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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/24/1964SEP 2 4 FX4 r F 64-23-389-1048 (1) 164-23-389-1049 (2a) 64-23-389-1050 (2b) 64-23-389-1051 (4) 64-23-389-1052 (5) 64-23-389-1053 (6) September 24,1964 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 Secretary -Treasurer Lavenia Lowe. Absent: City Manager William J. Pitstick. Invocation was given by Councilman Alderson. Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Yea, none voting Nay, to approve Minutes of City Council -Regular Meeting Held September 10, 1964. Motion by Councilman Kastman, seconded by Councilman Alderson, 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 September 18, 1964. Motion by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4512 be passed on second and final reading. 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 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) Motion by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4513 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4513 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certai- 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 miscellaneous items .for Holly Avenue Steam Power Station, FOB Job Site. Motion by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4514 be passed on second and final 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. 64-23-389-1054 Motion by Councilman Simpson, seconded by Councilman Alderson,.motion carried, Mayor Tidmore (7) and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4515 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4515 WUVDAAC 4.1.., !+?a.. ram....—_s _r _i .... I � .. ­ `) 0 SEP 24 1%4 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 The sum $35,800.00 Fund EWO # 12349 For the following purpose: Design, Manufacture, Deliver one Auxiliary Power Transformer and One Start-up Power Transformer both complete with accessories. 64-23-390-1055 Motion by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (8) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4516 be passed on second and final 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 The sum $19,875.00 Fund EWO # 12353 For the following purpose: Design, Manufacture, and Deliver, erect one Elevator with all labor and materials for a complete Elevator Unit. 64-23-390-1056 Motion by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (9) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4517 be passed on second and final 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. 64-23-390-1057 Motion by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (11) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4518 be passed on second and final 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. 64-23-390-1058 Motion by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (10) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4519 be passed on second and final 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, 64-23-390-1059 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 Ordinance No. 4520 be passed as an emergency measure. ORDINANCE ORDINANCE NO. 4520 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1964; APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID TAXES BE PAID; AND ASSESSING PENALTY AND INTEREST FOR NON-PAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED; AND DECLARING AN EMERGENCY. 64-23-390-1060 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 the following Resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Lot 137, Tracy Heights Addition WHEREAS, the developers of Lot 137, Tracy Heights Addition have complied with the provisions of 139 SEP 24 V. WHEREAS, the total utility cost to the developer is $4,983.33 with the improvements constructed by Panhandle Construction Company having a value of $4,746.03 as deterained by the unit prices established by said Chapter 34, and $237.30 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to -the City, with A & J Developments, the developer, to receive a refund of $2,861.76 in accordance with Chapter 34 of the Code of the City of Lubbock, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That refund of the refundable cost in the amount of $2,861.76 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24TH DAY OF SEPTEMBER, 1964. nolr?a/ a Max Tidmore, Mayor Attested: f/Jd1P4VXe_ Lavenia Lowe, City Secretary Approved: John T. Hickerson, City Engineer Approved: Fred 0. Senter, Jr., City Attorney .64-23-391-1061 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (32) Councilmen Alderson, Kastman, Simpson, 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 Freeman Motors, Inc. 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. this Passed by the City Council/24th day of September, 1964. yor ATTEST: Lavenia Lowe, City Secretary -Treasurer APPROVED: Fred 0. Senter, Jr., City Attorney 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/l0O ($1.00) DOLLARS, and other good and valuable consideration to it in hand paid by Freeman Motors, Inc., a Corporation of the County of Lubbock and State of Texas, the receipt of which is hereby acknowledged, does, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said Freeman Motors, 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: A parcel of land out of the Northeast k of Section 10, Block B, Lubbock County, Texas, more fully described by metes and bounds as follows: BEGINNING at the Northwest Corner of Lot 12, Block 12, Southport Addition to the City of Lubboc: Lubbock County, Texas; THENCE South a distance of 127.5 feet to the Southwest Corner of said Lot 12; THENCE West a distance of 10.0 feet to a point; THENCE North a distance of 127.5 feet to a point; THENCE East a distance of 10.0 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 Freeman Motors, Inc. its successors and assigns, forever, so that neither it the said City of Lubbock nor its successors and assigns, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. WITNESS my hand at Lubbock, Texas this 24th day of September, A.D.1964. Witnesses at &Qe?i ofiGrAPr: CjTY q .%LUBBOCK .„ (1 9 Ep 24 04 64-23-,392-1062 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (33) Councilmen Alderson, Kastman, Simpson, 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 Maddox Investment Company 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 24th day of September, 1964. MAX TI ORE, Mayor ATTEST: � Z409Z' rl/d Lavenia Lowe, City Sec etary- reasurer APPROVED: Fred 0. Senter, Jr., City Attorney 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 N01100 ($1.00) DOLLARS, and other good and valuable consideration to it in hand paid by Maddox Investment Company, a Corporation of the County of Lubbock and State of Texas, the receipt of which is hereby acknowledged, does, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said Maddox Investment Company 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: A parcelof land in Section 20, Block A, Lubbock County, Texas, and located in Block 13, Maddox Addition to the City of Lubbock, Lubbock County, Texas, more fully described by metes and bounds as follows: BEGINNING at a point in the West line of said Block 13, Maddox Addition, said point being 125.0 feet South of the Northwest Corner of said Block 13, Maddox Addition; THENCE South 12.5 feet to a point; THENCE East 400.0 feet to a point; THENCE North 12.5 feet to a point; THENCE West 400.0 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 Maddox Investment Company its successors and assigns, forever, so that neither it the said City of Lubbock nor its successors and assigns, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. WITNESS my hand at Lubbock, Texas this 24th day of September,,%1464. Witnesses at-yeaquest of ntor: ATTEST: Lavenia Lowe, City Secretary- reasurer CITY OF LUBBOCK B � ~ 'to MAX TIDMORA, Mayor 64-23-392-1063 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (34) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. Also to authorize payment of $1.00 license fee. RESOLUTION BE IT KNOWN that on this the 24th day of September, 1964, at a regular meeting of the governing body of the City of Lubbock, Texas, there cane 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 a water line crossing at Mile Post 678 plus 3923, in said City of Lubbock, Texas, 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 hereto 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 24, 1964, as the same appears of record in Book 23, Page 392, Minutes of said City Council. IN TESTIMONY WHEREOF, witness my hand and the Seal of said City s 24th d September, 1964. (SEAL) City Secretary 64-23-392-1064 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (48) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following f39: SEP 24 f RESOLUTION WHEREAS, The Council has heretofore employed the services of Griffenhagen-Kroeger, Inc., 11 64 Pine Street, San Francisco, California, to develop a Position Classification Plan and Compensation Plan for the City of Lubbock, Texas, and such plan has been developed and submitted, inspected, and! substantially approved by the City Council; THEREFORE, 1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. That the Position Classification Plan as submitted by Griffenhagen-Kroeger, including the Proposed Allocation of Classes, is hereby approved and adopted. SECTION 2. That the Compensation Plan recommended by Griffenhagen-Kroeger and the rules and 1: regulations covering the installation and administration of said Compensation Plan is hereby approved and adopted, and that the maximum annual income against which the stability payment calculation would be made is $7,500.00. SECTION 3. The Plans mentioned in Sections 1 (One) and 2 (Two) of this Resolution are hereby adopted effective October 1, 1964, unless such date is changed by resolution of the City Council; and it is the intention that said plans be made effective concurrent with and applicable to the 1964-65 Annual Budget of the City of Lubbock. SECTION 4. It is further provided that certain inequities may exist in said plans and the City Manager is instructed to make modifications as necessary to said plans to insure continued review and equitability of said plans and, whenever modifications are in order, the City Manager is authorized to make such changes in application of either of such plans to individuals or by departments or parts thereof, in writing, as may be deemed expedient under the circumstances. i! SECTION 5. Attached to this Resolution is an original copy of the "Classification Plan, �I Lubbock, Texas," marked "Exhibit A," and an original copy of the "Recommended Compensation Plan for the City of.Lubbock,.Texas," marked "Exhibit B," and the original copy of "The Proposed Allocation of Classes for the City of Lubbock," marked "Exhibit C," referred to as being adopted in this Resolution, and these volumes shall be.kept by the City Secretary for permanent reference. On motion by Councilman Kastman, seconded by Councilman Medlock, the foregoing Resolution was passed on this 24th day of September, 1964, by the following vote: Councilmen voting "YEA": Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock Councilmen voting "NAY": None s Max Tidmore, Mayor -City of Lubbock, Texas ATTEST: l�/J fj Lavenia Lowe, City Secretary -Treasurer 64-23-393-1065 Bids as follows were received for the purchase of post type mercury vapor fixtures for the Airport, (42) being Bid No. 8216. