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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/14/1965I JAN 14 1965 r r r f? January 14, 1965 Lubbock, Texas REGULAR MEETING: The City Council of the City of Lubbock, Texas met at 10:30 o'clock a.m. in the regular meeting place in the City Hall, the following me:.bers thereof being present, to -wit: Mayor Max Tidmore and Councilmen W. E. Alderson, Jack Kastman, Rolan Simpson, and W. E. Medlock, City Attorney Fred 0. Senter, Jr., City Manager William J. Pitstick, Jr., City Secretary -Treasurer Lavenia Lowe. Absent: None. 65-24-1-1 Invocation was given by Director of Finance, Al Couch. (1) 65-24-1-2 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (2) Councilmen Alderson, Kast:-:.an, Simpson, and Medlock voting Yea, none voting Nay, to approve Minutes of City Council -Special Called Meeting held December 15, 1964. 65-24-1-3 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (2a) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to approve Minutes of City Council -Regular Meeting held December 17, 1964. 65-24-1-4 Motion by Councilman Alderson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (3) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4566 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4566 AN ORDINANCE Ai�ENDING SECTIONS 24-24, 24-29, 24-41, 24-44, 24-51, 24-52, 24-54, 24-63, 24-70, 24-73, 24-76 AND 24-97 OF CHAPTER 24, CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, (SAME BEING A PART OF THE PLUMBING CODE), SO AS TO REPEAL THE LAST PARAGRAPH OF SECTION 24-24 PROVIDING THE FEES FOR RE -INSPECTIONS ON CERTAIN PLUMBING WORK RAISE THE RE -INSPECTION FEE FOR CONDEMNED INSTALLATIONS FROM ONE DOLLAR TO TWO DOLLARS AND FIFTY CENTS FOR EACH RE-INSPECTIOE; TO PROVIDE THAT WHERE BITUMINIZED FIBER PIPE IS USED ONLY THE LATEST MANUFACTURERS RECOMMENDATION OF INSTALLATIONS SHOULD BE USED, INSTEAD OF THE LATEST APPROVED METHODS OF CONSTRUCTION; PROVIDING THAT ONLY CERTAIN TYPES OF BENDS BE USED UNDER (CONCRETE) SLAB FLOORS; PROVIDING THAT YELLOW BRASS CONVOLUTED FLEXIBLE CONNECTOR OF A CERTAIN COMPOSITION BE SUBSTITUTED FOR COPPER PIPE IN THE CONNECTION OF GAS APPLIANCES EXCEPT CERTAIN HEATING DEVICES; PROVIDING A PERMIT FOR THE TEMPORARY USE OF GAS, AND THE CIRCUMSTANCES JUSTIFYING SAME AND THE FEE THEREFOR; PROVIDING THAT CERTAIN HEATING EQUIPMENT BE EQUIPPED WITH A RELIEF VALVE OF CERTAIN SPECIFICATIONS AND PROVIDING FOR METHOD OF INSTALLATION; REQUIRING A WATER SILL COCK OR YARD HYDRANT ON ALL SINGLE FAMILY RESIDENCES, DUPLEXES AND APARTMENT HOUSES, ONE ON THE FRONT OF EACH STRUCTURE OR FRONT YARD AND ONE ON THE REAR OF EACH STRUCTURE OR REAR YARD; PROVIDING THAT WATER PIPES IN OUTSIDE WALLS, ATTICS OR OTHER EXPOSED AREAS OF BUILDING SHALL BE COVERED WITH A SUITABLE PIPE COVERING MATERIAL; PROVIDING FOR MODE OF DISPOSAL UNIT, KITCHEN SINK AND DISHWASHER INSTALLATION; PROVIDING THAT TILE, PLASTIC OR APPROVED FIBER PIPE MAY BE USED IN RESIDENTIAL CONSTRUCTION AND INSTALLATION REQUIREMENTS; PROVIDING FOR A MINIMUM SIZE PIPE, A MINI14UM CRUSHING STRENGTH, CERTAIN MANUFACTURERS MARKING ON EACH LENGTH OF PIPE AND THE METHOD OF INSTALLATION WHERE PLASTIC SEWER PIPE IS USED IN THE INSTALLATION OF A SEWER LINE; PROVIDING THAT NEOPRENE GASKET FOR BELL AND SPIGOT PIPE APPROVED AS ALTERNATE IN JOINING CAST IRON PIPE IN ONE STORY STRUCTURES ONLY, BUT SUBJECT TO REVOCATION IF PRODUCT FAILS TO MEET REQUIREMENTS; ESTABLISHING ADDITIONAL REQUIREMENTS AS TO SHOWER BATHS IN RESIDENCES OF ALL TYPES OF CONSTRUCTION; PROVIDING THAT TWO INCH CAST IRON P TRAPS SHALL BE INSTALLED UNDER (CONCRETE) SLAB FLOORS AND THE METHOD OF INSTALLATION; PROVIDING WISCONSIN SANITARY TEE TO BE USED AS A WASTE FITTING ONLY IN BATH TUB OR SHOWER AND NEVER AS A 2" REVENT OPENING; PROVIDING THAT ARMORED NYLON PLASTIC FITTING TO BE USED IN THE INSTALLATION OF GAS YARD LIGHTS; PROVIDING THE PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND DIRECTING PUBLICATION OF THE DESCRIPTIVE CAPTION OF THIS ORDINANCE. 55-24-1-5 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (3a) Councilmen Alderson, Kastman, and Simpson voting Yea, none voting Nay, to reconsider this item. Councilman Medlock was absent at the time this action was taken. 55-24-1-6 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (3b) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to TABLE item 3 until next meeting. 55-24-1-7 Motion by Councilman Alderson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (4) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4591 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4591 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: Airport Capital The sum $155,000.00 Project Fund For the following purpose: Constructing and furnishing a Weather Bureau, Federal Aviation Agency and Executive Air Terminal building at the Lubbock Municipal Airport. AWO 166 6-24-1-8 Motion by Councilman Alderson, seconded by Councilman Medlock. motion carried. Ma.vor TidmorP and 2 JAN 141965 ORDINANCE ORDINANCE NO. 4592 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: Park Bond Funds The sum $20,000.00 For the following purpose: Construction of Baseball Diamond in Mackenzie Park. This constructio to include: Fence Backstop Lights 65-24-2-9 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (6) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4594 be passed on second and final reading. SEE ITEM NO. 65-24-19-70 ORDINANCE ORDINANCE NO. 4594 PAGE 19. - - - AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING DESCRIBED PORTION OF LOUISVILLE, SAID STREET 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 STREET AS AFORESAID. 65-24-2-10 Motion by Councilmen Alderson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (7) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4595 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4595 AN ORDINANCE AUTHORIZING THE REMOVAL OF CERTAIN PARKING METERS; THE RECONDITIONING AND RENUMBERING FOR USE AT OTHER LOCATIONS; AND REPEALING ALL CONFLICTING ORDINANCES. 65-24-2-11 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore (28) and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4596 be passed on first reading. ORDINANCE ORDINANCE NO. 4596 AN ORDINANCE GRANTING THE PANHANDLE AND SANTA FE RAILWAY COMPANY, A CORPORATION, ITS ASSIGNEES, SUCCESSORS AND LESSEES, THE PERMISSIVE RIGHT AND POWER AND PRIVILEGE OF LOCATING, BUILDING, ERECTING, CONSTRUCTING AND PROPERLY MAINTAINING A RAILROAD SPUR TRACK AND TO OPERATE ENGINES, CARS, AND TRAINS THEREON, UPON, IN AND ACROSS NORTH AVENUE T AND NORTH AVENUE U IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AT DESIGNATED LOCATIONS, PROVIDING FOR CERTAIN COVENANTS, LIMITATIONS OR RESTRICTIONS IN THIS GRANT AND PROVIDING FOR THE EFFECTIVE DATE. 65-24-2-12 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore (29) and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinan No. 4597 be passed on first reading. ORDINANCE ORDINANCE N0. 4597 �65-24-2-13 (51) SEE ITEM NO. 65-24-19-71 PAGE 19. AN ORDINANCE GRANTING THE PANHANDLE AND SANTA FE RAILWAY COMPANY, A CORPORATION, ITS ASSIGNEES, SUCCESSORS AND LESSEES, THE PERMISSIVE RIGHT AND POWER AND PRIVILEGE OF LOCATING, BUILDING, ERECTING, CONSTRUCTING AND PROPERLY MAINTAINING AN INDUSTRY TRACK AND TO OPERATE ENGINES, CARS, AND TRAINS THEREON, UPON, IN AND ACROSS ERSKINE STREET AT A POINT WHICH IS 844 FEET EASTERLY.MEASURED ALONG THE CENTER LINE OF ERSKINE STREET, FROM THE POINT OF INTERSECTIOI OF THE CENTER LINE OF AVENUE H AND ERSKINE STREET, IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR dERTAIN COVENANTS, LIMITATIONS OR RESTRICTIONS IN THE GRANT AND PROVIDING FOR THE EFFECTIVE DATE. - - - Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Medlock voting Yea, Councilman Simpson voting Nay, that Ordinance No. 4598 be passed on first reading. ORDINANCE ORDINANCE NO. 4598 AN ORDINANCE AMENDING ORDINANCE NO. 2316 PASSED AND APPROVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS ON SEPTEMBER 24, 1957 PRESCRIBING RATES AND CHARGES FOR LOCAL EXCHANCE TELEPHONE SERVICE FURNISHED BY SOUTHWESTERN BELL TELEPHONE COMPANY IN THE CITY OF LUBBOCK, TEXAS. 65-24-2-14 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (26) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4599 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4599 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; 0 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: JAN 14 t965 F f� For the following purpose: To install a secondary network system in the vault of Citizens National Bank Building to serve the new building. This work will be covered by the following: EWO 12379 $1,800.00 EWO 12380 $4,800.00 EWO 12381 $28,000.00 65-24-3-15 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (25) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4600 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4600 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: STREET LIGHT BOND FUNDS The sum $17,000.00 For the following purpose: To Light 4th Street -From Brownfield Branch of Panhandle & Santa Fe Railway (in Northwest Lubbock, adjacent to Town & Country Shopping Center) to Indiana Avenue; To Light 34th Street, from College Avenue to Avenue H (South side only) -24-3-16 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (43) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. The Council also requested the Highway Department to change the signs near the City limits. to reflect the new population figure of 155,200. RESOLUTION WHEREAS, the City of Lubbock has experienced substantial increases in population following the taking.of the last census, and the City Council desires to officially establish the latest population estimate, and, WHEREAS, the population figure of the City of Lubbock is of great concern and pride to the inhabitants of the City of Lubbock; NOW THEREFORE, . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the estimated figure of ONE HUNDRED FIFTY-FIVE THOUSAND TWO HUNDRED (155,200) as the population for the City of Lubbock made by the Planning Department of the City of Lubbock as of January 1, 1965,, based on an accepted formula for determining populations, is hereby officially adopted by the Governing Body of the City of Lubbock to be used where population estimates are permitted in lieu of preceding Federal Census Population figures. Passed by the City Council this 14th day of January, 1965. MAX TIDMORE, Mayor ATTEST: PZ2 ?4 � e Lavenia Lowe, City Secretary-T easurer 65-24-3-17 Bids as follows were received for the purchase of Electric Items (Potheads and 10" insulators to (63) be used on 69 KV lines), being Bid No. 8389. 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 bids as follows: Accept the bid of Southwestern Electric Supply Company for the purchase of item 2. Accept the bid of Nelson Electric Supply Company for the purchase of item 1. 65-24-3-18 Bids as follows were received for the purchase of steel plate and flat steel for fabricating street (64) light poles, being Bid No. 8348. Bid Tabulation set in Bid Book. After consideration of all bids received 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 authorize acceptance of the bid of General Steel Company for the purchase of this steel plate and flat steel. 65-24-3-19 Bids as follows were received for the purchase of steel plate for fabricating well houses, being (64a) Bid No. 8396. Bid Tabulation set in Bid Book. After consideration of all bids received 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 authorize acceptance of the bid of Mosher Steel Company for the purchase of this steel plate. JAN 14 1965 i5-24-4-21 (66) -24-4-22 (67) 65-24-4-23 (68) 65-24-4-24 (69) 65-24-4-25 (70) 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 Lakewood Pipe Company for the purchase of this steel seamless pipe. Bids as follows were received for the purchase of ten 8" tube type water meters (WWO 11371), being Bid No. 8379. - Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Morrison Supply Company for the purchase of these water meters. Bids as follows were received for the purchase of 72 mobile transceivers units, being Bid No. 8273. