING. To hold the same to the lessee for the term of 10 years from the 1st day of October, 1964, paying therefor yearly rent of $1200.00, payable in monthly installments of $100.00 each on the first day of each and every month during this lease, in advance, upon the following conditions and covenants: FIRST: THAT the lessee shall pay the rent in advance as aforesaid, as the same shall fall due. SECOND: THAT the lessee shall have the right, at its own expense to construct sidewalks, paved parking services, canopies, landscaping and picnic facilities upon the above described property. This construction shall be in accordance with the Code of Ordinances of the City of Lubbock, Texas, and subject to the approval of the Director of Public Works prior to construction. THIRD: THAT before taking possession of the above described property, lessee shall construct a pedestrian gate on the East side of the lift station, that is adjacent to the above described property and owned by lessor, with a sidewalk extending from the pedestrian gate, to the present concrete slab. This construction shall be at lessee's expense, in accordance with the Code of Ordinances of the City of Lubbock, Texas, and subject to the approval of the Director of Public Works,.prior to construction. FOURTH: THAT after a period of 18 months, the lessor, City of Lubbock, has the right to cancel said lease on six months notice to Lessee for any reason whatsoever. -Written notice to be deposited in the mails by Lessor and addressed to Lessee at its home -office. FIFTH: THAT the Lessor retains the rights of ingress, egress -and regress at any and all times, in, on, under, along, above and across the above described property with the right to construct, reconstruct and maintain any and all facilities necessary for the lessor to carry out its duties as a Home Rule Municipality. In the event the improvements constructed by lessee interfere with the performance of Lessor's duties, lessee shall remove or alter said improvements, at its expense, after notice from lessor. Lessor retains the right to remove said improvements and right of reimbursement on failure of lessee to remove improvements on request. SIXTH: THAT at the termination of this lease, thelessee shall remove all canopies that have been installed; all other improvements installed by lessee shall be removed only as requested by the Lessor. -� WITNESS OUR HANDS this 10th day of September, 1964. CHAR -KING OF LUBBOCK, INC. BY: CI BBO BY' MAX I RE, Mayor ATTEST:l�/� Lavenia Lowe, City Secretary -Treasurer 37. sEP 0 to ow - 64-23-377-1020 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (19) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize final payment to Johnston Pump Company in the amount of $2,760.25 for furnishing a low service pumping unit for the Sandhills Well Field. Certificate of Completion September 10, 1964 W.W.O. 11324 Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: f On September 1, 1964, I inspected the low service water pump, motor and controls constructed by Johnston Pump Co. under contract dated February 14, 1963 and found said improvements to have been completed in accordance with the plans and specifications. 0 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 CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF NEW MEXICO COUNTY OF CHAVES Before me, Notary Public in and for the State of New Mexico, on this day personally appeared Howard J. Dull, who being by me duly sworn, upon oath says: We, JOHNSTON PUMP COMPANY by: Howard J. Dull, do represent to the City of Lubbock and solemnly swear that we executed a Contract with the City of Lubbock, said Contract being dated February 14, 1963, for one motor -driven low service water pump & control equipment under Water Work Order No. 11324, 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 allliens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. We further represent and affirm that all Federal, State and Municipal laws were substantially complied with by us in doing and carrying out the job and project herein referred to and that we paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to us of the full and final moneys due us under this contract. Witness my hand this 8th day of September 1964. Attest: JOHNSTON PUMP COMPANY /s/ Howard J. Dull District Representative Subscribed and sworn to before me this the 8th day of September, 1964. Isl Slifen Nevay . Notary Public in and for State of New Mexico 64-23 -377-1021 Motion by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore (20) and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none -voting Nay, to authorize final payment to Johnston Pump Company in the amount of $2,153.57 for furnishing and installing nine deep well turbine pumps and motors for the Sandhills Well Field, WWO 11354. Certificate of Completion WWO 11354 September 10, 1964 Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On September 1, 1964, I inspected the nine pumps & motors furnished and installed by Johnston Pump Co. under contract dated February 13, 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 contractor. Very truly yours, John T. Hi.ckerson Director of Public Works CONTRACTORS AFFIDAVIT ON CLOSING JOB STATE OF NEW MEXICO COUNTY OF CHAVES Before me, a Notary Public in and for the State of New Mexico, on this day personally appeared Howard J. Dull, who being by me duly sworn, upon oath says: We, JOHNSTON