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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/12/1965Aur, 12 Mt August 12, 1965 REGULAR MEETING: The City Council of the City of Lubbock, Texas met at 10:30 o'clock a.m. in the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor Pro-tem W. E. Alderson and Councilmen Jack Kastman, Rolan Simpson, and W. E. Medlock, City Attorney Fred 0. Senter, Jr., City Manager William J. Pitstick, Jr., City Secretary - Treasurer Lavenia Lowe. Absent: Mayor Max Tidmore 65-24-312-807 Invocation was given by Al Couch Director of Public Services. (1) 65-24-312-808 Motion by Councilman Sampson, seconded by Councilman Kastman, motion carried, Mayor Pro-tem (2) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, to approve Minutes of City Council - Regular Meeting held July 22, 1965; Special Called Meeting held July 24, 1965. 65-24-312-809 (11) 65-24-312-810 (3 ) Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Pro-tem Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ord- inance No. 4746 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4746 AN ORDINANCE ABANDONING AND CLOSING THE ALLEY BETWEEN BLOCK 2 AND BLOCK 5, C. L. VAUGHN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SAID PROPERTY. Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Pro-tem Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ord- inance No. 4747 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4747 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Projects The sum $4,161.48 For the following purpose: Construction of water line stubs across Iola $ 603.45 Avenue - ahead of paving Change Order #1 to W.W.O. 11368 3,558.03 $ 4,161.48 65-24-312-811 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Pro-tem (4) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ord- inance No. 4748 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4748 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Funds The sum $15,761.85 For the following purpose: To cover the City's share of paving 24th Street adjacent to Maxey Park 65-24-312-812 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Pro-tem (5) Alderson and Councilmen Kastman, Simpson, and Medlock-voting Yea, none voting Nay, that Ordinance No. 4750 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4750 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. 1339: CHANGE LOTS 13 AND 14, BLOCK 74, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO A "C-2" ZONING DISTRICT; SUBJECT TO CONDITIONS: 65-24-312-813 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Pro-tem (7) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4752 be passed on second and final reading. AUG 12�, i M ORDINANCE ORDINANCE NO. 4752 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. 1336: CHANGE LOTS 14 AND 15, EASLEY SUBDIVISION OF BLOCK 31, ROBERTS AND MoWHORTER ADDITION, LUBBOCK COUNTY, TEXAS FROM A "C-4" TO AN "M-1" ZONING DISTRICT. 65-24-313-814 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Pro-tem (8) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4753 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4753 AN ORDINANCE AMENDING ZONING ORDINANCEO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1337: CHANGE A TRACT OF LAND OUT OF SECTION 3, BLOCK 0, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO A "C-4" ZONING DISTRICT; SUBJECT TO CONDITION. 65-24-313-815 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Pro-tem (9) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4754 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4754 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. 1340: CHANGE LOTS 1, 2, 3, 4, 5, BLOCK 5 AND ALL OF BLOCK 2, C. L. VAUGHN ADDITION, CITY OFLUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-4" AND AN "R-2" ZONING DISTRICT TO AN "M-1" ZONING DISTRICT; SUBJECT TO CONDITION: 65-24-313-816 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Pro-tem (12) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4755 be passed on second and final reading. (This ordinance includes some Changes from the same ordinance passed on first reading.) ORDINANCE ORDINANCE NO. 4755 AN ORDINANCE REPEALING ORDINANCE NO. 776 AND AMENDING CHAPTER 13, ARTICLE I OF THE CODE OF ORDINANCES; DEFINING FOOD, POTENTIALLY HAZARDOUS FOOD, ADULTERATED, MISBRANDED, FOOD - SERVICE ESTABLISHMENTS, TEMPORARY FOOD -SERVICE ESTABLISHMENT, HEALTH AUTHORITY, UTENSILS, EQUIPMENT, ETC.; PROVIDING FOR THE SALE OF ONLY UNADULTERATED, WHOLESOME, PROPERLY BRANDED FOOD; REGULATING THE SOURCE OF FOOD; ESTABLISHING SANITATION STANDARDS FOR FOOD, FOOD PRO- TECTION, FOOD -SERVICE PERSONNEL, FOOD -SERVICE OPERATIONS, FOOD EQUIPMENT AND UTENSILS, SANITARY FACILITIES AND CONTROLS, AND OTHER FACILITIES; REQUIRING PERMITS FOR THE OPERATION OF FOOD -SERVICE ESTABLISHMENTS; REGULATING THE INSPECTION OF SUCH ESTABLISHMENTS; PROVIDING FOR THE EXAMINATION AND CONDEMNATION OF FOOD; PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE., AND THE FIXING OF PENALTIES; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS CIAUSE AND PRO- VIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. 65-24-313-817 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Pro-tem (10) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4757 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4757 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. 947-B: CHANGE A TRACT OF LAND OUT OF SECTION 4, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "R-3" ZONING DISTRICT; SUBJECT TO CONDITION. 65-24-313-818 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Pro-tem (6) Alderson and Councilmen Simpson and Medlock voting Yea, Councilman Kastman voting Nay, that Ordinance No. 4751 be passed on second and final reading. nRDINANCE ORDINANCE NO. 4751 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY 0 LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1.335: CHANGE A TRACT OF LAND -OUT OF SECTION 6, BLOCK E, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN "M-l" ZONING DISTRICT. 65-24-313-819 Bids as follows were received for the purchase of 1 - 2-Ton Truck with flat steel bed and (60) hoist for Parks and Recreation Department, being Bid No. 8754. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Pro-tem Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of International Harvester Company for the purchase of this truck. 65-24-313-820 Bids as follows were received for the purchase of fire hydrants and valves, being Bid No. (61) 8747. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Simpson, seconded by ' CouncilmanMedlock motion carried, Mayor Pro-tem Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Darling Valve & Mfg. Co., Dallas for the purchase of items l & 2. Accent the bid of Mueller Comnanv. Chatanooea. Tenn. for the purchase of item 3. 314. !s 12 1965 A- - - 65-24-314-821 Bids as follows were received for the purchase of Miscellaneous Electric items, being Bid No. (62) 8 748 . Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Pro -tern Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Nelson Electric Supply Co. for the purchase of items 1-6 & 9 & 10. Accept the bid of Anderson -Young Electric Co. for the purchase of item 8. - 65-24-314-822 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Pro-tem (15) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4759 be passed as an emergency measure. ORDINANCE ORDINANCE NO. 4759 AN ORDINANCE REPEALING ORDINANCE NO. 4177 HERETOFORE ENACTED IN RELATION TO ZONE CASE N0. 1138; CHANGING LOT 10, BLOCK 8, MORNINGSIDE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BACK FROM AN "M-l" TO AN "R-3" ZONING DISTRICT; DECLARING AN EMERGENCY AND PROVIDING FOR PUBLICATION. ,. 65-24-314-823 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Pro-tem (14a) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to -execute for and on behalf of the City of Lubbock a Street Use License in favor of Robberson Steel, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of August, 1965. ATTEST: ALZZ; Lavenia Lowe, City Secretary-T asurer FORM APPROVED: Fred 0. Senter, Jr., City Attorney LICENSE FOR USE OF PUBLIC WAY THE STATE OF TEXAS COUNTY OF LUBBOCK W: E. 'ALDERSON•, Mayor Pro-tem This License made the 12th day of August, 1965, between the City of Lubbock,a-Home Rule Municipality, herein called "CITY" and the Robberson Steel, Inc. of Lubbock, Texas, herein called "LICENSEE". - WITNESSETH: THAT the parties hereto, for the consideration hereinafter expressed, covenant and agree as follows: - (1) In consideration of the sum of ONE AND NO/100, ($LOO) DOLLARS, cash in hand paid, and and other good and valuable consideration, City hereby grantes LICENSEE a License for the following purpose: to continue use of the end column of an existing monorail hoist at the following designated location: 150.8 feet South and 6.0 feet West of the North west corner of Block 9, Richmond Second Addition to the City of Lubbock, Lubbock County, Texas (2) This License is made subject to the condition that LICENSEE, and the heirs, successors, and assigns of LICENSEE will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants and employees harmless of and from any and all claims, demands, actions, causes of action, suits at law and in equity and costs of whatsoever kind or nature which may grow out of or relate to the making of this License or the exercise by LICENSEE of any privileges granted by this License. (3) LICENSEE shall at all times exercise the privileges granted by this License in such a manner as will not interfere with the public use of the public way at the location hereinabove described and so as not to create any dangerous or hazardous condition thereon, and subject to the supervision of theCity Engineer, LICENSEE shall erect such barricades, warning signs, and other safety devices as may be required by said City Engineer at no expense to CITY. (4) CITY at its election may cancel and revoke this License, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the