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Simpson, seconded by Council- man Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Westinghouse Electric Supply Company for the purchase of these mercury vapor fixtures. 64-23-393-1066 Bids as follows were received for the purchase of sulfuric acid for a period of one year, being (43) Bid No. 8209. r Bid Tabulation set in Bid Book. After consideration of all bids received 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 acceptance of the bid of The Best Fertilizer, Plainview, for the purchase of this sulfuric acid. 64-23-393-1067 Bids as follows were received for the purchase of hexametaphosphate for Electric Plant #2, being (44) Bid No. 8211. Bid Tabulation set in Bid Book. After consideration of all bids received 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, to authorize acceptance of the bid of Thompson -Hayward Chemical Company for the purchase of approximately 100,000 pounds of hexametaphosphate. .64-23-393-1068 Bids as follows were received for the purchase of approximately 100,000 gallons of fuel oil and (45) approximately 60,000 gallons of #2 diesal fuel, being Bid No. 8212. 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, Simpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bidsas follows: Accept the bid of Ince Oil Company for the purchase of item 1. Accept the bid of Texaco Incorporated for the purchase of item 2. 64-23�3�3-1069 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. 094 SEP 24 i%4 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 Montgomery Motor Company 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 24th day of September, 1964. I ATTEST: *&rew Lavenia Lowe, City Secretary -Treasurer APPROVED: Fred 0. Senter, Jr., City Attorney QUIT CLAIM DEED THE STATE OF TEXAS, COUNTY OF LUBBOCK MAX TIDMORE, Mayor KNOW ALL MEN BY THESE PRESENTS: That the City of Lubbock, a Home Rule Municipality of the County of Lubbock and State of Texas, for and in consideration of the sum of ONE AND N01100 ($1.00) DOLLARS, AND other good and valuable consideration to it in hand paid by Montgomery Motor Company of the County of Lubbock and State of Texas, the receipt of which is hereby acknowledged, does, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said Montgomery Motor Company 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: A parcel of land out of the Northeast k of Section 10, Block B, Lubbock County, Texas, more fully described by metes and bounds as.follows: BEGINNING at the Northeast Corner of Lot A, Block 13, Southport Addition to the City of Lubbock, Lubbock County, Texas; THENCE South a distance of 127.5 feet to a point; THENCE East a distance of 10.0 feet to a point; THENCE North a distance of 127.5 feet to a point; THENCE West a distance of 10.0 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 Montgomery Motor Company its successors and assigns, forever, so that neither it the said City of Lubbock nor its successors and assigns, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. WITNESS my hand at Lubbock, Texas this 24th day of September A.D. 1964. 5 Witnesses ;ag&A, ues�of tor:CITY OF LUBBOCK ATTEST: "'-`"f BY venia Ldwe, City Secretary -Treasurer MAX TIDMORE; Mayor 64-23-394-1070 Mr. D. R. Becknal appeared before the City Council requesting the use of the parkway area at the (13) Southwest corner of loth Street and Avenue M for pftrking of automobiles. This request was taken under advisement by the City Council until additional information in this regard is secured as to a policy for parking on a public parkway. LETTER SET IN ON PAGE 394A. 64-23-394-1071 (14a) Mr. John T. Hickerson Director of Public Works and City Engineer 203 Municipal Building Lubbock, Texas Dear John: NELSON, MC CLESKEY & HARRIGER September 15, 1964 I would like to appear before the City Commission at its next meeting to submit for clarification of the City's position the following matter. On May 23, 1962, Lots 316 through 332 and 420 through 428 of Cherry Point Addition was dedicated. The plat thereof had theretofore been approved by the City. In connection therewith, E. F. Forrester Construction Company apparently furnished the City a paving contract which it entered into with Hodges & Tierney, Inc. for the paving of the streets shown, totalling $5,926.09 for the paving contract. Hodges 4 Tierney, as principal, and Fireman's Fund Insurance Company as surety, issued a bond to Forrester and the City of Lubbock guaranteeing performance. As everyone now knows, Forrester folded the operation, Hodges & Tierney did not do the paving, and both Hodges & Tierney and the bonding company have refused to perform. The interest of McPherson Development Corporation in the project is that McPherson, whom we represent, did interim financing on the project, relying on the bond which the City required, the money for the paving being actually advanced to Forrester by McPherson. In the interest of orderly financing of development, we think it imperative, both from the standpoint of the instant case and of the future whether or not the City will enforce these bonds and, as a result, whether or not the institution doing the interim financing may rely upon such bonds in 394A SEP 24 04 d- LETTER SET IN FROM PAGE 394. ITEM NO. 64-23-394-1070. DOCTORS PARKING 1312 Main Street September 1, 1964 Mr. Bill McDaniel City Traffic Department Lubbock, Texas Dear Sir: We have leased the parking lot located at loth Street and Avenue M. We would like to secure permission to use the space, on loth Street side, between the sidewalk and street for parking. Parking space is very hard to find in this area, and is also very expensive. I feel there is ample space to park in this area without obstructing traffic. We find it very difficult to obtain parking for our nurses and other employees. We would leave the sidewalk open at all times if allowed permission to park in this area. Thanking you for this consideration, I am DRB/ele Sincerely yours, /s/ D. R. Becknal Business Manager 394B SEP 24 %4 CERTIFICATE OF COMPLETION SET IN FROM PAGE 395. ITEM NO. 64-23-395-1074. CITY OF LUBBOCK September 24, 1964 Certificate of Completion WWO 11363 Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On September 18, 1964, I inspected the Roads and Well Stands constructed by Walter V. Jarnagin under contract dated June 30, 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, /s/ John T. Hickerson Director of Public Works Ll Ll fl S£P 24 FW- I shall appreciate your making arrangements for us to be placed on the agenda for the next City Commission meeting. Yours very truly, NELSON, McCLESKEY & HARRIGER HOH:sm Isl Harold O. Harriger Harold 0. Harriger appeared before the City Council to discuss the disposition of subdivision paving requirements to Lots 316 thru 332 and 420 thru 428 of Cherry -Point Addition. After consideration of Mr. Harriger's request as set out in the above letter motion was made by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to TABLE this item for further consideration. 64-23-395-1072 NELSON, McCLESKEY & HARRIGER (14b) September 23, 1964 Mr. John T. Hickerson Director of Public Works and City Engineer 203 Municipal Building Lubbock, Texas Re: Paving at 4th and Quirt Rhyne Simpson Dear John: This firm represents Rhyne Simpson, who is the owner of Block l of the Rhyne Simpson Quirt Avenue Addition. In the paving program of Quirt Avenue, instead of Quirt being paved as originally dedicated, it was swung East in a semi -circle. As a result, at the high point of the circle it misses Mr. Simpson's property by 110 feet. Inasmuch as there is only public land between the paving and Mr. Simpson's property, the assessments for the paving were made against Mr. Simpson. With the paving 110 feet away, it is apparent that it is of no benefit to Mr. Simpson's property and should not be assessed against him. We would appreciate your placing this on the agenda so that the Commission might consider the same. HOH:sm Yours very truly, NELSON, McCLESKEY & HARRIGER Is/ Harold 0. Harriger Harold Harriger appeared before the City Council requesting that Mr. Rhyne Simpson not be required to pay the paving costs, for paving assessments on Quirt Avenue in the vicinity of 4th Street since Mr. Simpsonss property is a great distance from the paving, as set out in the above letter. Motion was made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlack voting Yea, none voting Nay, to TABLE this item in order that additional information can be secured. Councilman Simpson was absent from the meeting at the time this action was taken. 64-23-395-1073 The City Council cons �' ?o eg thei a�p?�� oon Mr. L. C. Duncan to purchase, for a consideration of (22) $500.00, Lot 9, Block v on ihzc e e i y of Lubbock as a water well, this being in the vicinity of Kemper.Street and Avenue N. After consideration of this request 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 however, to offer this sale of property to Mr. Duncan for consideration of $750.00 plus payment by the property owner of water and sewer pro-rata charges. 64-23-395-1074 (23) !.64-23-395-1075 (24) 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 authorize final payment in the amount of $2,866.89 to Walter V. Jarnagin for the construction of roads and well stands in the Sandhills Well Field. Estimate cost was $19,845.00 and final cost is $20,768.65. CERTIFICATE OF COMPLETION SET IN ON PAGE 394B. Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4521 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4521 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: Water Capital Projects W-102-211 The sum $923.65 For the following purpose: To pay for 2,639 square yards of additional roads required for Construction of Roads and Well Stands in the Sandhills Well Field, WO 11363. Roads and Well Stands for wells 169 through 178. 64-23-395-1076 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (15) 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 96 SEP 24 04 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: East 25th Street from its intersection with a line 0.88 feet East of the West Property Line of Redbud Avenue to its intersection with the West end of the cul-de-sac West of Redbud Avenue, known and designated as Sub -Unit Number 9 of Unit Number 2098. East 27th Street from its intersection with a line 19.14 feet East of the West Property Line of Redbud Avenue to its intersection with the West end of the cul-de-sac West of Redbud Avenue, known and designated as Sub -Unit Number 10 of Unit Number 2098. East 29th Street from its intersection with a line 16.0 feet West of the West Property Line of Redbud Avenue to its intersection with the West end of the cul-de-sac West of Redbud Avenue, known and designated as Sub -Unit Number 11 of Unit Number 2098. Redbud Avenue from its intersection with a line 12.0 feet South of the North Property Line of East 24th Street (East Leg) to its intersection with a line 664.0 feet North of the North Property Line of East 24th Street (East Leg), known and designated as Sub -Unit Number 22 of Unit Number 2099. Hickory Avenue from its intersection with a line 3.0 feet North of the North Property Line of Lot 12, Block 22, Coronado Addition, to its intersection with a line 50.0 feet West of the West Property Line of Hickory Avenue on East 25th Street, known and designated as Sub -Unit Number 31 of Unit Number 2099. East 25th Street from its intersection with a line 90.19 feet East of the East Property Line of the alley East of Globe Avenue to its intersection with a line 8.0 feet East of the East Property Line of Globe Avenue, known and designated as Sub -Unit Number 32 of Unit Number 2099. Globe Avenue from its intersection with a line 8.0 feet South of the South Property Line of East 25th Street to its intersection with a line 3.0 feet South of the South Property Line of East 26th Street, known and designated as Sub -Unit Number 33 of Unit Number 2099. East 26th Street from its intersection with a line 126.10 feet East of the East Property Line of Weber Drive to its intersection with the Northeast end of the cul-de-sac Northeast of Weber Drive, known and designated as Sub -Unit Number 34 of Unit Number 2099. Oak Avenue from its intersection with a line 3.0 feet North of the North Property Line of the Alley East of Weber Drive to its intersection with a line 8.0 feet South of the South Property Line of East 25th Street, known and designated as Sub -Unit Number 35 of Unit Number 2099. ,East 27th Street from its intersection with a line 3.0 feet West of the alley East of Weber Drive to its intersection with a line 17.0 feet East of the West Property Line of Quirt Avenue, known and designated as Sub -Unit Number 36 of Unit Number 2099. East 31st Street from its intersection with a line 6.0 feet East of the East Property Line of Quirt Avenue to its intersection with a line 6.0 feet West of the West Property Line of Redbud Avenue (North Leg), known and designated as Sub -Unit Number 37 of Unit Number 2099. Redbud Avenue from its intersection with a line 18.0 feet South of the South Property Line oT East 31st Street (West Leg) to its intersection with a line 7.0 feet South of the North Property Line of East 33rd Street (West Leg), known and designated as Sub -Unit Number 38 of Unit Number 2099. East 31st Street from its intersection with a line 6.0 feet East of the East Property Line of Redbud Avenue (North Leg) to its intersection with a line 15.0-feet West of the West Property Line of Teak Avenue, known and designated as Sub -Unit Number 9 of Unit Number 2100. Redbud Avenue from its intersection with a line 18.0 feet South of the South Property Line of East 31st Street to its intersection with a line 17.2 feet South of the South Property Line of East 28th Street, known and designated as Sub -Unit Number 10 of Unit Number 2100. 17th Street from its intersection with a line 2.0 feet West of the West Property Line of Avenue F to its intersection with a line 27.0 feet West of the East Property Line of Avenue G, known and designated as Sub -Unit Number I of Unit Number 2102. 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. 10,400. 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 alleys, streets and/or avenues listed above and against the owners of such property in accordance with law and in the :canner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. Li This resolution shall take effect and be in force from and PASSED AND APPROVED THIS 24TH DAY OF SEPTEMBER, 1964. r - ATTEST: foia ll�LLQ after its passage. Max Tidmore, Mayor 397 SEP 24 M APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney CITY OF LUBBOCK September 24, 1964 Honorable Mayor and City Council f' 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. 10,400 and find the improvements on East 25th Street, East 26th Street, East 27th Street, East 29th Street, East 31st Street, Redbud Avenue, Hickory Avenue, Globe Avenue and Oak Avenue in Urban Renewal, also 17th Street from Avenue F to Avenue G 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. Yours very truly, CONSOLIDATED FINAL ESTIMATE G.W.O. 10,400 Accepted September 24, 1964 UANTITIES /s/ John T. Hickerson City Engineer Unit & Assessment Cash S.X. S.Y. S.Y. Sub -Unit Location S.Y. S.Y. L.F. Alley Valley Re-sur- Paving Paving C & G Return Gutter facing 6" Base 6" Base 2098-9 E. 25th St. from 0.88' E. of the 1,171.24 652.77 W.P.L. of Redbud Ave. to the cul-de-sac W. of Redbud Ave. 2098-10 E. 27th St. from 19.14' E. of 1,246.21 785.85 49.21 the W.P.L. of Redbud Ave. to the cul-de-sac W. of Redbud Ave. 2098-11 E. 29th St. from 16' W. of the 1,138.47 618.26 W.P.L. of Redbud Ave. to the cul-de-sac W. of Redbud Ave. 2099-22 Redbud'Ave'. from 12' S. of the 2,480.99 1,404.10 33.44 N.P.L. of E. 24th St. (E.Leg) to 664' N. of the N.P.L. of E. 29th St. (E.Leg) 2099-31 Hickory Ave. from 3' N. of 1,179.03 493.27 160.00 the N.P.L. of Lot 12, B1k.22, Coronado Add. to 50' W. of the W.P.L. of Hickory Ave. on 25th St. 2099-32 E. 25th St. fr=z 90.19' E. of 861.94 492.83 20.00 the E.P.L. of the alley E. of Globe Ave. to 8' E. of the E.P.L. of Globe Ave. 2099-33 Globe Ave. from 8' S. of the 803.12 391.12 S.P.L. of E. 25th St. to 3' S. of the S.P.L. of E. 26th Street 2099-34 E. 26th St. from 126.10' E. 712.76 309.99 of the E.P.L. of Weber Dr, to the cul-de-sac E. of Weber Dr. 2099-35 Oak Ave. from 3' N. of the 2,672.50 1,389.32 36.20 N.P.L. of the alley E. of Weber Dr. to 8' S-. of the S.P.L. of E. 25th St. 2099-36 E. 27th St. from 3' W. of the 2,137.13 1,045.12 20.00 alley E. of Weber Dr. to 17' E. of W.P.L. of Quirt .Ave. 2099-37 E. 31st St. from 6' E. of 1,143.11 643.00 the E.P.L. of Quirt Ave. to 6' W. of the W.P.L. of Redbud Ave.(N.Leg) 2099-38 Redbud Ave. from 18' S. of 3,130.66 1,819.16 31.11 67.95 49.19 the S.P.L. of E. 31st St. W. Leg to 7' S. of the N.P.L. of E. 33rd St. W. Leg 2100 -9 E. 31st St. from 6' E. of 1,779.41 842.69 the E.P.L. of Redbud Ave. (N.Leg) to 15' W. of the W.P.L. of Teak Ave. 2100-10 Redbud Ave. from 18' S. of 3,485.54 1,498.80 19.56 42.05 the S.P.L. of E. 31st St. to 17.2' S..of the S.P.L. of E. 28th St. 2102-1 17th St. from 2' W. of the 1,598.00 634.54 26.67 194.39 88.68 W.P.L. of Ave. F to 27' W. of the E.P.L. of Ave. G TOTALS 4,078.99 21,461.12 LV 20.82 153.54 353.60 331.31 SEP 2 41%4 COST ESTIMATE 4,078.99 S.Y. Paving (Assessment) @ 1.35 $ 5,506.64 21,461.12 S.Y. Paving (Cash) @ 1.24 26,611.79 13,020.82 L.F. Curb & Gutter @ 1.37 17,838.52 153.54 S.Y. Alley Return @ 4.50 690.93 353.60 S.Y. Valley Gutter @ 5.00 1,768.00 331.31 S.Y. Re -surface @ 0.90 298.18 CONTRACT COST $52,714.06 COST DISTRIBUTION Unit & Contract Property City to Sub -Unit Cost Owner Contractor Cost NOW 2098.9 2,346.63 2,346.63 2098-10 2,867.96 2,867.96 2098-11 2,258.72 2,258.72 2099-22 5,303.05 5,303.05 2099-31 2,281.78 2,281.78 2099 -32 1,833.98 1,833.98 2099-33 1,531.70 1,531.70 2099-34 1,308.51 1,308.51 2099-35 5,380.17 5,380.17 2099-36 4,171.86 4,171.86 2099-37 2,298.37 2,298.37 2099-38 6,898.28 6,898.28 2100-9 3,360.95 3,360.95 2100-10 6,673.70 6,673.70 2102-1 4,198.40 3,145.44 1,052.96 TOTAL $52,714.06 3,145.44 49,568.62 Total City Cost $ 49,568.62 Less monthly estimate of May 1 18_,9.9.5.91 Total Now Due $ 30,572.71 To be paid from GWO 10,400 $ 6,356.01 To be paid from G.W.O. 10,406 $ 24,216.70 FINAL PAVING ASSESSMENTS FILED ON BACK OF ORIGINAL RESOLUTION IN RESOLUTIONS FILE. 64-23-398-1077 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (16) 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: East 26th Street from its intersection with a line 16.0 feet West of the East Property Line of Quirt Avenue to its intersection with a line 24.92 feet East -of the West Property Line of Redbud Avenue (South Leg), known and designated as Sub -Unit Number 12 of Unit Number 2114. East 35th Street from its intersection with a line 13. 5 feet East of the East Property Line of hickory Avenue to its intersection with the West Property Line of Ivory Avenue, known and designated as Sub - Unit Number 15 of Unit Number 2114. 42nd Street from its intersection with a line 4.5 feet West of the West Property Line of the alley West of Chicago -Avenue to its intersection with a line 18.0 feet West of the West Property Line of Dover Avenue (North Leg), known and designated as Sub -Unit Number 16 of Unit Number 2115. East 28th Street from its intersection with a line 6.0 feet East of the East Property Line of Quirt Avenue to its intersection with a line 22.0 feet East of the West Property Line of Redbud Avenue (North Leg), known and designated as Sub -Unit Number 23 of Unit Number 2115. 