PUMP COMPANY by: Howard J. Dull do represent to the City of Lubbock and solemnly swear that we executed a Contract with the City of Lubbock, said Contract being dated February 13, 1964, for nine deep well Turbine Pumps & Motors & nine Starters under Water Work Order No. 11354, and that the work and contract has been completed according to the plans and specifications )ICJ SEP 10 N4 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 liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. We further represent and affirm that all Federal, State and Municipal laws were substantially complied with by us in doing and carrying out the job and project herein referred to and that we paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to us of the full and final moneys due us under this contract. Attest: Witness my hand this 8th day of September 1964. JOHNSTON PUMP COMPANY /s/ Howard J. Dull District Representative Subscribed and sworn to before me this the 8th day of September 1964. /s/ Slifen Nevav Notary Public in and for State of New Mexico 64-23-378-1022 INVITATION FOR BIDS (49) HOLLY AVENUE POWER STATION UNIT ONE CITY OF LUBBOCK.. TEXAS Sealed proposals addressed to Honorable Mayor and City Council, plainly marked, "Bid on 69 kv Substation and Accessories," will be received at the office of the City Manager, City Hall, Lubbock, Texas until 10:00 A.M., Central Standard Time, Friday, August 28, 1964. The price and terms of the bid shall be made upon the forms and in the manner herein specified for: 1. One (1) Line Control Panel and Accessories. 2. Five (5) 69 kv Oil Circuit Breakers and Accessories. 3. Five (5) 69 kv Potential Transformers, Two (2) 69 kv Current Transformers and Accessories. 4. One (1) lot of 69 kv Structures, Equipment and Accessories. All manufactured in the United States of America. Proposals shall include all performance, engineering and technical data required by the accompanying specifications, or otherwise necessary for a proper evaluation and comparison of the bids upon the basis of costs of initial installation and normal operation and maintenance. Proposals will be publicly opened and read at the time and date specified at City Hall, Lubbock, Texas. Any bids received after the time for opening of bids will be returned unopened. Proposals shall be accompanied by an acceptable bid bond in the amount of five percent (5%) of the bidders total combined bid price as a guarantee that the Bidder will promptly enter into a contract and execute bonds provided in the contract documents. The successful bidder will furnish Payment and Performance Bonds in the amount of one hundred percent (100%) of the total contract price from a Surety Company holding a permit from the State of Texas to act as Surety,or other Sureties acceptable to the Owner. Information for bidders regarding proposal forms, and specifications is on file at the office of R. W. Abbott, Production Superintendent, Lubbock Power & Light, Post Office Box 2000, Lubbock, Texas. The City of Lubbock not only reserves the right to reject any and all bids and to waive informalities and irregularities, but also reserves the right of evaluating the bids in accordance with the specifications to determine which is the lowest and best bid. CITY OF LUBBOCK, TEXAS William J. Pitstick City Manager In accordance withgth�ee a ov -Notice to Bidders, bids were opened and read at the City Hall on August 28, 1964 £o v Su station and accessories for the Holly Avenue Power Station, Unit Number One. The following recommendations were presented to the City Council in connection with award of this bid, from Brown & Root Consulting Engineers on this project. BROWN & ROOT, INC. September 3, 1964 Honorable Mayor and City Council City of Lubbock Lubbock, Texas 69-KV SUBSTATION AND ACCESSORIES HOLLY AVENUE POWER STATION UNIT NUMBER ONE B&R JOB NUMBER E-324 I L Gentlemen: Brown & Root, Inc. has examined the bids publicly opened in your City Hall at 10:00 a.m. August 28, 1964, for 69-kv Substation and Accessories for Holly Avenue Power Station, Unit Number One. Bid tabulation is attached. 371 SEP I 0 m On the bases of the lowest price, conformance with the specifications, and satisfactory delivery, it is recommended that General Electric Company be awarded the contract for Item V, which is a lump -sum bid for Items 1, II, III, and IV, for the firm price of $145,807.00; that Westinghouse Electric Corporation be awarded the contract for Item VI for the firm price of $38,488.00; and'that North Electric Company be awarded the contract for Item VII, for the firm price of $24,530.00. Please contact us if you have any questions. Very truly yours, BROWN & ROOT, INC. /s/ Jack Lasswell APPROVED BY: Isl Carroll Smith APPROVED BY: Js/ R. W. Abbott APPROVED BY:,(s/ N. B. McCullough After consideration of all bids received and the recommendations of Brown & Root, motion was made by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to accept the bid of General Electric Company for Item V (being lump -sum bid for Items I, II, III, and IV), Westinghouse Electric Corporation for Item VI and North Electric Company for item VII, the Mayor being hereby authorized to enter into contract. 64-23-379-1023 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (21) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4517 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4517 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: Sanitary Sewer Capital Project Fund The sum $20,000.00 For the following purpose: Expansion of sanitary sewer lift station in vicinity of Quaker Avenue & Brownfield Drive. 