Post Office, postpaid, addressed to LICENSEE at P. 0. Box 786, Lubbock, Texas. (5) This License and privilege shall not be transferable in whole or in part, and shall not inure to the benefit of any other person, firm, corporation, or organization other than T.Trrwgvv ovrant imnn PvnrAnR written consent of CITY. t 121965 (6) Upon termination of this License, be revocation and/or cancellation by CITY, by mutual consent of the parties hereto or otherwise, LICENSEE shall remove, at no cost to CITY, any or all improvements and appurtenances thereto if any, made or places pursuant to this License if such removal is requested by the CITY. (7) LICENSEE accepts the terms, covenants, and conditions of this License and agrees to be bound thereby, In the event two or more parties execute this instrument as LICENSEE, all covenants and agreements of this License shall be joint and several covenants and agreements of such parties. (8) All covenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by LICENSEE, itssuccessors, legal representatives or assigns, or any subsequent assignee, shall be binding upon CITY without the written consent of CITY in each instance:. LOATTEST: Lavenia Lowe, City Secretary -Treasurer FORM APPROVED: Fred 0. Senter, Jr., City Attorney CITY OF LUBBOCK BY: W. E. ALDERSON W. E. ALDERSON,-Mayor Pro-tem LICENSEE-ROBBERSON STEEL, INC. BY: President 65-24-315-824 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Pro-tem (14b) Alderson and Councilman Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License in favor of Robberson Steel, Inc. attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of August, 1965 W. E. ALDERSON W. E. ALDEKSON; 'Mayor' ro-tem ATTEST:kh-111; /pout e Lavenia Lowe, City Secretary -Treasurer FORM APPROVED: Fred 0. Senter, Jr., City Attorney LICENSE FOR USE OF PUBLIC WAY THE STATE OF TEXAS � COUNTY OF LUBBOCK This License made the 12th day of August, 1965, between the City of Lubbock, a Home Rule Municipality, herein called "CITY" and the Robberson Steel, Inc. of Lubbock, Texas, herein called LICENSEE". WITNESSETH: THAT the parties hereto, for the consideration hereinafter expressed, covenant and agree as follows: (1) In consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS, cash in hand paid, and other good and valuable consideration, City hereby grants LICENSEE a License for the following purpose: to install and maintain one (1) new column for the framework of a new building and crane rail at the following designated location: Within the right of way ofAvenue 0 approximately 3.2 feet South and 1.8 feet East of the Northeast corner of Block 9, Richmond Second Addition to the City of Lubbock, Lubbock County, Texas. (2) This License is made subject to the condition that LICENSEE, AND the heirs, sucessozs, +� and assigns of LICENSEE will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants and employees harmless of and from any and all claims, demands, actions, causes of action, suits at law and in equity and costs of whatsoever kind or nature which may grow out of or relate to the making of this License or the exercise by LICENSEE of any privileges granted by this License. (3) LICENSEE shall at all times exercise the privileges granted by this License in such a manner as will not interfere with the public use of the public way at the location hereinabove described and so as not to create any dangerous or hazardous condition thereon, and subject to the supervision of the City Engineer,iLICENSEE shall erect such barricades, warning signs, and other safety devices as may be required by said City Engineer at no expense to CITY. (4) CITY at its election may cancel and revoke this License, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the Post Office, post paid, addressed to LICENSEE at P. 0. Box 786, Lubbock, Texas. !t; 1 2 1g65 (5) This License and privilege shall not be transferable in whole or in part, and shall not inure to the benefit of any other person, firm, corporation, or organization other than LICENSEE except upon express written consent of CITY. (6) Upon termination of this License, by revocation and/or .cancellation by CITY, by mutual consent of the parties hereto or otherwise, LICENSEE shall remove, at no cost to CITY, any or all improvements and appurtenances thereto if any, made or placed pursuant to this Lic- -nse if such removal is requested by the CITY. (7) LICENSEE accepts the terms, covenants, and conditions of this License and agrees to be bound thereby, In the event two or more parties execute this instrument as LICENSEE, all covenants and agreements of this License shall be ,point and several covenants and agree- ments of such parties. (8) All covenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by LICENSEE, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon CITY without the written consent of CITY in each instance. CITY OF LUBBOCK BY: L1'1 E. ALDEA$ON,;.'Xdyor Pro-tem ATTEST- �&4eolrl .. w'%Yf.,l4l LICENSEE-ROBBERSON STEEL, INC. Lavenia Lowe, City Secretary -Treasurer' BY: 65-24-316-825 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Pro-tem (26) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Lots 1 thru 128, Crestview Addition. WHEREAS, the developers of Lots 1 thru 128, Crestview 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 $28,992.81 with the improvements constructed by Hemphill Contracting Company having a value of $27, 471.56 as determined by the unit prices established by said Chapter 34, and $1.521.25 cash (engineering, wet tie-ins, ,. paving repair, difference in Pro Rata and actual cost) paid to the City, with Jennings Enter - prizes, the developer. 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 specification, 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. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 1965. W. df V. E. ALDERSOIV;' Mayor Pro-tem lJe�a• ATTESTED: ony Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer w APPROVED: Fred 0. Senter, Jr., City attorney 65-24-316-826 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Pro-tem (40) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, the City Council of the City of Lubbock has heretofore determined and now finds that due to increased electrical needs of citizens of the City of Lubbock, it is necessary to locate a pole, electrical transmission lines, guy wires and associated equipment over and on the premises hereinafter described; and, WHEREAS, to accomplish this purpose, it is necessary to acquire an easement over and on the land hereinafter described; and, WHEREAS, J. Paul Newman owns said land, and the value and total damages to the owner for an easement over, under and on the said land have been appraised in the amount of 4800.00 317 and the Council finds said amount to be fair and equitable; NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That an easement over and on the following described land situated in the City of Lubbock, Lubbock County, Texas, be acquired by the City of Lubbock for the purpose of erection, con- struction, and maintenance of electric transmission and distribution lines, a single pole, together with necessary guy wires and other equipment on and over the following described land; BEGINNING at a point 2640 feet West of the Northeast corner of Section 28, Block E-2, Lubbock County, Texas; THENCE South a distance of 246 feet to a point; THENCE West a distance of 30 feet to a point; THENCE North a distance of 70 feet to a point; THENCE West a distance of 70 feet to a point; THENCE North a distance of 20 feet to a point; THENCE East a distance of 70 feet to a point; THENCE North a distance of 156 feet to a Point; THENCE East a distance of 30 feet to the POINT OF BEGINNING. THAT the owner of said land be offered, through the Right of Way Department the amount appraised as the value and total damages for the easement over, under, and on said land for the purposes herein stated, for the use and benefit of the City of Lubbock, and unless accepted forthwith the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of b2bbock to acquire an easement to said land as hereinabove described for power line purposes. Approved and passed by unanimous vote of the City Council this 12th day of August, 1965. 11V. E. ALDERSON r W. "E: AL'DERSON,--Mayor Pfo-tem ATTEST: Lavenia Lowe, City Secretary -Treasurer APPROVED: Fred 0. Senter, Jr., City Attorney 65-24-317-827 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor "'ro-tem (58) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION BEFORE THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS A resolution granting the use of certain city street rights of way by the United States of America for the construction, operation and maintenance of a portion of the Canadian River aqueduct to be constructed under such streets, and providing for acceptance of future dedications by the City subject to the right of the United States of America, its successors and assigns, to operate andmai.ntain the said aqueduct where such dedications cover land in which an easement for such aqueduct is already owned by the United States of America. WHEREAS, the City Council of the City of Lubbock, Texas, did convene on the 12th day of August, 1965, in a regular meeting in said City and State, there being a legally constituted quorum of its members present; and WHEREAS, in its plan for the construction, operation, and maintenance of an aqueduct for the transmission of domestic water to the City of Lubbock and to other cities participating in } the Canadian River Municipal Water Authority, the United States of Americahas determined to use the rights of way of certain streets which have previously beq dedicated to and accepted by the City of Lubbock; and WHEREAS, the City of Lubbo8k ditftpjit to be to the City's best interest in the development. of its domestic water supply under its contract with the Canadian River Municipal Water Auth- ority that the United States of