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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/27/1965_A.7 r ►w MAY 271965 I �i i165-24-192-553 (1) '65-24-192-554 (2) 65-24-192-555 (3 ) May 27, 1965 Lubbock, Texas REGULAR 14EETING: 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 Tidmore and Councilmen W. E. Alderson, Jack Kastman, Rolan Simpson, and W. E. Medlock, City Attorney Fred 0. Senter, Jr., City Manager William J. Pitstick, Jr. Absent: City Secretary -Treasurer Lavenia Lowe. Invocation was given by Councilman Simpson. Motion by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to approve Minutes of City Council - Regular Meeting Held May 13, 1965. 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. 4689 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4639 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 Improvement Fund The sum $10,885.57 For the following purpose: Install water lines ahead of paving at the following location: Gary Avenue from Emory Street to Baylor Street $ 7,725.36 Erskine Street at Detroit Avenue 432.96 Elgin Avenue between 1st Street & 1st Place 613.10 50th Street between Slide Road & Belmont Avenue 2,114.15- $10,885.57 65-24-192-556 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. 4693 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4693 I 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 $8,331.00 For the following purpose: To furnish materials and construct; (1). 230 foot drainage channel at 24th Street and Peoria Avenue 266.67 square yards of concrete, 156 feet of 4" pipe plus labor and Engineering $1,477.29 (2). 650 foot drainage channel at 28th Street and Quaker Avenue 722.22 square yards of concrete, 30 C.Y. of concrete, 7300 S.F. of wire mesh, 3000 C.Y. of dirt work plus Engineering 6,353.71 (3). 10 foot inlet at 24th Street and Oxford Avenue 500.00 $8,331.00 65-24-192-557 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (5) Council -,;.en Alderson, Kastntan, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4694 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4694 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement i Funds-- _-- . 19,13 MAY 27M The sum $13,719.98 For the following purpose: Utility Adjustment U-3798 covering adjustment of Pioneer Natural Gas Company facilities at Loop 289 and Frank£ord Avenue at the Brownfield Highway. Charge to GWO 10058. 65-24-193-558 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. 4695 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4695 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. 867-A: CHANGE A TRACT OF LAND OUT OF SECTION 3, BLOCK A, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO A "C-4" ZONING DISTRICT. 65-24-193-559 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. 4698 be passed on second and final reading. ORDINANCE ORDINANCE N0. 4698 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. 1314: CHANGE A TRACT OF LAND OUT OF BLOCK 22, SUBURBAN HOMES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "R-3" ZONING DISTRICT; SUBJECT TO CONDITIONS. . 65-24-193-560 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (9) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4699 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4699 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. 1315: CHANGE LOT 3, BLOCK 2, MYRTLE SLATON ADDI- TION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN "R-2" ZONING DISTRICT; SUBJECT TO CONDITION. 65-24-193-561 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (10) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4700 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4700 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. 1316: CHANGE THE WEST 25' OF THE WEST 173' OF THE EAST 300' OF THE NORTH ONE HALF OF BLOCK 3, A. J. COLEMAN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO A "C-4" ZONING DISTRICT. 65-24-193-562 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (11) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4701 be passed on second and final reading. ORDINANCE ORDINANCE N0. 4701 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. 1318: CHANGE THE WEST 150' OF BLOCK 2, A. J. COLEMAN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN "R-3" ZONING DISTRICT: 65-24-193-563 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. 4703 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4703 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Fund The sum $16,000.00 For the following purpose: For the additional funds required to supplement GWO 10058 and complete the acquisition of right of way and utility adjustments for Loop 289. 65-24-193-564 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (26) Councilmen Alderson, Kastman, S-mpson, and Medlock voting Yea., none voting Nay, that the following Resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Lots 712 thru 769, Pleasant Ridge Addition WHEREAS, the developers of Lots 712 thru 769, Pleasant Ridge Addition have complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer — -- improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, 194 MAY 2 715 WHEREAS, the total utility cost to the developer is $18,412.06 with the improvements constructed by Hemphill Contracting Company having a value of $14,526.67 as determined by the unit prices established by said Chapter 34, and $3,885.39 cash (engineering, wit -tie-ins, paving repair, dif- ference in Pro Rata and actual cost) -paid to the City, with Sunset Lumber Company, the developer, to receive a refund of $4,021.18 in accordance with Chapter 34 of the Code of the City of Lubbock. WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That refund of the refundable cost in the amount of $4,021.13 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 27TH DAY OF MAY, 1965. ` Max Tidmore, Mayor Attested: ZZ161 Lavenia Lowe, City Secretary Approved: John T. Hickerson, City Engineer Approved: Fred 0. Senter, Jr., City Attorney 65-24-194-565 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (27) Councilmen Alderson, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. Councilman Kastman abstained from voting on this item. RESOLUTION Resolution accepting water and sewer system improvements for Lots 271 thru 322, Melonie Park Addition WHEREAS, the developers of Lots 271 thru 322, Melonie Park Addition have complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $15,558.71 with the improvements con- structed by the Panhandle Construction Company having a value of $9,840.06 as determined by the unit prices established by said Chapter 34, and $5,918.11 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City, with Kastman Development Co., the developer, to receive a refund of deposit in the amount of $199.46 and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That a refund of deposit be made in the amount of $199.46. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS_...22,TH DAY OF MAY, 1965. .�r/' �/1�-3 A Max Tidmore, Mayor Attested:�64r /rO&Y— Lavenia Lowe, City Secretary Approved: John T. Hickerson, City Engineer Approved: Fred 0. Senter, Jr., City Attorney 65-24-194-566 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (28) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4705 be passed as an emergency measure. ORDINANCE ORDINANCE NO. 4705 4 AN ORDINANCE AMENDING SECTION 34-15 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS TO PROVIDE FOR THE INCREASE OF FEES FOR WATER TAPS LESS THAN ONE INCH FROM $17.50 TO $25.00 AND PROVTDTNG FOR AN EMERGENCY. I r, MgY2 y roe= 65-24-195-567 (29) w Motion by Councilman Medlock, seconded by Councilman Simpson, motion carried, Mayor Tidmore and 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 contract between the City of Lubbock and the Urban Renewal Agency for the purchase of a tract of land for use as an electric substation site 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. CONTRACT WITH PRIVATE REDEVELOPER FOR LAND DISPOSITION I. BACKGROUND AND DEFINITIONS OF THE AGREEMENT This Agreement relates to the following: A. Parties: 1. The Urban Renewal Agency of.the City of Lubbock, herein sometimes called the "Agency". 2. City of Lubbock, herein sometimes called the "Redeveloper". B. Documents: The Urban Renewal Plan for the Coronado Urban Renewal Project as revised, August 31, 1960, on file at the office of the City Secretary -Treasurer of the City of Lubbock, and all amendments thereto, herein sometimes called the "Plan", which was approved by the City of Lubbock, herein sometimes called the "City", be resolution.passed and adopted on the 23rd day of March, 1961, notice of which Plan was filed for record on the 16th day of October, 1961, in Volume 862, Page 127, Deed Records of Lubbock County, Texas. C. Real Estate: 1. The area which is being redeveloped and is designated in the Plan, herein sometimes called the "Project Area". . 2. The description of the property to be purchased by the Redeveloper is contained in Exhibit A, which is attached hereto and made a part hereof, herein sometimes called the "Property". D. Selling Price 1. $5,641.33, herein sometimes called the "Price". E. Other Definitions: 1. IMPROVEMENTS: Improvements to be constructed upon the Property by the Redeveloper, herein sometimes called the "Improvements". 