Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 2/11/1963131 ) FEB 111965 February 11, 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 members thereof being present, to -wit: Mayor Max Tid.aore 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. 65-24-39-147 Invocation was given by City Attorney, Fred Senter. 65-24(39-148 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (2) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to approve Minutes of City Council -Regular Meeting held January 28, 1965. 65-24-39-149 Motion by Councilman Medlock, seconded by Councilman Alderson, motion carried, Mayor Ti&iore and (3) Councilmen Alderson, Kastman, Simpson and Medlock voting Yea, none voting Nay, to approve Minutes of Accounts Allowed. VOUCHERS FOR DECEMBER 1964 CHECKED BY W. E. MEDLOCK, COUNCILMAN, ON FEBRUARY 9, 1965 GENERAL FUND 4336 - 4832 SPECIAL FUND 161 RESERVE & INSURANCE PREMIUM PAY 593 - 602 AUDITORIUM OPERATIONAL 2900 - 2954 SEWER PRO RATA 743 - 750 CITY SPECIAL (BCD) 61 UNDISTRIBUTED TAX.FUND 214 - 216 TAX CERTIFICATE 68 - 69 ELECTRIC CAPITAL PROJECT 205 - 218 ELECTRIC REVENUE 6846 - 6969 WORKING CAPITAL 4688 - 5083 WATER REVENUE 6181 - 6303 AIRPORT REVENUE 2198 - 2237 WATER CAPITAL PROJECTS 457 - 488 AIRPORT CAPITAL PROJECTS 67 - 72 WATER PRO RATA 914 - 931 WPC TEX 327 1 - 3 STORM SEWER 469 - 479 STREET LIGHT 324 - 329 PARK 728A - 730 STREET IMPROVEMENT 1359 - 1368 TRAFFIC LIGHT 186 - 192 SANITARY SEWER 610 - 627 INTEREST & SINKING FUND 154 - 155 65-24-39-150 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (4) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay,.that Ordinance No. 4613 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4E 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) 65-24-39-151 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (5) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4614 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 46 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: Storm Sewer Bond Fund The sum $9,500.00 (And cancel $12,063.61 remaining of appropriation ordinance No. 3783 covering Urban Renewal, Coronado Area, Storm Sewer) For the following purpose: To complete Urban Renewal Storm Sewer Systel. It will be for the 40 FEB 11 materials, labor, equipment and engineering on the following: 240 L.F. of 30" pipe 216 L.F. of 24'.' pipe 168 L.F. of 18'.' pipe 9-10' Inlets . 5-24-40-152 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (7) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4615 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4615 AN ORDINANCE SETTING OUT THE PHYSICAL REQUIREMENTS FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC PRIVATE AND EMERGENCY HELICOPTER LANDING FACILITIES, REQUIRED APPROACH AND DEPARTURE PATHS, ALTERNATE LANDING AREAS, ZONING RESTRICTIONS, SETTING OUT PROCEDURES FOR THE APPLICATION FOR THE CONSTRUCTION, OPERATION OR MAINTENANCE OF SUCH FACILITIES, ESTABLISHING MINIMUM FLIGHT LEVELS OVER THE CITY-OF- LUBBOCK, PROVIDING FOR THE USE AND OPERATION OF HELICOPTERS WITHIN THE CITY LIMITS OF LUBBOCK AND PROVIDING THAT ANY VIOLATION SHALL BE PUNISHED BY A FINE OF NOT EXCEEDING $200.00, AND DIRECTING THE PUBLICATION OF THE DESCRIPTIVE CAPTION TOGETHER WITH THE PENALTY PROVISION. -24-40-153 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (8) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4616 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4616 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING DESCRIBED PORTION OF AN ALLEY IN THE NAZARENE ADDITION, SAID ALLEY 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 CLOS AND ABANDONMENT OF THE ALLEY AS AFORESAID. 65-24-40-154 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (6) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4617 be passed on -second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4617 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 $6000.00 For the following purpose: Construction of a district maintenance shop at Maxey Park, located in the vicinity of the 4000 Block of 30th Street. 65-24-40-155 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (62) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4619 be passed on -second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4619 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital The sum $44,426.03 Projects Fund For the following purpose: Partial payment to Engineers on preparation of plans and specifications on Water Treatment Plant as per contract dated March 8, 1962 -40-156 Motion by Councilman Kastman, seconded by Councilman SLipson, motion carried, Mayor Tidmore and (28) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4622 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4622 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Improvements Fund The su-n $44,113.60 For the following purpose: Construction of Utility Adjustments, Loop 289 (West) WWO 11372 Furnishing and installing 1396 L.F. of 24 " water line, 960 L.F. of 36 " encasement pipe, and appurtenances at Loop 289 and N. Ouaker Avenue. . 41 FEB 1 1 1955 65-24-41-157 (30) 65-24-41-158 (32) Furnishing and installing 448 L.F. of 16" water line, 448 L.F. of salvaged 24" encasement and appurtenances at Loop•289 and 34th Street West. Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4623 be passed as -an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4623 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Improvements Fui:d The sum $1,593.00 For the following purpose: Additional rock needed to gravel pack 10 water wells in the Sandhills Well Field Water Work Order Number 11366. 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. 4621 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4621 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Traffic Signal Fund The sum $1,188.97 For the following purpose: Replacement of Signal Controllers at the following intersections: A. Main St. & Ave. G B. Broadway & Ave. J C. 13th St. & Ave. J D. 50th St. & Ave. Q 65-24-41-159 Motion by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (47) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed.. RESOLUTION 65-24-41-160 (56) WHEREAS, the City of Lubbock recognizes that Title VIcf the Civil Rights Act of 1964 and the regulations and policies of the Housing and Home Finance Agency effectuating the Title prohibit discrimination on the grounds of race, color, or national origin in the policies and practices of any public facility, educational institution, or hospital responsible for proposed credit to the locality's share of the cost of an urban renewal project receiving financial assistance from the United States, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT, the City of Lubbock hereby assures the United States and the Housing and Home Finance Administrator that the 26th Street Overpass will be available to and serve all persons without regard to race, color, or national origin. Passed by the City Council on this llth day of February, 1965. i ATTEST: Lavenia Lowe, City Secretary -Treasurer MAX T IDMORE, Mayor Bids as follows were received for the purchase of 15 KV and service drop triplex cable, being Bid # 8451. Bid Tabulation set in Bid Book. After consideration of all bids received motion was :Wade by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Si.:ipson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Nunn Electric Supply Corporation for the purchase of item 1. Accept the bid of General Electric Supply Company for the purchase of iteri 2. 65-24-41-161 (58) Bids as follows were received for the purchase of material for baseball field 1i�,hting, being Bid No. 8434. Bid Tabulation set in Bid Book. Affpr consideration of all bids received motion was made by Councilman Alderson, seconded by 42 FEB 11 1965 , I� Councilman Kastman, motion. carried, Mayor Tidmore and Council;,;en Alderson, Kast.o.an, Simpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Ziiaco Electric Supply Company for the purchase of items 1-4. Accept the bid of Graybar Electric, Amarillo, for the purchase of item 5. Accept the bid of General Electric Supply Company for the purchase of item 6. 65-24-42-162 The City Council considered Bid #8432 for purchase of uniforms for the Police Department. Bid was (59) received from J. B. Battle Uniform Company of Oklahoma City, Oklahoma in the amount of $9,494.94 and from Levine's Industrial Uniforms of Lubbock, Texas in the amount of $9,552.00. Based on a letter received from Bert Bernstein, Manager of Levinels subsequent to the bid opening, outlining alteration services, and the fact that the local_firm's bid being only $57.06 in excess of that of J. B. Battle Uniform Company, .notion was -made by Councilman Simpson, seconded by Councilman Medlock, to authorize acceptance of the bid of Levine's Industrial Uniforms for purchase of the 153 summer caps, 316 shirts (long sleeved), 302 pair of trousers, 14 pairs of boot britches, all items being as per specifications. At this time Mr. Dick Battle of J. B. Battle Uniform Co.npany requested the Council to give him permission to speak to them in regard to purchase of these uniforms. After hearing Mr. Dick Battle, and after further consideration of the purchase of uniforms for the Police Department, :notion was made by Councilman Simpson, seconded by Councilman Medlock, :notion carried, to withdraw the above motion. This motion carried by the following vote: Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay. The City Council then unanimously agreed to TABLE this item until the next regular meeting of the City Council. on February 25, 1965. 65-24-42-163 Bids as follows were received for the purchase of a motor grader, being Bid No. 8371. (60) Bid Tabulation set in Bid Book. _ After consideration of all bids received motion was made by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Service Machinery Company for the purchase of this :rotor grader. 