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Motorola C & E for the purchase of these transceivers and equipment. Bids as follows were received for the purchase of five automobiles, being Bid No. 8369. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and- Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Lubbock Auto Company "Ford" for the purchase of these five automobiles. Bids as follows were received for the purchase of 14 pickups and one panel truck, being Bid No. 8373. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Lubbock Dodge Incorporated for the purchase of item 2. Accept the bid of International Harvester Company for the purchase of items 1,4,7,8,15. Accept the bid of Lubbock Auto Company for the purchase of items 3,5,6,9,10,11,12,13,& 14. Bids as follows were received for the purchase of 4 cab and chassis, 1 pickup, and 1 panel truck (Electric Department; 1 station wagon for the Airport, being Bid No. 8384. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Lubbock Auto Company for the purchase of items 1,2,3,5, & 7. Accept the bid of Modern Chevrolet for the purchase of -items 4 & 6. 65-24-4-26 Bids as follows were received for the purchase of 1 line construction body with hydraulic derrick (71) (to be mounted on 1 cab and chassis being purchased on above bid, for the Electric Department), being Bid No. 8386. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Utility Equipment Company, Oklahoma City, Oklahoma, for the purchase of this line construction body. 165-24-4-27 Motion by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (244 Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4601 be passed as -an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4601 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Traffic Signals D I The sum $815.72 For the following purpose: Installation of Walk & Wait Signals at the following locations: 1. 19th Street & Avenue T 2. Broadway & Avenue T i AN 14 i9s5 F, r RESOLUTION Resolution accepting water system improvements for Lots 41-55 and sewer system improvements for Lots 36 thru 40, Plainsman Addition WHEREAS, the developers of Lots 36 thru 55, Plainsman Addition have complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $2,772.47 with the improvements constructed by Hemphill Contracting Company having a value of $1,795.36 as determined by the unit prices established by said Chapter 34, and $977.11 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City, with Roy Jennings, the developer, to receive a refund of $94.97 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 $94.97 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 14TH DAY OF JANUARY, 1965.7� • Max Tidmore, Mayor Attested:/XUZ/x/1/ 2pf� Lavenia Lowe, City Secretary Approved: John T. Hickerson, City Engineer Approved: Fred 0. Senter, Jr., City Attorney -24-5-29 notion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidnore and (30) Councilmen Alderson, Kastma.n, Simpson, and Medlock voting Yea, none voting Nay, that the following R�,solucion be passed. RESOLUTION WHEREAS, the City of Lubbock and the State of Texas, by and through the State Highway Commission, have entered into a contract as empowered and authorized by Art. 6673-b, Vernon's Annotated Civil Statutes, providing for the location, construction and maintenance of that part of the•State Highway system, which has heretofore been designated as Loop 289 by the State Highway Co;,imission; and, WHEREAS, under the terms of the contract the procureLaent and acquisition of the necessary land needed for road right of way purposes is the obligation of the City of Lubbock; and, WHEREAS, the State Highway Co,-unission has deemed it necessary in order to make certain highway improvements in connection with said "Loop 289" situated in and adjacent to the City of Lubbock and to the end that this purpose be accomplished, the necessity of which is hereby confirmed by the City Council of the City of Lubbock, it is necessary that an easement over., acooss and thru the land hereinafter described be acquired by the City of Lubbock in fulfillment and satisfaction of its contractual obligations to the State of Texas; and, WHEREAS, W. P. Newman and wife, Lois L. Newman, Calloway Huffaker and Dan K. Sandifer own or have some character interest in land needed for the location, construction and maintenance of said Loop 289, and the value and total damages to the owners for the easement title to said land have been appraised in the amount of $2,699.00 and the Council finds said amount to b-e fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT an easement over, across and thru the following described land situated in Lubbock County, Texas, be acquired by the City of Lubbock for and on behalf of the State of Texas for the purpose of opening, constructing and _maintaining in conjunction with the State Highway Commission, said "Loop 289" as a designated part of the State Highway System, which land is more particularly described as follows: 1.297 acres of land, sane being out of and a part of the East one half of the Southeast one quarter of Section 44, Block AK, Lubbock County, Texas, which East one half was conveyed to W. P. Newman by deed dated January 13, 1950 and recorded in Volume 396, Page 486, Deed of Records of Lubbock County, Texas, which 1.297 acres of land is more particularly described as follows: Being a strip of land, 50.0 feet in width, being 25.0 feet North and 25.0 feet South of the following described center line: Be innin❑ at a noint in the Fast right of wnv lino of T.nnn 9R9_ gnirl nnint hain.- nnnnci[-a 6 JAN 1419SS THAT the owners of said lard be offered, through the Right of Way Department, the amount appraised as the value and total damages for the easement title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock and State of Texas, and unless accepted forthwith the City Attorney is hereby authorized and instructed to institute conde_nnation proceedings to acquire the ease,-aent title to said land as herein above described for highway purposes. Approved and passed by unanimous vote of the Council this 14th day of January, 1965. MAX TI MORE, Mayor ATTEST: LAVENIA LOWE, City Secreta -Treasurer 65-24-6-30 Motion by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (35) 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 Clain Deed 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 14th day of January, 1965. y�A I MAX TIDMORE, Mayor ATTEST :vj� ���� - Lavenia Lowe, City Secreta -Treasurer QUIT CLAIM DEED THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: THAT the City of Lubbock, a Home Rule Municipal Corporation, of the County of Lubbock, State of Texas, acting by and through its duly authorized officer, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by Wilson Homes, Inc. does.hereby BARGAIN, SELL, RELEASE and forever quit claim unto the said Wilson Homes, Inc.,its successors and assigns, all the City of Lubbock's right, title and interest in and to that certain tract or parcel of land described as follows: Being the East 2.0 feet of the South 30.0 feet of Lot 323, Richland Hills Addition to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said Wilson Homes, Inc., its successors and assigns forever, so that neither the grantor nor its successors or assigns, nor any person or persons claiming under the grantor shall at any time hereafter have, claim or de,aand any right or title to the aforesaid premises or appurtenances, or any part thereof. WITNESS MY HAND at Lubbock, Texas, on this 14th day of January, 1965. CI L OC' BY• s MAX TIDMORE, Mayor ATTEST: rr�; �, ill/� • Lavenia Lowe, City Secretary-Treasurer -24-6-31 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, 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 contractual agreements for right of way utility adjustments contracts U-3846 and U-3843 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. 0 Passed by the City Council this 14th day of January, 1965. ��:= �rr� d MAX TIDMORE, Mayor ATTEST: Yn-)�el//!/ . . Lavenia Lowe, City Secretary Treasurer CONTRACTUAL AGREEMENT FOR RIGHT OF WAY UTILITY ADJUSTMENTS (CITY.FORM) 0 77 I L�� STATE OF TEXAS COUNTY OF TRAVIS COUNTY Lubbock PROJECT RW 78-2- HIGHWAy Loop89—'—' AGREEMENT NO. U-3843 JAN 14 Ign F r r I WHEREAS, the State and Owner have previous to this date entered into a contract agreeing to handle by separate contract the adjustment, removal or relocation of certain utility facilities necessitated as a result of highway improvements on the subject project on the basis of a predetermined firm commitment for right of way reimbursement approved by the State; WHEREAS, the Owner, in an affidavit dated December 15, 1964, has asserted an interest in certain lands and that this proposed highway improvement will necessitate the adjustment, removal or relocation of certain facilities of the Owner now located upon such lands as indicated in the following statement of work: Remove and relocate electrical power lines in Sectiong 9, Block J-S and 4, Block E-2, Lubbock County, Texas and crossing Hwy. Engr. Stas. 127+20 and 129+87. WHEREAS, The State and the City desire to accomplish the adjustment, removal or relocation of the Owner's utility facilities by entering into an agreement with the Owner; NOW, THEREFORE, be it mutually agreed that this contract entered into this date between the parties hereto is intended to implement and effectuate the terms and provisions of that contract of January 7, 1959, entered into between the State and the City, as it pertains to right of way utility adjustments and as it effects the utility facilities of the Owner. Upon execution of this agreement by the parties hereto the Owner will, proceed with the necessary adjustment, removal or relocation; and the Owner agrees to prosecute such work diligently to completion in such manner as will not result in avoidable interference or delay in either the State's highway construction or in the said work. The Owner will carry out said adjustmentsttoremNals or relocations in accordance with the ner plans attached hereto, and the costs paid/the/pursuant to this contract shall be full compensation to the Owner for the costs incurred in making such adjustments, removals or relocations. Bills for work hereunder shall be submitted to the State not later than ninety (90) days after completion of the work. The Owner, subject to the acquisition of such rights or interests as may be deemed necessary along or across the Owner's interest in land, and the Owner agrees to accept a lump sum amount of 50% of $1,381.74 as full reimbursement for work covered by this contract, said reimbursement to be forthcoming in such lump sum only after receipt of a lump sum final billing in the foregoing amount accompanied by a certificate to the effect that such work has been fully accomplished. The State will reimburse the Owner upon receipt of proper billing and certificate by the Owner. It is expressly understood that this contract is subject to cancellation by either the State or the City at any time up to the date that work under this contract has been authorized and that such cancellation will not create any liability on either the part of the State or the City. OWNER: CIT BOCK TE Mayor" ATTES THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by �kgc§t he gg i a o isyi ngiiieer and apprc RECOMMENDED F RPOV for State Highwa} Commission. District Engineer Right of Way Engineer CONTRACTUAL AGREEMENT FOR RIGHT OF WAY UTILITY ADJUSTMENTS (CITY FORM). STATE OF TEXAS COUNTY Lubbock PROJECT RW 783-2-1 COUNTY OF TRAVIS HIGHWAY Loop 289 AGREEMENT NO. U-3846 (To be Completed By The State) This agreement entered into