America be permitted to use the said street rights of way for such purposes, and that in all instances involving lands over which the United States of America: has acquired an easement therein for purposes incidental to the construction, operation, and maintenance of such aqueduct, the City of Lubbock shall accept any dedications of such land for public purposes which may be proffered by the owners of the servient estate in such lands sub- ject to the specific provision the the rights of the United States of America to construct, - operate, and maintain an aqueduct across such lands shall be recognized by the City of Lubbock as superior in right to the rights of the City of Lubbock in such lands by reason of such dedication, and without limitation upon the rights of the United States of America under its aqueduct easements; NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, THAT: The United States of America, its successors and assigns, is hereby permitted to use lands underlying Manioca Road (or any other portion thereof necessary for any proposed construc- tion) where it intersects Avenue H &iesa Road), this being the point where Kent Road continues west on the west side of Lubbock Country Club, Lubbock County, Texas, for the construction, 3% AUG 12 1061 operation, and maintenance of a subterranean aqueduct, subject only to the provisions that the k' united States of America shall not unnecessarily disrupt traffic flows along said streets, and upon the completion of any work in such street rights of way such streets shall be returned to a condition at least equal to their condition prior to such work by the United States of America; and, In art' future instances involving the dedication of alnds for public purposes, where such dedications are proffered in and to lands covered by a prior easement to the United States of America for purposes incidental to its construction, operation, and maintenance of the said aqueduct, the City of Lubbock shall accept any such dedications of such lands subject to the rights of the United States of America to construct, operate, and maintain an aqueduct across such lands. PASSED BY THE CITY COUNCIL THIS 12TH DAY OF AUGUST, 1965. ATTEST: A6� � fir L Lavenia Lowe, City Secretary -Treasurer July 28, 1965 Mr. Max Tidmore, Mayor City of Lubbock Lubbock, Texas Dear Mr. Tidmore: Thank you for your letter dated July 8, 1965. W. E. ALDERSON -41,14 W:''E."ALDERSON, Mayor Pro-tem Since the previous resolution did not include right-of-way on Manioca Road, it will be neces- sary to obtain a new resolution before this property can be used by the United States. Enclosed for your review are the original and one copy of a suggested form of resolution. If this resolution meets with your approval, please have the original executed and furnish this office with a certified copy. Thank you for your cooperation. Sincerely yours, /s/ C. 0. Crane Project Construction Engineer 65-24-318-828 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Pro-tem (30) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, to auth- orize final payment to Panhandle Construction Company in the amount $4,554.80 for construction of the Indiana Avenue Water Distribution Mai.:. The contract astiriat-a was $46,896.22 and the final contract cost is $47,348.04. Certificate of Completion Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: August 12, 1965 On August 11, 1965, I inspected the Extension to Indiana Avenue Water Distribution Line, WWO 11378 constructed by Panhandle Construction Company under contract dated April 22, 1965 and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the contractor. Very truly yours, /s/ John T. Hickerson John T. Hickerson Director of Public Works STATE OF TEXAS COUNTY OF LUBBOCK X Before me, a notary public in and for Lubbock County, Texas on this day personally appeared J. R. Moxley, who being duly sworn and on oath says: I, J. R. Moxley, President of Panhandle Construction Company, do hereby represent to the City of Lubbock, and solemnly swear that we, Panhandle Construction Co. executed a con- tract with the City of Lubbock said contract being dated April 22, 1965 for Water Distribution WWO 11378 and that the work and contract has been completed according to the plans and spec- ifications pertaining to the project and that all labor, materials, supplies, and other costs including equipment rentals and all expense items in connection with said project have been paid in full. I further represent and affirm that all federal, state, and municipal laws were sub- stantially complied with by us in doing and carrying out the job and project herein referred to and that we paid the applicable scale of wages and that this affidavit is made to secure payment from the City of Lubbock to us the full and final monies due us under said contract. Witness my hand the 4th day of August, 1965. AUG 12196; Subscribed and sworn to by J. R. Moxley before me, this tha 4th day of August, 1965. /s/ Gene H. Edwards Gene H. Edwards Notary Public in and for Lubbock County, Texas 65-24-319-829 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Pro-tem (31) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4760 be passed as an emergency measure. ORDINANCE ORDINANCE NO. 4760 AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON THE FOLLOWING STREETS IN'THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO -WIT: On both sides of E. 19th Street beginning at Guava Avenue and extending east to Loop 289. AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;; PROVIDING THAT STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE; DECLARING AN EMERGENCY; AND PRO- VIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. 65-24-319-830 In accordance with the Zoning Hearing of record in Minute Book 24, Page 286, hearing was held, (13) after having been continued from July 8, 1965, City Council meeting on Zone Case No. 1338 - Request of W. C. Burden to change property located on the south side of 23rd Street, about 172' west of College Avenue from "R-1" to "R-2 " zoning district. Mrs. 0. P. Harlan, Sr. appeared in support of this zone change request. R. W. Workman and King Sides of 2505 and 2506 24th Street appeared in protest. After consideration of all facts presented motion was made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Pro-tem Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea,none voting Nay to DENY this request for change of zone from "R-l" to "R-2". 65-24-319-831 (28) .r NOTICE TO BIDDERS WWO 11385 Sealed proposals addressed to the Honorable Mayor and City Council, Post Office Box 2000, Lubbock, Texas, attention Director of Public Works, will be received in the office of the Director of Public Works in the City Hall, 916 Texas Avenue, until 2:00 P.M. July 27, 1965, for DRILLING AND DEVELOPING SIX WATER WELLS,LEAGUE 204, BAILEY COUNTY, TEXAS. The City Council will consider the bids on July 29, 1965, in the City Hall, subject to the right to reject any or all bids and to waive formalities. Bids may not be withdrawn after they are submitted and any bid received after closing time will be returned unopened. Bidders are required to submit a cashier's or certified check or bid bond -in the amount of five percent (5%) of the total bid and the successful bidder shall provide bond in the full amount of the contract price executed by a surety company authorized to do business in Texas. Plans and specifications are on file in the office of the City Engineer, City Hall, Post Office Box 2000, Lubbock, Texas. ATTEST: eon Lavenia Lowe, City Secretary -Treasurer CITY OF LUBBOCK, TEXAS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR WATER WORKS DRROV'4WNTS CONSISTING OF CITY OF LUBBOCK, T BY: W. E. ALDERS W. E._ALD SON, Mayor Pro-tem DRILLING & DEVELOPING SIX WATER WELLS SANDHILLS WATER REPORT W.W.O. NO. 11385 ADDENDUM #1 The date that the City Council will consider bids on this project is herein changed from July 29, 1965, to August 12, 1965. The date that bids will be received remains July 27, 1965, 'until 2:00 P.M., as advertised in the NOTICE TO BIDDERS. This addendum shall be signed and made a part of the contract documents. s John T. Hickerson John T. Hickerson Director of Public Works Bidder By: Title: 3` AUG 121965 4 In accordance with the above Notice to Bidders, bids as follows were opened on July 27, 1965 for drilling and developing six water wells. Bid Tabulation set in Bid Book. After consideration of the information set out in the above Water Well Development Prograc� and the bids set out above, motion was made by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Pro-tem Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay to authorize acceptance of the bid of Walco Drilling Company, Hereford, for drilling eight water wells instead of six, as stated in notice, in the Sandhills Water Wells Fields for a total cost of $31,077.00. The mayor being therefore authorized to enter into contract. 65-24-320-832 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Pro-tem (29) Alderson and Councilmen Kastman, Simpson,and Medlock voting Yea, none voting Nay, that Ordinance No. 4761 be passed on first. reading.. - AN APPROPRIATION ORDINANCE ORDINANCE NO. 4761 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Projects The sum $37,712.90 For the following purpose: Drilling & Developing Six Water Wells Sandhills Water Project, WWO 11385 Contract Bid Price $23,308.00 Two Additional Wells 7,769.05 Material & Labor by City 4,840.00 $35,917.05T Engineering & Contingencies 5% 1.795.85 $37,712.90 65-24-320-833 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Pro-tem (33) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4762 be passed as an emergency measure. j. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4762 L 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: Electric Bond Fund The sum $150.75 For the following purpose: Reduce Electric Bond Fund .Q.rdinance #4512 by $150.75. 