2. DEED: The instrument of conveyance of the Property, herein sometimes called the "Deed".. II. MAIN BODY OF THE AGREEMENT A. In connection with the Deed and the Deposit the Agency and the Redeveloper agree to the following: 1. Upon the payment by the Redeveloper of the Price in cash, the Agency will convey the Property by general warranty deed to the Redeveloper. a. The Deed shall contain agreements and covenants running with the land that the Redeveloper shall: (1) Comply with the applicable restrictions as set forth in the Plan (2) Not discriminate upon the basis of race, creed, color or national origin in the sale, lease, or rental or in the use or occupancy of the property or any improvements erected or to be erected thereon, or any part thereof. (3) Construct on the Property the following improvements: Electrical Substation b. The provisions and covenants of this Agreement shall not be merged and shall survive delivery of the Deed. c. The Covenant in Item II, A.1. a(2) above shall remain in effect without limitations as to time. d. Agency and United States Rights to Enforce. In amplification, and not in restric- tion of, the provisions of all of, the provisions of all of the preceding part of Section II, it is intended and agreed that the Agency and its successors and assigns shall be deemed benificiaries of the agreements and covenants provided in said Section II hereof, and the United States shall be deemed a benificiary of the covenant provided in subdivision 1 a(2) of Section II hereof, both for and in their or its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose benifit such agreements, and covenants have been provided. Such agreements and covenants shall (and the Deed shall so state). 19 run in favor of the Agency and the United States for the entire period during which such agree- ments and covenants shall be in force and effect, without regard to whether the Agency or the United States has at any time been, remains, or is an owner of any land or interest therein to or in facor of which such agreements and covenants relate. Tre Agency shall have the right, in the evert of any breach of any such agreement or covenant, and the United States shall have the right in the event of any breach of the covenant provided in subdivision 1 a(2) of Section II hereof, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other benificiaries of such agreement or covenant may be entitled. B. The Agency agrees to the following: 1. If the Property requires replatting in order to conform to the Plan, the Agency will have the Property surveyed, a replat and replat dedication instrument made, and such replat and instrument properly recorded in the County Deed Records - all in accordance with the needs of the Redeveloper for his proposed redevelopment. The Redeveloper will pay the Agency the actual cost of such replatting and filing at the time of conveyance of the Property to the Redeveloper. 2. The Agency will furnish abstracts of title and/or title policies to the property to a current date and will convey good and merchantable title free and clear of any and all en- cumbrances except those named herein. The redeveloper agrees within 15 days from the receipt ` of said abstracts and/or title policies either to accept the title as shown by said abstracts and/ or title policies or to return them to the Agency with written objections to the title. If the abstracts and/or title policies are not returned to the agency with written objections noted with- in the time specified, it shall be construed as an acceptance of title. If any title objections are made,. then the Agency shall have a reasonable time to cure said objections and show good and merchantable title. 3. The Agency will deliver a good and sufficient General Warranty Deed on the day of , 19 , or on such earlier date as shall be mutually agreeable to the Re- developer and the Agency, properly conveying said property to said Redeveloper and Redeveloper agrees, when said Deed is presented, to pay the price herein provided. 4. The Agency shall prepare the Property for redevelopment in accordance with the Plan. The preparation of the Property for redevelopment may, upon the request of or with the consent of the Redeveloper be performed after conveyance and coordinated with the work of the Redeveloper, provided that such timing will not increasethe cost of the Agency or the project and that any structures, paving or other facilities lefttemporarily in place will be used by the Redeveloper only in connection with the Redevelopers construction of improvements•on the Property, and if left for the convenience of the Redeveloper, will be removed at the Expense of the Redeveloper. Such preparation by the Agency shall include: a. The demolition and removal to grade of all existing buildings, structures, and obstructions on the Property, including the removal of any debris resulting from such demolition; b. The removal (by the Agency or by appropriate public bodies or public utility com- panies) of all paving (including curbs and gutters), sidewalks, and utility lines, installations, facilities, and related equipment, within or on the Property which are to be eliminated or removed pursuant to the Plan;) c. Such filling and grading and leveling of the land (but not including top soil or landscaping as shall be necessary to make it ready for construction of the improvements to be made thereon by the Redeveloper (it being intended that such filling, grading, and leveling conform generally to the respective surface elevations of the land prior to the demolition of the buildings and structures thereon.) All expenses (including current taxes, if any) relating to buildings or structures demolished or to be demolished shall be borne by, and any income or salvage received from such buildings or structures shall belong to the Agency. d. The paving and improving (by the Agency itself or by the City) in accordance with the usual technical specifications and standards of the City, of such streets (including the installations of gutters, curbs, and catchbasins and the removal of trees and shrubs), and the street lighting, in such rights -of -way, as are to be provided pursuant to the Plan; e. The installations and relocation (by the Agency itself or by appropriate public bodies or public utility companies) or such sewers, drains, water and gas distribution lines, and electric, telephone and telegraph installations (exclusive in each case of house or building service lines,) as are to be installed or relocated pursuant to the Plan; and w f. The vacating of present streets, alleys, other public rights -of -way, and plats, and the dedications of new streets, alleys, and other public rights -of -way, in the Project area, and the re -zoning of such area, in accordance with the Plan; Provided, that the Redeveloper will, upon request by the Agency, suhscribe to and join with the Agency in any petitions and proceedings required for such vacations, dedications and re -zoning. 5. After completion of construction of the improvements in accordance with the Plan, the Agency shall promptly furnish the Redeveloper with an appropriate certification of such completion. C. The Redeveloper agrees to the following: 1. The Redeveloper shall pay the Price for the Property, in cash to the Agency. 2. The Redeveloper shall construct the improvements in accordance with the Plan. D. The Agency and the Redeveloper do hereby agree to the following: 1. The Agency, the Redeveloper, and their authorized representatives shall have access to the Property at all reasonable times to carry out the purposes of this Agreement. 197 MAY 2 7 Q6 2. Any novice or communication provided for under this Agreement shall be suffic-ent if =ade by rezistered mail: a. To the Redeveloper at 916 Texas Avenue, Lubbock, Texas b. To the Agency at 907 Texas Avenue, Lubbock, Texas 3. Each and every reference to parties named in this Agreement shall also refer to and in - elude all assigns, transferees, successors in interest- and heirs, executors and ad inistrators Of such parties as if theu were described in this Agreement. 4. All of the provisions, covenants, conditions and obligations oL this Agreement shall be binding upon and shall extend to all of the successors, assigns, transferees, heirs, executors and administrators and any -_ortga-ees to the extent of their right, title and interest in the Property, who :-.iay succeed to the interest of the Redeveloper of all or any part of the right, title, and interest of the parties to this Agreement, unless otherwise provided. 5. No me..:ber, official or employee, o- the Agency shall have any personal interest, direct or indirect, in this Agreement, nor shall any such Lre::ber, official, or employee participate in any decision relating to this Agreement which affects his personal interest or the interests of any corporation, partnership, or association in which he is, directly or indirectly interested. No ,::ember, official or e-~ployee of the Agency shall be personally liable to the Redeveloper or any successor in interest in the event of any default or breach by the Agency or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of this Agree- .:.e n t . IN WITNESS WHEREOF, this Agreement has been duly executed in 1 original and 5 copies on the day of 19 URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS BY: CHAIRMAN (SEAL) ATTEST: SECRETARY ATTEST: Lavenia Lowe, City Secretary FORM APPROVED: Fred 0. Senter, Jr., City Attorney EXHIBIT A CITY O�K OC� BY: )4v/ REDEVELOPER MAX TIDMORE, Mayor LOT 1, BLOCK 36 CORONADO ADDITION TO THE CITY OF LUBBOCK LUBBOCK COUNTY, TEXAS Disposition. Parcel Number 35-2, East 140 feet of the West 201.36 feet 65-24-197-568 Motion by Councilman Alderson, seconded by Councilman Kastman, =,.otion carried, Mayor Tidmore and (30) 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 LU53OCK: THAT the Mayor of the City of Lu:3bock be and is hereby authorized and direcLed to execute for and on behalf of the City of Lubbock a contract between the City of Lubbock and the Urban Renewal Agency 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 ii fully co iepd---.