65-24-42-164 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 Release of Easement 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 llth day of February, 1965. ATTEST: Lavenia Lowe, City Secretary -Treasurer MAX TIDMORE, Mayor RELEASE OF EASEMENT Parcel 6 STATE OF TEXAS RW 52-7-23 COUNTY OF LUBBOCK U.S. 84 Lubbock County WHEREAS, by that certain instrument dated the 31st day of October, 1960, recorded in Volume 815 at Page 73, Deed Records of Lubbock County, Texas, the undersigned are the owner(s) of an easement for garbage collection purposes in, along, over, upon and across certain property more particularly described therein; and, WHEREAS, the State of Texas, acting by and through the State Highway Commission, has acquired or is in the process of acquiring the hereinafter described property and desires that said easement be remised, released and forever relinquished insofar as it affects or appertains to the hereinafter described land; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That City of Lubbock of the County of Lubbock, State of Texas, for and in consideration of the sum of One and No/100 ($1.00) Dollars cash in hand, the receipt of which is hereby acknowledged, have remised, released and relinquished and by these presents do remise, release and forever relinquish unto The State of Texas all that certain easement interest created and established in the above mentioned instrument and located in, along, over, upon, and across the following described premises in Lubbock County, Texas, and being more particularly described as follows, to -wit 0.589 acres of land, being all of the following described tract of 0.673 acres EXCEPT however 0.084 acres thereof included in the right of way of a Public Road approximately 40.0 feet in width, the centerline of which intersects the present Southwesterly right of way line of U.S. Highway 84 at approximately 1370.1 feet Easterly from the Northwest corner of Section 18, Block A, in Lubbock County, Texas. The 0.673 acres of land, more or less, being out of and part of a tract of land out of the North part of said Section 18, lying Southwesterly of the present U.S. Highway 34, said tract was conveyed to Broadview Gin, Inc. by deeds dated July 13, 1951, April 3, 1954 and February 16, 1961 and recorded in Volume 422, 530 and 830, Pages 640, 289 and 85 in the Deed Records of Lubbock County, Texas, said 0.673 acres of land, being more particularly described by metes and bounds as follows: BEGINNING at a point, the intersection of the Northerly boundary of said Section 18 and the present Southwesterly right of way line of U.S. Highway 84, said point being 1370.1 feet S 890 52, E of an iron bolt set for the Northwest corner of said Section 18; 4:3 FEB 111965 ft I� THENCE S 560 47' E, along said present Highway right of way line, a distance of 183.6 feet to a point in the Easterly boundary of said Owners Tract; THENCE S 00 061 W, along said Easterly boundary, a distance of 119.4 feet; THENCE N 560 47' W, along a line 100.0 feet from and parallel to said present Highway rig'it of way line,) a distance of 402.4 feet to a point in the Northerly boundary of said Section 18; THENCE S 890 52' E, along said Northerly boundary, a distance of 183.2 feet to the place of beginning. IN WITNESS WHEREOF this instrument is executed on this the llth day of February, 1965. ATTEST• if CI BBO BY e , LaveniA Low,e,.. G`ityr b`ecre y-Treasurer MAX TIDM ALE, Mayor -24-43-165 Motion by Councilman Kastman, seconded by Councilman Alderson, 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 a Utility Adjustment U-3798 for the Pioneer Natural Gas 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 llth day of February, 1965. MAX TIDMORE, Mayor ATTEST: i�111Z1 ?. y Lavenia Lowe, City Secretak Treasurer CONTRACTUAL AGREEMENT FOR_ RIGHT OF WAY UTILITY ADJUSTMENTS (CITY FORM) STATE OF TEXAS COUNTY Lubbock COUNTY OF TRAVIS PROJECT.RW 783-2-1 HIGHWAY Loop 289 AGREEMENT NO. U-3798 (To Be Completed By The State This agreement entered into this llth day of February, 1965, by and between the State of Texas, acting by and through the Texas Highway Department, hereinafter called the State, and City of Lubbock, Texas, acting by and through its duly authorized official under Resolution dated llth day of February, 1965, hereinafter called the City, and Pioneer Natural Gas Company, acting by and through its duly authorized representative, hereinafter called the Owner. WHEREAS, the State and City 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 July 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: Relocation and encasement of 8 " gas transmission line at the intersection of Loop 289, U.S. Hwy. 62 and Frankford Ave. in Section 6, Blk. E-2, 37, Block. E-2 between Hwy. Engr. Stas. 175+00 and 200+00, Lubbock County, Texas. WHEREAS, the State and the City desire to accomplish the adjustment, removal or relocation of the Owners 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 City will, by written notice, authorize the Owner to 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 interferen or delay in either 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 by the City 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 City not later than ninety (90) days after completioncf the work. The City, 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 $13,719.98 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 City in an amount equal to 50 per cent of the lump payment to the Owner upon receipt of proper billing and certificate by the City that payment in this amount has been made to the Owner. 44 FEB 111965 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 OF BBOC T S $ THE STATE OF TEXAS BY. Certified as being executed for the purpose and effect of activating ATTEST:l`�� �1 and/or carrying out the orders, Kmpanyt Pionee atural Gas established policies, or work programs OWNER: heretofore approved and authorized by By: the State Highway Commission: Title: By: Date: Executed as State Highway Engineer Examined and Recommended for Approval: and approved for State Highway Commission. RECOMMENDED FOR APPROVAL District Engineer Right of Way Engineer 65-24-44-166 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (39) 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 an agreement to purchase land 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 llth day of February, 1965. ! a ATTEST: ; ,Wv& �/� Lavenia Lowe, City Secretary -Treasurer AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK 9 p MAX TI 4ORE, Mayor This agreement entered.into on the llth day of February, 1965, by and between the City of Lubbock, a Home Rule Municipal Corporation in the County of Lubbock, Texas, and Ben G. Clinton and wife, Bernece; WITNESSETH: THAT in consideration of the sale by Ben G. Clinton and wife, Bernece, to the City of Lubbock of all that certain parcel of land out of Lot Twelve (12), Block One (1), Southwest Acres Addition to the City of Lubbock, Lubbock County, Texas, more fully described as follows: BEGINNING at the Southeast corner of said Lot 12, Block 1, Southwest Acres Addition; THENCE North a distance of 132.5 feet to the Northeast corner of said lot; THENCE West a distance of 15.0 feet to a point; THENCE South a distance of 117.5 feet to a point, said point being the beginning of a curve to the right; THENCE Southwesterly along said curve to the right, said curve having a radius of 15.0 feet, a distance of 23.56 feet to a point in the South line of said Lot 12, said point being the end of said curve; THENCE East a distance of 30.0 feet to the POI14T OF BEGINNING. The City of Lubbock agrees that upon conveyance of the above described tract of land to the City of Lubbock by warfHty deed that all paving, curb and gutter costs and assessments heretofore assessed -against said/Twelve (12) Block One (1), Southwest Acres Addition to the City of Lubbock shall be paid in full. Ben G. Clinton and wife, Bernece, agree that we will convey the above described tract of land out of Lot Twelve (12), Block One (1), Southwest Acres Addition to the City of Lubbock for the above described consideration. WITNESS OUR HANDS THIS llth day of February, 1965. ATTEST: Lavenia Lowe, City Secretary -Treasurer CITY 0 UBBO ° B r� X IDMBRE, Mayor /s/ Ben G. Clinton 65-24-44-167 Mrs. Tom McCullough and Mrs. David Brown, residents of the 4500 block of 49th Street appeared before (23) the City Council requesting relief from blowing dirt off of agricultural land located in this area. - This request was taken under advisement, the City Attorney being instructed to determine whether or not the City can legally regulate this nuisance. 45 EER 111965 r 6-24-45-168 Mrs. A. W. Boyd appeared before the City Council as a representative of the United Church Women of (24) Lubbock and requested use by said organization of the community room and adjacent rest rooms of the Transient Labor Camp located on North Avenue H in Northeast Lubbock. Mrs. Boyd stated to the City Council that these facilities were being requested for use as a kindergarten for underpriviledged Latin American children for the term beginning March 1, 1965 and ending June 1, 1965. After consideration of this request the City Attorney was instructed to draft a lease agreement to be entered into for lease of these facilities to the United Church Women of Lubbock for the period stated above. Total consideration of the lease to be $1.00, the Mayor being hereby authorized to enter into contract. -24-45-169 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (25) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize a minor revision to the,site plan of Zone Case No. 934A, property located East of Avenue Q South Drive aqd South of 54th Street. This action being to allow a maximum of 126 units to be constructed by the motel,with a minimum of 155 parking spaces. Site plan being on file in the office of the Planning and Zoning Department of the City of Lubbock and having been filed with said department on February 4, 1965.- -24-45-170 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (26) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize Notice to Bidders to be published for purchase and installation of supervisory control cable and equipment for approximately 39 water wells in the Sandhills water well field, 33 of said wells having already been drilled, six to be drilled this season. - 6-24-45-171 (27) NOTICE TO BIDDERS W.W.O. 11372 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. February 2, 1965, for the installation of approximately 1396 feet of 24" approved water pipe, 458 feet of 16" approved water pipe, 924 feet of 36 " corr. culvert pipe, salvage 768 feet of 24" Cl. 113 S.C.R.C. pipe and install 448 feet of the 24" salvaged pipe and related construction for the City of Lubbock, Texas. The City Council will consider the bids on February 11, 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 cashiers or certified check or bid bond in the amount of 5% of the 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 office of the City Engineer, Lubbock, Texas. ATTEST: fa U 4- Lavenia Lowe, City Secretary -Treasurer CITY OF LUBBOCK, TEXAS BY: In accordance with the above Notice to Bidders, bids as follows were received for installation of the utility adjustments on Loop 289 (West), WWO 11372. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Panhandle Construction Company and authorize the Mayor to enter into contract. -24-45-172 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (29) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize final payment to Walco Drilling Company in the amount of $4,360.53 for construction of 10 wells in the Sandhills Well Field, WWO 11366, final cost being $38,880.30. Additional cost was due to the use of 155 yards of gravel above the amount estimated. City of Lubbock Certificate of Completion WWO 11366 Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On February 5, 1965, I inspected the Drilling & Developing of Ten Water Wells constructed by Walco Drilling Company under contract.dated August 13, 1964 and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the contractor.. CONTRACTORS AFFIDAVIT ON CLOSING JOB STATE OF TEXAS COUNTY OF LUBBOCK Yours very truly, John T. Hickerson Director of Public Works Before me, a Notary Public in and for Deaf Smith, Texas, on this day personally appear R. Paul Coneway, who being by me duly sworn, upon oath says: I, R. Paul Coneway, Partner, Walco Drilling - Company do represent to the City of Lubbock and solemnly swear that I executed a Contract with the City of Lubbock, said Contract being dated August 13, 1964, for.Drilling & Developing 10 water wells under Water Work Order No. 11366, and that the work and contract has been completed according to the Dlans and specifications pertaining 46 FEB 111955 L to the project and that all labor, material, supplies and other cost including equipment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the Contractor, have been satisfied by payment to the claimant, his authorized agent -or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State and Municipal laws were substantially complied with by me in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this 8th day of February, 1965. Attest: Walco Drilling Co. /s/ R,. Paul Coneway Subscribed and sworn to before me this the 8th day of February, 1965. /s/ Genevia Summers - Notary Public in and for Deaf Smith County, Texas 65-24-46-173 The City Council again considered the traffic problem at 3rd Place from Avenue X to College Avenue. (33) This traffic problem having been discussed by the City Council on January 28, 1965. No action was taken by the City Council in this regard. 