65-24-320-834 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried,Mayor Pro-tem (34) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4763 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4763 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, 1, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFLUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Electric Bond Fund The sum $150.75 For the following purpose: Increase Electric Bond Fund Appropriation Ordinance #4478 by $150.75. 65-24-320-835 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Pro-tem (39) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4764 be passed on first reading. ORDINANCE ORDINANCE NO. 4764 AN ORDINANCE ABANDONING AND CLOSING THE NORTH -SOUTH ALLEY BETWEEN LOT 254, OAKWOOD ADDITION AND LOT 1, OSTEOPATHY ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SAID PROPERTY_ 32 AUG 12 1955 65-24-321-836 (39) 65-24-321-837 (45 ) s aq NRt_kgp by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Pro-tem Alderson and Councilmen 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 Quitclaim Deed to Merchants Fast Motor Lines, Inc., attached herewith which shall be spread upon the minutesof the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. ^� Passed by the City Council this 12th day of August, 1965. ALDERS W:-E.-AT,DERSON, Mayor Pro -ten. ATTEST: Lavenia Lowe, City Secretary -treasurer FORM APPROVED: Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I . THAT the City of Lubbock, a Home Rule MunicipaleCorporation, of the County of'Lubbock, State of Texas, acting by and through its duly authorized officer, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS and other good and valuable consideration -to it in hand paid by Merchants Fast Motor Lines, Inc. does hereby BARGAIN, SELL, RELEASE and FOREVER QUITCLAIM unto the said Merchants Fast Motor Lines, Inc., its successors and assigns, all of the City of Lubbock's right, title and interest in and to that portion of the C. L. Vaughn Addition, an addition to the City of Lubbock, described as follows: BEGINNING at the Northeast corner of Lot 1, Block 5, C. L. Vaughn Addition to the City of Lubbock, Lubbock County, Texas; THENCE West a distance of 295 feet to the Northwest corner of Lot 5, Block 5, of said C. L. Vaughn Addition; THENCE North a distance of 20.0 feet to.the Southwest corner of Block 2 of said addition; THENCE East adistance of 295 feet to the Southeast corner of Block 2 of said addition; THENCE South a distance of 20 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileg+ and appurtenances thereto in any manner belonging unto the said Merchants Fast Motor Lines, Inc., its usccessors and assigns forever, so that neither the grantor nor its successors or assigns, nor any person or persons claiming under the grantor shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. WITNESS MY HAND at Lubbock, Texas on this 12th day of August, i ATTEST: Ai�ewo ove Lavenia Lowe, City Secretary -Treasurer 1965. W. E. ALDERSON W'. E."ALDERSON;-'Mayor Pro-tem Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Pro-tem Alderson and Councilman Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION A resolution authorizing the conveyance of the alley lying South of and from the South property line of 3rd Street and North of and from the North Property line of the Panhandle and Santa Fe Railway Company right of way and lying between Lots 11 on the West and Lots 8, 9, and 10 on the East in Block 1, William A. Tubbs Addition to the City of Lubbock, u Lubbock County, Texas and authorizing and directing the Mayor to execute a conveyance of L. E. Davis, W. D. Jones, James Earl Jones, Richard M. Jones, Mrs. Margaret MacGregor, Mrs. Irene Jones Fowler, Larren L. Jones, Mrs. Evelyn Jones Baird and Marvin F. Jones. WHEREAS the alley lying South of and from the South Property line of 3rd Street and North of and from the North property line-bf the Panhandle and Santa Fe Railway Company right of way and lying between Lot 11 on the West and Lots 8, 9, and 10 on the East in Block 1, William A. Tubbs Addition to the City of Lubbock, Lubbock County, Texas, is no longer needed for any public purpose and has been closed and abandoned by Ordinance No. 810 and, WHEREAS, it would be to the public interest that the closed portion of said alleys be conveyed to L. E. David, W. D. Jones, James Earl Jones, Richard M. Jones, Mrs. Margaret MacGregor,. Mrs. Irene Jones Fowler, Larren L. Jones, Mrs. Evelyn Jones Baird and Marvin F. Jones, in order that such land may beplaced on the tax roll of the City of Lubbock, NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 322 AUG 1 2196S SECTION 1. THAT the Mayor of the City of Lubbock is hereby dutho�rized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed to L. E. David, W. D. Jones, James Earl Jones, Richard M. Jones, Mrs. Margaret MacGregor, Mrs. Irene Jones Fowler, Larren L. Jones, Mrs. Evelyn Jones Barid and Marvin F. Jones, Lubbock County, Texas, covering the following described property located in Lubbock.County, Texas, to -wit: The alley lying South of and from the South property line of 3rd Street and North of and from the North property line of the Panhandle and Santa Fe Railway Company right of way and lying between Lot 11 on the West and Lots 8, 9, and 10 on the East in Block 1, William A. Tubbs Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the City Secretary shall attest the signature of the Mayor to said Deed and shall affix the.seal of the City of Lubbock thereto. Passed by the City Council this 12th day of August, 1965. ATTEST: �llr Lavenia .owe, City Secretary -Treasurer QUIT CLAIM DEED THE STATE OF TEXAS X uv F. ALDERSON W..'' E`T-ALDERSON97,Mayor Fro-tem KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I THAT the City of Lubbock, a Home Rule Municipality of the County of Lubbock and State of Texas, for and in consideration of the sum of ONE AND N01100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by L. E. David, W. D. Jones, James Earl Jones, Richard M. Jones, Mrs. Margaret MacGregor, Mrs. Irene Jones Fowler, Larren L. Jones, Mrs. Evelyn Jones Baird and Marvin F. Jones, grantees of theCounty of Lubbock and State of Texas, the receipt of which is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, and FOREVER QUIT CLAIM unto the said grantees, their heirs and assigns, all its right, title, and interest in and to that certain tract of parcel of land lying in the County of Lubbock and State of Texas more particularly described as follows, to -wit: The alley lying South of and from the South property line of 3rd Street and North of and from the North property line of the Panhandle and Santa Fe Railway Company right of way and lying between Lot 11 on the West and Lots 8, 9r, and 10 on the East in Block 1, William A. Tubbs Addition to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said L. E. David, W. D. Jones, James Earl Jones, Richard M. Jones, Mrs. Margaret MacGregor, Mrs. Irene Jones Fowler, Larren L. Jones, Mrs. Evelyn Jones Baird and Marvin F. Jones, their heirs and assigns forever, so that neither the said City of Lubbock nor its successors and assigns nor any person or persons claiming under it shall, at any time hereafter, have, -claim or demand any right or rirle to the aforesaid premises or appurtenance, -or any part thereof. WITNESS my hand at Lubbock, Texas this 12th day of August, 1965. CITY OF LUBBOCK r BY: W. E. ALDERSON f!/�► W, �. E:'�ii'f7EltSON,,:-Mayor ATTEST: Pro-tem Lavenia Lowe, City Secretary -Treasurer 65-24-322-838 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Pro-tem (48) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, to auth- orize appointments and confix-,.- : by the City Council and County Couunissioners Court of the following persons to the Community Action Board (this being in connection with the Federal Government's "War OnPoverty"): Pete Mojica Mrs. Bob C. Thomas Earnest Davis D. M. McElroy Jorge Moreno Alfred Smith Dr. Jim Granberry Lucille Marcus Representing Neighborhoods Representing Neighborhoods Representing Neighborhoods Living inside the City Limits {iving inside the City Limits Living inside the City Limits Living inside the City Limits Living inside the City Limits Other members being: W. E. Medlock, County Judge Rodrick L. Shaw, Mark i$ailey, Archie Huckabee, J. C. Chambers, William S. Smith, Milton Kirksey, T. J. Wallace, Wayne W. Webb, Jack Kassahan. 65-24-322-83 9 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Pro-tem (16) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, the City Council has heretofore determined that the City would contribute the customary city portion of the cost of street paving improvements, as determined by City of Lubbock paving policy, to be constructed in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting 50th Street have requested permission to have pavement improvements constructed on the afore- mentioned street and the paving of said street is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, w 6396 SJ f_J4, AUG 121965 separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the abovementioned plans and specifications under the supervision of the City Engineer, and the said owners desire that the City contribute its customary share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $2,200.77, the total cost not over $2,310.81, and the City's share in connection therewith would not exceed $777.69, leaving the property owner's portion not -to exceed $1,533.12, such costs being well within the current prices for paving obtained by competitive bidding, and that such payment to be made by the City is reasonable, fair, and just to the abutting property owners, the City and all other persons affected thereby, and that the sum of $777.69 will be duly budgeted, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specifications for paving on the street herein described, provided that such plans and specifiea-: tion meet the usual