64-23-379-1024 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (29) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION BE IT KNOWN that on this the 10th day of September, 1964, at a regular meeting of the governing body of the City of Lubbock, Texas, there came on to be considered the matter of the execution of a license between the said City of Lubbock, Texas, and PANHANDLE AND SANTA FE Railway Company, relating to an 8" water line crossing on our right-of-way 201.3 feet in length, at Mile Post 5 plus 5272.6 ft., in said City of Lubbock, whereupon the following proceedings were had: It was moved, seconded and unanimously voted that Max Tidmore, Mayor, be authorized and empowered to execute on behalf of the City of Lubbock, Texas, such license, copy of which is hereby attached, and the same be recorded in the Minutes of the City Council at the foot of this resolution. STATE OF TEXAS COUNTY OF LUBBOCK I, Lavenia Lowe, City Secretary, do hereby certify that the above and foregoing is a true and correct copy of a resolution passed by the City Council of said City in regular session on September 10, 1964, as the same appears of record in Book 23, Page 379, Minutes of said City Council. IN TESTIMONY WHEREOF, witness my hand and the Seal of said City this loth day of September, 1964. i (SEAL) City Secretary 64-23-379-1025 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and .� (31) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize the Mayor to execute a pipe line license with the Fort Worth & Denver Railway Company, and authorize payment of $1.00 license fee. CONTRACT FOR PIPE LINE ACROSS OR ALONG RIGHT OF WAY THIS AGREEMENT, Made and entered into as of August 18th, 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 Railways main track and 425' width right of way 80 SEP 10 04 in a northeasterly -southwesterly direction at M.P.L-357.28 and construct and thereafter maintain across or along said premises at the sole expense of Licensee, a Thirty (30) inch pipe line to be used for conveying Sanitary Sewage only, the location of said pipe line being shown in red on the Railway's print No. S.P.211-- 2 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 inter- fere with the present or future use of the said premises. The Licensee shall not enter upon said premises for the purpose of constructing, maintaining or removing said pipe line except upon forty- eight hours' notice to Superintendent of Railway, and then a designated representative of Railway may oversee or inspect all of said work as it progresses, at the expense of Licensee, and performance of such work shall be subject to his approval. If deemed necessary by Railway so to do, Licensee shall, at the expense of Licensee, support the said track or tracks, as directed by Railway, while the work of constructing, maintaining or removing said pipe line is being done. In the event the pipe line shall be used to carry any liquid or other substance under pressure, and shall be located under any track or within twenty-five (25) feet of any track, bridge or structure of the Railway, the pipe line shall be constructed and maintained strictly in accordance with Railway's Plan No. 105999 D, copy of which shall be attached to, and thereby become a part of, this agreement. In case Railway shall, after said pipe line has been constructed, build upon its premises any additional track or tracks, or structures, or make any changes in existing tracks or structures over said pipe line, the Licensee shall, at once, at its own expense, make such changes in its said pipe line as may be necessary to make the same conform in its relation to said new tracks or structures, or changes in existing tracks or structures, in all respects to the conditions herein required for said present tracks or structures, or as may be required by the Railway. ARTICLE 4: In the event any cathodic electrolysis or other electrical grounding system is installed in connection with said pipe line which in the opinion of Railway in any way interferes with any train signals, telephone or telegraph lines, or other facilities of Railway, the Licensee immediately shall discontinue operation of and remove said grounding system, or take such steps as may be necessary to avoid all such interference. Licensee further agrees to indemnify and save harm- less 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 hereto4he 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. ARTICLE 7: The Licensee shall not transfer or assign this license without the written consent of Railway. The said license shall be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first herein written. ATTEST: � 14Rh-1z it Secretary ATTEST: APPROVED AS TO FORM: /s/ C. L. Pack Attorney FORT WORTH AND DENVER RAILWAY COMPANY By Its Vice President City of Lubbock By rl?4ZI�!.) Its Mayor Recommended: L E. A. Graham Assistant Chief Engineer General Superintendent SEP101% F 64-23-381-1026 Motion by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (32) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following �I Resolution be passed. RESOLUTION THE STATE OF TEXAS COUNTY OF LUBBOCK LUBBOCK, TEXAS September 10, 1964 MOTION was made by Councilman Alderson and seconded by Councilman•Simpson that the