46th Street from its intersection with a line 16.0 feet West of the West Property Line of Chicago Avenue to its intersection with a line 16.0 feet West of the West Property Line of Dover Avenue (South Leg), known and designated as Sub -Unit Number 3 of Unit Number 2116. Hickory Avenue from its intersection with a line 12.0 feet South of the South Property Line of East 34th Street to its intersection with a line 15.0 feet South of the South Property Line of East 35th Street (East Leg), known and designated as Sub -Unit Number 3 of Unit Number 2117. 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 alleys, 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 rPfaranrP to Gawid imnrnvamPntc and acGPcsmPntc whpro c»rh AAQPnnmPntc wAra laviad 139� SEP 24 IM This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24TH DAY OF SEPTEMBER, 1964. Max Ti m�r' o kTTEST: :avenia L6we, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney CITY OF LUBBOCK September 24, 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 East 26th Street, East 28th Street in Urban Renewal and East 35th Street, .42nd.Street, 46th Street and Hickory Avenue 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 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. CONSOLIDATED FINAL ESTIMATE G.W.O. 10,450 Acce ted September 24, 1964 UANTITIES Yours very truly, /s/ John T. Hickerson City Engineer Unit & Assessment Cash L.F. S.Y. S.Y. S.Y. Sub -Unit Location S.Y. S.Y. C & G Alley Valley Re-sur- Paving Paving Return Gutter facing 6" Base 6" Base 2114-12 E. 26th St. from 16' W. of 1221.66 794.41 13.33 the E.P.L. of Quirt Ave. to 24.92' E. of the W.P.L. of Redbud Ave. (S.Leg) 2114-15 E. 35th St. from 13.5' E. of 307.67 213.00 the E.P.L. of Hickory Ave. to the W.P.L. of Ivory Ave. 2115-16 42nd St. from 4.5' W. of the 1,976.99 1,017.58 27.56 52.54 W.P.L. of the alley W. of Chicago Ave. to 18' W. of the W.P.L. of Dover Ave.(N.Leg) 2115-23 E. 28th St. from 6' E. of 1,130.67 714.54 207.21 the E.P.L. of Quirt Ave. to 22' E. of the W.P.L. of Redbud Ave. (N.Leg) 2116-3 46th St. from 16.' W. of the 2,944.49 1,309.08 9.77 91.04 W.P.L. of Chicago Ave. to 16' W. of the W.P.L. of Dover Ave. (S.Leg) 2117-3 Hickory Ave. from 12' S. of 2,380.66 900.94 49.21 the S.P.L. of E. 34th St. to 15' S. of the S.P.L. of E. 35th St. (E.Leg) TOTALS 7,609.81 2,352.33 4,949.55 50.66 192.79 207.21 COST ESTIMATE 7,609.81 S.Y. Paving (Assessment) @ $1.55 $ 11,795.21 2,352.33 S.Y. Paving (Cash) @ $1.45 3,410.88 4,949.55 L.F. Curb & Gutter . - . @ $1.47 7,275.84 50.66 S.Y. Alley Return @ $5.00 253.30 192.79 S.Y. Valley Gutter @ $5.20 1,002.51 .207.21 S.Y. Resurface @ $1.20 248.65 CONTRACT COST $ 23,986.39 COST DISTRIBUTION Unit & Contract Property City to Sub -Unit Cost Owner Cost Contractor NOW 2114-12* $ 3,005.84 $ 3,005.$4. 2114-15 790.00 $ 919.76 - 129.76 2115-16 4,971.19 3,175.76 1,795.43- 2115-23* 2,938.50 2., 938-.50 2116-3 7,010.57 6,450.70 559.87 2117-3 5,270.29 4,262.06_ 1,008.23_ TOTAL $23,986.39 14,808.28 9,178.11 *Urban Renewal Paving from G.W.O. 10,440 $5,944.34 Assessment Paving G.W.O. 10,450 3,233.77 $9,178.1.1 100 SEP 2 41964 64-23-406-1078 (17) Motion by Councilman Alderson, seconded.by Councilman Kastman, motion, carried, Mayor Tidmore and 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. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with Pioneer Pavers, Inc. G.W.O. 10325 for the making and construction of street improvements on portions of numerous streets and/or avenues in said city including among others the following: East 25th Street from its intersection with a line 87.0 feet East of the East Property Line of Weber Drive to its intersection with a line 8.0 feet East of the East Property Line of Oak Avenue, known and designated as Sub -Unit Number 5 of Unit Number 2088. East 25th Street from its intersection with a line 67.0 feet East of the West Property Line of Quirt Avenue to its intersection with a line 8.0 feet East of the East Property Line of Oak Avenue, known and designated as Sub -Unit Number 6 of Unit Number 2088. Oak Avenue from its intersection with a line 3.0 feet South of the South Property Line of East 24th Street to its intersection with a line 8.0 feet North of the North Property Line of East 25th Street, known and designated as Sub -Unit Number 7 of Unit Number 2088. . 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. 10325. 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. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24TH DAY OF SEPTEMBER, 1964. JUWkVI.-� . ATTEST•: 'rl/l1 Max Tidmore Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney CITY OF LUBBOCK September 24., 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 June 15, 1964, designated as G.W.O. 10325 and find the improvements on East 25th Street, Weber Drive to Quirt and Oak Avenue East 24th Street -to East 25th 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 them by the City of Lubbock. - - Yours -very truly, /s/ John T. Hickerson City Engineer CONSOLIDATED FINAL ESTIMATE G.W.0..10325 Accepted September 24 1964 QUANTITIES Unit & S.Y. L.F. - S.Y. Sub -Unit Location Paving C & G Alley 6" Base Return 2088-5 E. 25th St. from 87' E. of the 2,804.10 1,472.45 24.67 E.P.L. of Weber Dr. to 8' E. of the E.P.L. of Oak Ave. 2088-6 E. 25th St. from 67' E. of •the 2,278.32 1,046.54 W.P.L. of Quirt Ave. to 8' E. of the R.P.L. of Oak Ave. 2088-7 Oak Ave. from 3' S. of the 1,009.78 580.00 16.63 S.P.L. of E. 24th St. to 8' N. of the N.P.L. of E. 25th St. TOTALS 6,092•.20 3,098.99 41.30 r• COST ESTIMATE 6,092.20 S.Y. Paving @ 1.38 $ 8,407.24 3,098.99 L.F. Curb & Gutter@ 1.38 4.276.61 41 SEP 24 IS - _ -- - -- — - — - -- - - - -- COST DISTRIBUTION Unit & Contract City to Sub -Unit Cost Contractor NOW 2088-5 $ 6,006.49 $ 6,006.49 2088-6 4,588.31 4,588.31 2088-7 2,264.57 2.264.57 TOTAL $12,859.37 $12,859.37 t 664-23-401-1079 (18) Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and 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: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Nor -Don Addition Lots 1-25, 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 Nor -Don Addition Lots 1-25 including the following streets: A part of the West half of Utica Avenue from its intersection with a line 3.0 feet North of the North Property Line of the alley North of 52nd Street to its intersection with a line 3.0 feet South of the South Property Line of the alley South of-52nd Street, known and designated as New Subdivision Unit Number 901. North one-half of 52nd Street from its intersection with the East Lip Line of Utica Avenue to its intersection with the West Lip Line of Salem Avenue, known and designated as New Subdivision Unit Number 1425. South one-half of 52nd Street from its intersection with the center line of Utica Avenue to its intersection with the West Lip Line of Salem Avenue, known and designated as New Subdivision Unit Number 1425-A. East one-half of Utica Avenue from its intersection with the center line of 52nd Street to its intersection with a line 3.0-feet North of the North Property Line of the alley North of 52nd Street, known and designated as New Subdivision Unit Number 1426. A part of the West one-half of Salem Avenue from its intersection with the center line of 52nd Street to its.intersection with a line 3.0 feet North of the North Property Line of the alley North of 52nd Street, known and designated as New Subdivision Unit Number 1427. 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 24TH DAY OF SEPTEMBER, 1964. *1111?4Z/ • Max Tidmore, Mayor ATTEST: fU Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney CITY OF LUBBOCK September 24, 1964 Honorable Mayor and City Council Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Kerr Paving Company, paving contractor, under their contract with the subdividers of Nor -Don Addition and find the improvements on 52nd Street from Utica Avenue to Salem Avenue, Utica Avenue from 52nd Street to the alley North of 52nd Street and concrete only on west side of Salem Avenue from 52nd Street to the alley North of 52nd 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 them by the City of Lubbock. Yours very truly, John T. Hickerson City Engineer [02 24 1964 . CONSOLIDATED FINAL ESTIMATE Nor -Dan Addition Accepted September 24, 1964 UANTITIES Unit & S.Y. S.Y. S.Y. Sub -Unit Location Paving L.F. Alley Re -surfacing 6" Base C & G Return A part of NS 901 W I of Utica Ave. from 3' N. of the alley N. of 52nd St. to 15' S. of the SPL of 52nd St. Escrow 516.66 City 72.36 NS 1425 N i of 52nd St. from E. Lip Line of Utica Ave. to the W. Lip Line of Salem Ave. Nor -Don 2,321.12 1,313.42 NS 1425-A S k of 52nd St. from the C of Utica Ave. to the W. Lip Line of Salem Ave. South Property 2,415.66 1,311.58 City 15.02 NS 1426 E ' of Utica Ave. from the L of 52nd St. to 3' N. of the alley N. of 52nd St. Nor -Don 308.23 139.09 City. 58.22 A part of NS 1427 W � of Salem from the b of 52nd St. to 3' N. of the alley N. of 52nd St. Nor -Don Sub -Totals Nor -Don South Property City Escrow TOTALS COST ESTIMATE 11.30 149.44 18.56 134.48 2,629.35 1,601.95 29.86 134.48 2,415.66 1,311.58 145.60 516.66 5,707.27 2,913.53 29.86 134.48 5,707.27 S.Y. Paving @ 1.55 $ 8,846.27 2,913.53 L.F. Curb & Gutter @ 1.47 4,282.89 29.86 S.Y. Alley Return @ 5.00 149.30 134.48 S.Y. Re -surface @ 1.20 161.37 CONTRACT COST $ 13,439.83 COST DISTRIBUTION Unit Contract Property City to Escrow to be Cost Owner Cost Contractor NOW Released A part of N.S. 901 $ 912.98 112.16 $ 800.82 N.S. 1425 5,528.46 5,528.46 N.S. 1425-A 5,695.58 5,672.30 23.28 N.S. 1426 828.96 738.72 90.24 A part of N.S. 1427 473.85 473.85 TOTALS $13,439.83 $12,413.33 $ 225.68 $ 800.82 Nor -Don Addition $ 6,741.03 South Property 5,672.30 City 225.68 Escrow 800.82 TOTAL $13,439.83 64-23-402-1080 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, that the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF AN AVENUE AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Wilshire Park, Lot 407, made arrangements with Hodges & Tierney, Inc. for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Wilshire Park, Lot 407, including the following street: North Zenith Avenue from its intersection with a line 16 feet South of the South Property Line of East Duke Street to its intersection with a line 237.41 feet South of the South Property Line of East Duke Street, known and designated as part of New Subdivision Unit Number 1205. North Zenith Avenue from its intersection with a line 3 feet North of the North Property Line of the alley North of East Cornell Street to its intersection with a line 115 feet North of the North Property Line of the alley North of East Cornell Street, known and designated as part of New Subdivision Unit Number 1206. AND WHEREAS, the construction of the above improvements on the abovementioned street 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. L. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. Olt SEP 24 IR .64-23-403-1081 (20) 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 24TH DAY OF SEPTEMBER, 1.964. Max Tidmore, Mayor ATTEST: Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney CITY OF LUBBOCK September 24, 1964 Honorable Mayor and City Council Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Hodges & Tierney, Inc., paving contractor, under their contract with the subdividers of Wilshire Park, Lot-407, and find the improvements on North Zenith Avenue from the alley North of East Cornell -Street to East Duke 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 avenue, 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, /s/ John T. Hickerson City Engineer CONSOLIDATED FINAL ESTIMATE WILSHIRE PARK ADDITION LOT 407 Accepted September 24, 1964 UANTITIES Unit Location S.Y. L.F. Pavin 6" Base C & G Part of NS 1205 N. Zenith Avenue from 16' S. of the S.P.L. of East Duke Street (W.Side) to 237.41' S. of the S.P.L. of E. Duke St. (W.Side) Wilshire Park School City Part of N.S. 1206 N. Zenith Ave. from 3' N. of the N.P.L. of the alley N. of E. Cornell St. to 115t N. of the N.P,L, of the alley N. of E. Cornell St. Wilshire Park School City Sub -Totals Wilshire Park School City TOTALS COST ESTIMATE 1,412.59 S.Y. Paving @ 1.45 336.41 L.F. Curb & Cutt=@ 1.45 CONTRACT COST COST DISTRIBUTION 397.23 224.41 394.10 148.37 199.11 112.00 199.11 74.67 596.34 336.41 593.21 223.04 1,412.59 336-41 $ 2,048.26 487.79 $ 2,536.05 Unit & Contract Property City to School Cost Sub -Unit Cost Owner Cost Contractor Part of N.S.1205 $ 1,687.96 $ 901.38 $ 215.13 $ 571.45 Part of N.S.1206 848.09 451.11 108.27 288.71 TOTALS $ 2,536.05 $1,352.49 $ 323.40 $ 860.16 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Mackenzie Terrace, Tract E, made arrangements with Walter V. Jarnagin for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Mackenzie Terrace including the following street: The North Access Road to Parkway Drive from its intersection with a line 3.48 feet East of rhP F-int M EP 24 N4 Property Line of the alley East of Redbud Avenue to its intersection with the West Property Line of the alley West of East 2nd Street, Known and designated as New Subdivision Unit No. 1413. AND WHEREAS, the construction of the above improvements on the abovementioned street 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 street 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 24TH DAY OF SEPTEMBER, 1964.1?000?rul �f W 0 Max Tidmore, Mayor ATTEST: l//!! eaz4r Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney CITY OF LUBBOCK September 24, 1964 Honorable Mayor and City Council Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Walter V. Jarnagin, paving contractor, under his contract with the subdividers of Mackenzie Terrace, Tract E, and find the improvements on the North Access Road to Parkway Drive between Redbud Avenue and East 2nd 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 street, 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, /s/ John T. Hickerson City Engineer CONSOLIDATED FINAL ESTIMATE MACKENZIE TERRACE TRACT E Accepted -September 24,_196_4. UANTITIES Unit & S.X. S.X. L.F. Sub -Unit Location 6" Base Paving 6" Base C & G NS 1413 The N. Access Road to Parkway 293.96 2155.73 . 881.89 Drive from 3.48' E..of the EPL of the alley E. of Redbud Avenue to the W.P.L. of the alley W. of E. 2nd St. COST ESTIMATE 293.96 S.Y. Extra Caliche @ $0.60 $ 176.38 2155.73 S.Y. Paving @ $1.60 3,449.17 881.89 L.F. Curb & Gutter @ $1.45 1278 74 CONTRACT COST $ 4,904.29 COST DISTRIBUTION Unit & Contract Property `— Sub -Unit Cost Owner Cost NS 1413 $ 4,904.29 $ 4,904.29 64-23-404-1082 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (28) Councilmen Alderson, Kastman, Simpson, and -Medlock voting Yea, none voting Nay, to authorize the Mayor to execute an .electric transmission line license with the Fort Worth & Denver Railway Company. Also to authorize payment of $1.00 license fee. ELECTRIC TRANSMISSION LINE LICENSE THIS AGREEMENT, Made this 17th day of August, 1964, between Fort Worth and Denver Railway COMPANY, hereinafter called the "COMPANY", party of the first part, and Lubbock Power and Light - City of Lubbock hereinafter (whether one or more persons or corporations) called the "LICENSEE',' party of the second part. WITNESSETH: In Consideration of One ($1.00) Dollar initial and only to be paid by the Licensee to the Company upon execution of this agreement, and of the covenants, promises and agreements of the Licensee hereinafter set forth, and of the faithful performance by the Licensee of the same, the Company grants to the Licensee, upon the conditions hereinafter set forth, license and permission to construct, maintain and use an electric transmission line consisting of poles or metal towers supporting 4 wires. 3 Dhase_ 60 evelp- rarruino 17 Ain .,,,,*.. ...... _ _, ___ i,-- 1. 4 _ { 40'5 SEP 24 1964 of said transmission line being more particularly described as follows: Said Transmission Line crosses over Company's Lead track #35 and 20' width right of way in an easterly -westerly direction along the South side of 50th Street, said transmission line also consist of one down guy encroaching on Company's easterly 23' width right of way adjacent to the north side of 50th Street in Nelson Brown Addition. and being shown upon Blue Print No. S•P•2.2-833 hereto attached and made a part hereof. For convenience, the said transmission line, with all towers, poles, wires and appurtenances thereto, in so far as they relate to said transmission line upon said right of way and station grounds, is hereinafter called the "Transmission Line." IN FURTHER CONSIDERATION of the foregoing grant, the Licensee covenants and agrees with the Company as follows: 1st. The Transmission Line shall be constructed and at all times maintained in strict accordance with current specifications recommended by the Bureau of Standards in its National Electrical Safety Code, and in accordance with the specifications from time to time recommended by the Association of American Railroads for overhead crossings of electric light and power lines, except where by statute or order of competent public authority a different type of construction or a different degree of maintenance is required, in which case construction and maintenance shall be in strict accordance with such statute or order; provided, however, all materials and workmanship employed in the construction and maintenance of the transmission line shall be subject to the approval of the duly authorized representative of the Company; and the Transmission Line shall be so constructed and at all times so maintained, that all wires thereof, carrying 300 volts or more, shall have a minimum vertical clearance of thirty (30) feet over the top of all rails of the Company railroad crossed thereby, anything to the contrary contained in said Code and specifications not- withstanding. Further that no transformer shall be installed by the Licensee on said Transmission Line within one hundred (100) feet of the nearest point of the right of way of the Company, except upon written consent of the duly authorized representative of the Company. That the space around the poles or towers of the Transmission Line on or near the Company's property shall be kept free from underbrush, grass and infammable substance and material by the Licensee. 2nd. It is expressly agreed and understood that when the Licensee undertakes to, at any time, construct or reconstruct, in any manner or way said transmission line over the property hereinbefore mentioned and described, that before so doing the Licensee will give written notice forty-eight(48) hours in advance of its intention to so do to the local Freight Agent of the Company nearest to the transmission line. 3rd. That during the construction and while repairing, renewing or changing the transmission line, the Licensee shall conduct the work with care and diligence so that no damage shall occur to the property of the Company, and so that there will be no interference with the operation of the railroad. Licensee will restore the premises of the Company to as good condition as they were before said work was done, all of which shall be at the sole cost and expense of the Licensee. If the Company shall, in a particular instance, determine that it is necessary for its own protection against the danger of damage arising during such work, it shall have the right, but shall not be required, to employ watchmen or other means for its protection; and if it shall do so, then the expense there shall be paid by the Licensee. 4th. If the Railway Company, for itself or on behalf of its Lessees or grantees, should h at any time or from time to time find it necessary or desirable to make changes in any existing building, track, structure, or overhead or underground installation, or place any additional building, track, structure, or overhead or underground installation on any premises where said wire line is located the Licensee agrees that it will promptly, at its own cost and expense and without cost or expense to the Railway Company or the Railway Company's lessees or grantees, upon t receipt of written notice from the Railway Company so to do, relocate, change, or adjust said Wire Line as requested or required by the Railway Company. 