65-24-46-174 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (36a) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize re- location of Southwestern Public Service Company transmission line structure at an estimated cost of $870.30 this being in an effort to clear the right-of-way of Frankford Avenue at Farm to Market Road 2528 in Northwest Lubbock. 65-24-46-175 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (37) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4624 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4624 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Fund The sum $870.30 For the following purpose: Cost of relocation of Southwestern Public Service Company transmission line structure to clear the right of way for the widening of Frankford Avenue (F.M. 2528) in the Southwest 4 of Section 6, Block J-S, Lubbock County, Texas, The line is on a private easement. 65-24-46-176 Motion by CounciL7,a.: KaSuTean, seconded by Council <<an Si,,.pson, mo�ion carried, Mayor Tid..ore and (37a) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, no_ze vo.:i:.s Nay, to authorize purchase o-Z Lot 4, Block 3, Westover heights Addition frog, T. J. Davis, Jr. for additional la:,ds for Hioinbo-cha.0 Par':. Consideration is $4,500.00 plus $100.00 Zor abstract and legal fees. 65-24-46-177 Motion by Councilman Kas'_man, seconded by Councilman Simpson, motion carried, 'Mayor Tid-.lore and (38) Councilmen Alderson, Kastr.+an, Si:,ipson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4625 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4625 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 LUBBOCI-: There is hereby appropriated out of the following described bond fund, to -wit: Par:: Bond Funds The sum $4,600.00 For the following purpose: To acquire Lot 4, Bloc?.-, 3, Westover ieights Addition from T. J. Davis, Jr. i-or additional lands for Hi;inbocha.:. Park.. Consideration is_$4,50 plus $100.00 for abstract and.legal fees. 65-24-46-173 11oL-ion by Councilman Alderson, seconded by Councilman kdedlock, motion carried, Mayor Tidmore and (41) Councilmen Alderson, Kastnian, Simpson, and Medlock voting Yea, none voting Way, to authorize purchase of Lots 1 anal 2, Block 4, College/view Addition from Mr. and Mrs. J. C. Spears for consideration of $25,500.00. This land 'being purchased as additional right-of-way for the widening of College between 19th Street and 34th Street. The street location of this property being 3306 College Avenue (GWO 10216). 65-24-46-179 Motion by Councilman Alderson, seconded by CounciLnan Medlock, motion carried, Mayor Tidmore and (41a) Councilmen Alderson, Kast-nan, Sia:pson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4626 je passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4626 4' FEB 1 1 1965 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of she following described bond fund, to -wit: Street Improvemen Funds The sum $25,500.00 For the following purpose: To acquire Lots 1 and 2, Block 4, College View Addition from Mr. and Mrs. J. C. Spear for additional right of way for College Avenue. This property is located at 3306 College Avenue. (G.W.O. 10216) 65-24-47-150 Motion by Councilman Alderson, seconded by Councilman Si:ipson, :lotion carried, Mayor Tidmo-re and (31) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize the Mayor to execute the following agreement between the City of Lubbock and Whitaker & Hall, Architects and Engineers, for architectural services in connection with construction of the -Guadalupe Community Center and the Mae Simmons Community Center in Lubbock. AGREEMENT �. THE STANDARD FORM OF AGREEMENT BETWEEi1 OWNER AND ARCHITECT THIS AGREEMENT made as of the Eleventh day of February in the year Nineteen Hundred and Sixty -Five by and between City of Lubbock hereinafter called the Owner, and Whitaker and Hall -Architects and Engineers hereinafter called the Architect, WITNESSETH, that whereas the Owner intends to erect Toe Guadalupe Community Center and The Mae Simmons Community Center hereinafter called the Project. NOW, THEREFORE, the - Owner and the Architect, for the considerations hereinafter named, agree as follows: A The Architect agrees to perform, for the above -named Project, professional services as hereinafter set forth. B The Owner agrees to pay the Architect for such services a fee of per cent of the constructic cost of the Project, with other payments and reimbursements as hereinafter provided, the said percentage being hereinafter called the Basic Rate. SEE ITEM NO. 13 The parties hereto further agree to the following conditions: -1. THE ARCHITECTS SERVICES The Architects professional services consist of the necessary conferences, the preparation of preliminary studies, working drawings, specifications, large scale and full size detail drawings, for architectural, structural, plumbing, heating, electrical, and other mechanical work; assistance in the drafting of forms of proposals and contracts; the issuance of Certificates for Payment; the keepin- of accounts, and the general administration of the construction contracts. 2. REIMBURSEMENTS 3. SEPARATE CONTRACTS The Basic Rate applies to work let under a single contract. For any portions of the Project let under separate contracts, on account of extra service thereby required, the rate shall be four per cent greater, and if substantially all the Project is so let the higher rate shall apply to the entire Project; but there shall be no such increase on the Plumbing, heating, electrical and other .nechanical work or on any contracts in connection with which the Owner reimburses special consultants' fees to the Architect, or for articles not designed by the Architect but purchased under his direction. 4. EXTRA SERVICES AND SPECIAL CASES If the Architect is caused extra drafting or other expense due to changes ordered by the Owner, or due to the delinquency or insolvency of the Owner or Contractor, or as a result of damage by fire, he shall be equitably paid for such extra expense and the service involved. Work let on any cost-plus basis shall be the subject of a special charge in accord with the special service required. If any work designed or specified by the Architect is abandoned or suspended, in whole or in part, the Architect is to be paid for the service rendered on account of it. 5. PAYME!'TS Payments to the Architect on account of his fee shall be ..zade as follows, subject to the provisions of Article 4: Upon completion of the preliminary studies, a sum equal to 25% of the basic rate computed upon a reasonable estimated cost. During the period of preparation of specifications and general working drawings, monthly payments aggregating at the completion thereof, a suui sufficient to increase payments to 75%-of the rate or rates of commission arising from this Agreement, co:puted upon a reasonable cost estimated on such completed specifications and drawings, or if bids have been received, then computed upon the lowest bona fide bid or bids. From time to time during the execution of work: and in proportion to the amount of service rendered by the Architect, payments shall be made until the aggregate of all pay::ients made on account of the Architects compensation under this Article, but not including any covered by the provisions of Article 4, shall be a sum equal to the rate or rates of commission arising from this agreement, computed upon the final cost of the Project. Payments to the Architect, other than those on'his co,apensat-on, fall due fro.a tf.::e to ti...e as his work is done or as costs are incurred. No deductions shall be made from the Architects' compensation on account of penalty, liquidated damages, or other sums withheld from payments to contractors. 6. INFORMATION FURNISHED BY OWNER The.Owner shall,. so.far.as the work under this Agree.ent may require, furnish the Architect with the following information: A co::plete and accurate survey of the building site, giving the grades and lines of streets, pavements, and adjoining properties; the rights, restrictions, easements, boundaries, and full information as to sewer, -water, gas and electrical service. The Owner is to pay for borings or test pits and for chemical, mechanical, or other tests when required. The Owner shall provide all legal advice and services required for the operation. 7. GENERAL ADMINISTRATION The Architect will.endeavor by general administration of the construction contracts to guard the Owner against defects and deficiencies in the work of contractors, but he does not guarantee the performance of their contracts. The general administration of the Architect is to be distinaliished _8 FEB 11.1965 When authorized by the Owner, a Project Inspector acceptable to both Owner and Architect shall be engaged by the Architect at a salary satisfactory to the Owner and paid by the Owner, upon presentation of the Architects monthly stateaients. 3. PRELIMINARY ESTIMATES When requested to do so the Architect will furnish preli:aina-ry esti-.uates on the cost of the Project,' but he does not guarantee such estimates. 9. CONSTRUCTION COST OF THE PROJECT The construction cost of the Project, as herein referred to, means the cost to the Owner, but such cost shall not include any Architects or Engineers' or special consultants' fees or reiaz- bursements or the cost of a Project Inspector. When labor or material is furnished by the Owner below its market cost, the cost of the work_ shall be computed upon such market cost. 10. OWNERSHIP OF DOCUMENTS Drawings and specifications as instruments of service are the property of the Architect whether the work for which they are made be executed or not, and are not to be used on other work except by agreement with the Architect. 11. SUCCESSORS AND ASSIGNMENTS The Owner and the _Architect, each binds himself, his partners, successors, legal representatives, and assigns to the other party to this Agreement, and to the partners, successors, legal representa�7 tives and assigns of such other party in respect to all covenants of this Agreement. Except as above, neither the Owner nor the Architect shall assign, sublet or transfer his interest in this Agreement without written consent of the other. 