this 14th day of January, 1965, by and between the State of Texas, acting by and through the Texas Highway Department, hereinafter called the State, and the City of Lubbock; Texas, acting by and through its duly authorized official under Resolution dated 14th day -of January, 1965, hereinafter called the Owner. WHEREAS, the State and Owner have previous to this date entered into a contract agreeing to handle by separate contract the adjustment, removal or'relocation of certain utility facilities necessitated as a result of highway improvements on the subject project on the basis of a predetermined firm commitment for right of way reimbursement approved by the State; WHEREAS, the Owner, in an affidavit dated December 17,'1964, has asserted an interest in certain lands and that this proposed highway improvement will necessitate the adjustment, removal or relocation of certain facilities of the Owner now located upon such lands as indicated in the following statement of work: Adjust and relocate electrical transmission line'along 34th Street in Survey 44, Block AK, Lubbock County, Texas and crossing approx. Hwy, Engr. Sta. 151+29. WHEREAS, the State and the City desire to accomplish the adjustment, removal or relocation of the Owner's utility facilities by entering into an agreement with the Owner; NOW, THEREFORE, be it mutually agreed that this contract entered into this date between the parties hereto is intended to implement and effectuate the terms and provisions of that contract of January 7, 1959, entered into between the State and the City, as it pertains to right of way utility adjustments and as it effects the utility facilities of the Owner. ed r 8 JAN 14 1965, the States highway construction or in the said work. {� The Owner will carry out said adjustments, removals or relocations in accordance with the Plans attached hereto, and the costs paid to the Owner pursuant to this contract shall be full compensa- tion to the Owner for the costs incurred in making such adjustments, removals or relocations. Bills for work hereunder shall be submitted to the State not later than ninety (90) days after completion of the work. The Owner, subject to the acquisition of such rights or interests as may be deemed necessary along - or across the Owners interest in land, agrees to pay the Owner and the Owner agrees to accept a lump sum amount of 50% of $1,029.05 as full reimbursement for work covered by this contract, said reimbursement to be forthcoming in such lump sum only after receipt of a lump sum final billing in the foregoing amount accompanied by a certificate to the effect that such work has been fully accomplished. The State will reimburse the Owner proper billing and certificate by the Owner. It is expressly understood that this contract is subject to cancellation by either the State or the City at any time up to the date that work under this contract has been authorized and that such cancellation will not create any liability on either the part of the State or the City. CITY 0 UBB09, BYr� `" s 2 VAl ATTEST r THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: By: Executed as State Highway Engineer and approved for State Highway Commission. RECOMMENDED FOR APPROVAL District Engineer Right of Way Engineer 65-24-8-32 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (72) 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 Warranty Deed 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. �4 ow Passed by the City Council this 14th day of January, 1965. r/ s'' "`�`.J MAYOR ATTEST: �1 Lavenia Lowe, City Secretary -Treasurer WARRANTY DEED THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: THAT the City of Lubbock, a Home Rule'Municipal Corporation, of the County of Lubbock, State of Texas, acting by and through its Mayor, heretofore duly authorized for and in consideration of the sum of TEN ($10.00) DOLLARS and other good and valuable consideration, receipt of which is hereby acknowledged, has, subject to the conditions hereinafter stated, GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL and CONVEY, unto the Lubbock Chamber of Commerce of the City of Lubbock, Lubbock County, Texas, for the purpose of development, construction, and maintenance of a school for mentally retarded persons, all that certain parcel of land: BEGINNING at a point from which the Northeast corner of Section 12, Block A, Lubbock County, Texas, bears North 00 05' East 60.0 feet and South 890 55' East 651.60 feet, said point of beginning being North 890 55' West 10.0 feet from the Northwest corner of Tract A, Cresthill Addition to the City of Lubbock, Lubbock County, Texas; THENCE South 00 05' West 358.0 feet to a point; THENCE South 890 55' East 525.18 feet to a point in the West line of College Avenue; THENCE South 10 16' East along the West line of said College Avenue 1873.67 feet more or less to a point, said point being 20.0 feet North of the Northeast corner of Lot 1, Lawson Addition to the City of Lubbock, Lubbock County, Texas; THENCE North 890 55' West 4511.23 feet to a point; THENCE North 00 05' East 2171.67 feet to a point, said point being 120.0 feet South of the North line of said Section 12, Block A; E D 7 THENCE South 890 55' East 2528.18 feet to a point, said point being the beginning point of a curve to the left; THENCE along said curve to the left having a radius of 1400.84 feet and a central angle of 170 03' 40", an arc distance of 208.57 feet to a point; JAN 141965 THENCE along said curve to the right having a radius of 1280.84 feet a central angle of 170 03' 40", an arc distance of 190.7 feet to a point, said point being 60.0 feet South of the North line of said Section 12, Block A; THENCE South 890 55' East 813.82 feet to the POINT OF BEGINNING. And containing approximate) 222 acres. SAVE AND EXCEPT an undivided 1/16th Non -participating Royalty Interest, obtained by a prior conveyance, which is hereby expressly retained. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said grantee, its successors and assigns so long as a school for mentally retarded persons is established by the State of Texas within a period of six years from the date of this conveyance or if a school is established within 6 years, so long as all of said land is used as a school for mentally retarded persons by the State of Texas; provided in the event a school for mentally retarded persons is not established within six years of the date of execution of this deed, or after its establishment the school'is not maintained on the above described property, the City of Lubbock shall return any and all consideration paid by the Lubbock Chamber of Commerce, upon delivery of its general warranty deed reconveying said property to the City of Lubbock, but in the event there is a failure or refusal to reconvey said land, the title shall revert to the City of Lubbock and the City of Lubbock shall not be obligated to return any of the consideration paid to it by the Lubbock Chamber of Commerce; and do hereby bind the City of Lubbock and its successors to warrant and forever defend all and singular said premises unto the said grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part .thereof. Witness my hand this 14th day of January, 1965. Cirp?� 07 o BY s MAX TIDMORE, Mayor ATTEST: Lavenia Lowe, City Secretary-T.-easurer 65-24-9-33 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (34) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the followin - Resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an easement to the Hancock Manufacturing Company, copy 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. �� o 1965./� Passed by the City Council this 14th day. of- January, MAX TIDMORE, Mayor ATTEST: Lavenia Lowe, City Secretary reasurer RIGHT-OF-WAY EASEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENT: THAT CITY OF LUBBOCK, TEXAS, a Municipal Corporation, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, paid it by HANCOCK MANUFACTURING COMPANY, a Corporation, the receipt of which is hereby acknowledged, have granted and conveyed and by these presents do grant and convey unto the said HANCOCK MANUFACTURING COMPANY, a Corporation, herein called Grantee, its successors and assigns, for the purpose of constructing and maintaining a railroad track and switches, as well as operating a railroad thereon, an easement and right-of-way on the following describedland situated in Lubbock County, Texas, to -wit: A strip of land of sufficient width on each side of the hereinafter described Center line of a proposed spur track as now surveyed and staked out of Section 15, Block A, at yLubbock, -Lubbock County, Texas, to accomplish the purpose and intent of this grant; The Center line of said proposed spur track is described as follows: BEGINNING at a -point which bears North 216.0 feet and West 1847.0 feet from the S.E. corner of Section 15, -Block A, said point being in the North line of City of Lubbock's 69 KV Tower Site and 25.0 feet West of the West line of the Berryhill tract; THENCE South a distance of 49.93 feet to a point of curve; THENCE Southeastward along a curve to the left with a radius of 287.94 feet a distance of 94.55 feet to a point in the North R.O.W. line of Erskine Street, said point being the end of -described center line of proposed spur track across City of Lubbock property. Together with free ingress and egress in and to said property by HANCOCK MANUFACTURING COMPANY, its successors and assigns, in, along, upon and out of said right-of-way for the uses and purposes above set out; THERE IS RESERVED AND EXPECTED to the Grantor, its successors and assigns, the right and privilege of having railway cars spotted and respotted, without charge, for loading and unloading purposes on the above easement; provided, however, that nothing contained in this reservation shall be construed as excepting the Grantor, its successors and assigns from paying demurrage or any other rates and charges required to be collected by a railway carrier under State or Federal Law and Regulations. or 10 JAN 141965 DATED THIS 14th day of January, 1965. CT BY: i Mayor ATTEST: ;��0/U ev City Secretary 55-24-10-34 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (31) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4602 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4602 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Fund The sum $8,500.00 For the following purpose: Acquire Parcel No. 12, College Avenue, from Mary E. Webb West and husband Dempsey R. West. This is Lot 1, Block 1, Del Mar Addition (2408 College Avenue). Charge to GWO 10216. 55-24-10-35 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (32) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4603 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 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 desribed bond fund, to -wit: Street Improvement Fund The sum $525.00 For the following purpose: To acquire the East 15 feet of Lot 1, Block 5, Southwest Acres Addition from A. C. Montilla for additional right of way for Quaker Avenue. Charge to GWO 10216. Land-$375.00 Damage to remainder-$150.00 55-24-10-36 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (62) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4604 be passed on. first r-eading. AN APPROPRIATION ORDINANCE ORDINANCE N0. 4604 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 $233,656.30 For the following purpose: Construction of Downtown & Overton Addition Sanitary Sewer Relief Line from 16th St. and Compress Ave. to 9th and Ave. V. Contract 179,975.05 Paving repairs 43,682.50 Utility adjustments 1,000.00 Engineering & contingencies 8,998.75 233,656.30 65-24-10-37 Motion by Councilman Alderson, 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 Whit Victory as a member of the Cemetery Board. Terms are for a period of five years. Mr. Victory's term to expire January 8, 1970. This is a five member board, other members being: Mrs. Roy Furr, Sr., Mrs. Kirk Dean, Harry D. Delaney, George Fields. 