City Council of Lubbock agrees to accept the provisions contained in Minute -Order Number 55024 passed by the State Highway Commission on August 31, 1964, for the improvement of the Texas Highway Department of the streets described below: From Loop 289 East to Chicago,Street, a distance of approximately 0.45 mile. VOTE ON THE MOTION was as follows: Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay. WHEREUPON, the motion was declared carried. THE STATE OF TEXAS COUNTY OF LUBBOCK I, Lavenia Lowe, City Secretary of the City of Lubbock, do hereby officially certify that the above and foregoing is a true and correct copy of a Resolution passed b the City C cil of the City of Lubbock, at a regular meeting held on September 10, 1964. *Y1114, City Secretary, City of Lubbock MINUTE ORDER LUBBOCK COUNTY District No. 5 WHEREAS, in LUBBOCK COUNTY on STATE HIGHWAY 116, the City of Lubbock has requested assistance in the widening of pavement including incidental items thereto from Loop 289 East to Chicago Street, a -distance of approximately 0.45 mile; and WHEREAS, an analysis of the requested work indicates that such widening will materially add to traffic safety on this facility; NOW, THEREFORE, the State Highway Engineer is directed to tender the following proposal to the City of Lubbock: Provided the City will: 1. Provide for the immediate construction of continuous curb and gutter, storm sewers, utility adjustments, etc., all as may be necessary for a complete project with the exception of pavement widening. 2. Assume responsibility for the construction of driveways and sidewalks should they be deemed necessary now or in the future and agree to make such installations in accordance with governing policies and regulations of the Department. 3. Maintain that portion of the work which is its construction responsibility and agree to regulate traffic, provide for parallel parking and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. The Texas Highway Department will: 1. Provide for widening pavement and its support within these limits. 2. Maintain that portion of the work which is its construction responsibility. It is understood that the responsibility of the Texas Highway Department is confined to the pavement and its support, and all other features necessary now or in the future to provide an adequate travel facility shall be the responsibility of the City of Lubbock. Upon acceptance of the provisions of this Order by the appropriate officials of the City of Lubbock, the State Highway Engineer is directed to proceed with the development of plans for construction and after the City has fulfilled its responsibilities proceed with construction in the most feasible and economical manner, as a part of the item presently authorized in the 1965-1966 Consolidated Highway Program for the construction of Loop 289 from U.S. Highway 84 Northwest of Lubbock West and South to Spur 327. It is understood that the City may discharge its construction obligations as outlined herein in any manner as they may elect. In the event the City desires the State to include their portion of the work in the State's construction contract, the State Highway Engineer is hereby authorized to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City of Lubbock and if not accepted within 90 days of the date hereof shall be automatically cancelled. Minute Number 55024 64-23-381-1027 Edward L. Smith appeared before the City Council for discussion of a house trailer located at (13) the Northeast corner of Frankford and 19th Street, said house trailer being occupied as a dwelling by a person acting as a watchman for the Tech Memorial Park Cemetery. Motion was made by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson,s�d,tMg slc�r6i�act� ng Yea, none voting Nay, to authorize this house trailer to be used in this capac ty/ or a perio not to exceed twelve months, 64-23-381-1028 Claude Meadows appeared before the City Council to request an extension of time on the construction (14) of the sidewalk at the Southwest corner of 50th Street and Avenue Q. Motion was made by Councilman Medlock, seconded by Councilman Simpson, motion carried, to authorize a ten months extension to SEP 10 1%4 be granted for construction of the sidewalks at this location. The vote on this item was as follows: Mayor Pro-tem Alderson and Councilmen Simpson and Medlock voting Yea, none voting Nay, Mayor Tidmore and Councilman Kastman abstained from voting on this item. 64-23-382-1029 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (22) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize final payment to Plains Utility Company for water system at Meadowbrook Golf Course. Final cost for this system is $17,416.89 which is $293.00 above the contract price. Payment of final estimate being in the amount.of $6,398.24. 64-23-382 -1030 The City Council considered passage of a Resolution authorizing the Mayor to execute a license with RA (30) the Panhandle & Santa Fe Railway Company in connection with construction of a drainage ditch along the railroad right-of-way in Section 2, Block E-2. Motion was made by Councilman Alderson; seconded by Councilman Simpson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize this item to be TABLED for further consideration. 