12. ARBITRATION Arbitration of all questions in dispute under this Agreement shall be at the choice of either party and shall be in accordance with the provisions, then obtaining, of the Standard Form of Arbitration. Procedure of The American Institute of Architects. This Agreement shall be specifically enforceablE under the prevailing arbitration law and judg,,aent upon the award rendered may be entered in the court of the forum, state or federal, having jurisdiction. The decision of the arbitrators shall be a condition precedent to the right of any legal action. ITEM NO. 13 : 1. The Owner shall pay a fee of six (6%) percent on the Guadalupe,Community Center. 2. The Owner shall pay a fee of two (2%) percent plus three (3) times the cost of drafting necessary to revise the Guadalupe Center plans to conform to the Mae Simmons site or three (3%) percent whichever is the least. ITEM NO. 14: 1. The Architects will provide the necessary site topography. 2. The Architects will provide the Owners with a reproducible set of Plans on linen showing the as -built facilities. 3. The Plans and Specifications for these jobs shall be prepared together but with bids received on each one individually with an alternate for both of the:u to be constructed by the same Contractor. In case the Contract is awarded to one Contractor on his combined low bid, the fees to be paid the Architects is to be based on the low combined Bidders Proposal for each individual structure separately with this individual bid being reduced by one-half of the savings due to combining the bids. 4. The buildings shall be designed on the same basic floor plan and elevation. 5. The Architects will endeavor to design the buildings so their combined cost will not exceed $195,000. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement the day and year first above written. J r !T' Architect /s/ Sanford Whitaker MAX TIDMORE, Mayor Sanford Whitaker /s/ Joe I1. Hall ATTEST: Joe H. Hall Lavenia Lowe, City Secretary -Treasurer 65-24-48-181 Motion by Councilman. Simpson, seconded by Councilman Alderson, -notion carried, Mayor Tidmore (49) and Councilmen Alderson, Kastaian, Si:upson, and Medlock voting Yea, none voting Nay, to approve the price and condition for the sale of the following described property in Wheelock's Second Addition, Coronado Addition, and the Second Installment of Sieber Addition: (a). Lot 1, Block 34, Wheelock's Second Addition to the City of Lubbock from the Urban Renewal Agency of the City of Lubbock to Lula Wiley for $1,300.00. This property is to be developed with a single family dwelling. (b). Lo" 5, Block 58, Wheelock's Second Addition from the Urban Renewal Agency of the City of Lubbock to C. S. Scody for $1,300.00. This property is to be developed with a single famj* ly dwelling. (c). Proposed Lot 1, Block 48, Coronado Addition from the Urban Renewal Agency of the City of Lubbock to Sieber heights Church of Christ for $4,200.00. This property is to be developed with church i:nprove-nents in accordance with the.Urban Renewal Plan. (d). Lot 6A, Block 16, Second Installment of Sieber Addition to the City of Lubbock from the j Urban Renewal Agency to Gary C. Martin for $1,479.40. This property is to be developed 1 with a single family dwelling. (e). Lot 3, Block 60, Wheelock's Second Addition to the City of Lubbock from the Urban Renewal Agency to Eugene Louis Burton for $1,700.00. This property is to be developed with a single family dwelling. ,,65-24-48-182 Motion by Councilman Medlock, seconded by Councili:lan Kastman, motion carried, Mayor Tidmore and U 4 FEB 1 1 i9s5 F 7 F- W" I�Councilmen Alderson, K88ti1M, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance II No. 4627 be passed on first reading. ORDINANCE ORDINANCE NO. 4627 CABLE AN ORDINANCE GRANTING THE LUBBOCK TELEVISION/CO., INC. OF LUBBOCK, TEXAS, THE RIGHT, PRIVILEGE, AND FRANCHISE TO CONDUCT WITHIN.THE CITY OF LUBBOCK, TEXAS, A.CABLE SIGNAL DISTRIBUTION, SYSTEM AND BUSINESS FOR THE DISTRIBUTION OF AUDIO, VIDEO, AND.RADIO SIGNALS AND TO ENTER UPON, ERECT, CONSTRUCT, MAINTAIN, AND EXTEND, REPAIR, REPLACE AND REMOVE IN, UNDER, UPON, WITHIN, OVER, ABOVE, ACROSS AND ALONG ANY AND ALL OF THE PRESENT AND FUTURE PUBLIC ROADS, HIGHWAYS,.STREETS, LANES AND ALLEYS OF THE CITY OF LUB$OCK.A SYSTEM OF POLE LINES, POLES, FACILITIES AND APPURTENANCES NECESSARY.OR PROPER FOR THE RECEIVING,.ORIGINATING, RELAYING AND DISTRIBUTING.AUDIO AND VIDEO SIGNALS AND AUDIO AND TELEVISION ENERGY TO SUBSCRIBERS LOCATED IN.AND ABOUT THE CITY OF LUBBOCK, TEXAS, AS.NOW.EXISTING, OR -AS SAID CITY LIMITS MAY HEREINAFTER BE EXTENDED; PROVIDING THAT.THIS FRANCHISE SHALL BE EFFECTIVE FOR A PERIOD OF TWENTY (20) YEARS COMMENCING UPQN.AtdD EXTENDING FROM THE EFFECTIVE DATE OF THIS ORDINANCE AFTER FINAL PASSAGE AND PUBLICATION HEREOF; PROVIDING FOR THE CONSTRUCTION AND LOCATION OF,CERTAIN EQUIPMENT; PROVIDING AND SETTING CONDITIONS ON STREET OCCUPANCY WITH RESPECT TO USE, RESTORATION, RELOCATION, PLACEMENT.OF FIXTURES, -TEMPORARY REMOVAL OF WIRES, BUILDING MOVING, AND TREE TRIMMING; PROHIBITING -ANY PREFERENTIAL OR DISCRIMINATORY PRACTICES; PROVIDING FOR THE TYPE.OF SERVICE TO BE RENDERED; PROVIDING FOR COMPENSATION TO THE CITY AND METHOD OF PAYMENT FOR THE USE BY COMPANY OF THE STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY; PROVIDING FOR FORFEITURE IN THE EVENT OF FAILURE TO COMPLY WITH CERTAIN PRQVISIONS OF THE FRANCHISE; PROVIDING FOR LIABILITY INSURANCE; PROVIDING FOR THE MAINTENANCE OF RECORDS BY THE COMPANY WITH THE $IGHT_OF INSPECTION BY THE CITY; PROHIBITING ASSIGNMENT EXCEPT UPON APP90VAL OF THE CITY COUNCIL; PROVIDING FOR THE PUBLICATION OF THIS FRANCHISE AND ORDINANCE AND ITS ACCEPTANCE BY COMPANY. 65-24-49-183 Motion by Councilman, Kastman, seconded by Council_an Alderson, *notion carried, Mayor Tidmore and (50) Councilmen Alderson, Kastman, Simpson., and Medlock voting Yea, none voting Nay, to authorize the Mayor to execute the following rental contract for agricultural land between the City of Lubbock and Dwight Thomas for the year 1965. RENTAL CONTRACT THE STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT entered into this 12th day of February, 1965, between the City of Lubbock, a municipality of Lubbock County, Texas, herein called Lessor, and Dwight Thomas herein called Lessee. WITNESSETH: FIRST - Upon the terms and conditions herein. contained, Lessor hereby leases to Lessee for the crop season of the year beginning January 1, 1965 and ending not later than December 31, 1965, the following land and premises, to -wit: BEGINNING at a point which is 4517.02 feet South of the Northwest corner of Section 12, Block A, Lubbock County, Texas; THENCE East 2050.0 feet; THENCE North 600.0 feet; THENCE East 90.8 feet; THENCE North 848.62 feet; THENCE East 100.0 feet; THENCE North 776.73 feet; THENCE West 1300.0 feet; THENCE South 475.33 feet; THENCE West 320 40' 45" South 1115.86 feet; THENCE South 11.50.0 feet to POINT OF BEGINNING. The above described tract of land contains 80.8 acres more or less. SECOND (a) -Lessee agrees to prepare, plant and cultivate all tillable land in the crops and in the proportions set out herein in a farmer -like manner in due time and season; to keep down all noxious weeds and grasses and prevent their seeding and spreading with the same precaution that any prudent farmer would exercise in the care of his own field, and to allow no volunteer crop of any kind to mature on said land. AGREED TO PLANT (b) Lessee agrees that none of the tillable land will be allowed to lie out or be Acres. Crop taken out of production without the consent of Lessor in writing signed by its Cotton City Manager at Lubbock, Texas. Maize (c) Lessee agrees that if he, for any reason., fails to plant any crop or crops, Hegari in due time and season, in the proportion and acreage herein allotted, or if Kaffir planted or replanted and the crop be destroyed by the elements or otherwise Sudan fails to develop a stand which could be reasonably expected to :nature into Cane a profitable crop, such acreage shall revert to Lessor absolutely, unless Corn Lessee notify Lessor in writing as soon as such condition reasonably can Wheat be determined, -and obtains the consent of Lessor to plant such acreage in Oats such crops as may be mutually agreed upon, consent of Lessor to be in Pasture writing signed by its City Manager of Lubbock, Texas. (d) It is further agreed that as the crops are gathered from any of said land during the term of this -lease, Lessee will surrender possession of such portions thereof, so that Lessor or any future tenant may enter upon said land and prepare it for cultivation for the following year; and that no crops which would not ordinarily be harvested before the termination of this lease shall be planted without the consent of the Lessor in writing signed by the City Manager at Lubbock, Texas, and any crops growing on said premises in violation of this provision shall revert to Lessor as its absolute property, tozether with anv plowing or work done by Lessee without the written 0 11965 s 01 THIRD -Lessee agrees to pay Lessor as rent thirty-five per cent (35%) of all the cotton and cotton seed raised on said premises and thirty-five per -cent (35%) of all grain crops, such crops shall be delivered to Lessor in Lubbock or at the nearest shipping point at the request of the City Manager, free of -all charges as herein provided. In addition, the Lessee shall pay to Lessor thirty-five per cent (35%) of all payments received from the United States Government for Lessees participation in United States Government sponsored agricultural programs. FOURTH -Lessee agrees to harvest and conserve Lessors share of the crops in a farmer -like manner; to head, gather and deliver all mature ..iaize, hegari, kaffir and similar grain sorghums, and corn, to Lessor at a place designated by Lessors City Manager; all immature crops of maize, kaffir, hegari, corn, oats and other crops cut and bound but not to be threshed, to be stacked in a farmer -like manner on the premises unless Lessor agrees to take delivery of all or part of such bundled crops in shocks in the field; to harvest wheat and other small grain crops, bear all expenses incident thereto and deliver same to elevator or store -houses designated by Lessor in the nearest town or shipping point on the railroad, free of all charges, and deliver proper receipts therefor in the na=Lie of Lessor to Lessor or its agent; to gather and haul all cotton to the gin at the expense of Lessee and cause same to be ginned, at any gin within the corporate li.aits of the City of Lubbock, the expense of ginning the rent cotton to be paid by Lessor; to apply the rent seed to.cost of ginning the rent cotton and account for any surplus to Lessor; to take proper storage receipts in the name of Lessor covering all rent cotton and cottonseed and deliver such receipts promptly to Lessor or -its agent. FIFTH -Lessee agrees and covenants to keep all fences, windmills, buildings and other improvements in as good condition as they are in at the time of entry, the usual wear and tear and injury or damage by fire not the result of the negligence of Lessee or his agents and the elements or act of God