� herein in detail. Passed by the City Council this 27th day of May, 1965. ATTEST: Lavenia Lowe, Cicy Secretar -Treasurer FORM APPROVED: Fred 0. Senter, Jr., City Attorney CONTRACT WITH PRIVATE REDEVELOPER FOR LAND DISPOSITION . MAX TIDMORE, Mayor I. BACKGROUND AND DEFINITIONS OF THE AGREEMENT This Agreement relates to the following: 1()s MAY 2 7 INS A. Parties 1. The Urban Renewal Agency of the City of Lubbock, herein sometimes called the "Agency". 2. City of Lubbock, herein sometimes called the "Redeveloper". B. Documents: The Urban Renewal Plan for the Coronado Urban Renewal Project as revised, August 31, 1960, on file at the office of the City Secretary -Treasurer of the City of Lubbock, and all amendments there- to, herein sometimes called the "Plan", which was approved by the City of Lubbock, herein sometimes called the "City", by resolution.passed and adopted on the 23rd day of March, 1961, notice of which Plan was filed for record.on the 16th day of October, 1961, its Volume 862, Page 127, Deed Records of Lubbock County, Texas. C. Real Estate: 1. The area which is being redeveloped and is designated in the Plan , herein sometimes called the "Project Area". 2. The description of the property to be purchased by the Redeveloper is contained in Exhibit A A, which is attached hereto and made a part hereof, herein so:;jeti:r.es called the "Property". D. Selling Price: 1. $100.00, herein sometimes called the "Price". E. Other Definitions: 1. IMPROVEMENTS: Improvements to be constructed upon the Property by the Redeveloper, herein sometimes called the "Improvements". 2. DEED: The instrument of conveyance of the Property, herein sometimes called the "Deed". II. MAIN BODY OF THE AGREEMENT A. In connection with the Deed and the Deposit the Agency and the Redeveloper agree to the following: 1. Upon the payment by the Redeveloper of the Price in cash, the Agency will convey the Pro- perty by general warranty deed to the Redeveloper. a. The Deed shall contain agreements and covenants running with the land that the Re- developer shall: (1) Comply with the applicable restrictions as set forth in the Plan. (2) Not discriminate upon the basis of race, creed, color or national origin in the sale, lease, or rental or in the use or occupancy of the property or any improvements erected or to be erected thereon, or any part thereof. (3) Construct on the Property the following improvements: Water Well douse b. The provisions and covenants of this Agreement shall not be merged and shall survive delivery of the Deed. c. The Covenant in Item II, A. 1. a(2) above shall remain in effect without limitations as to time. d. Agency and United States Rights to Enforce. In amplification, and not in restriction of, the provisions of all of the preceding part of Section II, it is intended and agreed that the Agency and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in said Section II hereof, and the United States shall be deemed a beneficiary of the covenant provided in subdivision 1 a(2) of Section II hereof, both for and in their or its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose benefit such agreements and covenants have been provided. Such agreements and covenants shall (and the Deed shall so state) run in favor of the Agency and the United States for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether the Agency or the United States has at any time been, remains, or is an owner of any land or interest therein to or in favor of which such agree- ments and covenants relate. The Agency shall have the right, in the event of any breach of any such agreeffient or covenant, and the United States shall have the right in the event of any breach of the covenant provided in subdivision 1 a(2) of Section II, hereof, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement of covenant may be entitled. B. The Agency agrees to the following: 6. r. 1. If the Property requires replatting in order to conform to the Plan, the Agency will have the Property surveyed, a replat and replat dedication instrument made, and such replat and instru- _ ::ent properly recorded in the County Deed Records - all in accordance with the needs of the Re- developer for his proposed redevelopment. The Redeveloper will pay the Agency the actual cost of such replatting and filing at the time of conveyance of the Property to the Redeveloper. 2. The Agency will furnish abstracts of title and/or title policies to the property to a current date and will convey good and merchantable title free and clear of any and all encumbrances except those names herein. The Redeveloper agrees within 15 days from the receipt of said abstracts and/or title policies either to accept the title as shown by said abstracts and/or title policies or to return them to the Agency with written objections to the title. If the abstracts and/or title policies are not returned to the Agency with written objections noted within the time specified, it shall be construed as an acceptance of title. If any title objections are made, then the Agency _. shall have a reasonable time to cure said objections and show good and zerchantable title. 19, MAY 2 71965 ", 3. The Agency will deliver a good and sufficient General Warranty Deed on the day of , 19 , or on such earlier date as shall be mutually agreeable to the Redeveloper and the Agency, properly conveying said property to said Redeveloper, and Redeveloper agrees, when said Deed is presented, to pay the price herein provided. 4. The Agency shall prepare the Property for redevelopment in accordance with the Plan. The preparation of the Property for redevelopment may, upon the request of or with the consent of I the Redeveloper be performed after conveyance and coordinated with the work of the Redeveloper, provided that such timing will not increase the cost to the Agency or the project and that any structures, paving or other facilities left temporarily in place will be used by the Redeveloper only in connection with the Redevelopers construction of improvements on the Property, and if left for the convenience of the Redeveloper, will be removed at the expense of the Redeveloper. Such preparation by the Agency shall include: a. The demolition and removal to grade of all existing buildings, structures, and obstructions on the Property, including the removal of any debris resulting from such demolition; b. The removal (by the Agency or by appropriate public bodies or public utility companies) of all paving (including curbs and gutters), sidewalks, and utility lines, installations, facilities, and related equipment, within or on the Property which are to be eliminated or removed pursuant to the Plan;) c. Such filling and grading and leveling of the land (but not including top soil or landscaping as shall be necessary to make it ready for construction of the improvements to be made thereon by the Redeveloper (It being intended that such filling, grading, and leveling conform generally to the respective surface elevations of the land prior to the demolition of the buildings and structures thereon.) All expenses (including current taxes, if any), relating to buildings or structures demolished or to be demolished shall be borne by, and any income or salvage received from such buildings or structures shall belong to the Agency. d. The Paving and improving (by the Agency itself or by the City) in accordance with the usual technical specifications and standards of the City, of such streets (including the in- stallations of gutters, curbs, and catchbasins and the removal of shrubs and trees,) and the street lighting, in such rights -of -way, as are to be provided pursuant to the Plan; e. The installations and relocation (by the Agency itself or by appropriate public bodies or public utility companies) or such sewers, drains, water and gas distribution lines, and electric, telephone or telegraph installations (exclusive in each case of house or building service lines), as are to be installed or relocated pursuant to the Plan; and f. The vacating of present streets, alleys, other public rights -of -way, and plats, and the dedications of new streets, alleys, and other public rights -of -way, in the Project Area, and the re -zoning of such area, in accordance with the Plan; Provided, that the Redeveloper will, upon request by the Agency, subscribe to and join with the Agency in any petitions and proceedings required for such vacations, dedications and re -zoning. 5. After completion of construction of the Improvements in accordance with the Plan, the Agency shall promptly furnish the Redeveloper with an appropriate certification of such completion. C. The Redeveloper agrees to the following: 1. The Redeveloper shall pay the Price for the Property, in cash to the Agency. 