5th. That the Licensee shall at all times indemnify and save harmless the Company (and any tenant company maintaining wires along the right of way of the Company) against loss of or damage to property, and against all claims, demands, actions or causes of action growing out of loss of or damage to property, or injury to or death of persons resulting in any manner from the construction maintenance, use, state of repair, or presence of the transmission line upon the Company's premises (except where such loss of or damage to property or such injury to or death of persons is directly caused by the sole negligence of the Company) and shall promptly pay to the Company the full amount of any damages which the Company may sustain, incur or become liable for, and -all sums which the Company may pay or be compelled to pay in settlement or satisfaction of any such claims, demands, actions or causes of action; but it is understood and agreed that the Company shall give to the Licensee prompt written notice of any such claim, demand or cause of action presented to it. It is further agreed that the Licensee shall have the right to defend, and it shall be its duty i, to defend, at its sole cost and expense all suits brought against the Company upon such claims, demands or causes of action resulting as aforesaid; and the Licensee may at its option, settle or compromise any and all such claims, demands or causes of action as it may deem best, taking all acquittances, discharges and releases therefor on behalf of the Company. The Company shall not be liable for any damage to the transmission line howsoever caused. 6th. Licenseeaccepts the provisions of this contract and will occupy the premises of the Company subject to and in recognition of all rights of other licensees occupying the railway premises by agreement of the Company prior to the date of this contract, and will neither do any act nor omit to do any act that will be in violation of the license agreement between the Company and such other licensee. i 7th. That if Licensee shall at any time intentionally fail or refuse to comply with or carry out any of the covenants herein contained, and such failure or refusal shall continue for a period of sixty (60) days after written demand for such performance or compliance shall have been made upon the Licensee by the Company, which written demand shall specify the particulars in which there is such failure or refusal to comply, the Company may, at its election, without further notice, forthwith revoke this license, and in case of such election, or upon any termination hereof, the Licensee shall, upon request, forthwith remove the transmission line and restore the Company's premises to the condition in which they were prior to the construction of said transmission line. In case the Licensee shall fail to make such removal or restoration within sixty (60) days the __ Company may proceed with such work, and the Licensee shall promptly repav to the Comuanv the cost 106 SEP 24 04 will be deemed or held to be a waiver of the right to terminate the same for any subsequent default or defaults, but notwithstanding such -waiver, the Company may terminate this license on any subsequent default or defaults which may occur; nor shall any termination hereof release the Licensee from any liability or obligation (Whether of indemnity or otherwise) which may have attached or accrued previous to or which may be accruing at the time of such termination. 8th. That the Licensee shall at all times, at its own expense, maintain the most effective system and use the best known and most effective methods to protect the lines, wires and service of the Company and of any licensee of -the Company whose permission to use the Company's premises antedates the permission herein granted the Licensee, from interference and physical hazard, and if necessary in order to prevent such interference or hazard, the Licensee shall, at its own expense, transpose its circuits or make such changes in the construction or location of the transmission line as may be specified by the Company. 9th. If the Licensee moves or disturbs any of the property of the Company, then said Licensee agrees to restore said property in a good conditidn•as it was before said property was disturbed by the said Licensee; and it is further expressly agreed and understood in this connection that said Licensee agrees to indemnify and save harmless the Company from all injuries and damages caused by the Licensee disturbing, removing or interfering with the property of the Company, and agrees to pay the Company for any and all damages that the said Company may sustain or have to pay, including court costs and attorney's fees, growing out of the moving or interfering with any property of the Company. loth. Any notice to be given by the Company to the Licensee hereunder shall be deemed to be properly served if the same be delivered to an executive officer of the Licensee, or if deposited in the Post Office, postpaid, addressed to the Licensee at Lubbock, Texas. llth. In the event the Licensee herein embraces two or more persons or corporations, all the covenants and agreements of the Licensee herein shall be the joint and several covenants and agreements of such persons or corporations. 12th. This agreement shall take effect the date hereof and, unless terminated as above provided, shall continue in force for a period of One (1) 1 year, and thereafter until terminated by either party giving to the other six (6) months' notice in writing, of an intention to terminate the same; and this agreement shall terminate upon the expiration of such notice, and on such termination, all rights and privileges of the Licensee shall absolutely cease, except the right of removal of its property from the premises of the Company. No termination hereof shall affect the rights and liabilities, if any of the parties then or theretofore accrued under this agreement. 13th. This agreement shall bind and inure to the benefit of the parties hereto, their successors and assigns or heirs, executors and administrators; but the Licensee shall not assign, sublet or lease the premises in question and this contract without the written consent of the Company. In case Licensee does assign, sublet or lease, or attempts to assign, sublet or lease the premises in question and this contract, or if there shall be an assignment by operation of law, without the written consent of the Company, it is expressly agreed and understood that in such event the Company has the option and right to cancel this said license and contract immediately and to require Licensee to vacate said premises. 14th. It is expressly agreed and understood that if any article or provision of this license and contract shall be held void or illegal, that the same shall not be held to invalidate in any manner or way, any other provision or provisions, or article or articles, or parts thereof, of this said license and contract. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first ab ve written. ATTEST: Secretary. ATTEST: Approved: Isl W. L. Peck Attorney. Recommended: Isl A. M. Horn Superintendent Communications & Signals /s/ E. A. Graham Asst. Chief Engineer Fort Worth and Denver RAILWAY COMPANY, By Its Vice President Lubbock Power and Liaht-Citv of Lubbock L ' By 70 74:ZA/ Its Mayor Superintendent General Superintendent 64-23-406-1083 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (36) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize the Mayor to execute a Street Use License to Our Lady of Grace Catholic Church (Erskine and Gary) to Sag AuLhQXjjaJj=permit the Church to pave a parkway area with concrete for recessed angle parking. (This was granted on Page 366. on August 27, 1964 but the license was not ready.) STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This License made the 24th day of September, 1964, between the CITY OF LUBBOCK, a Home Rule Municipality, herein called "CITY" and OUR LADY OF GRACE CATHOLIC CHURCH 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 N0/100 ($1.00) DOLLARS and other good and valuable 0. SEP 24 t9l r purpose: To use a portion of the public way, as hereinafter fully described, for a vehicular parking area which shall be paved with concrete and Licensee shall make other improvements consistant 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 which is five (5) feet east of the southwestern corner of Lot 9, Block 34, Eva M. Riceland Addition, City of Lubbock, Texas and is said Lot 9 south property line, said point being five (5) feet east of the northeastern corner of the intersection of Erskine Street and North Gary Avenue and in the north right-of-way line of Erskine Street; THENCE South six and a half (6.5) feet to a point in the north right-of-way line of Erskine Street; THENCE East one hundred six (106) feet along the north right-of-way line of Erskine Street to a point in the north property line of Erskine Street; THENCE North six and a half (6.5) feet to a point in the south property line of Lot 7, Block 34, Eva M. Riceland Addition; THENCE West 106 feet along the property line of Lots 7, 8 and 9, Block 34, Eva M. Riceland Addition to the POINT OF BEGINNING. This License is granted for the further consideration, and subject to the condition that Licensee and the successors and assigns of Licensee shall reconstruct the abutting sidewalk to be six (6) feet wide where it is used as a bumper rail and shall reconstruct the concrete street gutter after removal of the concrete curb and gutter and shall be responsible for maintenance of the parking area granted by this License. (2) The City has the right to remove the concrete along the public way as described above, at anytime, in order that it might construct necessary public improvements and after City has installed the public improvements, Licensee shall replace said concrete at no expense to the City. (3) This License is made subject to the condition .that Licensee, and the successors and assign of Licensee will at all times defend, indemnify and 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 makh of this License or the exercise by Licensee of any privileges granted by this License. (4) Licensee shall at all times exercise the privileges granted by this License in such a ii manner as will not interfere with 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 I City Engineer, Licensee shall erect such barricades, warning signs, and other safety devices as may be required by said City Engineer at no expense to City. (5) City at its election may cancel and revoke this Licence, 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 3118 Erskine Street, Lubbock, Texas. (6) 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. (7) Upon termination of this License, by revocation and/or cancellation by City, by mutual consent of the parties hereto or otherwise, Licensee shall remove, at no cost to City, any or all improvements thereto, if any, made or placed pursuant to this License if such removal is requested by the City. (8) 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. (9) All covenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licensee, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon City without the written consent of City in each instance. ATTEST: Lavenia Lowe, City Secretary- reasurer LICENSEE: OUR LADY OF GRACE CATHOLIC CHURCH BY: 64-23-407-1084 AMERICAN IRON & METAL Co. (35) September 17, 1964 City Council City of Lubbock Dear Sirs: We ask you to consider extending our lease on the city dump ground for one or two more years. We have recently bought a $6500.00 dragline and magnet and are in the process of salvaging cans, iron and tin with this equipment. We find that we will need a 48" magnet instead of the 40" one now in use. This new magnet will cost us approximately $4500.00. We feel that this expenditure will help both the City and us. We are now salvaging 50 to 75 cubic yards per day and can increase this amount to 150 to 200 cubic yards per day with the larger magnet. 