requirements for paving on streets within the corporate limits 6f the City - of Lubbock; said streets being as follows, to -wit: S 1/2 of 50th Street from its intersection with the centerline of Raleigh Avenue to its inter- section with the West Property Line of Lot 8-A, Block 8, Sylvan Dell Heights, known and designated as Unit Number 2142. The City Engineer is further authorized and directed -to duly inspect said paving con- struction on said street and to require strict compliance with the approved plans and specifica- tion, and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Council, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of the cost of the abovementioned improvements a stun not to exceed $667.65 which is the City's share ($777.69) less $110.04 engineering, leaving the amount due the contractor from the property.owners not to exceed $1,533.12.', This $1,533.12 has been paid into the City's paving extension fund by the property owner.. . Section 2. This.authority is conditioned that the owners of abutting property and the contractor will pay for all material and labor and costs incidental to such construction, indemnify the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, that the said owners of abutting property willcause such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said streets and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum of $667.65 to the contractor. On motion of Councilman Kastman, seconded by Councilman Simpson, the foregoing resolution was unanimously passed by the City Council this 12th day of August, 1965. W . E. ALD ERSON W. E. ­ALDLR,SON; Mayor Pro-tem ATTEST:46/111fll Lavena Lowe, City Secretary -Treasurer The owners of abutting property on the Contractor, do hereby accept and agree considerations therein stated. ATTEST: /s/ Johnnie L. Howell Secretary -Treasurer APPROVED: John T. Hickerson, City Engineer APPROVED: abovementioned street, and Kerr Construction Company, to fully abide by the foregoing provisions for the JOHNSON, GRANBERRY & JOHNSON Owners /s/ Paul A. Johnson By, KERR CONSTRUCTION CO. CONTRACTORS By Jsl _James C. Kerr Pres. Fred 0. Senter, Jr., City Attorney 65-24-323-840 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Pro-tem (17) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with Kerr Construction Company (GWO 10460) for the making and construction of street and/or alley improvements ,on portions of numerous alleys, streets and/or avenues in said City including among others the following: Flint Avenue from its intersection with the South Property Line of Colgate Street to its inter- section with the North Property Line of Baylor Street, known and designated as Sub -Unit Number 5 of Unit Number 2130. 32 , IUG 121965 Flint Avenue from its intersection with the South Property Line of Baylor Street to its inter- section with the North Property Line of Bates Street, known and designated as Sub -Unit Number 6 of Unit Number 2130. Flint Avenue from its intersection with the South Property Line of Bates Street to its inter- section with the North Property Line of Auburn Street, known and designated as Sub -Unit Number 7 of Unit Number 2130. Flint Avenue from its intersection with the South Property Line of Auburn Street to its inter- section with the North Property Line of Amherst Street, known and designated as Sub -Unit Number 8 of Unit Number 2130. Flint Avenue from its intersection with the South Property Line of Amherst Street to its inter- section with the North Property Line of lst Street, known and designated as Sub -Unit Number 9 of Unit Number 2130. Flint Avenue from its intersection with the South Property Line of lst Street to its inter- section with the North Property Line of lst Place, known and designated as Sub -Unit Number 10 of Unit Number 2130. Flint Avenue from its intersection with tie South Property Line of lst Place to its intersection with the North Property Line of 2nd Street, known and designated as Sub -Unit Number.11 of Unit Number 2130. Flint Avenue from its intersection with a line 7 feet North of the South Property Line of 2nd Street to its intersection with a line 5 feet North of the North Property Line of 2nd Place, known and designated as Sub -Unit Number 12 of Unit Number 2130. Flint Avenue from its intersection with a line 5 feet South of the•South Property Line of 2nd Place to its intersection with a line 9 feet South of the North Property Line of 3rd Street, known and designated as Sub -Unit Number 13 of Unit Number 2130. Elgin Avenue from its intersection with a line 2.5 feet.North of the North Property Line of the alley South of Erskine to its intersection with a line 7.4 feet North of the North Property Line of Erskine Street, known and designated as Sub -Unit Number 14 of Unit Number 2130. Elgin Avenue from its intersection with the North Property Line of Colgate Street to its inter- section with the South Property Line of Cornell Street, known and designated as Sub -Unit Number 15 of Unit Number 2130. Elgin Avenue from its intersection with the South Property Line of Colgate Street to its inter- section with the North Property Line of Baylor Street, known and designated as Sub -Unit Number 16 of Unit Number 2130. r Elgin Avenue from its intersection with the South Property Line of Baylor Street to its inter- section with a line 5 feet North of the North Property Line of Bates Street, known and designated as Sub -Unit Number 17 of Unit Number 2130. Elgin Avenue from its intersection with a line 5 feet South of the South Property Line of Bates Street to its intersection with the North Property Line of Auburn Street, known and designated as Sub -Unit Number 18 of Unit Number 2130. Elgin Avenue from its intersection with the South Property Line of Auburn Street to its inter- section with the North Property Line of Amherst Street, known and designated as Sub -Unit Number 19 of Unit Number 2130. Elgin Avenue from its intersection with the South Property Line of Amherst Street to its inter- section with the North Property Line of 1st Street, known and designated as Sub -Unit Number 20 of Unit Number 2130. Elgin Avenue from its intersection with the South Property Line of lst Street to its intersec- tion with the North Property Line of lst Place, knownand designated as Sub -Unit Number 21 of Unit Number 2130. Auburn Street from its intersection with a line 2 feet West of the East Property Line of Gary Avenue to its intersection with the West Property Line of Flint Ave., known and designated as Sub -Unit Number 22 of Unit Number 2130. Gary Avenue from its intersection with the South Property Line of Emory Street to its inter- section with the North Property Line of Duke Street, known and designated as Sub -Unit Number 23 of Unit Number 2130. Gary Avenue from its intersection with the South Property Line of Duke Street to its intersec- tion with a line 12 feet South of the North Property Line of Dartmouth Street (West Leg), known and designated as Sub -Unit Number 24 of Unit Number 2130. Flint Avenue from its intersection with a line 5 feet South of the South Property Line of Duke Street to its intersection with a line 12 feet South of the North Property Lane of Dartmouth Street, known and designated as Sub -Unit Number 25 of Unit Number 2130. Flint Avenue from its intersection with a line 12 feet North of the South Property Line of Dartmouth Street to its intersection with the North Property Line of Cornell Street, known and designated as Sub -Unit Number 26 of Unit Number 2130 Detroit Avenue from its intersection with a line 2.5 feet South of the South Property Line of the alley North of Erskine Street to its intersection with a line 18 feet North of the North Property Line of Erskine Street, known and designated as Sub -Unit Number 27 of Unit Number 2130. Detroit Avenue from its intersection with a line 2 feet North of the North Property Line of Erskine Street to its intersection with the North Property Line of Emory Street, known and designated as Sub -Unit Number 28 of Unit Number 2130. AUG 121965 ohm Detroit Avenue from its intersection with the South Property Line of Emory Street (West Leg) to ;its intersection with the North Property Line of Duke Street (West Leg) known and designated as Sub -Unit Number 29 of Unit Number 2138. Detroit Avenue from its intersection with the�South Property Line of Duke Street (East Leg) to its intersection with the North Property Line of Dartmouth Street (East Leg), known and des- ignated as Sub -Unit Number 30 of Unit Number 2130. Avenue J from its intersection with a line 12 feet 'forth of the South Property Line of 23rd Street (West Leg) to its intersection with a line 8 feet South of the South Property Line of 24th Street (West Leg), known and designated as Sub -Unit Number 2 of Unit Number 2131. Avenue J from its intersection with a line 8 feet South of the South Property Line of 24th Street (West Leg) to its intersection with a line 12 feet South of the North Property Line of 25th Street (West Leg), known and designated as Sub -Unit Number 3 of Unit Number 2131. Gary Avenue from its intersection with a line 2 feet South of the South Property Line of Amherst Street (East Leg) to its intersection with a line 2 feet North of the North Property Line of 1st Street (West Leg), known and designated as Sub -Unit Number 9 of Unit Number 2131. Gary Avenue from its intersection with a line 2 feet South of the South Property Line of 1st Street (East Leg) to its intersection with a line 2 feet North of the North Property Line of 1st Place (West Leg), known and designated as Sub -Unit Number 10 of Unit Number 2131. Gary Avenue from its intersection with a line 2 feet South of the South Property Line of 1st Place (East Leg) to its intersection with a line 2 feet North of the North Property Line of 2nd Street (West Leg), known and designated as Sub -Unit Number 11 of Unit Number 2131. Hartford Avenue from its intersection with a line 2 feet South of the South Property Line of 1st