2. The Redeveloper shall construct the Improvements in accordance with the Plan. D. The Agency and the Redeveloper do hereby agree to the following: 1. The Agency, the Redeveloper, and their authorized representatives shall have access to the Property at reasonable times to carry out the purposes of this Agreement.. 2. Any notice or communication provided for under this Agreement shall be sufficient if made by registered mail: a. To the Redeveloper at 916 Texas Avenue, Lubbock, Texas. b. To the Agency at 907 Texas Avenue, Lubbock, Texas. 3. Each and every reference to parties named in this Agreement shall also refer to and in- clude all assigns, transferees, successors in interest and heirs, executors and administrators of such parties as if they were described in this Agreement. 4. All of the provisions, covenants, conditions, and obligations of this Agreement shall be binding upon and shall extend to all of the successors, assigns, transferees, heirs, executors and administrators and any mortgagees to the extent of their right, title and interest in the Pro- perty, who may succeed to the interest of the Redeveloper of all or any part of the right, title, and interest of the parties to this Agreement, unless otherwise provided. 5. No member, official, or employee, of the Agency shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to this Agreement which affects his personal interest or the interests of any corporation, partnership or association in which he is, directly or indirectly interested. No member, official, or employee of the Agency shall be personally liable to the Redeveloper or any successor in interest in the event or any default or breach by the Agency or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of this Agree- ment. ; IN WITNESS WHEREOF, this Agreement has been duly executed in 1 original and 5 copies on the day of , 19 r0 4fAY 2 7 INS (SEAL) ATTEST: SECRETARY ATTEST: ��Zev; t p4mrzu Lavenia Lowe, City Secretary APPROVED: Fred 0. Senter, Jr., City Attorney EXHIBIT "A" URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS BY: CHAIRMAN Al. CITY OF U B%1 l 1,44 BY: REDEVELOPER MAX TIDMORE, Mayor LEGAL DESCRIPTION - A tract of land beginning at the Southwest corner of Lot 7, Block 33, Scharbauer's Re -Subdivision of Block 33, Wheelock's Second Addition to the City of Lubbock, Lubbock County, Texas, thence North 20 feet, thence East 20 feet, thence South 20 feet, thence West 20 feet to the point of Beginning. LAND DISPOSITION PARCEL DESCRIPTION - A tract of Land beginning at a point 280 feet South of the North corner of Land Disposition Parcel 14-5, thence East 20 feet, thence South 20 feet, thence West 20 feet, thence North 20 feet to the point of Beginning. 65-24-200-569 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (31) 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 Contractual Agreement for Right of Way Utility Adjustments for Project RW 783-2-1 on Loop 289, Agreement No. U-3641, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of,i �oLinc�.l shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this'27th day of May, 1965. kxo��/ ja"V,-� r ATTEST: ll�� Lavenia Lowe, City Secretary- easurer APPROVED: Fred 0. Senter, Jr., City Attorney CONTRACTUAL AGREEMENT FOR RIGHT OF WAY UTILITY ADJUSTMENTS (CITY FORM) MAX TIDMORE, Mayor STATE OF TEXAS X COUNTY Lubbock X PROJECT RW 783-2-1 COUNTY OF TRAVIS X HIGHWAYLoop 289 AGREEMENT NO. U-3641 (To be Completed By the State) w This Agreement entered into this 27th day of May, 1965, by and between the State of Texas, acting - by and through the Texas Highway Department, hereinafter called the State, and Lubbock, Texas, acting by and through its duly authorized official under Resolution dated 27th day of May, 1965, hereinafter called the City, and Southwestern Public Service 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 r 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 pre- determined firm commitment for right of way reimbursement approved by the State; WHEREAS, the Owner, in an affidavit dated March 22, 1965, has asserted an interest in certain lands and that this proposed highway improvement will necessitate the adjustment, removal or re- location of certain facilities of the Owner now located upon such lands as indicated in the following statement of work: Revise electrical lines to clear Loop 289 at intersection of Erskine Street and Quaker Avenue in Section 5, Block J.S. & Section 18, Blk. A, T.T. Ry. Co. Surv. Lubbock County, Texas, crossing Hwy. Engr. Sta. 143+77.3. 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; if ) -- ..._-. W2Z ,g i 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 pro caed 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 inter- ference or delay in either the State's 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 malting such adjustment, removals or relocations. Bills for work hereunder shall be submitted to the City not later than ninety (90) days after completion of the work. The City, subject to the acquisition of such rights or interests as may be deemed necessary along or across the Owner's interest in land, agrees to pay the Owner and the Owner agrees to accept a lump sum amount of $3,498.03 as full reimbursement for work covered by this contract, said rei - bursement 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 certficate by the City that payment in this amount has been made to the Owner. It is expressly understood that this contract is subject to cancellation by either the State or the City at any time up to the date that work under this contract has be authorized and that such cancellation will not create any liability on either the part of the State or the City. CITY W_ 741"TIZ.4. THE STATE OF TEXAS BY: Certified as being executed for the purpose Mayor i ATTEST:pwz��Ie OWNER:Southwestern Public Service Company By: Title: and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: By: Executed as State Highway Engineer and approved for State Highway Commission. FOR APPROVAL Date: District Engineer Examined and Recommended for Approval: Right of Way Engineer 65-24-201-570 (32) Motion by Councilman Kastman, seconded by Councilman Alderson, .Notion carried, -Mayor Tidmore and 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: ':HAT 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 Contractual Agreement for Right of Way Utility Adjustments on Project RW 783-2-1, on Loop 289, Agreement No. U-3927, 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 copies herein in detail. Passed by the City Council this" 27th day of May, 1965. MAX TIDMORE, Mayor ATTEST: l/�d Lavenia Lo e, City Secretary -treasurer APPROVED: Fred 0. Senter, Jr., City Attorney CONTRACTUAL AGREEMENT FOR RIGHT OF WAY UTILITY ADJUSTMENTS (CITY FORM) STATE OF TEXAS COUNTY Lubbock X PROJECT RW 783-2-1 COUNTY OF TRAVIS HIGHWAYLoop 289 AGREEMENT. NO. U-3927 (To Be Completed By The State) This Agreement entered into this 27th day of May, 1965, by and between the State of Texas, acting by and through the Texas Highway Department, hereinafter called the State, and the City of Lubbock, Texas, acting by and through its duly authorized official under Resolution dated 27th day of May, 1965, hereinafter called the Owner. WHEREAS, the State and Owner have previous to this date entered into a contract agreeing to handle - - = by separate contract the adjustment, removal or relocation of certain utility facilities necessitated: ')2 AAY 2705 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 April 16, 1965, 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 state- ment of work: Adjust and relocate electric line at the intersection of Erksine Street, Quaker Avenue and Loop 289 at Highway Engineers Station 137446.6; and electric line crossing Loop 289 at High- way Engineers Station 159+82:6. WHEREAS, the State desire to accomplish the adjustment, re -oval or relocation of the Owner's utility facilities by entering into an agreement with the Owner; NOW, THEREFORE, be it -.iutually 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 :L,.wo between the State and the Owner, as it pertains to right of way utility ad- justments and as it effects the utility facilities of the Owner. Capon execution of this agreement by the parties hereto the Owner will, proceed with the necessary adjustment, removal or relocation; and the Owner agrees to prosecute such work diligently to com- pletion in such manner as will not result in avoidable interference 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 to the Owner pursuant to this contract shall be full compensation to the Owner for the costs incurred in making such adjustments, removals or relocations. Bills for work hereunder shall be submitted to the State not later than ninety (90) days after completion of the work. The Owner subject to the acquisition of such rights or interests as may be deemed necessary along or across the Owner's interest in land, agrees to accept a lump sum amount of 50% of $3,245.97 as full reimbursement for work covered by this contract, said reimbursement to be forthcoming in such lump sum only after receipt of a lump sum final billing in the foregoing amount accompanied by a