08 EP 24 1964 Thanking you for your consideration, we remain Yours very truly, AMERICAN IRON & METAL CO. /s/ Jack D. Williamson /s/ Bobby Jarvis The City Council considered the Request of American Iron and Metal Company as set out in the above letter for extension of time on their salvage lease with the City for an additional one or two years. After consideration of this request motion was made by Councilman Alderson, seconded by Council- man Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize extension until January 1, 1965 of this lease agreement. 64-23-408-1085 A final proposal for a Police and Fire Organization and Administration Survey was presented in behalf (47) of Griffenhagen-Kroeger of San Francisco, a professional consulting firm in public administration and finance. After due consideration it was moved by Councilman Alderson, seconded by Councilman Simpson, with Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the Mayor be authorized to contract with said firm as soon as possible for the proposed consulting services, whose fees for the Police and Fire Organization and Administration Survey are not to exceed $8,500.00. A contract for these services is to be prepared, signed, and approved by both parties as soon as possible. PROPOSAL AND AGREEMENT SET IN ON PAGE 408A. 64-23-408-1086 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (49) _ Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize change of the Regular Meeting of the City Council from November 19th to November 24th. 64-23-408-1087 On September 10, 1964 the City Council considered the proposal. of Mr. 0. G. Andrews for right-of-way (38) on the West side of Slide Road in the vicinity of 38th Street, being in the amount of $12,500 plus $5,000 for removal of improvements. This offer was REJECTED, whereupon, the City Council made a counter -proposal in the amount of $5,000 plus removal of improvements. This counter proposal is to expire thirty days from September loth. On this date it was brought to the attention of the City Council that Mr. 0. G. Andrews would sell this property for a consideration of $12,500. 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 REJECT this counter -proposal, however, the City Council stated that the City's offer of $5,000 will still be in effect for thirty days (until October 10, 1964). 64-23-408-1088 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (30) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize the following letter to be mailed to the Pioneer Natural Gas Company concerning use of right-of-way along Quirt Avenue from Loop 289 northward. September 25, 1964 Mr. Herman Heath F c/o Pioneer Natural Gas Company Lubbock, Texas Dear Mr. Heath: The City Council considered your request for an easement across property which the City of Lubbock reserved from the tract of land. that was sold to Litton Industries. It was the council's desire that you be authorized to construct your gas line upon this land as you requested but that this authorization be granted to you by letter. The City of Lubbock proposes to ultimately dedicate this entire 70 foot wide strip of land for the purposes of widening Quirt Avenue. We prefer not to make this dedication at the present time. You are therefore authorized to construct a gas line as proposed from the northwest corner of Block 1, Litton Addition to the north line of Section 5, Block A, Lubbock County, Texas. The conditions of your acceptance of this authorization are the aame as you have for the use of any publicly dedicated property within the City of Lubbock under the terms of your franchise agreement. We hope this authorization is satisfactory with you so that you can proceed with your construction plans. ff 71 ouxyvor44"It� MT:wm Max idmre 64-23-408-1089 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (37) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize appointment of Mr. John Toles as a member of the Planning and Zoning Commission. Mr. Toles's term will expire November 16, 1965. He is replacing Dave Tipple on this commission, Mr. Tipple having moved to Amarillo. This is a nine member board, other members being: Sydney Moore, Aubrey Faulkner, Edward R. Smith, Roy T. Grimes, Jr., Donald Tapp, W. B. Holmes, M. B. Hance, Louis Murfee, Jr. 64-23-408-1090 The City Council considered the property damage claim of St. Luke's Baptist Church filed with the (41b) City on August 25, 1964 by Reverend A. L. Davis. Motion was made by Councilman Medlock, seconded by Councilman Simpson, motion carried, Mayor Tidmore and Councilmen Alde s&&mn a d e?pie ifa2lan 'amount Medlock voting Yea, none voting Nay, to authorize the City Attorney to / not to excee $ -.0 to St. Luke's Baptist Church due to circumstances peculiar to this case. 64-23-408-1091 Motion by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (39) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize supplement to the City -County Child Welfare Budget in the following amounts: $1,404.00 to apply as salary for full-time adoption worker and $477.00 for typewriter and transcribing equipment. 54-23-408-1092 The City Council considered the request of the United States Post Office Department for angle (27) parking within street right-of-way on the East side.of Avenue G between 15th and 16th Street. Motion was made by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize an eight foot sidewalk to be constructed at the curb line with angle parking on Avenue G between 15th and 16th Streets and parallel in the street adjacent to the sidewalk area. 408A SEP 24 1964 ow - PROPOSAL AND AGREEMENT SET IN FROM PAGE 408. ITEM NO. 64-23-408-1085. GRIFFENSAGEN-KROEGER, INC. PROPOSAL August 31, 1964 Mr. William Pitstick City Manager City Hall Lubbock, Texas Dear Mr. Pitstick: Thank you for the opportunity to offer our services to the City of Lubbock to conduct an administrative and organizational study of your Police and Fire Departments. Based upon our understanding of your needs, we would propose to conduct the following outlined study. Scope of Study 1. Determine those factors and conditions which are peculiar to Lubbock and pose specific problems for effective police and fire administration. This would be done by analyzing pertinent social and economic data including police and fire statistics, census data, and planning information. 2. Review of Police Department. a. Organizational Analysis. Analyze and make recommendations to improve the effectiveness of organization relationship between sections of the department and supervisory relationships within these sections. b. Adequacy of staffing. Review the appropriateness of the number of men assigned to the several activities of the department including (1) Patrol Activities, (2) Traffic Control and Safety, (3) Investiga- tion and Detective Activities, and (4) Juvenile Activities. C. Effectiveness of the records and reporting system. Review the completeness of present records maintained by the department, including the content and form of such records. Determine whether the records that are being maintained are useful and meaningful to effective police administration. d. Appraisal of the communication system and procedures. e. Appraisal of equipment. Evaluate the type of equipment used by the department, including the effectiveness of the replacement and maintenance program. f. Evaluation of the department training program. Review departmental training program, including "Rookie" training, continuing in-service training, special training programs, and the use of professional training materials and literature. g. Appraisal of departmental rules and regulations. Review the completeness of present rules and regulations and recommend areas for improve- ment. h. Evaluation of recruitment standards and methods. 