excepted. And if the buildings be destroyed or so damaged that they' cannot be repaired except by substantially rebuilding them Lessor shall be under no obligation to rebuild or repair said buildings. No alterations in the buildings or improvements shall be ria.de and no substantial improvements shall be placed on the premises by Lessee without the written consent of Lessor, it being agreed that any improvements placed thereon contrary hereto shall become the property of Lessor and shall not be removed by Lessee, in whole or in part. SIXTH -Lessor reserves the right to go upon said premises at any time and to survey, lay off countour line, build terraces and drill wells, construct and maintain water and other utility lines, and to make any improvements it sees fit, and should Lessee fail or refuse to properly tend, cultivate and harvest the crops on said land, Lessor shall have the right to enter upon said land and hire sufficient labor for that purpose, the cost of which shall be repaid to Lessor out of the portion of the crops belonging to Lessee. Lessee shall not sublet said premises, or any part thereof, without the written consent -of Lessor, and should Lessee abandon said premises, or sell or attempt to sell any part of the crops before they are matured or harvested, all of his interest in all said crops shall be immediately forfeited to Lessor, and Lessor shall have the right to enter upon and take possession of said premises and handle same in any manner that tuay to it seem right and proper. SEVENTH -Lessee shall not have the privilege of pasturing or selling the stalk or stubble field for pasturage and shall not pasture any of the fields at anytime during the term of this lease except with the written consent of Lessor, and in the event that the stock are found grazing in the fields in violation thereof, it shall be lawful for Lessor or its agent to cancel this lease and to enter said premises and remove all persons therefrom and take possession thereof as liquidated damages, and any claim for damage by virtue of such entry by Lessor is hereby expressly waived by Lessee. EIGHTH -Lessee agrees to give peaceable possession of said property at the termination of this lease in as good condition as reasonable use and wear will permit, it being the absolute intention of this lease that the same shall expire upon the date above determined, and that Lessee shall not attempt to hold over under his lease, or clai-n any renewal, extension or continuance of this lease, unless agreed to in writing and signed by the parties hereto, and no verbal agreement to abro- gate the terms of this cause shall be binding or admissiable-in evidence. NINTH -In case of sale of said premises during the occupancy of Lessee hereunder and purchaser desires possession, Lessee agrees to surrender the sane at once upon.receipt by him of the actual present value of the growing crops, and the refund of the pro rata part of the cash payment for grass land, if any, according to calendar year that has passed, the value to be determined by three disinterested parties, one to be selected by Lessor, one by Lessee and the two to choose a third, and their decision as to value shall be binding. TENTH -If the land covered by this contract be occupied by anyone other than Lessee at the time he is entitled hereunder to enter, and said occupant refuses to deliver possession, then Lessor will use diligence to obtain possession as soon as same can be done, but if Lessor be delayed or defeated in gaining possession, Lessor shall not be liable to Lessee for any damages occasioned by such delay or failure to gain possession. ELEVENTH -Lessee covenants and agrees that Lessee willnot waste the lands hereby leased by dumping trash, debris, junk, or any foreign substance thereon or suffer, permit, allow, or cause the same to be done. TWELFTH -Whenever Lessee herein covenants, or in any manner prOLaises, agrees, or stipulates that Lessee is to do any act or refrain from doing any act, same shall be construed as a covenant and agreement made by Lessee as a condition to this Lease, and in the evert Lessee fails or refuses to keep and perform any such covenant and agreement of this contract in the time and manner herein stated, Lessor shall have the right to declare this contract null and void upon. 15 days written notice given to Lessee by Lessors City Manager and enter and take possession of said land and premises without being guilty of trespass and without prejudice to any other remedy it may have for the collection of its rents or the enforcement of this contract. The failure of Lessor to exercise any right herein granted by reason of failure on part of Lessee to keep or perform any condition, covenant or agreement herein contained shall not be construed as a waiver by Lessor for any subsequent breach of condition, covenant or agreement to be kept and performed by Lessee. THIRTEENTH -It is understood that this lease is :wade subject to all existing easements and all rights under mineral Deeds and Leases heretofore granted or assigned and recorded in the records of said County and subject to the right of LESSOR to develop and explore for oil and gas and other -ina vni q nn gnid lands_ such rights. and the right of ingress and egress over and upon said lands } R ` FF6-11 196! F F 7 and assigns. FOURTEENTH -It is understood that this lease applied only to land in cultivation and does not apply -to land in grass and subject to grazing. All such grass land will be leased as such by separate contract. FIFTEENTH -Except as otherwise provided herein, this contract and all rights, claims and demands.created thereby or resulting therefrom shall be performed at the City Hall of Lubbock, Texas. This contract shall not be binding until approved by the City Council of the City of Lubbock. SIXTEENTH -Lessor is not to contribute in any way to the cost or control of insects or defoliatio WITNESS our hands as of the date first hereinabove written. /s/ Dwight Thomas LESSEE CITY OF LUBBO K, LESSOR ATTEST: ,0 t Lavenia Lowe, City Secretar -Treasurer 65-24-51-184 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (51) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize the Mayor to execute the following instrument -re-appointing Dr. David M. Cowgill as City Health Officer for a two year tern beginning February 1, 1965 and ending January 31, 1967. COPY OF APPOINTMENT CITY HEALTH OFFICER I Max Tidmore, MAYOR, do hereby certify that on llth day of February, 1965, David M. Cowgill M.D., was duly appointed the City Health Officer of Lubbock,.Texas, and his term shall begin on February 1, 1965 and end on January 31, 1967, unless said officer is removed by law. SIGNED TITLE_ MAYOR, CITY OF LUBBOCK,TEXAS j65-24-51-185 Motion by Councilman Simpson, seconded by Councilman Medlock., motion carried, Mayor Tidmore and (54a) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize appointment of W. B. ."Dub" Rushing as Chairman of the Citizens Advisory Committee. 65-24-51-186 kiotion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (61) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize - appointment of Teague., Haynie & Company, Certified Public Accountants, to audit the City's records and accounts for the fiscal year October 1, 1964 through September 30, 1965. 65-24-51-187 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (52) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize appointment of 0. L. Byrd and Richard, B. Dickey as members of the Board of Adjustment -Zoning. Terns are for a period of two years. Mr..Byrd's and Mr. Dickeys terms to expire February 26, 1967. This is a seven member board, other members being:. Louis E. Griffin, R. P. Fuller, Harold Harriger, Roy Middleton, Alternate, and Bill Whitwell, Alternate. 65-24-51-188 Motion by Councilman Medlock, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (53) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize - appointment of Dr. Max Stettner as a member of the City -County Health Board. Terms are for a period of three years.. Dr. Stettner's term to expire February 21, 1968. This is a nine member board, other members being: Dr. A. L. Daniel; Jack Kassahan, Wayne E. Pharr; Dr. Weston Pettey, Arnold Maeker; Dr. R. C. Hollabaugh;.Dr, Stanley H. Jaynes; G. 0. Smith. 65-24-51-189 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (54) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize - appointment of Hoyle G. Moss as a member of the Civil Service Commission. Terms are for a period of three years. Mr. Mosses term to expire January 29, 1968. This is a three member board, other members being: E. G. Pharr and Dr. N. A. Cox. 65-24-51-190 Motion by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (66) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to ratify appointment by the County Co.-anissioners Court of Milton Kirksey as a :ne-nber of the City -County Welfare Board for a three year term to expire December 31, 1967. 65-24-51-191 NOTICE OF CITY COUNCIL HEARING (As published in the Lubbock Avalanche (9) Journal ) _ 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 llth day of February, 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 tine and place all interest 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. 1126-A-Appeal of Floyd J. Halbert to change the East 2 of Lot 8 and all of Lots 9 & 10, Halbert Addition, City of Lubbock, Lubbock County, Texas, from an "R-2" to a "C-4" Zoning District. (South side of 48th Street about 140' West of Avenue Q) The Planning and Zoning Commission recommended to the City Council that t request be -not granted. i 1.1 VPnia T.nmP_ riN[r Q rrof-�ri.- Q FEB 111965 r P5-24-52-192 (10) In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1126-A- Appeal of Floyd J. Halbert to change 2 � lots from "R-2" to "C-4" zoning district, property located on the South side of 48th Street about 140' West of Avenue.Q. '-7r. Morris W. Turner and Mr. Floyd J. Halbert 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 Piedlock vot'_:zg Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Co scission and REJECT this request for change of zone. Lubbock NOTICE OF CITY COUNCIL HEARING (As published in the/Avalanche Journal) 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 llth day of February, 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, atter which hearing, the City Council will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation. ZONE CASE NO. 1206-A-Request of Hugh Anderson (for Campbell H. Elkins, Eula H. Elkins, and Clyde F. Elkins) to change the West 67�' of Lots 1 and 2, Block 13, Overton Addition, City of Lubbock, Lubbock County, Texas, from an "R-3 " Zoning District to an "R-3" District with a Specific Use Permit for Professional Type.Offices under provisions of.Section 14-A.1-10 of the Zoning Ordinance. (South of 13th Street, about 80' West of Avenue R) The Planning and Zoning Commission recommended to the City Council that this request be granted, subject to the following conditions: 1. That the Professional Type Office use be limited to a total of 800 square feet and, 2. That 4 paved off-street parking spaces be provided. ZONE CASE NO. 1268-Request of Carroll Cobb (for Laguna Vista Development Corp.) to change a tract of land out of Section 17, Block B, Lubbock County, Texas, from an "R-1" to an "R-3" Zoning District. Property is further described by metes and bounds to wit:. BEGINNING at a point in the East line of Raleigh Avenue, said point being 630 feet West and 416 feet South of the Northeast Corner of Section 17, Block B, Lubbock County, Texas; THENCE South along the East line of Raleigh Avenue a distance of 1044.52 feet to a point in the north Right-of-way of the P & SF Railroad; THENCE N. 530 51' E. along the North Right-of-way line of the P & SF Railroad a distance of 610.00 feet; THENCE N. 20 28' 19" W. a distance of 685.32 feet; THENCE West a distance of 463.00 feet to the PLACE OF BEGINNING. The above described tract contains 9.544 acres more or less. (East side of Raleigh Avenue about 350' South of 19th Street) The Planning and Zoning Commission recommended to the City Council that this request be granted, subject to the following conditions: 1. That the development be tied to the plan submitted at the hearing, said plan being on file in the office of the Secretary, Planning and Zoning Commission. 