65-24-10-38 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (39) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize appointment of Ernest Knox as a member of the Housing Authority Board. Mr. Knox is replacing Harvey Brewington who resigned. Mr. Knox's term will expire December 27, 1966. This is a five member board, other members being: Randolph Rampy, Reverend Robert J. Hearn, Bob J. Moody, Jim Sexton. 0 Ci It JAN 1.41965 r r F r F� period of three years. Mr. Jennings' term to expire November 16, 1967. This is a nine member board, other members being Sydney Moore, Aubrey Faulkner, Edward R. Smith, George Campbell, W. B. Ho -Imes, J. B. Hance, Louis Murfee, Jr., John Toles. -24-11-40 Motion by Councilman Simpson, seconded by Councilman Medlock, Motion carried, Mayor Tidmore and (41) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize - appointment of H. R. Bundock as a member of the Plumbing Board. Terms are for a period of five years. Mr. Bundock's term to expire January 1, 1970. This is a five member board, other members being: Bud W. Myers, John T. McCrummen, M. J. Aderton, Leonard Cole. -24-11-41 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore (41a) and Councilmen Alderson, Kastman, Simpson, and Medlock,voting Yea, none voting Nay, to authorize appointment of Dr. Weston Pettey as a member of the City -County Health Board to replace Robert Dennis, Sr. who.resigned. Dr. Pettey's term will expire February 21, 1967. This is a nine member board, other members being Dr. A. L. Daniel, Jack Kassahan, Wayne E. Pharr, Arnold Maeker, Dr. Sam Arnett, Dr. R. C. Hollarbaugh, Dr. Stanley H. Jaynes, G. 0. Smith. 65-24-11-42 Motion by Councilman Kastman, seconded by -Councilman Anderson, motion carried, Mayor Tidmore and (19) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the followi Resolution be passed. G40 10460 RESOLUTION 65-24-11-43 (61) A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS. WHEREAS, the City Council on December 17, 1964, passed a resolution providing for the improvements of a portion of streets, highways, avenues and/or alleys in the City of Lubbock, Texas, and along the boundaries of said city, to be done under General Work Order No. 10460, and directing preparation of plans and specifications ''covering the streets, highways, avenues and/or alleys as named in said resolution, and, WHEREAS, the City Engineer has prepared and filed with the City plans and specifications for such improvements, and same have been examined; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT, the plans and specifications submitted by the City Engineer covering improvements contemplated by said resolution, BE, and the same are hereby approved and the Mayor and City Secretary are hereby authorized and directed to advertise for bids in accordance with the "Notice to Bidders" made a part of said specifications covering the quantities of materials needed. for said paving program as therein set out. ' AND IT IS SO ORDERED. PASSED AND APPROVED THIS the 14 day'of January,-1965. Max Tidmore, Mayor ATTEST: Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney NOTICE TO BIDDERS G.W.O. 10456 Sealed proposals addressed to the.City Council of -Lubbock, Texas, will be received at the office of the City Engineer until 2:00 p.m. January 12, 1965, for the construction of approxi- mately 7900 feet of 24 ", 1300 feet of 21", 2700 feet of 18", 825 feet of 12" and 930 feet of 10" sanitary sewer lines and related construction for the City of Lubbock, Texas. The City Council will consider the bids on January 14, 1965 at the City Hall, subject to the right to reject any or all bids and to waive formalities. Bids may not be withdrawn after they are submitted. Bidders are required to submit a cashier's or certified check or bid and the successful bidder total bid and the successful bidder shall provide bond in the full amount of the contract price executed by a surety company authorized to do business in Texas. Plans and specifications are on file in the offiee.o€ the City Engineer, Lubbock, Texas. ATTEST: � ' EvLaf l//U Lavenia Uwe, City Secretary -treasurer MAX TIDMORE, Mayor In accordance with the above Notice to Bidders, bids as follows were received on January 12, 1965, for the construction of approximately 7900 feet of 24", 1300 feet of 21", 2700 feet of 18", 825 feet of 12" and 930 feet of 10" sanitary sewer lines and related construction. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Simpson, seconded by Councilman Kastman, motion carried-, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea,, -none voting Nay, to accept the bid of Panhandle Construction Company. Alen to aiithnri7A tha Mavnr to Antar intn rontrart_ 12 JAN 141965 price and conditions for the disposition of Lot 10, .Block 24, Coronado Addition and Lot 13, Block 42 Coronado Addition to Miles Neal and J. A. Chatman. These properties are to be developed commercial) to meet the requirementscf the Urban Renewal Plan and. the "C-2".zon.ing regulations of the City. Lots 10 and 13 are being sold for $29,109.90 and $65,029.90 respectively. 65-24-12-45 NOTICE OF CITY COUNCIL HEARING (9) NOTICE IS HEREBY given to .owners of the property hereinafter described or. referred to and to all other persons as provided by law, that the. City Council will hold a public hearing on the 14th day of January, 1965, at 10:30 A.M., in the City Council Room on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the - zoning district of the property herein described be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance and map will be amended .in accordance with such recommendation. . ZONE CASE NO. 1281-Request of 0. G. Andrews to change the south 150' of the following described property from an "R-1" to an "R-3" Zoning District and the remainder from an "R-1" to a-"G-3"- Zoning District: BEGINNING at a point which is 30' West and 883.931 South of the NE Corner of Section 6, Block E-2, Lubbock County, Texas; THENCE South 650 04' West 1034.42' to a point in the north ROW line of 38th Street; THENCE East 938' along the north ROW line of 38th Street and north line of Lot 1, Indian Hills Addition to a point in the West ROW line of Slide Road; THENCE North 436.07' along the West ROW line of Slide Road to the PLACE OF BEGINNING. (West of Slide Road, north of 38th Street.) The Planning and Zoning Commission recommended to the City Council that this request be granted, for a change to "R-3" for apartment development only on the following described property: A tract of land out of Section 6, Block E-2, Lubbock County, Texas, further described by metes and bounds to wit: BEGINNING at a point 70' West and 883.931 South of the NE Corner of said Section 6; THENCE South 397' to a point; THENCE West 128' to a point; THENCE North 140, 25'; West, 316' to a point; THENCE North 650 04' East 223' to the PLACE OF BEGINNING, subject to conditions that 1500 square feet of lot area and 2 paved off-street parking spaces be provided for each apartment unit. ZONE CASE NO. 1285-Request of Edward W. Napier (for Newton Ince) to change Lot 1, Block 1, Drive -In Subdivision, an addition to the City of Lubbock, Lubbock County, Texas, from an "R-1" to a "Q-3 " Zoning District (SW Corner 57th Street,and Avenue H) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following condition: That a 6' solid permanent type screening fence be erected along the west property line; said fence to meet the requirements of Section 15.1-2-2 of the Zoning Ordinance. ZONE CASE NO. 1286-Request of W. S. & George W.Rogers to change Lots 4, 5, & 6, Block 3, College Heights Addition, City.of Lubbock, Lubbock County, Texas, from an "R-2" to a "C-3 " Zoning District. (SE Corner of Toledo Avenue and 34th Street) The Planning and Zoning Commission recommended to the City Council that this request be granted for a change to a "C-2" Zoning District. ZONE CASE NO. 1288-Request of Arnold Maeker (for Lubbock Baptist Association) to change the W. k of Lots 9 and 10 and the North 10' of Lot 8,-Block 10, Overton Addition, City of Lubbock, 4 Lubbock County, Texas, from an "R-3" to an "R-3 " with a Specific Use Permit Zone Change, j under Section 14-A.1-10 of the Zoning Ordinance,.for Professional Type offices. (SE Corner 13th } and Avenue R) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. That at least 13 paved off-street parking spaces be provided, E 2. That driveway openings meet the requirements of the City's 'n nce,, L_ Lavenia Lowe, City Secretary -Treasurer City of Lubbock, Lubbock County, Teas In accordance with the above Notice of Zoning Hearing, Hearing was held on Zone Case No. 1285- Request of Edward W. Napier (for Newton Ince) to change one lot located at the Southwest corner of 57th Street and Avenue H from "R-l" to"C-3 " zoning district. Don Osbomeappeared in con c ion In with this zoning hearing. Ed W. Napier., attorney appeared in support and stated that he represen� ed ofe' Fnrl T--- Tr Tl,,-'k TT_"4-nn ­4 T T.T Qmif-1, r1_4_ • �- --A in ___f +- cahcrcnnnn JAN 141965 r r f� r r recommendation of the Planning and Zoning Commission and pass Ordinance No. 4605 on first reading to change the zone of Zone Case No. 1285 from "R-l" to "C-3" zoning district. ORDINANCE ORDINANCE NO. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1285: CHANGE LOT 1, BLOCK 1, DRIVE-IN SUBDIVISION, AN ADDITION TO THE CITY OF LUBBOCK,-LUBBOCK COUNTY, TEXAS, FROM AN "R-l" to a "C-3" ZONING DISTRICT; SUBJECT TO CONDITION. 65-24-13-46 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1286- (10) Request of W. S. & George W. Rogers to change three lots located at the Southeast corner of Toledo Avenue and 34th Street from "R-2" to "C-3" zoning district. -George Rogers appeared in support of this zone change request. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented motion was made by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and Councilmen Alderson,.Kastman, Simpson, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 4606 on first reading to change the zone of Zone Case No. 1286 from "R-2" to "C-2" zoning district. ORDINANCE ORDINANCE NO. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE -.THE FOLLOWING CHANGE: ZONE CASE NOr 1286: CHANGE LOTS 4,_5, AND_6, BLOCK 3, COLLEGE HEIGHTS ADDITION, -CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2 " TO.A "C-2 " ZONING DISTRICT. 65-24-13-47 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1288- Request of Arnold Maeker (for Lubbock Baptist Association to change property located at the Southeast corner of 13th Street and Avenue R from "R-3 " zoning district to "R-3" with a Specific Use Permit Zone Changefor Professional Type Offices. No person appeared in support and no person appeared in protest of this zone change request, whereupon, the Mayor stated the hearing was closed. After consideration of -all facts presented motion was made by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 4607 as an emergency measure authorizing the issuance of a Specific Use Permit in Zone Case No. 1288. ORDINANCE ORDINANCE NO. 460 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT IN -ZONE CASE NO. 1288; DECLARING AN EMERGENCY; AND PROVIDING FOR PUBLICATION. 65-24-13-48 Motion by Councilman Medlock,, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (Ila) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4608 be passed as an emergency measure. ORDINANCE ORDINANCE NO. AN ORDINANCE AMENDING THE FIRE ZONE MAP OF THE CITY OF LUBBOCK SO AS TO PLACE CERTAIN PROPERTY IN FIRE ZONE NO. 2, WHICH PROPERTY IS DESCRIBED -IN A SPECIFIC USE PERMIT FOR A COMMERCIAL USE IN ZONE CASE NO. 1288; DECLARING AN EMERGENCY AND.EFFECTIVE DATE OF THIS ORDINANCE. 65-24-13-49 The City Council heard the report of Mr. Fred Senter, City Attorney, recommending that the proposed (17) speed zone on Loop 289 and on West 4th Street be approved as recommended by the State Highway Department Minute Order #55349. Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to approve the speed zones on West 4th Street from the Brownfield Highway (Panhandle & Santa Fe Railway, Brownfield Branch) to the West City Limits as set out in the letter from the Highway Department dated October 20, 1964. Also to approve the speed zones on Loop 289 from Avenue H around Loop 289 to the Clovis Road in West Lubbock as set forth in the letter from the Highway Department dated October 19, 1964, except for the reduction from 70 mph to 65 mph on the East bound service road beginning at a point 0.872 miles east of Station 0 + 32 and extending for 0.5 miles. Request being hereby authorized to the State Highway Department that such speed zones be established by the State Highway Department official Minute Order.. State Highway RESOLUTION THE STATE OF TEXAS COUNTY OF LUBBOCK Lubbock, Texas January 14, 1965 MOTION was made by Councilman Simpson and seconded by Councilman Kastman that the City Council of Lubbock, Texas agree to accept the provisions contained in Minute Order Number 55349 passed by the State Highway Commission on December 18, 1964, for the improvement of the Texas Highway Department of the.streets described below: A street type section on U. S. Highway 87 at the intersection of Loop 289 and U. S. Highway 87. VOTE ON THE MOTION was as follows: Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay. WHEREUPON, the motion was declared carried. MINUTE ORDER Lubbock County District No. 5 WHEREAS, in LUBBOCK COUNTY at the intersection of Loop 289 and U. S. Highway 87, the City of Lubbock has requested the construction of a street -type section on U.S. HIGHWAY 87; and WHEREAS, an analysis of the request indicates that such work will add to traffic safety on this facility; . 14 JAN 141965 H Provided the City will: 1. Provide for the construction of continuous curb and gutter, storm sewers, etc., all as may be necessary for a complete project with the exception eE pavement and its support. 2. Assume responsibility for the construction of driveways and sidewalks should they be deemed necessary now or in the future and agree to make such installations in accordance with governi policies.and regulations of the Department. 3. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement and agree to regulate traffic, provide for parallel parking and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. The Texas Highway Department will: 1. Provide for the construction of pavement and its support within these limits. 2. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement. Upon acceptance of the provisions of this Order by the appropriate officials of the City of Lubbock, the State Highway Engineer, is directed to proceed with construction as a part of the item presently authorized in the 1965-1966 Consolidated Highway Program. It is understood that the City may discharge its construction obligations as outlined herein in any manner as they may elect. In the event the City desires the State to include their portion - of the work in the States construction contract, the State Highway Engineer is hereby authorized to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City of Lubbock and if not accepted within 90 days of the date hereof shall be automatically canceled. Control 783-1&2, Loop 289 Lubbock, Lubbock County Mr. William J. Pitstick City Manager Lubbock, Texas 79408 Dear Mr. Pitstick: Minute Number 55349 Date Passed December 18, 1964 TEXAS HIGHWAY DEPARTMENT October 19, 1964 Speed Zoning Loop 289 The enclosed prints of seven strip -maps reflect the findings taken from a recent "radar" survey of vehicular speeds traveled on Loop 289, beginning with US 87 in the south part of Lubbock and extending counter -clockwise easterly, northerly, and westerly to the intersection with US 84 in the northwest part of Lubbock. - - - The strip -maps numbered 1 through 4 illustrate the stations of survey, the data collected at those stations, and the zones of maximum legal speed recommended for those lanes of roadways now being used as main travel lanes for Loop 289; these "main lanes" consist.of portions of the future expre., way over structures and/or the connection service roads, constructed under the initial contract. The three remaining strip -maps numbered 5 through 7 show sections of frontage road which connect with the intersecting roadways at grade -separation structures or which Loop under certain structures at railroads, indicating the turns in the roadway; then, we have straightened out each of these roadways into a line on which we can show the recommended speed for vehicles. To facilitate identification, a code number for each short length of roadway is shown both on the miniature layout.of the intersection and on the straight line. We hope that this recommendation will be acceptable, in contrast to that which was not accepted by the City early in 1962. There has been much comment outside both the City and the State organizations concerning the lack of established and posted zones of maximum legal speed on Loop 289. Also, from within the City organization we have received considerable comment concerning the lack of posted speed zones. Since there are recommended zones of maximum legal speeds in excess of the 60 mph limit which may be established by a municipal government under the provision of House Bill 50, we suggest two means by which these zones of speed may be created. First, the City may establish those of 60 mph or under by ordinance; the Texas Highway Commission by Commission Minute may establish those over 60 mph. Second, with approval of these.zones of maximum legal speed indicated by the City Council and upon invitation from the City Council, the Texas Highway Commission may create all the zones of maximum legal speed as illustrated on the strip -maps. In the interest of establishing maximum legal speeds which appear to be acceptable to those traveling this portion of city street and highway route, we respectively recommend approval for creation of these zones of maximum legal speeds by which the Police Department of the City of Lubbock may regain a measure control over those who would violate a reasonable and prudent speed, as based on this survey with "radar". Very truly yours, El HI rpm / 1 t- 0. L. Crain District Engineer District Five By: /s/ Chillious P. Mills Sr. Enur. Asst. 15 JAN 14 1965 r r 11 r Control 2256-1 Ell 2255, West 4th St. Lubbock, Lubbock County Mr. William J. Pitstick City Manager Lubbock, Texas 79408 Dear Mr. Pitstick: TEXAS HIGHWAY DEPARTMENT October 20, 1964 Speed Zoning (W. 4th St.) With Project C 2256-1-4, widening of the travel surface to 4-lane, on FM 2255 in Lubbock County being completed, we initiated a "Radar" survey of vehicular speeds currently traveled on that roadway. On the enclosed two strip -maps we have shown the stations of survey, the data collected at each station, and the zones of maximum legal speed recommended to be created by the City Council of the City of Lubbock and/or by the Texas Highway Commission. The entire roadway has been surveyed from Spur 309 at Reese Air Force*Base easterly to the intersection with the Brownfield Road, US 82, in Lubbock. In 1959 the first 0.800 mile west of the Brownfield Road was surveyed and speed zones were,created from that survey. When the city limits were expanded and the west city limit established 150 feet west of Milwaukee Avenue, the existing speed limits of 60 mph during daytime and 55 mph during the nighttime was established for the newly annexed portion of roadway by an Administrative Order of the City Manager adopting the then existing maximum speed limits. With this survey we find that beginning at the west city limit and easterly for a distance of 1.600 miles the 85 percentile speed limit to be 65 mph; thence for the next 2.500 miles easterly 60 mph; thence from this point 0.609 mile west of the intersection with the Brownfield Road easterly 55 mph to Elgin Avenue; thence 45 mph to the intersection with the Brownfield Road. As with the earlier survey in 1959, these recommendations are based on the 85 percentile of the vehicular speeds found by the survey. Since there is recommended a 65 mph zone, 5 mph in excess of that which may be established by a municipality under the conditions of House Bill 50, this speed must necessarily be established by Highway Commission Minute. The remainder of the speed zone may be established by the City ordinance. However, if these -zones of maximum legal speed are approved by the City Council and upon invitation from the City Council, the Texas Highway Commission will by Highway Commission Minute established the entire length of zone. Whichever means is used, it is desirable to have written approval from the City Council prior to action by the Highway Commission. The improvement of this roadway to a 4-lane traffic facility has enhanced the safety for movement of vehicular traffic. We respectfully request approval of these zones of maximum legal speed, as illustrated on the prints of the two strip -maps. CPM/1t Enc. cc: Mr. B. H. McDaniel Traffic Engineer Yours very truly, 0. L. Crain District Engineer District Five By: /s/ Chillious P. Mills Sr. Engr. Asst. District Five 65-24-15-50 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (18) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize the Mayor to execute the following agreement in connection with the proposed construction on U.S. 87 North of Lubbock at its intersection with Loop 289. The Plans covering this construction were approved by the City Council on October 8,-1964. AGREEMENT - C 67-7-29 U 1107 (8) Lubbock County STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this 14th day of January, 1965, by and between the City of Lubbock, Texas, hereinafter called the "City", Party of the First Part, acting by and through its City Council and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway Commission. WHEREAS, the City desires the construction of concrete curb and gutter at the Intersection of Loop 289 and US. Highway No. 87, which is solely the Cityts responsibility and the City has requested the State to construct or have constructed thisuDrk. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expense. The estimated construction cost of this work is Six Thousand Nine Hundred and No/100 Dollars ($6,900.00), including contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of State Highway Commission Minute No. 55349, as it applies to the City, a copy of which is attached hereto and marked "Exhibit All and made a part of this agreement. NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City,_ a warrant made payable to the State Treasurer, Account of Trust Fund No. 927 in the amount of Six Thousand Nine Hundred and No/100 Dollars ($6,900.00), to be used in paying for the proposed work required by the City in the City of Lubbock. It is further understood that the State will construct r 16 JAN 141965 of the State will forthwith supplement this amount by an amount equal to the City's full estimated or actual share of the cost of this work less the amount previously paid into Trust Fund No. 927. In the event the amount as paid is more than the actual cost, then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and construction engineering. It is further understood that the City by the execution of this agreement agrees to the terms and conditions of State Highway Commission Minute No. 55349, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF LUBBOCK Party of the First Part By'. Mayor By: /s/ W. E. Alderson Member of City Council By: /s/ Jack Kastman Member of City Council By: /s/ Rolan Simpson Member of City Council By: /s/ W. E. Medlock Member of City Council STATE OF TEXAS STATE HIGHWAY COMMISSION Party of the Second Part Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: By: State Highway Engineer Under authority of Commission Minute 30665 Recommended for execution: Engineer of Air Projects EXHIBIT "A" WHEREAS, in LUBBOCK COUNTY at the intersection of Loop 289 and U. S. Highway 87, the City of Lubbock has requested the construction of a street type section on U.S. HIGHWAY 87; and WHEREAS, an analysis of the request indicates that such work will add to traffic safety on this facility; NOW, THEREFORE, the State Highway Engineer is directed to tender the following proposal to the City of Lubbock: Provided the City will: 1. Provide for the construction of continuous curb and gutter, storm sewer, etc., all as may be necessary for a complete project with the exception of pavement and its support. 