3. Review of Fire Department. a. Organizational analysis. Analyze and make recommendations to improve the effectiveness or relationship within the department and with other city departments. b. Appraisal of station location. Evaluation of the effectiveness of present station location and development of criteria fo future station location. c. Adequacy of staffing. Review the appropriateness of the number of men assigned to companies and stations. d. Effectiveness of records and reporting system. e. Appraisal of communication system and procedures. f. Appraisal of equipment. Evaluate the type of equipment used by the department, including the effectiveness of the maintenance and replacement program. g. Evaluation of department training program. MB SE? 24 j. Evaluation of recruitment standards and methods. Method of Conducting Study In conducting this study, we would work closely with the respective chiefs and their supervisory officers. Systematic interviews would be conducted with key personnel as well as a selective sampling of personnel in all grades within each department. A thorough analysis would be made of the records and statistics of each department for the past several years in order to determine the nature and trend of problems for each department. We would observe working and training methods in the police department by riding patrol beats, and observing interrogation techniques, booking procedures, communication procedures, and training programs; in the fire department by observing drill programs, training sessions, fire prevention inspections, and if possible by observing methods at fires. We propose to have periodic reviews of our findings and conclusions with the respective chiefs during the course of the study, and would suggest at least one interim review with the City Manager to discuss the progress of the study. Substantiation of Recommendations In order to provide the greatest possible understanding of our findings and recommendations, we would include detailed justification of alternative methods and not rely simply on an explanation that any given recommendation is a prevailing practice of modern police and fire administration. We would hope to show that such practices are specifically suited to Lubbock, based upon an understanding of Lubbock's particular problems. As you may know, we have done similar studies for many other communities, such as Linden and East Orange, New Jersey, and Piedmont and San Luis Obispo, California. At the present time we are preparing to make recommendations on public safety organization in Los Alamos, New Mexico and Santa Clara County, California, a large, urbanized county. In addition, we recently did similar work in connection with our personnel study in Nashville, Tennessee. Our principal consultants in the police and fire fields are: John Holstrom, former Police Chief in Berkeley, California, and former President of the International Association of Chiefs of Police; and John Kearney, former Fire Chief of Culver City, California and long active in the professional activities of the Fire Chiefs' Section of the League of California Cities. Cost and Time of Survey We would be prepared to begin the survey with two weeks of notification that we had been retained, and would submit the final written report within ninety days from the date we began work on the study. As stated earlier, we would hold at least one interim review session with the City ` Manager during the course of the work, and would be available to meet with the City Council in at least two working sessions following submission of the final written report. We would supply all clerical services and assume the full cost of publishing fifty copies of the final report. The City of Lubbock need only furnish a small working space for our assigned staff and a desk in which work materials may be maintained during the course of the study. The estimate cost of the above outlined study including all expenses would be $8,500 payable in equal monthly installments providing, however, that the final payment would not become due until submission of the final written report. LJK:md AGREEMENT Very truly yours, Louis J. Kroeger Executive Vice President This agreement, entered into this 13th day of October, 1964, by and between the City of Lubbock, Texas, a municipal corporation, hereinafter referred to as City and Griffenhagen-Kroeger, Inc., management consultants, hereinafter referred to as G-K; WITNESSETH: WHEREAS, City desires professional assistance in analyzing the organization and operations of its police and fire departments; and WHEREAS, G-K has performed similar services for numerous cities and other public jurisdictions. and is skilled in such work; IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: 1. City engages G-K and G-K agrees to provide an administrative and organizational study of the police and fire departments in accordance with the scope of study, method and other terms and conditions outlined in detail in a letter of August 31, 1964 from Louis J. Kroeger, Executive Vice President to William Pitstick, City Manager, all of which letter is hereby deemed by reference to be a part of this agreement. 2. G-K agrees to commence work under this agreement within two weeks after the execution of this agreement, and to submit a final written report within 90 days thereafter. Such final report and interim progress reports shall be provided in accordance with provisions of the letter already by reference made a part of this agreement. 3. City agrees to provide furnished working space and local telephone service for G-K staff and to permit prompt access to all reasonable information required by G-K. Li 4. In full, payment for all services described above, City agrees to pay G-K a sum of money in the amount of $8,500, of which $2,125 shall be due and payable at the end of 30 and 60 days after G-K begins work, and the remainder within 00 days after delivery of the final report, GRIFFENHAGEN-KROEGER, INC. 408D SEP 24 IM PLAT SET IN FROM PAGE 409-ITEM NO. 64-23-409-1096. C—'Ty CCjTJTWAc:T rC ui ny L 71. < 0 L__ SEP 24 S64 - -� - - - 1'64-23-409-1093 i; (46) ,. 64-23-409-1094 (12) Bids as follows were received for the purchase of distribution transformers for a period of one year, being Bid No. 8179. Bid Tabulation set in Bid Book. After consideration of all bids received 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 purchase to be made in accordance with the following recommendations from Carroll Smith, Distribution Superintendent of City of Lubbock Power & Light Department. RECOMMENDATION TO: Purchasing Department FROM: Lubbock Power and Light -Distribution SUBJECT: Bid #8179 DATE: September 24, 1964 This bid for distribution transformers for the period from October 1, 1964, through September 30, 1965, has been evaluated on a "best buy" basis, taking into account the cost of losses and regulatim. as well as first cost. The bidders are numerically marked one through four for each item, which means that number one is the best buy for that particular item, number two is next best, etc. Bidders other than those marked number one may be used in order when number one supplier cannot furnish a particular order when required. Recommend that the year's supply of distribution transformers be purchased in accordance with the bid sheet as marked. /s/ Carroll Smith Distribution Superintendent 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. 4522 be passed on first reading. ORDINANCE ORDINANCE NO. 4522 AN ORDINANCE ABANDONING AND CLOSING A CUL-DE-SAC AT THE NORTH END OF AVENUE N NORTH OF 65TH STREET IN McLARTY'S CIRCLE VIEW ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, SAID CUL-DE- SAC 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 CUL-DE-SAC AS AFORESAID. 64-23-409-1095 Motion by Councilman Medlock, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (26) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4523 be passed on first reading. ORDINANCE ORDINANCE NO. 4523 AN ORDINANCE AUTHORIZING THE REMOVAL OF CERTAIN PARKING METERS; THE RECONDITIONING AND RENUMBERING FOR USE AT OTHER LOCATIONS; AND REPEALING ALL CONFLICTING ORDINANCES. 64-23-409-1096 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (27a) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize the �i Mayor to execute a Street Use License between the City of Lubbock and the United States Government for angle parking within street right-of-way on the East side of Avenue G between 15th and 16th Street. PLAT SET IN ON PAGE 4083). STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This License made the 24th day of September, 1964, between the City of Lubbock, a Home Rule Municipality, herein called "CITY" and the United States Government, 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 N0/100 ($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 for vehicular angle parking which shall be paved with concrete and Licensee shall make other improvements 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: A strip of land approximately 25 feet in width being adjacent and parallel to the West line of Block 184, Original Town Addition to the City of Lubbock, Lubbock County, Texas, and extending from the South curb line of 15th Street to the North curb line of 16th Street. I This License is granted for the further consideration, and subject to the condition that Licensee and the successors and assigns of Licensee shall construct an eight (8) foot wide sidewalk adjacent to the curb and shall reconstruct the concrete street gutter after removal of the concrete curb and gutter and shall be responsible for maintenance of the parking area granted by this License. (2) The City has the right to remove the concrete along the public way as described above, at anytime, in order that it might construct necessary public improvements and after City has installed the public improvements, Licensee shall replace said concrete at no expense to the City. (3) This License is made subject to the condition that Licensee, and the successors and assigns of Licensee will at all times defend, indemnify and 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 1zrow out of 1_10 SEP 24 1%4 (4) Licensee shall at all times exercise the privileges granted by this License in such a manner as will not interfere with the public way at the location hereinabove described and so as not to create any dangerous or hazardous condition thereon, and subject to the supervision of the City Engineer, Licensee shall erect such barricades, warning signs, and other safety devices as may be required by said City Engineer at no expense to City. (5) City at its election may cancel and revoke this License, thirty (30) days notice to Licensee. Said notice shall be deemed the Post Office, postpaid, addressed to Licensee at with or without cause, upon properly served if deposited , Lubbock, Texas. in (6) 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. (7) Upon termination of this License, by revocation and/or cancellation by City, by mutual consent of the parties hereto or otherwise, Licensee shall remove, at no cost to City, any or all improvements thereto, if any, made or placed pursuant to this License if such removal is requested by the City. (8) 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. (9) All covenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licensee, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon City without the written consent of City in each instance. ATTEST: !lam Laven a Lowe, Cit'y Secretary -Treasurer CITY BO ' BY:=Vka�� MAX TIDMORE, Mayor LICENSEE: UNITED STATES GOVERNMENT BY: TITLE NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, SEPTEMBER 24, 1964. MAX TIDMORE, Mayor ATTEST ;, Lavenij Lowe, Cit Secretary -Treasurer READ AND APPROVED THIS THE 8th DAY OF October , 1964. ATTEST: Laveni Lowe, City cretary-Treasurer MAX TIDMOR , Mayor