2. That approval is subject to solving the drainage problems to the satisfaction of the City Director of Public Works. ZONE CASE NO. 1269-A-Request of Leroy Elmore (for Hicks & Ragland, Engineers) to change a tract of land out of Section 37, Block AK, Lubbock County, Texas, from an "R-l" to a "C-2A" Zoning District limited to office use only., Property is further described.by metes and bounds to wit: BEGINNING at a point 203.8 feet West and 60 feet south of the northeast corner of Section 37, Block AK, Lubbock County, Texas, for the Northeast corner of this tract; THENCE South 100 32' 09" W. 334.71 feet to a corner; THENCE South 332.10 feet to a corner; THENCE South 160 20' East 300.7 feet to a corner; THENCE West 169.78 feet to a corner; THENCE North 15 feet to a corner, the beginning of a curve; THENCE Northwesterly around the arc of a curve to the left having a radius of 160 feet, a distance of 84.96 feet to the end of this curve and the beginning of a curve to the right; THENCE Northwesterly around the arc of a curve to the right having a radius of 383 feet, a distance of 203.39 feet to end of curve; THENCE North 329.66 feet to a point; THENCE Northeasterly around the arc of a curve to the right having a radius of 528 feet, a distance of 251.1 feet to the end of this curve and the beginning of a curve to the left; THENCE Northeasterly around the arc of a curve to the left having a radius of 160 feet, a r Ir nn r__... - FEB 11 ri r— �+ THENCE North 15.0 feet to a corner; THENCE East 144.85 feet to the PLACE OF BEGINNING. CONTAINING 3.5 acres of land. (South side of 34th Street, about 200' West of Frankford Avenue) The Planning and Zoning Commission recommended to the City Council that this request be granted. ZONE CASE NO. 1283-A-Request of Edward W. Napier (for M. A. Scott) to change Lots 1 & 2, Block 6, Gordon Bozeman Addition, City of Lubbock, Lubbock County, Texas, from an "R-l" to a "C-4" Zoning District (On northernmost side of Idalou Road about 350' NE of Loop 289) . The Planning and Zoning Commission recommended to the City Council that this request be granted. ZONE CASE NO. 1289-Appeal of Mel McDougle (for Melmc-Weed Acquisition Corp.) to change Lots 5 and 6, Block 7, Heim Subdivision of.McCrummen Addition, City of Lubbock, Lubbock County, Texas, from an "R-2 " to an "R-3" Zoning District. (East side of Avenue 0, about 175' south of 19th Street) The Planning and Zoning Commission recommended to the City Council that this request be not granted. ZONE CASE NO. 1290-Request of L. L. Hendrix to change Lot 1, Block 2, Burleson -Osborn Heights Addition, City of Lubbock, Lubbock County, Texas, and an adjoining tract of land to the east, from an "R-1 " and "C-3" Zoning District to a "C-4" Zoning District. The adjoining tract of - - land to the East of said Lot 1 is further described by metes and bounds to wit: BEGINNING at a point at the Southeast corner of said Lot 1 and the North right-of-way line of Erskine Street; THENCE East 184.8' to a point; THENCE North 159.75' to a point in the southernmost right-of-way line of Clovis Road; THENCE North 560 55' 20" West 220.6' along said right-of-way line of Clovis Road to the Northeast corner of Lot.l, Block 2, Burleson -Osborn Addition; THENCE South along the East line of said Lot 1, 280.15' to the PLACE OF BEGINNING. (Between Clovis Road and Erskine Street about even with the West line of Boston Avenue) The Planning and Zoning Commission recommended to the City Council that this request be granted, subject to the following condition: That a solid 6' permanent type screening fence be erected and permanently maintained along the south property line with no more than two separate 20' openings with gates. ZONE CASE NO. 1291-Request of Luther Lee Lively to change Lots 19 & 20, Block 70, Overton Addition, City of Lubbock, Lubbock County, Texas, from an "R-2" to an "R-3" Zoning District. (North side of Main Street about k way between Avenues V and W) The Planning and Zoning Commission recommended to the City Council that this request be granted, subject to the following conditions: 1. That construction be limited to an apartment development only. 2. That 1500 square feet -of lot area be provided for each apartment unit. 3. That 2 paved off-street parking spaces be provided for each apartment unit. ZONE CASE NO. 1293-Appeal of Thomas J. Griffith (for A. S. Cavitt) to change a tract of land out of Section 7, Block E-2, Lubbock County, Texas, from an "R-l" to an "R-3" Zoning District. Property is further described.by metes and bounds to wit: BEGINNING at a point 660 feet North of the Southwest corner of Survey 7, Block E-2, Lubbock County, Texas; THENCE East 528 feet, and corner; THENCE North 330 feet, and corner; THENCE West 528 feet, and corner; THENCE South 330 feet to the POINT OF BEGINNING. (East side of Indiana Avenue, about 660' North of 66th Street) The Planning and Zoning Commission recommended to the City Council that this request be not granted. ZONE CASE NO. 1294-Request of William E. Collins (for V. 0. Murray & himself) to change Lots 6, 7, and 8, Block 6, Cowan Subdivision, an addition to the City of Lubbock, Lubbock County, Texas, from an "R-2" to an "R-3 " Zoning District. (NW Corner 18th Street and Orlando Avenue) The Planning and Zoning Commission recommended to the City Council that this request be granted, subject to the following conditions: ' 1. That construction be limited to an apartment development only. 2. That 1500 square feet of lot area be provided for each apartment unit. 3. That 2 paved off-street parking spaces be provided for each apartment unit. 4 EB 111965 I I 0 u 0 Ln 9 "4 g.urn.0 TO U r4 Eve � U O • 1J °cac •�4 m v ov44 a) o a) .4 N $4 -r4 * 'O ca a) a. �+ 444 x o +1 41 a, p w .0 •a to o *A .c ��t4� ­4 ..-+ w a6 a E o 4 -A ua a� +J 0) �E En 41 Il 65-24-54-193 (l0A) ZONE CASE NO. 1295-Request of Moe Terrell (for W. A. Clifford & Mrs. Elvie Ford) to change Lots 22, 23, and 24, Block 58, Overton Addition, City of Lubbock, Lubbock County, Texas, from an "R-2" to an "R-3" Zoning District. (NW Corner loth Street and Avenue U) The Planning and Zoning Commission recommended to the City Council that this request be granted, subject to the following conditions: 1. That construction be limited to an apartment development only. 2. That 1500 square feet of lot area be provided for each apartment unit. 3. That 2 paved off-street parking spaces be provided for each apartment unit. ZONE CASE NO. 1296-Request of J. Orville Smith (for Ran Smith Estate) to change the W. � of Block 81, Roberts and McWhorter Addition, City of Lubbock, Lubbock County, Texas, from an "R-1" to an "M-l" Zoning District (Between Avenues T and.0 and Baylor and Cornell Streets) The Planning and Zoning Commission recommended to the City Council that this request be granted, subject to the following condition: That 37k feet be dedicated along the north property line for CorrA 1 Street La enia Lowe, City Sec etary-Treasurer City of Lubbock, Lubbock County, Texas In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1206-A- Request of Hugh Anderson (for Campbell H. Elkins, Eula H. Elkins, and Clyde F. Elkins) to change property located South of 13th Street about 80' West of Avenue R from "R-3" zoning district to an "R-3" district with a Specific Use Permit for Professional Type Offices under provisions of the zoning ordinance. Hugh Anderson 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 Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 4632 as an emergency measure authorizing the issuance of a Specific Use Permit in Zone Case No. 1206-A. ORDINANCE ORDINANCE NO. 4632 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT IN ZONE CASE NO. 1206-A; DECLARING AN EMERGENCY; AND PROVIDING FOR PUBLICATION. 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. 4633 be passed as an emergency measure. ORDINANCE ORDINANCE N0. 4633 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. 1206-A; DECLARING AN EMERGENCY AND EFFECTIVE DATE OF THIS ORDINANCE. 65-24-54-194 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1268-Request (11) of Carroll Cobb (for Laguna Vista Development Corporation) to change property located on the East side of Raleigh Avenue about 350' South of 19th Street from "R-1" to "R-3" zoning district. Mr. Billy Meeks appeared in support of this zone change request.. The following persons appeared in protest: 1. E. G. Pharr, Attorney, stating that he was representing the following property owners in this area: Mrs. Tom Cadenhead, Mr. John Toles, and Mr, Keeney. 2. John Flygare, Attorney, representing himself.and several other property owners. 3. Mrs. Charles Pitman, Jr. request that if apartments were constructed that they be "luxury" apartments. Mrs. Pitman also requested that the alley be closed. 4. Mr. W. H. Johnston. and Mr. Eubanks appeared as to drainage in the area. 5. Mrs. Mitchell appeared stating that she felt the construction of these apartments at this location would depreciate other property in the area, however, Mrs. Mitchell stated that she was in favor of the alley being closed if apartments are to be constructed. Whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented motion was made by Councilman Simpson, seconded by Councilman Kastman, motion carried, that Ordinance No. 4628 be passed on first reading to change the zone of Zone Case No. 1268 from "R-1" to "R-3" zoning district and to authorize the following revisions in addition to those specified by the Planning and Zoning Commission: Make following revisions to the plot plan which was submitted: a. Turn the alley, adjacent and parallel to the east line of Raleigh Avenue, into the 22nd Place cul-de-sac. b. Turn that portion of the easement, adjacent and parallel to the Panhandle and Santa Fe Railroad from the East property line to the 21st Street cul-de-sac, into the cul-de-sac and erect a fence or barricade to prevent vehicular use of the remaining portion of the easement next to the Railroad. ORDINANCE ORDINANCE NO. 4628 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. 1268: CHANGE A TRACT OF LAND OUT OF SECTION 17, BLOCK B, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO AN "R-3 " ZONING DISTRICT; SUBJECT TO CONDITIONS. 