2. Assume responsibility for the construction of driveways and sidewalks should they be deemed necessary now or in the future and agree to make such installations in accordance with governing policies and regulations of the Department. 3. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement and agree to regulate traffic, provide'for parallel parking and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. The Texas Highway Department will: 1. Provide for the construction of pavement and its support within these limits. 2. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement. Upon acceptance of the provisions of this Order by the appropriate officials of the City of Lubbock, the State Highway Engineer is directed to proceed with construction as a part of the item presently authorized in the 1965-1966 Consolidated Highway Program. It is understood that the City may discharge its construction obligations as outlined herein in any manner as they may elect. In the event the City desires the State to include their portion of the work in the State's construction contract, the State Highway Engineer is hereby authorized to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall.become operative upon acceptance by the City of Lubbock and if not accepted within 90 days of the date hereof shall be automatically canceled: Minute No. 55349 December 18, 1964 "EXHIBIT A" 65-24-16-51 Mrs. A. D. Haston appeared before the City Council requesting authorization to keep a trailer (14) house parked at the rear of a house located at 304 Idalou Road. 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 authorize the trailer to remain until April 14, 1965. 65-24-16-52 Mr. Woodrow Wilson appeared before the City Council representing the Artistic Receptacles Company (15) and requesteda franchise from the City of Lubbock to authorize placing of large trash receptacles within the City limits. Said receptacles to carry advertising. After consideration of this ,ani,Agt T„nt;nn was made by Councilman Medlock, seconded by Councilman Alderson, motion carried, L JAN 141965 PLAT SET IN FROM PAGE 17. ITEM NO. 0 02 0 'u mi e r e s ' . ] t� i STR m d JAN 141965 r r 55-24-17-54 Motion by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (58) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize placing of the revenue received from the 34% increase in water rates in the Water Treatment Reserve Fund together with any interest that may accrue from investment of these funds until the Water Treatment Plant is completed. The water rates having been increased during the year 1964. -24-17-55 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (21) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize advertisement -of Notice to Bidders for the construction of water line encasements and relocation prior to construction of the west leg of Loop 289. -24-17-56 The City Council considered modifications on the service road on the North side of 50th Street (22) between Kenosha and Peoria Avenue and it was unanimously agreed to authorize adjacent property owners to be notified and this item to be again considered at the next regular meeting of the City Council on January 28, 1965. -24-17-57 The City Council considered request of property owners for the elimination of parking meters on (23) the West side of the 1400 Block of Texas Avenue and the North side of the 1000 Block of 15th Street. Motion by Councilman Simpson, seconded by Councilman Medlock, that this request be granted. This motion failed to carry, the vote being as follows: Councilman Simpson and Councilman Medlock voting Yea; Mayor Tidmore and Councilman Alderson and Councilman Kastman voting Nay. -24-17-58 Motion by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (24) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize installation of walk -wait signals at the following locations: 19th and Avenue T $ 428.05 Broadway and Avenue T $ 387.67 $ 815.72 -24-17-59 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (44) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the annual audit performed by James 0. Teague and Company, Certified Public Accountants, for the fiscal year October 1, 1963 through September 30, 1964 and authorize payment as follows: General Audit $ 17,200 Tax Audit $ 2,660 Related Agencies Audit $ 1,900 -24-17-60 The City Council considered offer of W. G. Dingus for purchase of property at the Northwest corner (45) of College Avenue and 21st Street in the amount of $25,000. Said right-of-way being needed for widening of College Avenue. Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidniore and Council--ien Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize an offer in the amount of $15,000 to be made for purchase of this property. i5-24-17-61 The City Council considered offer of J. C. Spears for purchase of property located at 3306 College (45a) Avenue in the amount of $28,000 for the property or $25,500 for the right-of-way needed for the widening of College Avenue. Motion was made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to REJECT this offer. The offer heretofore made to Mr. Spears for the needed right-of-way would still be acceptable to the City. 5-24-17-62 The City Council considered offer of Joe Stewart for purchase of property located at 2502 29th (45b) Street in the amount of $11,500. Said right-of-way being needed for widening of College Avenue. Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize an offer in the amount of $9,000 to be made for purchase of this property. i5-24-17-63 The City Council considered an offer from Fenton Harding to sell the City Lot 12, Block 3, Westover (47) Heights Addition. Motion was made by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize an offer to be made to Mr. Harding for purchase of this lot in the amount of $4,750.00. This location being 18th Street and Vicksburg Avenue. PLAT SET IN ON PAGE 16B. -24-17-64 The City Council considered the proposal of H. E. Whitney as to purchase of a tract of land (48) located in Block 6, Suburban Homes Addition. Motion was :Wade by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that this tract not be purchased at this time. -24-17-65 Motion by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (50) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize refunds to the Park Bond Funds of the City of Lubbock from Storm Sewer Bond Funds in the following amounts: $7,500.00 for purchase of approximately 15 acres of lake area land. $11,750.00 for purchase of land from Covington Estate located adjacent to the North side of J.D. Maxey Park. This transfer of funds being made because it has been determined that the lake basins are needed for storage of storm water to prevent flooding in these areas. is JA% 141965 On January 5, 6, and 7, Lubbock Civil Defense Director was visited by Mr. Owen Payne and Mr. - J. B. Greene of the Federal Regional Office of.Civil Defense at Denton, Texas, and Air. John Christian of the State of Texas Office of Defense and -Disaster Relief. The purpose of the visit was to "re-emphasize" the role of local government in Civil Defense Responsibilities and to suggest certain programs which have been used at other locations with considerable success. (Visits were also made to building owners whose buildings qualified as shelters for which no - agreement to mark and stock had been reached.) Programs or projects to be accomplished by April 1, 1965, were suggested as follows: PROJECT 1\1UMBER 1 In order for a Civil Defense Program to be successful, maximum effort must be exerted to license, mark, and stock each building which qualifies as a Fallout Shelter. Immediately following, Fallout Shelter Managers (two for each shelter) must be trained and officially appointed by local City Ordinance for each shelter. At least one qualified radiation monitor must also be trained and assigned. To determine the most effective means of recruiting shelter managers and mon it -ors- a city with a good Civil Defense program was selected for the prototype study. San Antonio was selected because of the magnitude of the problem and because the City Manager -City Council were agreeable and willing to participate. It was the consensus of local Civil Defense Officials, State Civil Defense Officials, and OCD Regional personnel that San Antonio provided the best environment for the initial study. f HYPOTHESIS That a cadre of Federal, State, and Local Civil Defense Officials utilizing local, state, and federal resources can produce 100% shelter manager and shelter monitor capability for any City. METHODOLOGY After a series of conferences it was decided that all Fallout Shelter building owners and/or managers be invited to a meeting at City Hall. The meeting, which was announced by City Manager Jack Shelley in a letter to each, would last no more than 60 minutes and would be chaired by the City Manager who would introduce the program and present certificates of appreciation to owners or managers who had not already been presented. A program would be presented as per the attached agenda. An individual brochure for each building would be han&ed'- out giving all pertinent data on the building7swhich included the capacity, areas of protection, number of managers and monitors required, etc. and an application to be filled out by the buildin owner and manager volunteering personnel to take the training as required. Immediately following the meeting, Federal and State Personnel would fan out over the city to contact those who had not attended. CONCLUSIONS The program was eminently successful and -provided for a better understanding of the job whicfi Civil Defense was trying to accomplish. A similar project has been tentatively scheduled for Lubbock for Tuesday, March 9, 1965, subject to City Manager and City Council approval. RECOMMENDATION In view of the amount of coordination involved in such a program, and the amount of administrati details in preparing letters, brochures together with the requirements for notifying Federal -and State -personnel so that they may plan their participation, it is respectfully suggested that if City Council approval is required for this project it be presented at the January 14 meeting. PROJECT'NUMBER 2 A field test of this exercise was held in Boulder, Colorado. In the field test the local Civil Defense Director invited owners and executives of the news media in his area of responsi bility.to sit in on a seminar on informing the public during an emergency or a national crisis. The agenda for the seminar included a briefing on the information which would be required to be disseminated during a Cuban type crisis, inventory of materials which should be acquired and on hand for the news media prior to an emergency, and a general discussion of how we would score in a hypothetical situation by the number of lives we could save if we were prepared and ready to direct our citizens to adequate shelter in an emergency. All cities in Texas are being asked to conduct this seminar during the month of Januaryand to submit a report- before the loth of February, 1965, so that the results may be used asp the bas of a regional meeting in Denton, Texas, in the middle of February,'1965. A tentative date of January 26, 1965, has been set for Lubbock. Your approval and that of the City Council, if necessary, is requested. /s/ Harry N. Tower Civil Defense Director Harry N.