64-23-382-1031 Motion by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (18) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize purchase of 4,000 feet of 27 foot clay pipe for extension of sanitary sewer line along Loop 289 South from Elgin to Knoxville Avenue. This being in the vicinity of 70th Street. 64-23-382-1032 The Mayor and City Council (34) City of Lubbock, Texas Gentlemen: I am the owner of the Southwest k of the Northeast '� of Section 9, Block E-2, Lubbock County, Texas consisting of 40 acres more or less. I hereby propose and offer to convey to the City of Lubbock, by warranty deed, that part of the above described 40 acre tract of land which is located in the lake area.at 58th Street and Salem Avenue for the consideration of $500.00 per acre. I also propose and offer to convey to the City of Lubbock, by warranty deed, the remaining part of said 40 acre tract or any part thereof for the consideration of $3,500.00 per acre. Yours very truly, /s/ D. E. Sinclair The City Council considered the above proposal of D. E. Sinclair as to purchase of a portion of a lake area located in the vicinity of 58th Street and Salem Avenue for consideration of $500.00 per acre. Motion was made by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the proposal and authorize the land to be purchased that is below the high water level of this lake. Estimate number of_ acres being 19 1/2. 64-23-382-1033 MONTGOMERY MOTORS (35) September 2, 1964 Mr. John Scott Right of Way Dept. City of Lubbock Lubbock, Texas Dear Sir: We own the property known as Lot "A", Block 13, Southport Addition to the City of Lubbock. Freeman Motors, Inc., a corporation which we control, owns Lots 7 through 12, Block 12 of the same addition. Since we own the property on both sides and there are no utilities involved, we hereby request the City of Lubbock to abandon and close the North -South alley between Lot "A", Block 13, and Lot 12, Block 12. We understand that there may be a charge made for the property involved, however, the property was dedicated as an alley at no cost to the City and said property has never been used for this purpose and will not be needed for this use. The adjoining property, Lot 12 of Block 12, was bought recently at a price of $25.00 a front foot and a Warranty Deed was received, whereas we understand that the city can give only a Quit Claim Deed. Under these circumstances, it would seem that a price of $25.00 per front foot would be more than fair for the city if you find it necessary to charge for the property involved. Yours truly, Montgomery Motor Co. By: /s/ R. P. Montgomery: President The City Council considered the above proposal of R. P. Montgomery concerning the abandoning and closing of an alley in the Southport Addition. Motion was made by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson and Kastman voting Yea, Councilmen Simpson and Medlock voting Nay, to authorize abandonment and closing of this alley for a total consideration of $875.00. I 64-23-382-1034 PROPOSAL (36) September 3, 1964 To the City Commission Lubbock, Texas The undersigned are the sole owners of the following described tracts of land, to -wit: 8EP 10 1964 382 8211 sEP 1 o S64 LETTER SET IN FROM PAGE 383. Mr. Max Tidmore, Mayor, City Hall, Lubbock, Texas. Dear Mayor Tidmore:- ITEM NO. 64-23-383-1038. PANHANDLE AND SANTA FE RAILWAY COMPANY Slaton, Texas, May 14, 1964, File 63 27 001. With regards to the possible placing of flashing light crossing signals where Gary Avenue crosses our train track just north of Clovis Road in Lubbock. Within the past six months, we have received various complaints from citizens as to the extreme hazards at this crossing location. This crossing serves various industries to the north of our track and as time passes this traffic continues to increase considerably. The Interstate Commerce Commission has adopted a program for the prevention of rail -highway grade crossing accidents and this program includes the recommendation that public funds be used for the installation of signals, lights, gates, or other protective devices intended to prevent i accidents at rail -highway grade crossings. The Interstate Commerce Commission in their Report No.r 33440 which was served February 10th, 1964, adopted the examiner's findings that highway users are the principal recipients of the benefits flowing from rail -highway grade separations and from special protection at rail -highway grade crossings. For this reason the cost of installing and maintaining such separations and protective devices is a public responsibility and should be financed with public funds the same as highway traffic devices. From the foregoing, it is apparent that Railway Companies do not receive the principal benefits from grade crossing improvements and therefore should not be required to contribute substantially to the cost of these improvements. In addition to the initial expenditures the annual maintenance cost of a flashing light signal installation amounts to some $600 to be borne by Railway Company. By assuming this main- tenance cost we are automatically making a substantial contribution to the cost of providing crossing protection. In view of the above, would appreciate your review and consideration in this matter as to the possible assistance that could be expected in the expense from the City of Lubbock in making i this possible improvement. ; Yours truly, /s/ G. A. Alexander Superintendent tr SEP 10 IN Ir Y ' 5 acre tract of land on West side of Slide Road from 38th St. North. We propose and offer to convey by warranty deed