65-24-54-195 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1269A- (12) Request of Leroy Elmore (for Hicks & Ragland, Engineers) to change property from "R-l" to "C-2A" zoning district limited to office use only, located on the South side of 34th Street,.about 200' West of Frankford Avenue. Leroy Elmore 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 ----4-A Me — - TiAmnrc MnA rniinrilman Alderson. Kastman. Simpson, and Medlock voting Yea, none voting 9 ft FEB 11 1965 r F -24-55-196 In Accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1283-A- (13) Request of Edward W. Napier (for M.A. Scott) to change property located on the northernmost side of Idalou Road about 350' Northeast of Loop 289 from "R-l" to "C-4 " zoning district. Edward W. Napier 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 Simpson, 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. 4634 on first reading to change the zone of Zone Case No. 1283-A from "R-1" to "C-4" zoning district. ORDINANCE ORDINANCE NO. 4634 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. 1283-A: CHANGE LOTS 1 & 2, BLOCK 6, GORDON BOZEMAN ADDITION., CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO A "C-4" ZONING DISTRICT. -24-55-197 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1289-Appeal (14) of Mel McDougle (for Melmc-Weed Acquisition Corporation) to change property from "R-2 " to "R-3 " - zoning district located on the East side of Avenue 0, about 175' South of 19th Street. Mel McDougle appeared in support and stated that Melmc-Weed Acquisition Corporation plans to construct three eight unit, two story apartment houses. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented motion was made by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock votingYea, none voting Nay, to REJECT this request for change of zone. As recommended by the Planning and Loning Commission. -24-55-198 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (14a) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to request the Planning and Zoning Board to make a study and recommendation as to future land use and development of land from Avenue L to Avenue Q from 19th Street to 23rd Street. i-24-55-199 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1290- (15) Request of L. L. Hendrix to change property from "R-l" and "C-3" zoning to a "C-4" zoning district located between Clovis Road and Erskine Street about even with the west line of Boston Avenue. Mr. L. L. Hendrix 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 Alderson, 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. 4635 on first reading to change the zone of Zone Case No. 1290 from "R-l" and "C-3" to "C-4" zoning district. ORDINANCE ORDINANCE NO. 4635 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. 1290: CHANGE LOT I,.BLOCK 2, BURLESQN-OSBORN HEIGHTS ADDITION., CITY OF.LUBBOCK, LUBBOCK COUNTY, TEXAS, AND AN ADJOINING TRACT OF LAND TO THE EAST, FROM AN."R-1" AND "C-3" ZONING DISTRICT TO A "C-4" ZONING DISTRICT; SUBJECT TO CONDITION. -24-55-200 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1291-Request (16) of Luther Lee Lively to change property from "R-2" to 11R-3" zoning district located on the North side of Main Street about k way between Avenues V and W. J. Q. Warnick, Attorney, appeared in support of this zone change request and stated that Mr. Lively, whom he represented, wants to build 15 units on this lot. 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 Medlock, 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. 4629 on first reading to change the zone of Zone Case No. 1291 from "R-2" to "R-3" zoning district, the following revisions in the conditions set out by the Planning and Zoning Commission being hereby authorized to be incorporated within the ordinance: 65-24-55-201 (18) That 1000 square feet of lot area be provided for each apartment unit. That 1 and kZ paved off-street parking spaces be provided for each apartment unit. That the development shall consist of one -bedroom apartments only. ORDINANCE ORDINANCE NO. 4629 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. 1291: CHANGE LOTS 19 & 20, BLOCK 70, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "R-3" ZONING DISTRICT: SUBJECT TO THE FOLLOWING CONDITIONS. In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1293-Appeal of Thomas J. Griffith (for A. S. Cavitt) to change property from "R-l" to "R-3 " zoning district located on the East side of Indiana Avenue, about 660' North of 66th Street (between 63rd and 64th Streets). Thomas J. Griffith, Attorney, 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 Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and REJECT this request for change of zone. -24-55-202 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1294-Request (19) of William E. Collins (for V. 0. Murray & himself) to change property from "R-2" to "R-3 " zoning - district located at the Northwest corner of 18th Street and Orlando Avenue. R..B. Meacham 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 Simpson, seconded by Councilman Medlock, 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. 4631 on first reading to change the zone of Zone Case No. 1294 from "R-2" to "R-3" zoning district. ORDINANCE ORDINANCE NO. 4631 FEB 111°65 TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1294: CHANGE LOTS 6, 7, & 8, BLOCK 6, COWAN SUBDIVISION, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "R-3 " ZONING DISTRICT; SUBJECT TO CONDITIONS. 15-24-56-203 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1295-Request (20) of Moe Terrell (for W. A. Clifford & Mrs. Elvie Ford) to change property fro:, "R-2 " to "R-3" zoning district located at the Northwest corner of lOth.Street and Avenue U. Moe Terrell.appeared.in support of this zone change request. W. A. Clifford also appeared in support. The persons appearing in favor of the zone change stated to the City Council that they would like to construct 22 units, two story building with 600 square feet per apartment, 1 kZ parking spaces. 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 Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4630 be passed on first reading to change the zone of Zone Case No. 1295 from "R-2" to "R-3 " zoning district, the following conditions to be included within the ordinance: 1. That construction be limited to an apartment development only. 2. That 1000 square feet of lot area be provided for each apartment unit. 3. That 1 & kZ paved oft -street parking spaces be provided for each apartment unit. 4. The development shall consist of one -bedroom apartments only. ORDINANCE ORDINANCE NO. 4630 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. 1295: CHANGE LOTS 22, 23, AND 24, BLOCK 58, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2 " TO "R-3" ZONING DISTRICT; SUBJECT TO.CONDITIONS: i5-24-56-204 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1296-Request (21) of J. Orville Smith (for Ran Smith Estate) to change property from "R-l" to "M-l" zoning district located between Avenues T and U and Baylor and Cornell Streets. Joe Bourner.appeared in support of this zone change request representing Ran Smith Estate. J. Q. Warnick appeared in protest representing several property owners in this area, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented motion was made by Councilman Simpson,.seconded by Council- man Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to REJECT this request for change of zone. 5-24-56-205 NOTICE OF CITY COUNCIL HEARING (As published in Lubbock Avalanche Journal) (17) 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 llth day of February, 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. 55-24-56-206 (42) 55-24-56-207 (43) ZONE CASE NO. 1292-Appeal of H. H. Whitney (for H. E. Whitney) to change Lots 8 and 9, Block-2, S. W. McGaw Addition, City of Lubbock, Lubbock County, Texas, from an "R-2 " to a "C-3 " Zoning District. (NE Corner Quirt Avenue and East 14th Street) The Planning and Zoning Commission recommended to the City Council t t this regt be not granted. Uvenia Lowe, City Secretary -Treasurer City of Lubbock, Lubbock County, Texas In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1292-Appeal of H. H. Whitney (for H. E. Whitney) to change property from "R-2" to "C-3" zoning district located at the Northeast corner of Quirt Avenue and East 14th Street. H..H. Whitney appeared in support of this zone change request and stated that he would accept "R-3" zoning instead of "C-3". No person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented motion was made by Councilman Kastman, seconded by Councilman 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 REJECT this request for change of zone. Motion by Councilman Simpson, seconded Councilmen Alderson, Kastman, Simpson, No. 4636 be passed on first reading. by Councilman Kastman, motion carried, Mayor Tidmore and and Medlock voting Yea, none voting Nay, that Ordinance ORDINANCE ORDINANCE NO. 4636 AN ORDINANCE ABANDONING AND &LOSING THAT PART OF SALEM AVENUE FROM 60TH TO 62ND AS MORE PARTICULARLY DESCRIBED.IN THE BODY -OF THIS ORDINANCE AND -DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SAID PROPERTY. Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4637 be passed on first reading. ORDINANCE ORDINANCE N0. 4637 AN ORDINANCE ABANDONING AND CLOSING THAT PART OF 2ND STREET FROM THE CLOVIS ROAD TO AVENUE R AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SAID PROPERTY. 55-24-56-208 Motion by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (44) Councilmen Alderson, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4638 be passed on first reading. Councilman Kastman abstained from voting on this item. ORDINANCE ORDINANCE NO. 4638 AM nDnTMAMr7 ARAMMMM2 AND (MORTNr, THE PART OF 66TH STREET WHICH LIES BETWEEN JOLIET AVENUE AND 5 FEB 111965 r r F. 1 64TH DRIVE AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SAID PROPERTY. 65-24-57-209 Motion by Councilman Medlock, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (45) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. _ 4639 be passed on first reading. ORDINANCE ORDINANCE NO. 4639 AN ORDINANCE ABANDONING AND CLOSING THAT PART OF 18TH STREET BETWEEN AVENUE T AND AVENUE U AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF -THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SAID PROPERTY. 65-24-57-210 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (46) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4620 be passed on first reading. ORDINANCE ORDINANCE NO. 4620 AN ORDINANCE ABANDONING AND CLOSING THE PART OF NORTH AVENUE V THAT EXTENDS 100.0 FEET NORTH FROM THE NORTH LINE OF ERSKINE STREET, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY.OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SAID PROPERTY. -24-57-211 Olin Summers appeared before the City Council and requested that Zone Case No. 1187, being Ordinance (22) No. 4284, be passed on second and final reading on Lots 2 and 33, Block 3, Suburban Homes Addition, provided he paves the alley adjacent thereto or puts money in escrow to do so. (This zone change request was passed on first reading by the City Council January 9, 1964 and held on second reading pending paving of any single block.) Motion 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. 