-Tower, Director of Civil Defense, presented the above report entitled "Renewed Emphasis on Civil Defense.Programs" dated January 8, 1965. After consideration of the above report motion was made by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting ;,Fay, to authorize the City Manager and Director of Civil Defense to proceed in accordance with the recommendations as set out in the above report. 0 11 65-24-18-67 The City Council considered the claim of W. E. Feazell for damage to his automobile on October 25, (55) 1964. Motion was,made by CouLcilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to REJECT payment of said claim. . 111 JAN 141965 r r r 65-24-19-69 The City Council considered the claim of B. R. Sinclair for damage to his automobile on August 11, (55b) 1964. 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 REJECT payment of this claim. 65-24-19-70 Mr. Tom Griffith, Attorney, representing the United States Post Office Department appeared before (6a) the City Council requesting that Ordinance No. 4594 not be finally passed and that Louisville Avenue not be closed. Mr. Charles Cobb, Attorney, representing Dr. N.A. Cox also appeared against SEE ITEM NO. closing of LouisvilLe Avenue by passage of Ordinance No. 4594. Mr. Weldon George, Mrs. Goode and 65-24-2-9 approximately 18 other persons residing in the area appeared requesting that Ordinance No. 4594 PAGE 2. be passed on second and final reading to close Louisville Avenue. 65-24-19-71 Mr. John Whitcomb, representative of the Southwestern Bell Telephone Company appeared before the (51a) City Council in connection with request of the telephone company for revision in installation and SEE ITEM NO. service charges. Mr. Whitcomb stated to the City .Council that there are no plans at present or in 65-24-2-13 the forseeable future for increase in telephone rates within the City of Lubbock. Mr. Whitcomb PAGE 2. also stated that the telephone company would not ask for rate increases during the year 1965. 65-24-19-72 The City Council considered the request of Howell Kilgore for a revision to allow the sidewalks to (16) be adjacent to the street curbs along the North side of 4th Street, South side of 3rd Street, and West side of Flint Avenue. (Site Plan -- Zone Case No. 1133) Motion was made by Councilman Simpson; seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize sidewalk construction as follows: An additional 4' sidewalk to be constructed at this location on 4th Street to adjoin the presenl four foot sidewalk, to make the existing sidewalk an eight foot sidewalk. A six foot sidewalk at the curb on Flint Avenue and 3rd Street. The 4th Street location being Lot B of the Tech Village Addition. This being authorization for a modification of the site plan on file in the Planning and Zoning Office of the City of Lubbock. 65-24-19-73 NOTICE OF CITY COUNCIL HEARING (a Publ}$hed in Lubbock Avalanche (12) ourna 11 NOTICE is hereby given to all interested persons as provided by law, that the City Council will hold a•public hearing on the 14th day of January, 1965, at 10:30 A.M., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider whether Sections 10A.1-9 and 10A.6 of the Zoning Ordinance 1695 pertaining to the "C-2A" Zoning District, is to be amended; and at which time and place all interested persons will be.given an -opportunity to be heard, after which hearing the City Council will determine whether the Zoning Ordinance will be amended. PROPOSED AMENDMENTS TO "C-2A" ZONING TEXT PRESENT WORDING PROPOSED WORDING 10A.1-9 - Restaurants (No drive-in ser- 10A.1-9-Restaurants, when designed for vice for on -premises consumption out- serving and consumption of food inside side building. the building only. 10A.6 - Screening -Any portion of the rear of alley property line of any lot or premises occupied for other than residential purposes and not by a per- mitted building shall be screened by a permanent solid screening wall or fence not less than 6 feet in height; pro- vided, that openings for driveways or other access may be permitted. Any such fence or wall shall conform to the terms of this ordinance. 10A.6 - Screening 10A.6-1-A solid 6-foot permanent tvpe screening fence shall be erected and permanently maintained along the rear property line. A 4-foot wide gate and/or openings for ingress and egress shall be permitted when deemed advisable by the City Traffic Engineer On corner lots this fence shall be slanted or "stepped" down from a point 25' from the street.property line to a 22' height at the street property line. When the rear of a building is placed parallel to and within 5 of the rear property line said fence shal not be required, except along.the re- maining portions of the rear property line which have no building parallel thereto and within 5 thereof. 10A.6-2-A solid 6-foot permanent tvpe screening fence shall also be required alon any side lot line whict is adjacent to residentially zoned property; said fence to extend from the rear property line to a point 10' from the front property line. The Planning and Zoning Commission recommended to the City Council at thesradments be approved Lave is Lowe, City Secretary -Treasurer City of Lubbock, Lubbock County, Texas In accordance with the above Notice of Zoning Hearing, hearing was held to consider the recommendation of the Planning and Zoning Commission that the proposed wor.ding of the "C-2A" zoning text be amended. No persons appeared in support of this change and no person appeared.in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented motion was made by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4609 be passed on first reading to amend Zoning Ordinance No. 1695 as to the proposed wording of the "C-2A" zoning text. ' -TT ATTn" nDnTNAMrV Wn l AnQ �4l JAN 141%5 I OF LUBBOCK, TEXAS, TO PROVIDE THAT A RESTAURANT IS ONE DESIGNED FOR SERVING AND CONSUMPTIOP; OF FOOD - INSIDE THE BUILDING ONLY; THAT A SOLID 6 FOOT PERMANENT FENCE BE.ERECT$D AND MAINTAINED; THAT A 4 FOOT WIDE GATE BE PERMITTED WHERE.ADVISABLE; THAT ON CORNER LOTS FENCE BE,"STEPPED" DOWN FOR A CERTAIN DISTANCE FOR THE PROPERTY LINE; THAT WHEN REAR OF BUILDING IS PARALLEL TO PROPERTY LIVE FENCE SHALL NOT BE REQUIRED, EXCEPT ALONG PORTIONS OF PROPERTY WHICH HAVE NO BUILDING PARALLEL THERETO; THAT A SOLID 6 FOOT PERMANENT SCREENING FENCE BE REQUIRED ON SIDE OF -ANY LOT WHICH IS - - ADJACENT TO RESIDENTIALLY ZONED PROPERTY; THAT SAID FENCE SHOULD EXTEND FROM REAR OF PROPERTY TO WITHIN 10 FEET OF FRONT -PROPERTY LINE; PROVIDING FOR A PENALTY;.,AND PROVIDING FOR THE PUBLICATION OF TIME DESCRIPTIVE CAPTION AND EFFECTIVE DATE OF THIS ORDINANCE. 65-24-20-74 notion by Councilman Kastman, seconded by Councilman Medlock, :notion carried, Mayor Tidmora and (46) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the City of Lubbock will assume the cost of paving adjacent to Quaker Avenue at 55th Street, property of 1:Ir, Ben Clinton, provided Mr. Clinton will dedicate the necessary right-of-way for Quaker Avenue widening without cost to the City. 65-24-20-75 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (18a) Councilmen Alderson, Kastmar., Si,-ipson, and Medlock voting Yea, node voting Nay, that Ordinance No. 4610 be passed on first reading. - - AN APPROPRIATION ORDINANCE ORDINANCE NO. 4610 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Capital Improvement Funds The sum $6,900 For the following purpose: To construct curb and gutter on a portion of U.S. 87 (North) on each side of Loop 289 as required by joint agreement between State Highway Departiaent and City. 65-24-20-76 Motion by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (50a) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4611 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4611 WHEREAS, the City Council of the City of Lubbock finds it is necessary to.appropriate certain specific funds out of bond funds for as 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: Storm Sewer Bond Funds The sum $19,250 For the following purpose: Purchasing approximately 15 acres of lake area land located between 17th Street and the alley south of 17th Street from Vicksburg to Westover Circle and approximately 23.5 acres of lake area land located from 24th Street to the 'half section line south of 24th Street between Quaker Avenue and approximately Oxford Avenue. This land is being acquired for the storage of stor.i water. 65-24-20-77 In accordance with the Notice of Zoning Hearing of record in Minute Book 24, Page 12, hearing was (8) held on Zone Case No. 1281-Request of O.G. Andrews to change property located West of Slide Road, North of 38th Street from "R-1" to 11P; 3" and "C-3" zoning district. Mr. Sam Allred, Attorney, appeared in support of this zone change.request representing iir. Earl Andrews. Mr. Allred stated to the City Council that the "R-3" zoning is agreeable to the owners of this property. The following petition was presented containing -approximately 21 names of persons who are in favor of the change from "R-l" to "R-3". PETITION January 5, 1965 TO THE HONORABLE CITY COUNCIL City Hall Lubbock, Texas Subject to the conditional use hereinafter stated, we the undersigned property owners who would be affected by any such change, agree to a zone change from R-1 to R-3 to the following described property: That certain tract or parcel of land located within the City of Lubbock, Lubbock County, Texas, BEGINNING at a point at which the West line of Slide Road intersects the North line of 38th Street, said point being 40 feet West of the Southeast corner of what is referred to as the 0. G. Andrews tract of hand; THENCE West approximately 575 feet with the North .line of 38th Street (and being also the South line of the 0. G. Andrew's Tract) to a point; THENCE North 150 feet to a point at which said North and South line intersects the North line of the Andrew's tract; THENCE approximately 635 feet in a Northeasterly direction with the North line of the said 0. G. Andrew's tract of land to a point in the West line of Slide Road, said point being some 40 feet West of the Northeast corner of the Andrew tract; I il ., JAN 141985 r r r r F �65-24-21-78 (47a) I65-24-21-79 (57 ) the Honorable City Council may see fit to impose. We feet that such use of the property would conform to present surroundings. Sincerely, NAMES: ADDRESSES: /s/ John C. Dowdle 5323 38th St. /s/ Mrs. John C. Dowdle 5323 38th St. /s/ Mrs. Jimmie Hefner 5321 38th St. /s/ Mr.. Clyde E. Hefner 5321 38th St. /s/ Kenneth D. Blaylock 5313 38th St. /s/ Mrs. K. W. Blaylock 5313 38th St. /s/ C. D. Smith 5311 38th St. /s/ Mrs.. C. D. Smith 5311 38th St. /s/ Mrs. B. R. Griffin 5301 38th St. /s/ Billy R. Griffin 5301 38th St. /s/ Stanley W. Pace 5209 38th St. /s/ Mrs. Stanley W. Pace 5209 38th St. /s/ Robert D. Krahn 5203 38th St. /s/ Mrs. Robert D. Krahn 5203 38th St. /s/ Reese E. Tanner 5201 38th St. /s/ Nan Hofacket 5309 38th St. /s/ Jesse W. Hofacket 5309 38th St. /s/ Nadine Jones 5307 38th St. /s/ Leon Jones 5307 38th St. /s/ Robert Calcote 5122 38th St. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented motion was made by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4612 be passed on first reading to change the zone of Zone Case No. 1281 from "R-1" to "R-3" zoning district. ORDINANCE ORDINANCE NO. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 16)5 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1281: CHANGE THE FOLLOWING DESCRIBED PROPERTY FROM AN "R-1" TO AN "R-3" ZONING DISTRICT; SUBJECT TO CONDITIOF_ 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 Ordinance No. 4613 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE N0. 