Street to its intersection with a line 2 feet North of the North Property Line of 1st Place, known and designated as Sub -Unit Number 12 of Unit Number 2131. Hartford Avenue from its intersection with a line 2 feet South of the South Property Line of 1st Place to its intersection with a line 2 feet North of the North Property Line of 2nd Street, known and designated as Sub -Unit Number 13 of Unit Number 2131. Gary Avenue from its intersection with a line 2 feet South of the South Property -Line of Dart- mouth Street (East Leg) to its intersection with a line 2 feet North of the North.Property Line of Cornell Street, known and designated as Sub -Unit Number 14 of Unit Number 2131. Gary Avenue from its intersection with a line 2 feet South of the South Property Line of Cornell, Street to its intersection with a line 2 feet North of the North Property Line of Colgate Street: (West Leg), known and designated as Sub -Unit Number 15 of Unit Number 2131. Gary Avenue from its intersection with a line 2'feet South of the South Property Line of Colgate. Street (East Leg) to its intersection with a line 2 feet North of the North Property Line of Baylor Street (West Leg), known and designated as Sub -Unit Number 16 of Unit Number 2131. Gary Avenue from its intersection with a line 11.58 feet South of the South Property Line of Baylor Street (West Leg) to its intersection with a line 2 feet North of the North Property Line of Bates Street (West Leg), known and designated as Sub -Unit Number 17 of Unit Number 2131.- Amherst Street from its intersection with the East Property Line of Canton Avenue to its inter- section with a line 11 feet West of the West Property Line of Boston Avenue, known and designates as Sub -Unit Number 18 of Unit Number 2131. Oak Avenue from its intersection with the North Property Lineof the Idalou Raod to its inter- section with a line 4 feet North of the South Property Line of 17th Street (North Leg), known and designated as Sub -Unit Number 24 of Unit Number 2131. 3rd Street from its intersection with a line 8 feet West of the West Property Line of Flint Avenue to its intersection with the West Edge of the Maddox Addition, known and designated as Sub -Unit Number 48 of Unit Number 2131. Erskine Street from its intersection with a line 5 feet East of the East Property Line of Flint Avenue to its intersection with a line 5 feet West of the West Property Line of Elgin Avenue, known and designated as Sub -Unit Number 4 of Unit Number 2132. Erskine Street from its intersection with a line 5 feet East of the East Property Line of Elgin Avenue to its intersection with a line 8.65 feet West of the West Property Line of Detroit Avenue (South Leg), known and designated as Sub -Unit Number 5 of Unit Number 2132. Hartford Avenue from its intersection with a line 3 feet South of the South Property Line of Auburn Street (West Leg) to its intersection with a line 12 feet South of the North Property Line of Amherst Street, Known and designated as Sub -Unit Number 8 of Unit Number 2132. East 46th Street from its intersection with a line 51,6 feet West of the East Property Line of Avenue A (North Leg) to its intersection with a line 1224.80 feet East of the East Property Line of Avenue A (North Leg) known and designated as Sub -Unit Number 4 of Unit Number 2134. Avenue B from its intersection with a line 10.0 feet South of the South Property Line of 9th Street to its intersection with a line 10.0 feet South of the South Property Line of 10th Street, known and designated as Sub -Unit Number 1 of .Unit Number 2135. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract (GWO 10460). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: IG 126 111G I. That the improvements on said portions of the abovementioned alleys, streets, and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost, and release escrow. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys, streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after irs passage. PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 1965. ATTEST:A6�ezz; 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: W. E. ALDERSON W. 'ET :RLDER. N,. y Pro-tem August 12, 1965 I have examined the paving improvements constructed by Kerr Construction Company, paving contractor, under their contract dated January 28, 1965, designated as G.W.O. 10460 and find the improvements on Detroit, Elgin, Flint, Gary, Hartford, 3rd Street, Amherst, Auburn, Erskine, Oak Avenue from 17th Street to Idalou Road, E. 46th Street from Avenue A to 1224.8 feet East of Avenue A and Avenue J from 23rd Street to 24th Street as listed on the final estimate and assessment sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authorizing payment to the Contractor the amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock and issue assignable certificates against property owners for the respective amounts shwon on the attached final assessment sheets as being due against them and their respective properties. Yours very truly, /s/ John T. Hickerson John T. Hickerson City Engineer CONSOLIDATED FINAL ESTIMATE GWO 10460 Accepted August 12, 1965 UANTITIES S. Y. S. Y. S. Y. S. Y. C. Y. Gal. Unit & Paving L. F. Alley Valley Re-sur- Extra Extra Sub -Unit Location 6" Base C & G Return Gutter facing Rock Asphalt 2130-5 Flint Ave. from the SPL of 794.16 574.80 21.06 Colgate to NPL of Baylor 2130-6 Flint Ave. from SPL of Bay---794.16 574.80 21.01 lot to NPL of Bates 2130-7 Flint Ave. from SPL of 796.29 581.20 20.32 Bates to NPL of Auburn 2130-8 Flint Ave.. from SPL of 794.16 574.80 20.07 Auburn to NPL of Amherst 2130-9 Flint Ave. from SPL of 794.16 574.80 20.53 Amherst to NPL of 1st St. 2130-10 Flint Ave, from SPL of 1st 794.16 574.80 20.57 St. to NPL of lst Place 2130-11 Flint Ave. from SPL of 1st 800.36 593.40 20.06 Place of NPL of 2nd St. 2130-12 Flint Ave. from 7' N. of 879.70 608.80 20.23 29,07 47.11 SPL of 2nd St. to 5' N. of NPL of 2nd Place r.r AUG 121965 S. Y. S. Y. S. Y. S. Y. C. Y. Gal. Unit & Paving L. F. Alley Valley Re-sur- Extra Extra Sub -Unit Location 6" Base C & G Return Gutter facing Rock .,Asphalt 2130-13 Flint Ave. from 5' S. of SPL 840.33 623.92 20.86 82.89 of 2nd Place to 9' S. of NPL of 3rd St. 2130-14 Elgin Ave. from 2.5' N. of 762.19 359.44 NPL of alley S. of Erskine to 7.4' N. of NPL of Erskine _ 2130-15 Elgin Ave. from NPL of Colgate 866.67 600.00 17.33 + to SPL of Cornel 1 2130-16 Elgin Ave. from the SPL of 794.16 574.80 " 20.39 17.33 Colgate to NPL of Baylor 2130-17 Elgin Ave. from SPL of Baylor 779.71 564.80 20.36 17.33 to 5' N. of NPL of Bates - 2130-18 Elgin Ave. from 5' S. of SPL 779.71 564.80 19.87 17.33 of Bates to NPL of Auburn I 2130-19 Elgin Ave. from SPL of Auburn 794.16 .574.80 21.33 17.33 ito NPL of Amherst 2130-20 Elgin Ave. from SPL of Amherst 794.16 574.80 20.76 17.33 to NPL of Ist St. 2130-21 Elgin Ave. from SPL of lst St. 794.16 574.80 21.21 17.33 $ to NPL of lst Place 2130-22 Auburn St. from 2' W. of EPL 1019.64 745.60 26.67 I of Gary to WPL of Flint - 2130-23 Gary Ave. from SPL of Emory 866.67 624.00 21.33 to NPL of Duke k! 2130-24 Gary Ave. from SPL of Duke to 775.45 558.12 21.33 12' S. of NPL of Dartmouth (W. Leg) �. 2130-25 Flint Ave. from 5' S. of SPL 779.78. 561.12 21.33 of Duke to 12' S. of NPL of Dartmouth 2130-26 Flint Ave. from 12' N. of SPL 904.00- 641.12 21133 of Dartmouth to NPL of Cornell 2130-27 Detroit Ave. from 2.5' S. of 400.11 249.00 the SPL of the alley-N. of Erskine to 18' N. of NPL of Erskine 'I 2130-28 Detroit Ave. from 2' N. of 1215.48 629.04 11.56 NPL of Erskine to NPL of Emory 2130-29 Detroit Ave. from the SPL of 847.45 586.70 17.33 Emory(W. Leg) to NPL of Duke (W. Leg) 2130-30 Detroit Ave. from the SPL of 708.36 490.40 17.33 Duke (E. Leg)' to NPL of Dart- mouth (E. Leg) 2131-2 Ave. J. from 12' N. of SPL of 1681.80 487.68 2.00 150.00 -- 23rd(W. Leg) to 8' S. of SPL of 24th(W. Leg) 2131-3 Ave. J from 8' S.of-SPL of 1424.22 735.70 1.50 92.00 24th St. (W. Leg) to 12' S. of NPL of 25th, (W. Leg) 2131-9 Gary Ave. from 2' S. of SPL 930.13 555.70 24.11 10.67 i of Amherst(E. Leg) to 2' N. of NPL of lst St. (W. Leg) 2131-10 Gary Ave. from 2' S. of SPL of 931.56 556.40 23.76 21.33 1st St. (E. Leg) to 2' N. of NPL of ist Place (W. Leg) 2131-11 Gary Ave. from 2' S. of SPL of 930.31 555.80 24.11 10.67 lst Place (E. Leg) to 2' N. of NPL of 2nd St. (W. Leg) 2131-12 Hartford Ave. from 2' S. of 963.56 574.00 24.89 10.67 lst St. to 2' N. of NPL of 1st Place 2131-13 Hartford Ave. from 2' S. of - 963.56 574.00 24.89 2 G 1205 S. Y. Unit & Paving Sub -Unit Location 6" Base S. Y. L. F. Alley C & G Return S. Y. Valley Gutter S. Y. Re-sur facing C. Y. Extra Rock Gal. Extra Asphalt 2131-14 Gary Ave. from 2' S. of SPL 1044,06 616.16 16.00 95.68 of Dartmouth(E. Leg) to 2' N. of NPL of Cornell 2131-15 Gary Ave. from 2' S. of SPL 1163.19 725.09 27.09 68.23 of Cornell St. to 2' N. of NPL of Colgate St.(W. Leg) 2131-16 Gary Ave. from 2' S. of SPL 929.60 555.40 22.35 of Colgate St.(E. Leg) to 2' N. of NPL of Baylor St. (W. Leg) 2131-17 Gary Ave. from 11.58' S. of 928.39 572.72 21.87 6.00 SPL of Baylor St.(W. Leg) to 2' N. of NPL of Bates St.(W. Leg) 2131-18 Amherst St, from EPL of Can-2112.00 1188.00 ton Ave. to 11' W. of WPL of Boston Ave. 2131-24 Oak Ave. from NPL of Idalou 1298.94 708.60 31.11 44.35 Hwy. to 4' N. of SPL of 17th St.(N. Leg) 2131-48 3rd St. from 8' W. of WPL 1224.89 345.40 14.22 of Flint to W. Edge of Maddox Add. 2132-4 Erskine Ave. from 5' E. of 1647.30 740.30 EPL of Flint to 5' W. of WPL of Elgin 2132-5 Erskine Ave, from 5' E. of 1805.84 815.40 EPL of Elgin to 8.65' W. of WPL of Detroit(D. Leg) 2132-8 Hartford Ave, from VS. of 1178.00 577.56 9.78 17.12 SPL of Auburn(W. Leg) to 12' S. of NPL of Amherst 2134-4 E. 46th from 51.6 W. of 6370.42 2037.00 26.11 EPL of Ave. A(N. Leg) to 1224.8' E. of EPL of Ave. A.