4284 be passed on second and final reading. (For changes authorized in said ordinance by the City Council on this date, February 11, 1965, see Ordinance No. 4284.) ORDINANCE ORDINANCE NO. 4284 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. 1187, CHANGE LOT 2, BLOCK 3, SUBURBAN HOMES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO A "C-4 " ZONING.DISTRICT; SUBJECT TO THE FOLLOWING CONDITION: i5-24-57-212 Ordinance No. 4313, having been TABLED by the City Council on February 13, 1964, was again brought (22a) to the attention of the City Council for consideration as to passage on second reading. 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. 4313 be passed on second and final reading. ORDINANCE. ORDINANCE NO. 4313 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. 1201: CHANGE LOT 3,. BLOCK 3, SUBURBAN HOMES -ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO A "C-4 " ZONING DISTRICT; SUBJECT TO CONDITION._ 55-24-57-213 Motion by Councilman Alderson, seconded by Councilman Simpson, :.otion carried, Mayor Tidmore and' (40) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, no:,e voting Nay, that the following Resolution be passed. RESOLUTION . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement with L. L. Hendrix attached herewith which shall be spread upon the minutes of the Council and as spread upon the ainutes 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 llth day of February, 1965. MAX TI ��ORE, l�iayor ATTEST �� � Lavenia Lowe, City Secret,*y-Treasurer AGREEHENT THE STATE OF TEXAS COUNTY OF LUBBOCK This agreement entered into on this llth day of February, 1965, by and between the City of Lubbock, a Home Rule Municipal Corporation in the County of Lubbock, Texas, and L. L. Hendrix; WITNESSETH: THAT in consideration of the conveyance by L. L. Hendrix to the City of Lubbock of all those parcels of land out of Lot 20, Block 2; Lots 1 and 20, Block 3; Lots 1 and 20, Block 4; all in Sylvan Dell Heights Addition to the City of Lubbock,.Lubbock County, Texas, more fully described as follows: Lot 20, Block 2, Sylvan Dell Heights Addition: BEGINNING at the SE corner of Lot 20, Block 2, Sylvan Dell Heights Addition; THENCE North a distance of 130.0 feet to the NE corner of said Lot 20; THENCE West a distance of 15.0 feet to a point; :B 11 i955 , THENCE South a distance of 115.0 feet to a point, said point being the beginning of a curve to the right; THENCE along said curve to the right, said curve having a radius of 15.0 feet, a distance of 23.56 feet to a point in the South line of said lot 20, Block 2, said point being the end of said - curve; THENCE East a distance of 30.0 feet to the POINT OF BEGINNING. Lot 1, Block 3, Sylvan Dell Heights Addition; BEGINNING at the NE corner of Lot 1, Block 3, Sylvan Dell Heights Addition; THENCE South a distance of 130.0 feet to the SE corner of said Lot 1; THENCE West a distance of 15.0 feet to a point; THENCE North a distance of 115.0 feet to a point, said point being the beginning of a curve to the left; THENCE along said curve to the left, said curve having a radius of 15.0 feet, a distance of 23.56 feet to a point in the North line -of said lot 1, said point being the end of said curve; THENCE East a distance of 30.0 feet to the POINT OF BEGINNING. Lot 20, Block 3, Sylvan Dell Heights Addition: BEGINNING at the SE corner of Lot 20, Block 3,- Sylvan Dell Heights Addition; THENCE North a distance of 130.0 feet to the NE corner of said Lot 20; THENCE West a distance of 15.0 feet to a point; THENCE South a distance of 115.0 feet to a point, said point being the beginning of a curve to the right; THENCE along said curve to the right, said curve having a radius of 15.0 feet, a distance of 23.56 feet to a point in the South line of said Lot 20, said point being the end of said curve; THENCE East a distance of 30.0 feet to the POINT OF BEGINNING. Lot 1, Block 4, Sylvan Dell Heights Addition: BEGINNING at the NE corner of Lot 1, Block 4, Sylvan Dell Heights Addition; THENCE South a distance of 130.0 feet to the SE corner of said Lot 1; THENCE West a distance of 15.0 feet to a point; THENCE North a distance of 115.0 feet to a point, said point being the beginning of a curve to the left; THENCE along said curve to the left, said curve having a radius of 15.0 feet, a distance of 23.56 feet to a point in the North line of said Lot 1, said point being the end of saLd carve; THENCE East a distance of 30.0 feet to the POINT OF BEGINNING. Lot 20, Block 4, Sylvan Dell Heights Addition; BEGINNING at the SE corner of Lot 20, Block 4, Sylvan Dell Heights Addition; THENCE North a distance of 130.0 feet to the NE corner of said Lot 20; THENCE West a distance of 15.0 feet to a point; THENCE South a distance of 115.0 feet to a point, said point being the beginning of a curve to the right; THENCE along said curve to the right, said curve having a radius of 15.0 feet, a distance of r-- 23.56 feet to a point in the South line of said Lot 20, said point being the end of said curve; THENCE East a distance of 30.0 feet to the POINT OF BEGINNING. The City of Lubbock agrees that upon conveyance of the above described tract of land to the City of Lubbock by general warranty deed that no assessment shall be levied upon Lot 20, Block 2; Lots 1 and 20, Block 3, Lots 1 and 20, Block 4, all in Sylvan Dell Heights Addition to the City of Lubbock, abutting the property hereby conveyed for any portion of the paving, curb and gutter r costs for the paving of Quaker Avenue, GWO 10460, the contract for said paving having been entered into between the City of Lubbock and Kerr Paving Company, on January 28, 1965, L. L. Hendrix agrees that he will convey the above described tract of land for the above described consideration, and it is understood that this agreement does not cover any other paving, curb or gutter costs hereafter assessed. WITNESS OUR HANDS this llth day of February, 1965. CII Y UBBOCK B MAX TIDMORE, Mayor ATTEST: l Lavenia Lo e, City Secretary -Treasurer L. L. HENDRIX FEB 111965 r r F 65-24-59-214 Motion by Councilman Alderson, seconded by Councilman Simpson, ;lotion carried, Mayor Tidmore and (40a) 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 an agreement with J. C. McKinzie 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 llth day of February, 1965. ' MAX TIDMORE, Mayor ATTEST: Lavenia Lo e, City Sec etary- reasurer AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK This agreement entered into on this llth day of February, 1965, by and between the City of Lubbock, a Home Rule Municipal Corporation in the County of Lubbock, Texas, and J. C. McKinzie; WITNESSETH: THAT in consideration of the conveyance by J. C. McKinzie to the City of Lubbock of all that certain parcel of land out of Lot 1, Block 8,.Southwest Acres Addition to the City of Lubbock, Lubbock County, Texas, more fully described as follows: BEGINNING at the Northeast corner of said Lot 1, Block 8, Southwest Acres Addition; THENCE South a distance of 132.5 feet to the Southeast corner of said Lot; THENCE West a distance of 15.0 feet to a point; THENCE North a distance of 117.5 feet to a point, said point being the beginning of a curve to the left; THENCE Northwesterly along said curve to the left, said curve having a radius of 15.0 feet, a distance of 23.56 feet to a point in the North line of said Lot 1, said point being the end of said curve; THENCE East a distance of 30.0 feet to the POINT OF BEGINNING. The City of Lubbock agrees that upon conveyance of the above described tract of land to the City of Lubbock by general warranty deed that no assessment shall be levied upon Lot One (1), Block Eight (8), Southwest Acres Addition to the City of Lubbock., abutting the property hereby conveyed for any portion of the paving, curb and gutter costs for the paving of Quaker Avenue, GWO 10460, the contract for said paving having been entered into between the City of Lubbock and Kerr Paving Company on January 28, 1965. J. C. McKinzie agrees that he will convey the above described tract of land for the above described consideration, and it is understood that this agreement does not cover any other paving, curb or gutter costs hereafter assessed. WITNESS OUR HANDS this llth day of February, 1965. CITY OF LUBBOCK r Mkk TIDMO ; bfaydi`' ATTEST Lavenia Lowe, City Secretary J. C. McKINZIE 65-24-59-215 Motion by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (40b) 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 an -agreement with G. C. Hodge, G. F. Hodge and R. E. Hodge concerning Lot 12, Block 4, Southwest Acres Addition to the City of Lubbock, Lubbock County, Texas, 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 llth day of February, 1965. ATTEST: I zxx; Lavenia Lowe, City Secretary -Treasurer AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK 0 r/1--1t� Max Tidmore, Mayor This agreement entered into on this llth day of February, 1965, by and between the City of Lubbock, a Home Rule Municipal Corporation in the County of Lubbock, Texas, and G. C. Hodge, G. F. Hodge and R. E. Hodge; :B 111965 WITNESSETH: THAT in consideration of the conveyance by G. C. Hodge, G. F. Hodge, and R. E. Hodge to the City of Lubbock of all that certain parcel of land out of Lot 12, Block 4, Southwest Acres Addition to the City of Lubbock, Lubbock County, Texas, more fully described as follows: BEGINNING at the Southeast corner of said Lot 12, Block 4, Southwest Acres Addition; THENCE North a distance of 132.5 feet to the Northeast corner of said Lot; THENCE West a distance of 15.0 feet to a point; THENCE South a distance of 117.5 feet to a point, said point being the beginning of a curve to the right; THENCE Southwesterly along said curve to the right, said curve having a radius of 15.0 feet, a distance of 23.56 feet to a point in the South line of said Lot 12, said point being the end of said curve; THENCE East a distance of 30.0 feet to the POINT OF BEGINNING. The City of Lubbock agrees that upon conveyance of the above described tract of land to the City of Lubbock by general warranty deed that no assessment shall be levied upon Lot Twelve (12), Block Four (4), Southwest Acres Addition to the City of Lubbock, abutting the property hereby conveyed for any portion of the paving, curb and gutter costs for the paving of Quaker Avenue, GWO 10460, the contract for said paving having been entered into between the City of Lubbock and Kerr Paving Company on January 28, 1965. G. C. Hodge, G. F. Hodge, and R. E. Hodge agree that they will convey the above described tract of land for the above described consideration, and it is understood that this agreement does not cover any other paving, curb or gutter costs hereafter assessed. WITNESS OUR HANDS this llth day of February, 1965. CIT F BOC�� BY, AAR TfDMOIC, Mayor ATTEST: Laveni Lowe, City ecreta y-Treasurer G. C. HODGE G. F. HODGE R. E. HODGE NO FURTHER BUSINESS COMING UP FOR CONSIDERATION THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, FEBRUARY 11, 1965. ATTEST* Lav is Lowe, Cit Secretary -Treasurer READ AND APPROVED THIS THE 25th DAY OF February , 1965. ATTE La enia Lowe, Cit Secretary -Treasurer , mayor MAX TIDMQRE, Mayor Ll Li