to the City of Lubbock the following described part of the above described tracts of land, said part being described as follows, to -wit: i i The East 40 feet of said tract. We agree to deliver to City a complete abstract showing merchantable title in the undersigned and to duly execute and deliver to the City general warranty deed upon acceptance of title by the City, and payment to tender of payment to us by the City, the sum $12,500.00. I! For the additional consideration to be paid by the City of Lubbock in the sum $5,000.00, we do hereby agree that we will forthwith remove all fences, buildings, structures and other obstruction as may be found upon said property to be conveyed, said consideration to be paid to the persons entitled thereto when such obstructions have been moved, which said amount is the agreed total I damages sustained and/or to be sustained by the undersigned and all other persons having an interest: in the above described tracts of land. i This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly, /s/ 0. G. Andrews The City Council considered the above proposal of Mr. 0. G. Andrews for right-of-way on the West side of Slide Road in the vicinity of 38th Street, said consideration being $12,500 plus $5,000 for removal of improvements. Motion was made by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to REJECT this offer. 23-383-1035 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (36a) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize offer of a counter -proposal in the amount of $5,000 to Mr. 0. G. Andrews for right-of-way for Slide Road, West side, between 36th and 38th Streets and removal of improvements. This counter- proposal to expire upon thirty days from this date. II64-23-383-1036 Motion by Councilman Kastman., seconded by Councilman Medlock, motion carried; Mayor Tidmore and (38) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to approve the price and conditions for the sale of Lot 6, Block 7, Sieber Addition from the Urban Renewal Agency of the City of Lubbock to Katie Finch for $1,300.00. 64-23-383-1037 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (40) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize the City Attorney to settle the claim for personal injuries entitled "Aleene Liechtenstein vs City of Lubbock" for consideration of not to exceed $675.00. 64-23-383-1038 The City Council considered the request of Panhandle and Santa Fe Railway Company concerning signals (41) for the crossing of Gary Avenue over the Clovis Branch track. Motion was made by Councilman r - Medlock, seconded by Councilman Simpson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to TABLE this item. LETTER SET IN ON PAGE 382B. �64-23-383-1039 Motion by Councilman Alderson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (44) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to approve option agreement to sell State Highway Department approximately 36,000 cubic yards of dirt at .06 per cubic yard. AGREEMENT for purchase of ROAD MATERIAL (BORROW) by and between the STATE OF TEXAS STATE HIGHWAY DEPARTMENT and City of Lubbock Box 2000, City Hall, Lubbock, Texas Control 783-1-6 ' Project U1107(8) Highway No. Loop 289 Lubbock County Type of Material: Borrow Type of Proposed Work: Grading, Structure, Base, Surfacing and Grade Separations. This material or lesser amounts will be used only when haul makes it most economical source and may be secured on basis of lesser amounts or none. STATE OF TEXAS, COUNTY OF LUBBOCK This agreement is made this loth day of September, 1964, by and between the City of Lubbock his/their executors, administrators, heirs, successors or assigns, hereinafter referred to as the Party of the First Part, and the State of Texas, State Highway Department, acting through its State Highway Engineer, hereinafter referred to as the Party of the Second Part. Whereas, preliminary investigations have indicated that acceptable material is available from lands hereinafter described, owned controlled by the Party of the First Part, and Whereas, the Party of the First Part desires to sell any or all of this acceptable material. Witnesseth: The Party of the First Part for, and in consideration of one dollar ($1.00) and other valuable considerations, receipt of which is hereby acknowledged, does hereby agree to hold for the exclusive use of the Party of the Second Part, its agent or Contractor, all borrow material occuring on said lands, hereinafter described, and to sell any or all of this material that may prove acceptable to the Party of the Second Part at the Unit royalty price of Six Cents ($0.06) per Cubic Yard. The Party of the First Part hereby further agrees to indemnifv and save 4 P 1 1%4 harmless the Party of the Second Part from any and all damage, or loss, that may develop from existing mortgages, leases, or liens on the lands hereinafter described. The Party of the Second Part agrees to pay for all accepted material at the unit royalty rate designated above by the Party of the First Part. Royalty payment(s) will be made (1), (2) only once for each contract involved, such payment to be made after all material needed from this pit for such contract has been removed, (3) No royalty payment will be made for strippings of pit or other unsuitable material, whether at pit or delivered on the road. It is mutually agreed that payment will be made only for acceptable material, measured as