certificate to the effect that such work has been fully accomplished. The State will reimburse the Owner upon receipt of proper billing and certificate by the Owner that payment has been made. It is expressly understood that this up to the date that work under this not create any liability on the part CITY B a��^XA r BY: Mayor f ATTEST: 14gh&j; contract is subject to cancellation by the State at any time contract has been authorized and that such cancellation will of the State. Examined and Recommended for Approval: THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work pro- grams heretofore approved and authorized by the State Highway Commission: Bv: Executed as State Highway Engineer and approved for State Highway Commission. RECOMMENDED FOR APPROVAL District Engineer Right of Way Engineer 65-24-202-571 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (33) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION (Railways) BE IT KNOWN that on this 27th day of 1965, at a regular meeting of the governing body of the City of Lubbock, Texas, there came on to be considered the matter of the execution of a license between the said City of Lubbock, Texas, and Panhandle and Santa Fe Railway Company, relating to an eight inch sewer line seventy feet in length on Railway Company right-of-way at MP-3 plus 3165 ft., in said City of Lubbock, Texas, whereupon the following proceedings were had: h.. R- 4 It was moved seconded and unanimously voted that Max Tidmore, Mayor, be authorized and empowered to execute on behalf of the City of Lubbock, Texas, such license, copy of which is hereto attached, and the same be recorded in the Minutes of the City Commission at the foot of this resolution. t STATE OF TEXAS COUNTY OF LUBBOCK I, Lavenia Lowe, City Secretary, do hereby certify that the above and foregoing is a true anc correct copy of a resolution passed by the City Commission of said City in regular session on May 27, 1965, as the same appears of record in Book 24, Page 202, Minutes of said City Commission. IN TESTIMONY WHEREOF, witness my hand and the Seal of said CitZ 27t, da May, 1965. City Secretary (Seal) 2(r. MAY 2 719SS .y 65-24-203-572 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (19) Councilmen Alderson, Simpson, and Medlock voting Yea, none. voting Nay, that the following Resolution be passed. Councilman Kastman abstained from voting on this item. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the .paving requirement provisions of City Ordinance 1331, the subdivider of Melonie Park Addition, Lots 271-322, made arrangements with T. J. Hodges Construction Co. for the construction of paving improvements on.certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Melonie Park Addition, Lots 271-322 including the following streets: 64th Drive from its intersection with a line 16.00 feet East of the East Property Line of Memphis Avenue to its intersection with the South Property Line of Lot 304, Melonie Park Addition, known and designated as New Subdivision Unit Number 1469. 63rd Drive from its intersection with a line 16.00 feet East of the East Property Line of Memphis Avenue to its intersection with the South Property Line of Lot 271, Melonie Park Addition, known and designated as New Subdivision Unit Number 1470. East one-half of Memphis Avenue from its intersection with a line 3.00 feet South of the South Property Line of the alley North of 64th Drive to its intersection with a line 3.00 feet South of the South Property Line of the alley South of 64th Drive, known and designated as a part of New Subdivision Unit Number 1471. 62nd Drive from its intersection with a line 15.00 feet East of the East Property Line of 63rd Drive -to its intersection with a line 3.00 feet West of the West Property Line of the alley West of Lynhaven Drive, known and designated as New Subdivision Unit Number 1472. AND WHEREAS, the construction of the above improvements on the, abovementioned streets was per- formed under the supervision of the City Engineer,and; said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED 13Y THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and PASSED AND APPROVED THIS 27TH DAY OF MAY, 1965. ATTEST: Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney Honorable Mayor and City Council Lubbock, Texas Gentlemen: after its passage. W)�` • MAX TIDMORE, Mayor May 27, 1965 I have examined the paving improvements constructed by T. J. Hodges, Inc., paving contractor, under their contract with the subdividers of Melonie Park Addition, Lots 271-322 and find the improvements on 64th Drive from Memphis Avenue to the South Line of Lot 304 Melonie Park, 63rd Drive from Memphis Avenue to the South Line of Lot 271 Melonie Park, East half of Memphis Avenue from the alley North of 64th Drive to the alley South and 62nd Drive from the alley West of Lynhaven Drive to 63rd Drive as listed.on the final estimate sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due him by the City of Lubbock. Yours very truly, John T. Hickerson City Engineer CONSOLIDATED FINAL ESTIMATE MELONIE PARK ADDITION LOTS 271-322 Accepted May 27., 1965 UANTITIES S.Y. S.Y. S.Y. Unit Location Paving L.F. Alley Valley 0 Y 2 71965 NS 1469 64th Drive from 16` E. of EPL of Memphis Ave. to S. Line of Lot 304, Melonie Park Add. $2,765.94 1,556.80 NS 1470 63rd Drive from 161 E. of EPL of Memphis Ave. to S. Line of Lot 271, Melonie Park Add. 4,791.57 2,634.27 Part of E 1/2 of Memphis Ave. from 31 S. NS 1471 of the SPL of the alley N. of 64th. Drive to 3' S. of the SPL of the alley S. of 64th Dr. Melonie Park 694.52 347.21 City 112.23 NS 1472 62nd Drive from 151 E.of the EPL of 63rd Drive to 3' W. of the WPL of the alley W. of Lynhaven Drive 337.76 190.00 Sub -Totals Melonie Park City TOTALS COST ESTIMATE 8,702.04 S.Y. Paving @$1.39 4,728.28 L.F. Curb & Gutter @$1.37 12.22 S.X. Alley Returns @$5.00 91.04 S.Y. Valley Gutter @$.5.50 CONTRACT COST COST DISTRIBUTION 12.22 35.16 52.54 3.34 8,589.81 4,728.28 12.22 87.70 112.23 3.34 8,702.04 4,728.28 12.22 91.04 $12,095.83 6,477.74 61.10 500.72 $19,135.39 Unit Contract Property City Cost Owner to Cost Contractor NS 1469 5,977.47 5,977.47 NS 1470 10,462.61 10,462.61 Part of NS 1471 1,965.50 1,791.13 174.37 NS 1472 729.81 729.81 TOTALS $ 19,135.39 18,961.02 174.37 65-24-204-573 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (20) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Broadmoor Addition Lots 586-597, 600-607, made arrangements with Pioneer Pavers, Inc. for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat o. Broadmoor Addition, Lots 586-597, 600-607, including the following streets: West 1/2 of Memphis Avenue from its intersection with a line 3 feet South o. the South Property Line of the alley North of 64th Drive to its intersection with a line 3 feet South of the South Property Line of the alley South of 64th Drive, known and designated as a part of New Subdivision Unit Number 1471. 64th Drive from its intersection with a line 16 feet West of the West Property Line of Memphis Avenue to its intersection with the South Lot Line of Lot 597, Broadmoor Addition, known and designated as New Subdivision Unit Number 1473. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LU3BOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 27TH DAY OF MAY, 1965.J6xWA11yAJ MAX TIDMORE, Mayor 204A MAY z 71965 204s. Mar z 71965 65-24-205-574 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (21) Councilman Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. - See resolution copied in on opposite page - # 205 - MAY 2 7 19S5 mm, 65-24-205-574 (21) ATTEST: Lavenia Lowe, City Sedret APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney May 27, 1965 Honorable Mayor and City Council Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Pioneer Pavers, Inc., paving contractor, under their contract with the subdividers of Broadmoor Addition and find the improvements on W 1/2 of Memphis 3' S. of the SPL of the alley N. of 64th Drive to 3' S. of the SPL of the alley S. of 64th Drive and 64th Drive from 16' W. of the WPL of Memphis to the S. Line of Lot 597, Broadmoor Addition as listed on the final estimate sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authorizing payment of the contractor the amount shown on the attached consolidated final estimate sheet as due him by the City of Lubbock. CONSOLIDATED FINAL ESTIMATE BROADMOOR ADD. LOTS 586-597 600-607 Accepted May 27, 1965 UANTITIES Yours very truly, John T. Hickerson City Engineer S.X. S.Y. S.Y. Unit Location Paving L.F. Alley Valley 6" Base C & G Return Gutter Part of NS 1471 W. 1/2 of Memphis Ave. from 3' S. of SPL of alley N. of 64th Dr. to 3' S. of SPL of alley S. of 64th Dr. Broadmoor Addition 694.52 347.21 12.22 52.54 City 112.22 3.33 NS 1473 64th Dr. from 16' W. of WPL of 2,941.19 1,654.51 Memphis Ave. to S. Lot Line of Lot 597, Broadmoor Addition Sub -Totals Broadmoor Addition 3,635.71 2,001.72 12.22 52.54 City 112.22 3.33 TOTALS 3,747.93 2,001.72 12.22 55.87 COST ESTIMATE 3747.93 S.Y. Paving @ 1.45 5,434.50 2001.72 L.F. C & G @ 1.40 2,802.41 12.22 S.X. Alley Return @ 4.50 54.99 55.87 S.X. Valley Gutter @ 5.00 279.35 _CONTRACT COST $ 8,571.35 COST DISTRIBUTION Property Unit Contract Owner City to Cost Cost Contractor Part of NS 1471 1,990.21 1,810.84 179.37 NS 1473 6,581.04 6,581.04 TOTALS $ 8,571.25 8,391.88 _ 179.37 w RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Southgate Addition Lots 1-18, made arrangements with Pioneer Pavers, Inc. for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Southgate Addition, Lots 1-18, including the following street: South one-half of 51st Street from its intersection with a line 16 feet East of the East Property Line of Orlando Avenue to its intersection with a lire 16 feet West of the West Property Line of Memphis Avenue, known and designated as New Subdivision Unit Number 1474. North one-half of 51st Street from its intersection with a line 16 feet East of the East Pronertv Line lAY 271965 of Orlando Avenut to its intersection with a line 16 feet West of the West Property Line of Memphis Avenue, known and designated as New Subdivision Unit Number 1474-A. AND WHEREAS, the construction of the above improvements on the abovementioned street was per- formed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. L. That the improvements on said portions of the abovementioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 27TH DAY OF MAY, 1965. �/ w (/ � yor ATTEST:Lay l/!� Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney May 27, 1965 Honorable Mayor and City Council Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Pioneer Pavers, Inc., paving contractor, under their contract with the subdividers of Southgate Addition Lots 1-18 and find the improvements on 51st Street from 16' E. of EPL of Orlando Ave: to 16' W . of WPL of Memphis Ave. as listed on the final estimate sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock. Yours very truly, John T. Hickerson City Engineer CONSOLIDATED FINAL ESTIMATE SOUTHGATE ADD. LOTS 1 - 18 Accepted MAX 27, 1965 UANTITIES S.Y. Unit Location Paving L.F. 6" Base C.& G NS 1474 S 1/2 51st St. from 16' E. of EPL of Orlando Ave. to 16' W. of WPL of Memphis Ave. 2,183.11 1,228.0 NS 1474-A N 1/2 of 51st St. from 16' E. of EPL of Orlando Ave. to 16' W. of WPL of Memphis Ave. 2,183.11 1,228.0 TOTALS 4,366.22 2,456.0 COST ESTIMATE 4366.22 S.Y. Paving @ 1.43 $ 6,243.70 2456.00 L.F. C & G @ 1.40 34438.40 CONTRACT COST $ 9,682.10 COST DISTRIBUTION Property Unit Contract Owner Cost Cost NS 1474 4841.05 4841.05 NS 1474-A 4841.05 4841.05 TOTALS $ 9682.10 $ 9682.10 Due from Southgate Add. $ 4841.05 Due from Lester C. Cooper $ 4841.05 65-24-206-575 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and iiii fni,nnilmean A1A__enn u+ant,r, _ Q4--.-- -A M-Al­], rrnf-inn Vn -,-- , +-4 , Amer that 0,.a fnl7nrrinn MAY 2 1.%5 i RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the sub- divider of Redbud Heights Addition Lot 1 thru 31, made arrangements with W. D. Turner Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Redbud Heights Addition Lots 1 thru 31 including the following streets: 1 8th Street from its intersection with a line 16.00 feet West of the West Property Line of Chicago Avenue to its intersection with the West End of the cul-de-sac West of Chicago Avenue, known and designated as New Subdivision Unit Number 1493. Dover Avenue from its intersection with a line 18.00 feet North of the. North Property Line of 8th Street to its intersection with the North End of the cul-de-sac North of 8th Street, known and designated as New Subdivision Unit Number 1494.' AND WHEREAS, the construction of the above improvements on the abovementioned streets was per- formed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 13311 THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 27TH DAY OF MAY, 1965. � MAC TIAMORE, Mayor ATTEST: Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney May 27, 1965 Honorable Mayor and City Council Lubbock, Texas Gentle:. -.en: I have examined the paving improvements constructed by W. D. Turner Construction Company, paving contractor, under his contract with the subdividers of Redbud Heights :addition, Lots 1 thru 31, and find the improvements on 8th Street from Chicago Avenue to the cul-de-sac west and Dover Avenue from 8th Street to the sul-de-sac north as listed on the final estimate sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authorizing payment to the contractor the amount shown on the attached con- solidated final estimate sheet as due him by the City of Lubbock. Yours very truly, John T. Hickerson r City Engineer CONSOLIDATED FINAL ESTIMATE REDBUD HEIGHTS ADD. LOTS 1 THRU 31 Acce Led May 27 1965 QUANTITIES -- _ S.Y. S.Y. Unit Location Paving L.F. Alley 6" Base C.& G Return NS 1493 8th St. from 16' W. of the WPL of ' Chicago Ave. to the cul-de-sac W. of Chicago 2,606.37 1,303.60 NS 1494 Dover Ave. from 13' N. of whe NPL of $th St. to the cul-de-sac N. of 5th St. 1,351.63 636.81 20.00 TOTALS 3,958.00 1,990.41 20.00 COST ESTIMATE I 3,958.00 S.Y. Paving @$I.47 $5,818.26 1,990.41 L.F. Curb & Gutter @$1.37 .2,726.86 20.00 S.Y. Alley Returns @$6.00 120.00 �� CONTRACT COST $8,665.12 0t l MAY 2 71965 COST DISTRIBUTION Contract Property Unit Cost Owner Cost j NS 1493 $5,617.29 $5,617.29 NS 1494 .3, 047.83 33047.83 TOTALS $8,665.12 $8,665.12 65-24-208-576 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (23) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Alford Terrace Addition, Lots 221 thru 296, made arrangements with W. D. Turner Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Alford Terrace Addition, lots 221.thru 296 including the following streets: 16th Street from its intersection with a line 16.00 feet East of the East Property Line of Chicago Avenue to its intersection with a line 15.00 feet West of the West Property Line of Bangor Avenue, known and designated as New Subdivision Unit Number 1490. 16th Place from its intersection with a line 16.00 feet East of the East Property Line of Chicago Avenue to its intersection with a line 15.00 feet South of the South Property Line of 16th Street, known and designated as New Subdivision Unit Number 1491. 17th Street from its intersection with a line 16.00 feet East of the East Property Line of Chicago Avenue to its intersection with a line 15.00 feet West of the West Property Line of Bangor Avenue, known and designated as New Subdivision Unit Number 1492. AND WHEREAS, the construction of the above improvements on the abovementioned streets was per- formed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 27.TH DAY OF MAY, 1965. MAX TIDMORE, Mayor ATTEST: Ro�zllw Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney May 27, 1965 Honorable Mayor and City Council Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by W. D. Turner Construction Company, paving contractor, under their contract with the subdividers of Alford Terrace Addition, Lots 221 thr.0 296 and find the improvements on 16th Street from Chicago Avenue to Bangor Avenue, 16th Place from Chicago Avenue to 16th Street and 17th Street from Chicago Avenue to Bangor Avenue as listed on the final estimate sheet to have been completed in accordance with the plans and specifications and .recommend that you accept the improvements on said streets and/or avenues, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due him by the City of Lubbock. Yours very truly, John T. Hickerson City Engineer CONSOLIDATED FINAL ESTIMATE ALFROD TERRACE ADDITION LOTS 221 THRU 296 Accepted May 27, 1965 208A F I �l F 208B 5-24-209-578 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (25a) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4707 be passed on first reading. 5-24-208B-578p: Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (25b) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize transfer of a maximum of $3,000,000 as required from Water Treatment Plant Reserve Funds to Water Treating and Softening Plant Construction Fund and authorize the placing of future Water Treatment Plant Reserve Funds directly into the Water Treating and Softening Plant Construction Fund. 71 Lj LI 0 it, g)) MAY271 QUANTITIES S.Y. S.Y. S.Y. Unit Location Paving L.F. Alley Re-sur- 6" Base C & G Return facing NS 1490 16th St. from 16' B. of the 4,265.23 2,338.29 26.81 EPL of Chicago Ave. to 151 W. of the WPL of Bangor Ave. NS 4191 16th Place from 161 E. of the 3,437.72 1,933.72 EPL of Chicago Ave. to 15' S. of the SPL of 16th Street NS 1492 17th St. from 16' E. of the 3,560.57 2,002.82 41.96 EPL of Chicago Ave. to 151 W. of the WPL of Bangor Ave. TOTALS 11,263.52 6,274.83 26.81 41.96 COST ESTIMATE 11,263.52 S.Y. Paving 6,274.83 L.F. Curt & Gutter 26.81 S,Y. Alley Returns 41.96 S.Y. Resurface COST DISTRIBUTION @$1.42 M. 3 7 M. 00 @$0.71 CONTRACT COST $15,994.20 8,596.51 134.05 29.79 $ 24,754.55 Unit Contract Property City to Cost Owner Cost Contractor NS 1490 9,394.13 9,394.13 NS 1491 7,530.76 7,530.76 NS 1492 7,829.66 7,799.87 29.79 TOTALS $24,754.55 �$24,724.76 $29.79 65-24-209-577 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (25) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4706 be passed on first reading. 