4613 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: Park Bond Funds The sum $4,800.00 For the following purpose: To acquire Lot 12, Block 3, Westover Heights Addition for addition to Higinbotham Park. ($4,750.00 plus $50.00 abstract and filing fees) Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, and Simpson voting Yea, none voting Nay, that the following Resolution be passed. Councilman Medlock was absent at the time this action was taken. D RCM TTTTONT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an easement to Southwestern Public Service 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 14th day of January, 1965.Y��a/ Jz, ti MAX TIDMORE, Mayor ATTEST: 9zhI1111 Lavenia Lowe, City Secretary -treasurer EASEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: S.P.S. Company Check THAT the City of Lubbock, a Home Rule Municipal Corporation, of the County of Lubbock, in amt. $6,793.23 State of Texas, acting herein by and through its Mayor heretofore duly authorized, for and in dated 1-22-65 consideration of the sum of TEN AND N0/100 ($10.00) DOLLARS, and other good and valuable Received by City consideration, to it in hand paid, the receipt of which is hereby acknowledged, has this day 1-1 1 _Af; r.RANTRD- ROLL nnrd rONVRVPD nnrd by thi c naraamant anac r.RANT SF.T.T. nnrd rONURV to Sn»thracctarT, V JAB► 141965 A strip of land in Section .1, Block B, T. T. R & R Company Survey, Lubbock County, Texas, being approximately 4.16 acres and extending 24 feet on each side of the following described center line: BEGINNING at a point in the North line of Section 1, Block B, Lubbock County, Texas, which point lies 60 feet West of the Northeast corner of said Section 1; THENCE South parallel to the East line of said Section, a distance of 3774 feet more or less to a point in the North line of a 38.525 acre tract which is described in the instrument recorded in Volume 448, Page 488 of the Deed Records of Lubbock County, Texas, said point lying 60 feet West of the East line of said Section 1. This easement is granted subject to the reservation unto the City of Lubbock the right to enter upon, over -or across or under said land for the purpose of constructing and maintaining or repairing any of its -utility lines owned and operated by the City, except its electrical system which facilities -may be constructed across this easement but not within and,parallel to the center line; and further subject to the right of the City of Lubbock to execute.easements to third parties for underground pipe lines and to use the surface for any purpose including agriculture, streets, alleys, parking and storage; provided however, that no building shall be constructed within the 48 foot wide easement. It is understood and agreed that the City of Lubbock will reimburse Southwestern Public Service Company for any adjustment in its facilities that are required by the exercise of these rights. Also, this easement is granted subject to the following conditions: 1. The Southwestern Public Service Company agrees and obligates itself by the acceptance of this easement that it will indemnify by payment to the present tenant of the City of Lubbock, its successors or assigns, the actual loss or damage to crops or leasehold interest which may be occasioned by the construction, operation or maintenance of the electric power line to be placed upon the easement herein granted. In the event the Southwestern Public Service Company and the present tenant of the City of Lubbock, its successors or assigns, fail to agree upon the amount of such damages, if any, then this grant shall not in any way constitute or be deemed to bar either party from any action at law or in equity to which they may be entitled. 2. The Southwestern Public Service Company agrees further that by the acceptance of this easement that it will be obligated to keep all weeds and underbrush cleared from around all power line structures placed on said lands, and that in the event it fails to so do after written notice by either the City of Lubbock, or its tenant, that it will pay the City of -Lubbock, or its tenant, any money expended to have said weeds and underbrush cleared from around the electric power line structures. 3. The Southwestern Public Service Company by the acceptance of this easement agrees that it will indemnify and hold harmless the City of Lubbock and its tenant against any and all damages, damage suits or claims which may be made against them which rise from the operati maintenance, and construction of the electric power line upon the herein granted easement. 4. The Southwestern Public Service Company will use said easement for an electric power line which will consist of a variable number of conductors or wires, insulators, crossarms, and all other necessary power line devices, attached to, supported from, and a part of the necessary structures consisting of a variable number of wood, steel, or other metal members of poles, props, guys, and anchors, and for no other purpose. 5. Southwestern Public Service Company, its successors and assigns, will have the right of ingress and egress over any adjacent lands owned by the City of Lubbock to and from the easement subject to the direction and supervision of the Director of Public Works of the City of Lubbock for the purpose of constructing, inspecting, patrolling, adding to or removing power lines, conductors, structures, and other devices and the right to relocate upon the easement. 6. The Southwestern Public Service Company must construct, and the company, its successors and assigns, must at all times maintain the power line in accordance with the National Electrical Safety Code requirements and practices now in effect. 7. Southwestern Public Service Company, its successors and assigns, shall enjoy the rights, benefits and privileges herein conveyed only until such time as the electric power line may be abandoned and removed voluntarily at which times all right, title and interest in the above described easement will revert to the then property owner. 8. Southwestern Public Service Company is a public utility, a corporation organized and existing under the laws of the State of New Mexico, having its main office and principal place of business in Amarillo, Potter County, Texas, and any written notice required to be served upon said company shall be served by addressing such notice at the main office and depositing in the United States Mail. In case of default in the performance of any of the conditions herein, the Grantor shall notify the Southwestern Public Service Company of such default and intention to forfeit by written notice at its principal place of business in Amarillo, Texas; and if such default is not cured or corrected within ten (10) days from date of receipt of notice, this easement may be forfeited at Grantor's discretion and Grantor's agent or attorney shall have the right, without further notice or demand, to re-enter and remove from the premises all persons and property belonging to or connected with the Southwestern Public Service Company without being deemed guilty of any manner of trespass, and without prejudice to any remedies for damages resulting from breach of covenant. 1 11 il WITNESS OUR HANDS this 14th day of January, 1965. ATTEST: �PZV60 CI 0 6�� BY MAX TIDMORE, Mayor 1 963 JAN 141965 65-24-23-80 2119 67th Street (73) Lubbock, Texas 79412 January 12, 1965 Mr. W. J. Pitstick Lubbock City Manager City Hall 916 Texas Lubbock, Texas Dear Mr. Pitstick: The Caprock Horseman's Association was organized in March of 1964. Our charter designates that we are organized to promote horses, horsemanship, and better sportsmanship and co-operation among horse owners, breeders and trainers. The Association has presented several horse shows in the past year .and various other projects promoting the above mentioned ideas. In continuance with our policy, we are now in the process of organizing a mock fox hunt. Thelunt would be much like a genuine hunt - except that no fox or hounds would be used. Outriders would be assigned these positions. In our search for an appropriate area of land for such a project, we discovered that the land immediately northwest of the intersection of Loop 289 and Littlefield Highway has the proper terrain, vegetation and access routes. The Caprock Horseman's Association would like permission to use of this land on some day i.a January or February, depending upon the weather conditions, for such an undertaking. If any further information is needed concerning this hunt, please contact me at SF14-0808. Sincerely yours, /s/ Susan Purtell Secretary, Caprock Horse-man's Associatio The City Council considered request as set out in the above letter and the City Council instructed the City Attorney to write a letter to the Caprock Horseman's Association stating that use of the land immediately northwest of the intersection of Loop 289 and Littlefield Highway is hereby authorized, with the following restrictions: 1. That the City of Lubbock be relieved of all liability associated with this Mock Fox Hurt. 2. That the property not be damaged in any manner by the participants. 3. That the Caprock Horseman's Association furnish the City of Lubbock with a list- of participants who have signed releases of the City of Lubbock being liable or responsible in any way, in connection with the holding of this mock fox hunt. 65-24-23-81 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (16a) 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 Street Use License to Rowell Killgore 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. his Passed by the City Counci1/14th day of January, 1965. W G�ti.d V.A.ORl. ATTEST: zeloghzmlll Lavenia Lowe, City Secretary -Treasurer STREET USE LICEI4SE THE STATE OF TEXAS _ COUNTY OF LUBBOCK This License made this 14th day of January, 1965, between the City of Lubbock, a Home Rule Municipality, herein called "City" and Howell Killgore, 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 NO1 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 parking which shall be paved with asphalt and Licensee shall make other improvements cons steal with the, terms of this License and subject to the written approval of the City Engineer anA Ordinances of the City of Lubbock, and to maintain same at the following designated locations: TRACT I "A strip of land approximately two (2) feet in width along the north side of the development and the south right-of-way o., 3rd Street lying between the 6-foot walk adjacent to the curb --A i-1.., ------i— 1­ 1-.04:ten „o,-r of T.ni- R Tcnh Vi 11 mero Arirli f i nn to t-lia (.i try of 24 JAN 141965 "A strip of land along the west side of Flint Avenue between the 6-foot sidewalk adjacent to the curb and the right-of-way property line, being part of Lot B, Tech Village Addition to the City of Lubbock, Texas." This License is granted for the further consideratioLi, a.d subject to the condition that Licensee and the successors and assigns of Licensee shall construct a six (6) foot wide sidewalk adjacent to the curb and shall be responsible for maintenance of the parking area granted by this License. (2) The City has the right to remove the asphalt 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 asphalt 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 grow out of or relate to the making 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 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, 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 , 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. (S) 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: l� el//!/ Lavenia Lowe, City Secretary -Treasurer PF MAX TIDMORE, Mayor LICENSEE: HOWELL KILLGORE NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEE=1G, .JANUARY 14, 1965. r ATTEST: r LavenLowe, City ecretary- reasurer ' Read and approved this the 28th day of January ATTEST: I Lave is Lowe, City Secretary -Treasurer MAX TIDMORE; Mayor i Lj U L71