provided for in the governing specification, and delivered at points designated by the duly authorized representative of the Party of the Second Part. The governing specification requires that the material be measured in its original position and the volume computed in cubic yards by the method of average end areas. It is further mutually agreed and understood that the agents of Contractors for the Party of the Second Part are to have free ingress to and egress from said lands, hereinafter described, for the purpose of excavating and removing said material. All fences, gates and other existing improvements on the said lands, hereinafter described, after removal of all material desired by the Party of the Second Part, shall be placed in a condition comparable in repair to their former state by the Party of the Second Part, its agent or Contractor. All equipment placed on said lands by the Party of the Second Part, its agent or Contractor, to assist in the removal of said material, shall be removed by the Party of the Second Part, its agent or Contractor, upon the abandonment of the pit. It is further mutually -agreed and understood that should the Party of the First Part at any time consider the maintenance of watchmen or the erection of additional fences, cattle guards, etc., against possible damage or loss during pit operations, all arrangements and costs incident thereto shall be the entire responsibility of the Party of the First Part. Any such safeguards considered necessary by the Party of the Second Part shall be the entire responsibility of the Party of the Second Part. This agreement shall expire 2 years from the date of execution unless the Party of the Second Part at that time has under contract or has issued work order for construction of the project or projects hereinbefore described, in which event this agreement shall remain in effect until all such material desired by the Party of the Second Part for construction of said project or projects has been removed and the conditions hereinbefore stated have been fulfilled. Location and description of lands hereinbefore mentioned (Give such information as is necessary to establish the location and limits of the source of material in a manner satisfactory and understand- able to both parties): The borrow pits shall be located within the area of the garbage disposal land lying in Section 1, Block B, Lubbock County, Texas. The pits are to be approximately 800 feet long and 30 feet wide and shall be excavated to the top of ledge rock (approximately 15 feet), the sides of the pits to be as near verticle as possible without endangering the excavation. IN WITNESS WHEREOF, the Parties concerned hereto have set their hands the date herein named. Party of the First Part CITY 99.,,LUBBOCK w • w MAX TIDMORE, Mayor ATTEST: Laven Lowe, City Secrets y-Treasurer STATE OF TEXAS Party of the Second Part Certified as being executed for the pur- pose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: BY Assistant State Highway Engineer Recommended for approval: Witness: Resident Engineer District Engineer Chief Engineer of Highway Design Engineer, Secondary Roads CERTIFICATION OF VALUE, after having made necessary investigation of the land I certify that the total royalty cost for the material to be used from this pit will not exceed the normal value of the land. District Engineer,State Highway Dept. 64-23-384-1040 The City Council considered the request of Houston Sweatt, who is farming a tract of land owned by (47) the City of Lubbock, that he be allowed to move onto said City owned land a redi-built dwelling to be moved from the land at the termination of the farm lease agreement. Motion was made by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that this request be TABLED. 64-23-384-1041 The City Council considered authorizing renewal of farm leases for the year 1965. Motion was made (48) by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that this item be TABLED for consideration at a later date. 64-23-384-1042 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (43) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize the Mayor - to execute and approve plans of State Highway Department for the grade separations on Loop 289 at Slaton highway and also East 50th Street, this being US 84 South -East and Farm to Market No. 835 East. sEP 10 1%4P 64-23-385-1043 Motion by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (5) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4506 be passed on second and final reading. The City Council, on this date, having added warehouse use to this zone classification. I� i� i� 164-23-385-1044 (35a) I! i I' II64-23-385-1045 (16) I, I ORDINANCE ORDINANCE NO. 4506 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO Al TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1253: CHANGE LOTS 20, 21, 22, 23 AND 24, BLOCK 4, COUNTRY CLUB ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN 11R-2" TO AN "M-1" ZONING DISTRICT. Motion by Councilman Kastman, seconded by Councilman Alderson, Motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4518 be passed on first reading. ORDINANCE ORDINANCE NO. 4518 AN ORDINANCE ABANDONING AND CLOSING THE NORTH PART OF THE ALLEY BETWEEN BLOCK 12 AND BLOCK 13, SOUTHPORT ADDITION TO THE CITY OF LUBBOCK, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SAID PROPERTY. The City Council considered the following recommendation of the