65-24-209-578 (25a) AN APPROPRIATION ORDINANCE ORDINANCE NO. 4706 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain portions of water revenue funds received for December, 1963 through Apri1,1967 inclusive for a plant to treat Canadian River Water; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the Water Treatment Plant Reserve Fund, and from Water Revenue received thru April, 1967 a maximum of $3,000,000 as needed to pay obligations for the con- struction of the water treatment plant and associated work including landscaping, engineering, testing, etc. AND IT IS SO ORDERED AN APPROPRIATION ORDINANCE ORDINANCE NO. 4707 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate cert�2n specific bonds for the Water Treatment Plant; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of Water Treatment and Softening Bonds authorized in 1945, the sum of $650,000 to pay a portion of the cost of a water treatment plant to treat and soften water from the Canadian River to improve the quality of the water. AND IT IS SO ORDERED 65-24-209-579 Motion by Councilman Alderson, seconded by Councilman Medlock, 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 a Paving Agreement to Caleb D. Wood and Wife, Cora Christine Wood on a certain parcel of land out of Lot 1, Block 4, Southwest Acres Addition to the City of Lubboc 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 asie �il. Passed by the 'ty Council is 27th day of May, 1965 ATTEST: MAX TIDMORE, Mayor --' T n. -;.. T... P.;+. C..r.....t......-T ...+........ 2410 AAY 2705 THE STATE OF TEXAS COUNTY OF LUBBOCK X This agreement entered into on this 27th day of May, 1965, by and between the City of Lubbock,` a Home Rule Municipal Corporation in the County of Lubbock, Texas, and Caleb D. Wood and wife, Cora Christine Wood: WITNESSETH: THAT in consideration of the conveyance by Caleb D. Wood and wife, Cora Christine Wood, to the City of Lubbock, Lubbock County, Texas, more fully described as follows: BEGINNING at the Northeast corner of Lot 1, Block 4, 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 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. Caleb D. Wood and wife, Cora Christine Wood, 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 OUT HANDS this 27th day of May, 1965. ATTEST: Lavenia Lowe, City Secretary CITY OF LUBBOCK BY: MAX TIDMORE, Mayor CALEB D. WOOD 65-24-210-580 CORA CHRISTINE WOOD (39a) Motion by Councilman Alderson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none noting 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 Paving Agreement to C. C. Knott and wife, Cordie Knott on a certain parcel of land out of.Lot 12, Block 5, Southwest Acres Addition to the City of Lubbock, attached herewith which shall be spread upon the minutes of this Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of May, 1965.i,+, MAX TIDMORE, Mayor ATTEST: Lavenia Lowe, City Secretary-T easurer APPROVED: Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK This agreement entered into on this 27th day of May, 1965, by and between the City of Lubbock, a home rule municipality in the County of Lubbock, Texas, and C. C. Knott and wife Cordie Knott; WITNESSETH: THAT in consideration of the conveyance by C. C. Knott and wife, Cordie Knott to the City of Lubbock of all that certain parcel of land out of Lot 12, Block 5, Southwest Acres Addition to the City of Lubbock, Lubbock County, Texas, more fully.described as follows: ri L. i BEGINNING at the Southeast corner of said Lot 12, Block 5, Southwest Acres Addition; THENCE North a distance of 132.5 feet to the Northeast corner of said lot; MAY 2 71965 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 in a Southwesterly direction along curve to the right, said curve having a radius of 15 feet, a distance of 23.56 feet to a point in the South line of Lot 12, said point being the end of said curve; THENCE East a distance of 30.0 feet to the PLACE 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 Five (5), Southwest Acres Addition to the City of Lubbock, abutting the property hereby con- veyed, 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. C. C. Knott and wife, Cordie Knott 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 27th day of May, 1965. ATTEST: R4&.1V; 4 a �0 Lavenia Lowe, City Secretary -treasurer CITY OF LUBBOCK BY12!a4/- d4f A AO! 0 MAX TI MO , Mayor C. C. KNOTT CORDIE KNOTT 65-24-211-581 Motion by Councilman Alderson, seconded by Councilman Medlock, motion carried, Mayor Tidmore and (39b) 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 Paving Agreement to Melvis F. Flake and wife, Revalee Flake on a parcel of land out of the Northwest 1/4 of Section 8, Block E-2, 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 here- in in detail. Passed by the City Council on this 27th day of May, 1965. vim'/ J)aAl '0 MAX TIDMORE, Mayor ATTEST: Of LAVENL4 , City Secretary -Tr asurer APPROVED: Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK X This agreement entered into on this 27th day of May, 1965, by and between the City of Lubbock, a Home Rule Municipal Corporation in the County of Lubbock, Texas, and Melvis F. Flake and wife Revalee Flake; WITNESSETH: THAT in consideration of the conveyance by Melvis F. Flake and wife, Revalee to the City of Lubbock of all that certain parcel of land out of the Northwest 1/4 of Section 8, Block E-2, Lubbock County, Texas, and more fully described as follows: BEGINNING at a point in the West line of said Section 8, Block E-2, said point being 1650.0 feet South of the Northwest corner of said section; THENCE East a distance of 45.0 feet to a point; THENCE South a distance of 165.0 feet to a point; THENCE West a distance of 45.0 feet to a point; THENCE North a distance of 165.0 feet to the POINT OF BEGINNING. The City oflLubbock 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 the remainder of the Northwest 1/4 of Section 8, Block E-2, Lubbock County, Texas, abutting the property hereby con- - ­A 4nr ., ' of ti,o r„rh and oi,rrpr rnchc fnr rha navi.nF of Ouaker Avenue. GWO +�� 1AY 2 7199E Paving Company on January 28, 1965. 65-24-212-582 (12) 65-24-212-583 (46) 65-24-212-584 (47) 65-24-212-585 (48) 65-24-212-586 (49) 0 Melvis F. Flake and wife, Revalee Flake 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 BANDS this 27th day of May, 1965. ATTEST: ///®. 4 Lavenia Lowe, City Secretary -Treasurer CITY OF LUBBOCK A BYrj�?QZ J6*tA"-(AJ_ MAX TIDMCTRE, Mayor MELVIS F. FLAKE REVALEE FLAKE NOTICE OF CITY COUNCIL HEARING (As published in the Avalanche Journal) NOTICE is hereb;- 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 heaein- on the 27th day of May, 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 recom...endations of the Planning and Zoning Commission that the zoning distr-ct of the property herein described be changed; and at which time and place all in- terested persons will be given an opportunity to be heard, after which heaein , the City Council will determine whether the Zoning Ordinance and ..iap will be amended in accordance with such re- co,....endat ion. ZONE CASE NO. 1310 - Appeal of John K. Lyon to change Lot 24, Austin Subdivision, an addition to the City of Lubbock, Lubbock. County, Texas, from an "R-3" to a "C-4 " Zoning District. (SW Corner Te.;ple Avenue and Ist Street) The Planning and Zoning Co,_i..iission recommended to the City Council that this request be not granted. 11 C Lavenia Lowe, City Secretary-Trea- s,Lrer, C- ty of Lubbock, L-:ibbock Coin: ty, Texas In accordance with the above Notice of Zoning Hear-ng, hearing was held on Zone Case No. 1310 Appeal of John K. Lyon to change one lot located at the Southwest corner of Temple Avenue and First Street from "R-3" to "C-4" zoning district. Bob Moody, Attorney, appeared in support of this zone change request representing Hr. Lyon and Mr. Barber, owners of this property. Burn Griffin � appeared in opposition for his father-in-law, Blas Chavez, who is also a property owner i,. this area, whereupon, the Mayor stated the hearing was closed. ,after coasiderat=.on of all facts pre- sented motion was made by Councilman Kast... an, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kast..an, Simpson, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and not change this zone from "R-3" to "C-4" zoning district. Bids as follows were received for the purchase of chlorine for a period of 1 year, beiL--U Bid No. 8643. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Council:. -.an Alderson, seconded by Councilman Simpson, :notion carried, Mayor Tidoiore and Councilmen Alderson, Kast lLan, Stipso:), and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid o- Tho pson-Hayward Chemical Company for the purchase of this chlorine. Bids as follows were received for the purchase o;: one diesel tractor for the Park an. Recreation Department, being Bid No. 8650. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Lubbock Implement Company for the purchase of this diesel tractor. Bids as follows were received for the purchase of electric items, being Bid No. 8642. Bid Tabulation set in Bid Book. After consideration of all bids received motion was ii}ade by Councilztaq Alderson, seconded by Councilman Simpson, motion carried, Mayor Tid-:,ore and Councilmen Alderso-i, Kast.-.-.an, Si=zpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Graybar Electric Company for the purchase of these electric items. Bids as follows were received for the purchase of an addition to steel structure transfor er .3ay at Electric Plant #2, being Bid No. 8633. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Kastman, seconded by Councilman. Medlock, motion carried, Mayor Tidmore and Councilman Alderson, Kastman, Simpson, and Medlock voting Yea, 4ione voting Nay, to authorize acceptance of the bid of Ite Circuit Breaker Company, A.arillo, for the purchase of this steel structure. MAY 2 719% 65-24-213-587 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (41) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to accept the award of Special Commissioners for $11,000.00 in condemnation concerning a sanitary sewer easement and a storLa sewer easement South of.East 19th Street and East of Quirt Avenue. This being owned by the W. B. Price Estate. 65-24-213-588 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (41a) Councilmen Alderson, Kast-.an, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4709 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4709 WHEREAS, ehe City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds opt of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Sanitary Sewer Fund The sum $10,200.00 For the following purpose: To acquire a permanent sanitary sewer easement and temporary working ease- ment from the W. B. Price Estate in Sections 2 and 3, Block B, Lubbock County, Texas. This is for a portion of the Oak Avenue Lift Station Trunk Sewer Line. The condemnation suit was styled Cause No. 804 in County Court at Lan No. 1 and the Special Commissioners Hearing was on May 14, 1965. 65-24-213-589 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (41b) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4710 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4710 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: Storm Sewer Bond Funds The sum $800.00 For the following purpose: To acquire a permanent storm sewer easement and temporary working ease- ment from the W. B. Price Estate in Section 3, Block B, Lubbock County, Texas. The condemnation suit was styled Cause No. 804 in County Court at Law No. 1 and the Special Commissioners Hearing was on May 14, 1965. 65-24-213-590 The City Council considered the claim of C. P. Adams and Ghent Sanderford for crop damage resulting (35) from the construction of the Olive Street Trunk Sewer Line. Motion was made by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize payment of this claim in the amount of $800.00. This land located in Section 0-5, Lubbock County. 65-24-213-591 Motion by Councilman Medlock, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (24) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize the release of escrow in the amount of $824.81 to Campbell H. Elkins in connection with alley paving requirements and their contract on file. 65-24-213-592 The City Council considered the claim against Apolonio Arias in connection with a traffic light that (44) Mr. Ariasstruck at the intersection of 19th Street and Boston Avenue. 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 accept $20.00 as full and final pay- ment of the traffic light. 65-24-213-593 Motion by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (45) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize payment in the amount of $750.00 to the National League of Cities as membership fee for the year 1965. 65-24-213-594 Motion by Councilman Alderson, seconded by Councilman Kastman, motion carried, Mayor Tidmore and (51) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize pay- ment to Pioneer Pavers in the amount of $3632.28 for paving which is in connection with and adjacent to the new Post Office site located at 16th Street East of Avenue G. Pioneer Pavers having executed a release in connection with this paving and the City has an agreement with the Federal Government whereby they will pay the City after the paving is accepted. This authorization being upon auth- orization and acceptance of completion of this project by the Director of Public Works. 65-24-213-595 There was discussion of landscaping of the Triangulararea at the Southwest corner of the intersection (150 of Brownfield Highway and Slide Road. Motion was made by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the City Staff contact the Security National Bank located in the vicinity to determine whether or not the Bank would maintain the t.ria.igtilwarea at this location if the City of Lubbock landscapes it at the City's expense. 65-24-213-596 Motion by Councilman Simpson, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (16) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize the Davinz of the North half of 50th Street West of Slide Road wharp r_hp City of Lubbock hac hppn tinnhlp '1 W 2 71965 to secure the ri;;ht-of-way on the South side of 50th Street. This location being 50th Street from Slide Road approximately 100 feet West in the vicinity of Ban -or Avenue. 65-24-214-597 'lotion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Tidinore and (50) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, the ad valorem tax assessed against personal motor vehicles not used for or in connection with a commercial enterprise has become increasin;ly expensive for the Tax Department of the City of Lubbock to administer and collect, and WHEREAS, this increased cost and expense of administration has been called to the atten- tion of the City Council, and WHEREAS, it appears to the City Council that this increased expense of collection and administration of this ad valorem tax makes it et=omically feasible and to the best interests of the citizens of Lubbock that personal motor vehicles not used for or in connection with a business or commercial enterprise be eliminated from the tax rolls of the City of Lubbock. NOW, THEREFORE, BE IT RESOLVED that the Tax Assessor and Collector be and is hereby authorized and directed to eliminate from the 1965 tax rolls of the City of Lubbock all personal motor vehicles not used for or in connection with a business or commercial enterprise. BE IT FURTHER RESOLVED that this action shall not constitute nor be construed as waiving or excusing the payment of any ad valorem tax heretofore assessed by the City of Lubbock which is now due and payable on automobiles for any year prior to 1965. Passed by the City Council this 27th day of May, 1965. MAX TIDMORE, Mayor ATTEST: Rzkolv; -Ay Lavenia Lowe, City Secretary -Treasurer FORM APPROVED: Fred 0. Senter, Jr., City Attorney 65-24-214-598 Representatives of the Community Planning Council on Economic Opportunity Act appeared before the (13) City Council at noon and gave report as to Lubbock's participation in said Act, the Council having heretofore requested said committee to make a study of Lubbock's needs in this connection. The City Council deferred action on the report until the Regular Meeting on June 3, 1965. The report being set out below. SEE REPORT ON PAGE 214A 65-24-214-599 Mr. B. E. Rushing, Chairman of the Mayor's Committee on Mental Retardation appeared before the (14) City Council to present a report summarizing the Committee's study. 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, that the report of this co.,Lmittee be accepted and the "Guide•Lines" be forwarded to Austin to the Governor's Committee on Mental Re- tardation. 65-24-214-600 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (40) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize the Right -of -Way Department to acquire an electric line easement for placing of a guy -wire for the 69 KV electric transmission line North of the Holly Avenue Power Station. Property owners being Miss Mary Gilmour and Miss Ina Mae McCollum. The location being in Section 3, Block S, Lubbock County approximately 1/2 mile North and 1/2 mile West of the Holly Avenue Power Station. Payment in the amount of $200.00 hereby authorized for said easement. 65-24-214-601 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (37) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4711 be passed on first reading. ORDINANCE ORDINANCE NO. 4711 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF EAST 19TH STREET IMMEDIATELY WEST OF QUIRT AVENUE WITHIN THE CITY OF LUBBOCK, TEXAS, AS 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. 65-24-214-602 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (15a) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize a single asphalt surface treatment to be placed on the median on the North side of 50th Street between Louisville and Peoria Avenues. Also to authorize planting of trees in said area and placing of a single line water system in said median. 65-24-214-603 Motion by Councilman Kastman, seconded by Councilman Alderson, motion carried, Mayor Tidmore and (15b) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4708 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4708 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; 214A MAY 2 71 I [I, CI 1.1 65-24-214-598 REPORT OF COMMUNITY PLANNING COUNCIL ON ECONOMIC OPPORTUNITY ACT (13) .U. S. Bureau or Lirc t,�o,,,... 21 29 .y MAY 2 7191 r L L L 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 The sum $9,500.00 Bond Fund For the following purpose: Beautification of 50th Street- Medians. North side of 50th Street betwe Louisville and Peoria Avenue. (between 50th Street and Acess Road) 1. Water system $ 3,500.00 2. Concrete rings around trees 700.00 3. Seal with asphalt and rock 3,700.00 4. Planting of trees _ _1,600.00 $ 9,500.00 NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROH REGULAR MEETING, MAY 27, 1965. ATTEST: Lavenia Itowe, City Secre ary-Treasurer MAX TID ORE, Mayor READ AND APPROVED THIS THE Ird DAY OF .17inp , 1965. ATTEST: �LL¢ Lavenia Vowe, City Secr ary-Treasurer MAX TIDMORE,Mayor