Planning and Zoning Commission in connection with revision of site plan for property covered by Ordinance No. 4128, Zone Case No. 1112. RECOMMENDATION PLANNING & ZONING COMMISSION MINUTES September 3, 1964 On Motion by Hance, seconded by Moore, the Planning and Zoning Commission unanimously voted to recommend to the City Council that a minor revision be made to the site plan, Zone Case No. 1112, Ordinance 4128, on property located at SW Corner 50th Street and Quaker Avenue to allow a 4' opening in the screening fence along 51st Street provided a 4' sidewalk is constructed from the fence to the curb. After consideration of the above recommendation motion was made by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize site plan revision as recommended by the Planning and Zoning Commission Minutes as set out above and also authorize passage of Ordinance No. 4519 on first reading. ORDINANCE ORDINANCE NO. 4519 AN ORDINANCE AMENDING ORDINANCES NO. 1695 AND NO. 4128 SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1112, AMEND ORDINANCE NO. 4128 BY AMENDING A CONDITION IMPOSED THEREIN ON PROPERTY LOCATED ON BLOCK 1, SYLVAN DELL HEIGHTS ADDITION (SW CORNER QUAKER AVENUE AND 50TH STREET) IN THE CITY OF LUBBOCK, COUNTY OF LUBBOCK, TEXAS. 64-23-385-1046 The City Council considered the request of Bryan Edwards that he be allowed to use the parkway at (37) the Northeast corner of College Avenue and 33rd Street for an antenna guy anchor. Motion was made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize the Mayor to execute a Street Use License in favor of Mr. Edwards for use of parkway at this location. STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This License made the 10th day of September, 1964, between the City of Lubbock, a Home Rule Municipality, herein called "City" and BRYAN EDWARDS of the City of Lubbock, herein called "Licensee". WITNESSETH: THAT the parties hereto, for the consideration hereinafter expressed, covenant and agree as follows: (1) In consideration of the sum of One and No/100 ($1.00) Dollars and other good and valuable consideration, cash in hand paid by Licensee, City hereby grants Licensee a license for the following purpose: To use a portion of the public way, as hereinafter fully described, to erect and maintain a post which is to be used as an anchor post for guy wires to a radio antenna, the clearance from the guy wires to the sidewalk shall be 8 feet, consistent with the terms of this License and subject to the written approval of the City Engineer and Ordinances of the City of Lubbock, and to maintain same at the following designated location: BEGINNING at a point in the West line of Lot 14, Block 6, Massey Heights Addition to the City of Lubbock, Lubbock County, Texas, said point being 30 feet South of the Northwest corner of said lot; THENCE South 50 feet; THENCE West 8 feet; THENCE North 50 feet; THENCE East 8 feet to the POINT OF BEGINNING. (2) This License is made subject to the condition that LICENSEE, and his heirs, and assigns of LICENSEE will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants and employees harmless of and from any and all claims, demands, actions, causes of action, suits at law and in equity and costs of whatsoever kind or nature which may grow out of or relate to the making of this License or the exercise by LICENSEE of any privileges granted by this License. 386 8EP 10 M4 ' manner as will not interfere withthe public use of the public way at the location hereinabove described and so as not to create any dangerous or hazardous condition thereon, and subject to the supervision of the City Engineer, LICENSEE shall-=rect such barricades, warning signs, and other safety devices as may be required by said City Engineer at no expense to CITY. (4) CITY at its election may cancel and revoke this License, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the Post Office, postpaid, addressed to LICENSEE at its address on record at the City Engineer's Office. (S) This License and privilege shall not be transferable in whole or in part, and shall not inure to the benefit of any other person, firm, corporation, or organization other than LICENSEE except upon express written consent of CITY. (6) Upon termination of this License, by revocation and/or cancellation by CITY, by mutual consent of the parties hereto or otherwise, LICENSEE shall remove, at no cost to CITY, any or all improvements and appurtenances thereto, if any, made or placed pursuant to this License if such removal is requested by the CITY. (7) LICENSEE accepts the terms, covenants, and conditions of this License and agrees to be bound thereby. In the event two or more parties execute this instrument as LICENSEE, all covenants and agreements of this License shall be joint and several covenants and agreements of such parties. (8) All covenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by LICENSEE, his successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon CITY without the written consent of CITY in each instance. ATTEST:_RhtZ�V Lavenia Lowe, City Secretary -Treasurer CI OC BY: %-' MAX TIDMLTRE, Mayor LICENSEE BRYAN EDWARDS NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR f MEETING, SEPTEMBER 10, 1964. zzi� MAX TIDMOa, Mayor ATTEST: ����"" �lll,� Lavenia Lowe, City;Secretary-Treasurer READ AND APPROVED THIS THE 24th DAY OF September , 1964. MAX TIDMOR , Mayor ATTEST: Laven Lowe, City ecretary- reasurer r