(N. Leg) 2135-1 Ave. B from 10' S. of SPL 2091.00 615.64 102.83 45.33 of 9th St. to 10' S. of SPL of 10th St. TOTALS 50,788.11 28,291.21 670.02 149.02 651.35 3.50 242.00 COST ESTIMATE 50,788.11 S. Y. Paving @ $1.65 $ 83,800.38 28,291.21 L. F. C & G @ 1.55 43,851.38 670.02 S. Y. Alley Returns @ 5.95 3,986.62 149.02 S. Y. Valley Gutter @ 6.00 894.12 651.35 S. Y. Resurface @ 1.00 651.35 3.50 C. Y. Extra Rock @ 5.00 17.50 242.00 Gal. Extra Asphalt @ .12 29.04 gQNTRACT COST $133,230.39 COST DISTRIBUTION Unit & Sub -Unit Contract Cost .Property Owner Cost City Escrow to to be Contractor Released 2130-5 2,326.61 1,819.24 507.37 2130-6 2,326.31 1,819.24 507.07 2130-7 2,335.64 1,819.24 516.40 2130-8 2,320.72 1,819.24 501.48 2130-9 2,323.46 -1,819.24 504.22 2130-10 2,323.69 1,819.24 504.45 2130-11 2,359.72 1,819.24 540.48 2130-12 2,737.04 1,902.40 834.64 2130-13 2,560.63 -1,902.40 658.23 2130-14 1,814.75 987.96 826.79 2130-15 2,377.33 2,312.46 64.87 2130-16 2,339.95 1,819.24 520.71 2130-17 2,300.43 1,819.24 481.19 2130-18 2,297.52 1,819.24 478.28 2130-19 2,345.55 1,819.24 526.31 2130-20 2,342.16 1,819.24 522.92 2130-21 2,344.83 1,819.24 525.59 2130-22 2,864.76 3,02,6.45 - 161.69 2130-23 2,524.12 2,041.66 482.46 2130-24 2,271.49 1,629.24 642.25 2130-25 2,283.29 1,629.24 654.05 11 .d. w, w. AUI Property City Escrow Unit &,;. Contract Owner to to be Sub -Unit Cost Cost Contractor Released 2130-27 1,046.13 1,027.83 18.30 2130-28 2,922.11 2.089.62 902.49 2130-29 2,325- 01 1,929.81 395.20 2130-30 1,946.24 1,583.15 363.09 2131-2 3,558.87 3,527.75 31.12 2131-3 3,508.84 3,911.90 - 403.06 2131-9 2,550.17 1,970.57 579.60 2131-10 2,562.20 1,973.31 588.89 2131-11 2,550.63 1,970.96 579.67 2131-12 2,638.34 2.034.36 603.98 2131-13. 2,627.67 2.034.36 593.31 2131-14 2,868.63 2,151.68 716.95 2131-15 3,272,57 2,234.55 1,038.02 2131-16 2,527.69 1,969.40 558.29 2131-17 2,555.69 1,966.73 588.96 2131-18 5,326.20 6,116.03 - 789.83 2131-24 3,471.04 1861.31 729.00 880.73 2131-48 2,570.66 1:743.83 6.03 820.80 �. 2132-4 3,865.51 4,045.15 - 179.64 f! 2132-5 4,243.51 3,912.23 - 218.15 549.43 2132-8 2,999.83 2,710.48 289.35 2134-4 13,823.90 13,440.04 - 1,045.99 1,429.85 2135-1 5.066.70 3,895.25 1,171.45 TOTALS 133,230.39 111,088.83 18,460.75 3,680.81 I �. 65-24-329-841 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Pro-tem I (18) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. I 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 Lot 1, Block 5, Burlington Industrial Addition #2 made arrangements with Kerr Construction Company for the construction of paving improvements on certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the sbudivision plat of Lot 1, Block 5, Burlington Industrial Addition including the following street: East 46th Street from the East line of Lot 1, Block 40, Suburban Homes Addition to 275 feet East of the East Property Line of Lot 1, Block 40, Suburban Homes Addition known and designated as New Subdivision Unit Number 1571. AND WHEREAS, the construction of the above improvements on the abovementioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to dirAet the payment of th City's portion of the cost and to release escrow money. Ix. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 1965. . E. AIDE %SON ATTESTW:.: E-.-ALDERs614, Mayor ro-tea : ��/fir (�f..� li La.venia Lowe, City Secretary APPROVED: John T. Hickeraon, City Engineer APPROVED: -- Fred 0. Senter, Jr., City Attorney August 12, 1965 f I � Honorable Mayor and City Council Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Kerr Construction Company, paving contractor, under their contract with the subdividers of Lot 1, Block 5, Burlington Industrial Addition #2, and find the improvements on East 46th Street from 660, West of Globe Avenue to 385' West of Globe 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 13 f IUr 121985 Yours very truly, /s/ Jahn T. Hickerson John T. Hi.ckerson City Engineer CONSOLIDATED FINAL ESTIMATE BURLINGTON INDUSTRIAL ADD. #2 LOT 1, 8LOCK 5 Accepted August 12, 1965 QUANTITIES S. Y. Unit & Paving L. F. Sub -Unit Location 6 " Base C. & G. NS 1571 E. 46th St. from the E. Line of Lot 1, Block 1466.67 550.00 40, Suburban Homes Add. to 275' E. of the E. Line of said Lot 1 "' + COST ESTIMATE .ice 1466.67 S. Y. Paving @ $1.65 2,420.01 550.00 L. F. C & G @ 1.55 852.50 $ 3,272.51 COST DISTRIBUTION Escrow Unit & Contract to be Sub -Unit Cost Released NS 1571 $ 3,272.51 $ 3,272.51 65-24-330-842 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Pro -tern (19) Alderson and Councilmen 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 Bacon Heights Addition, Lots 81-180, made arrangements with Kerr Construc- rr- tion 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 Bacon Heights Addition Lots 81-180 including the following streets: �~ 53rd Street from its intersection with a line 16.00 feet West of the East Property Line of Slide Road to its intersection with a line 3.00 feet West of the West Property Line of the alley East of Slide Road, known and designated as New Subdivision Unit Number 1519. 53rd Street from its intersection with a line 3.00 feet West of the West Property Line of the alley West of Wayne Avenue to its intersection with a line 16.00 feet West of the West Property Line of Utica Avenue, known and designated as New Subdivision Unit Number 1520. East one half Slide Road from its intersection with a line 3.00 feet South of the South Pro- perty Line of the alley North of 53rd Street to its intersection with a line 22.85 feet South of the South Property Line of 53rd Street (concrete only) known and designated as a part of New Subdivision Unit Number 1521. Wayne Avenue from its intersection with a line 3.00 feet South of the South Property Line of the alley North of 53rd Street to its intersection with a lire 15.00 feet North of the North Property Line of 53rd Street and from its intersection with a line 15.00 feet South of the South Property Line of 53rd Street to its intersectioarwith a line 15.00 feet North of the North Property Line of 54th Street, known and designated as New Subdivision Unit Number 1522. West one half of Utica Avenue from its intersection with a line 3.00 feet South of theSouth Property Line of the alley North of 53rd Street to its intersection with the center line of .T- 54th Street, known and designated as a part of New Subdivision Unit Number 1523. North one half of 54th Street from its intersection with a line 16.00 feet West of the West Property Line of Utica Avenue to its intersection with the West Property Line of Lot 151, Bacon Heights Addition, known and designated as a part of New Subdivision Unit Number 1524. 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 If'RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. .3 ATTEST: y 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: ALDERSW qk W E:. ALDEKSO ; I ro- August 12, 1965 I have examined the paving improvements constructed by Kerr Construction Company, paving contractor, under their contract with the subdividers of Bacon Heights Addition, Lots 81-180 and find the improvements on 53rd Street from Slide Road to Utica Avenue, North half of 54th Street Utica Avenue to West Line Lot 151, East half Slide Road from 53rd to the alley North, Wayne Avenue from alley North of 53rd to 54th Street and West half of Utica Avenuealley north of 53rd to 54th Street as listed on the final estimate sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authorizing payment to the contractor the amount shown on the attached consolidat final estimate sheet as due them by the City of Lubbock. Yours very truly, /s/ John T. Hickerson John T. Hickerson City Engineer CONSOLIDATED FINAL ESTIMATE BACON HEIGHTS ADDITION LOTS 81-180 Acce ted August 12 1965 IT IES S. Y. - S. Y. Unit Location Paving L. F. Alley 6" Base C-& G Return NS 1519 53rd St. from 16' W. of the EPL of Slide Rd. to 3' W. of the WPL of the alley E. of Slide Rd.; - Bacon Hts. 1,264.27 622.27 Baptist Church 1,264.27 622.27 NS 1520 53rd St. from 3' W. of the WPL of 7,159.31 3,875.08 13.33 the alley W. of Wayne Ave. to 16' W. of the WPL of Utica Ave. Part of NS 1521 E 1/2 of Slide Rd. from 3' S. 105.08 of the SPL of the alley N. of 53rd St. to 22.85' S. of the SPL of 53rd St. (concrete only) NS 1522 Wayne Ave. from 3' S. of the SPL 1,213.26 702.46 26.67 of the alley N. of 53rd St. to 15' N. of the NPL of 53rd St. and 15' S. of the SPL of 53rd St. to 15' N. of the NPL of 54th St. Part of NS 1523 W 1/2 of Utica Ave. from 3' S. of 130.76 467.04 12.22 the SPL of the alley N. of 53rd St. to the b of 54th St. Part of NS 1524 N 1/2 54th St. from 16' W. of the WPL of Utica Ave. to the W. Lot Line of 151, Bacon Heights Sub -totals 130.76 1,929.54 Bacon Heights 9,898.36 7,701.47 52.22 Baptist Church 1,264.27 622.27 TOTALS 11,162.63 8,323.74 52.22 COST ESTIMATE 11,162.63 S. Y. Paving 8,323.74 L. F. C & G 52.22 A. Y. Alley Returns @ 1.45 $ 16,185.81 @ 1.40 11,653.24 @ 4.50 234.99 $ 28,074.04 COST DISTRIBUTION Unit Contract Bacon Heights Baptist Church Cost Cost Cost NS 1519 NS 1520 Part of NS 1521 NS 1522 Part of NS 1523 Part of NS 1524 TOTALS 5,408.74 15,866.09 147.11 2,862.69 898.45 2,704.37 15,866.09 147.11 2,862.69 898.45 2,704.37 2,890.96 2,890.96 28,074.04 25,369.67 2,704.37 65-24-332-84'3 Motion by Councilman Kastman, seconded by Council3manSimpsm, motion carried, Mayor Pro-tem (20) Alderson and Councilmen iCastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES. -.AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with Pioneer Pavers, Inc. (GWO 10450) for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: East 50th Street from its intersection with a line 18.00 feet East of the East Property Line of Quirt Avenue (North Side) to its intersection with the East Line of Lot 15, Block 4, Clutter Addition to the City of Lubbock, known and designated as Sub -Unit Number 3 of Unit Number 2121. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract (GWO 10450). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned alleys, streets, and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby auth- orized to direct payment of the City's portion of the cost, and release escrow. II. That the Mayor and City Secretary be and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys, streets and/or avenues listed above and against the owners of such property in accordance with law and in the wanner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 1965 ATTEST: //!d Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney Honorable Mayor andCity Council Lubbock, Texas W . E. ALDERS0014 _ r 7"_ " r l AA Aid W.'E.-ALDERSON, Mayor Pro-tem '=ugust 12, 1965 I-r- W_ •r T� "r- Gentlemen: I have examined the paving improvements constructed by Pioneer Pavers, Inc., paving contractor, under their contract dated March 6, 1964, designated as GWO 10450 and find the improvements on East 50th Street from Quirt Avenue to the East Line of Lot 15, Block 4, Clutter Addition as listed on the final estimate and assessment sheet to have been completed ;n annnrrinnnn Tait-k the nlone n"A and rarnmmanri r1,21- sin» arrant tha imnrnATPMPnYC AU6 121965 attached consolidated final estimate sheet as due them by the City of Lubbock and issue assignable certificates against property owners for the respective amounts shown on the attached final assessment sheets as being due against them and their respective properties. CONSOLIDATED FINAL ESTIMATE GWO 10450 Accepted August 12, -,1965 UANTITIES Yours very truly, /s/ John T. Hickerson John T. Hickerson City Engineer Unit & Sub -Unit Location S. Y. Paving 9" Base L. F. C & G S. Y. Valley Gutter 2121-3 East 50th St. from 18' E. of the 23,089.29 4,962.60 I 83.27 8PL of Quirt Ave. (N. Side) to the E. Line of Lot 15, Block 4, Clutter Addition TOTALS 23,089.29 4,962.60 I 83.27 COST ESTIMATE 23,089.29 S. Y. 9" Paving @ 1.78 $ 41,098.94 4,962.60 L. F. Curb & Gutter @ 1.46 7,295.02 83.27 S. Y. Valley Gutter @ 5.20 433.00 CONTRACT COST $ 48.826.96 COST DISTRIBUTION Property Escrow Unit & Contract Owner City to to be Sub -Unit Cost Cost Contractor Released 2121-3 48.826.96 36,030.52 10,617.26 2,179.18 TOTALS $48,826.96 36,030.52 10,617.26 2,179.18 65-24-333-84 4 - Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Pro-tem (22) Alderson and Councilmen 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 Crestview Addition, Lots 1-128, made arrangements with Pioneer Pavers, Inc. for the construction of paving improvements on certain streets dedicated in said subdivision plat of Crestview Addition, Lots 1-128 including the following streets: 50th Street from its intersection with a line 16.00 feet West of the West Property Line of Quaker Avenue to its intersection with the'North End of radius on Richmond Avenue, known and designated as New Subdivision Unit Number 1509. Richmond Avenue from its intersection with a line 30.00 feet North of the North Property Line of 59th Street to its intersection with a line 3.00 feet North of the alley North of 59th Street, known and designated as a part of New Subdivision Unit Number 1510. 60th Street from its intersection with the East end of the cul-de-sac East of Raleigh Avenue to its intersection with the West Property Line of Lot 72, Crestview Addition, known and designated as New Subdivision Unit Number 1511.- 61st Street from its intersection with a line-16.00 feet Westof the West Property Line of Quaker Avenue to its intersection with the West,Lot Line of Lot 109•, Creatvi6w'Addition, known and designated as New Subdivision Unit Number 1512. North one-half of 62nd Street from its intersection with a line 16.00 feet West of the West Property Line of Quaker Avenue to its intersection with the West Lot Line of Lot 110, Crestview Addition (concrete only), known and designated as a part of New Subdivision Unit Number 1513. Raleigh Drive from its intersection with a line 25.98 feet'South of the South Property Line of 60th Street (East Leg) to its intersection with a line 8.66 feet North of the North Property Line of 61st Street (East Leg) and from its intersection with a line 25.98 feet South of the South Property Line of 61st Street (East Leg) to its intersection with a line 8.66 feet North of the North Property Line of 62nd Street (East Leg), known and designated as a part of New Subdivision Unit Number 1514. Raleigh Avenue from its intersection with a line 15.00 feet South of the South Property Line of 59th Street tb its intersection with a line 15.00 feet North of the North Property Line of 60th Street, known and designated as New Subdivision Unit Number 1515. 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 begn constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. 3 UG 121965 z. 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 12TH DAY OF AUGUST, 1965. T W_ E. ALDERSON ,. . i W: E.­ALDERSON,.Mayo'r Pro-tem ATTEST: Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney August 12, 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 Crestview Addition, Lots 1-128, and find the improvements on 59th Street from Quaker Avenue to Richmond Avenue, 60th Street from the cul-de-sac to West Line of Lot 72, 61st Street from Quaker Avenue to West Line of Lot 109, 62nd Street from Quaker Avenue to West Line of Lot 110, Richmond Avenue,f58th to 59th Street, Raleigh Dr. from 60th St. to 62nd and Raleis'fi Avenue from 59th Street to 60th Street as listed on the final estimate sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock. Yours very truly, /s/ John T. Hickerson John T. Hickerson City Engineer CONSOLIDATED FINAL ESTIMATE CRESTVIEW ADDITION LOTS 1-128 Accepted August 12, 1965 UANTITIES S. Y. S. Y. S. Y. L. F. S. Y. Concrete 2-course 6" Com- Paving Alley Drainagettie-in @ pacted Unit Location 6" Base C & G Return Blocks 59th & Quaker Caliche NS 1509 59th St. from 16' W. of the 3,580.04 1,956.65 23.67 WPL of Quaker Ave.to-ithe N. End of Radius at Richmond Ave. Part of NS 1510 Richmond Ave, from 30' N. of 426.67 244.00 13.33 the NPL of 59th St. to 3' N. of the alley N. of 59th St. NS 1511 60th St. from the cul-de-sac 5,044.84 2,523.00 21.06 E. of Raleigh Ave. to the WPL of Lot 72 Crestview NS 1512 61st Street from 16' W. of 5,083.75 2,568.88 the WPL of Quaker Ave. to the W. Lot Line of Lot 109 Crest- view Add. Part of NS 1513 N 1/2 of 62nd St. from 16' 1,152.78 W. of the WPL of Quaker Ave. to the W. Lot Line of Lot 110 Crestview Add. (concrete only) Part of NS 1514 Raleigh Drive from 25.98 feet'1.; 73.45 1,083.14 56.42 S. of the SPL of 60th St.(E. Leg) to 8.66' N. of the NPL of 61st St.(E. Leg) and 25.98" S. of SPL of 61st St. (E. Leg) to 8.66' N. of the 3 217.00 660.82 T' .L- IT. T e AN 12 465 0 NS 1515 Raleigh Ave. from 15' S. 867.56 508.00 26.67 of the SPL of 59th St. to 15' N. of the NPL of 60th St. TOTALS 16,576.31 10,036.45 141.15 3 217.00 660.82 COST ESTIMATE 16,576.31 S. Y. Paving @ 1.43 23,704.12 10,036.45 L. F. Curb & Gutter @ 1.40 14,051.03 141.15 S. Y. Alley Returns @ 4.50 635.17 3.00 Concrete drainage blocks @25.00 75.00 217.00 S. Y. 2-course paving @ 1.08 234.36 660.82 S. Y. 6" Compacted caliche @ .73 482.39 CONTRACT COST $ 39,182.07 Intersection revision @ 61st & Quaker $ 600.00 COST DISTRIBUTION Unit & Sub -Unit Contract Cost Property Owner Cost NS 1509 8,199.64 8,199.64 Part of NS 1510 1,011.72 1,011.72 NS 1511 10,916.09 10,916.09 NS 1512 10,866.19 10,866.19 Part of NS 1513 1,613.89 1,613.89 Part of NS 1514 4,502.71 4.502.71 NS 1515 2,071.83 2.071.83 TOTAL $ 39.182.07 39,182.07 65-24-335-845 Motion by Councilman Kastman, seconded by Councilman Mediock, motion carried, Mayor Pro-tem (21) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the - following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformancewith the paving requirement provisions of City Ordinance 1331, the subdivider of Alford Terrace Addition, Lots 424, 501-511, made arrangements with Pioneer Pavers, Inc. for the construction of paving improvements on certain street dedicated in said subdivision under the provisions of said Ordinanceprior to the recording of the subdivision plat of Alford Terrace Addition, Lots 424, 501-511, including the following street: 11th Street from its intersection with a line 3.00 feet West of the East Lip Line of Bangor Avenue to its intersection with a line 3.00 feet East of the West Lip Line of Slide Road plus alley stubs on Bangor Avenue and Albany Avenue designated as New Subdivision Unit Number 1453. AND WHEREAS, the construction of the above improvements on the abovementioned street was performed under the supervision of the City Engineer, and said improvements have been completed i and have been inspected and found to have been constructed in accordance with City specifica- tions and in accordance with the provisions of City Ordinance 1331. MEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 1965. W. E. ALDERSON W. E. ALHERSON, Mayor ro-ten ATTEST: Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney UG 12 1%5 August 12, 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 Alford Terrace Addition, Lots 424, 501-511, and find the improvements on 11th Street from -Slide Road to Bangor Avenue a:s listed on the final estimate sheet to have been completed in accordance with the plans and specifica- tions and recommend that you accept the improvements on said streets and/or avenues, authoriz- ing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock. Yours very truly, /s/ John T. Hickerson John T. Hickerson City Engineer CONSOLIDATED FINAL ESTIMATE ALFORD TERRACE ADDITION LOTS 424-501-511 Accepted August 12, 1965 QUANTITIES S.Y. Paving L. F. S.Y. Alley S.Y.Valley Unit Location 6" Base C & G Return Gutter NS 1453 llth St.from 3' W. of the 4,292.61 2,434.16 149.73 105.09 E. Lip Line of Bangor Ave. to 3' E. of the W. Lip.Line of Slide Rd. and alley stubs on Bangor Ave. and Albany Ave. TOTALS -4,292.61 2,434.16 COST ESTIMATE 4,292.61 S. Y. of Paving @ 1.45 $ 6,224.28 2,434.16 I.. F. of Curb & Gutter @ 1.40 3,407.82 149.73 S. Y. of Alley Returns @ 4.50 673.79 105.09 S. Y. of Valley Gutter @ 5.00 _ 525.45 $ 10,831.34 COST DISTRIBUTION Property Contract Owner Unit Cost Cost NS 1453 10,831.34 10,831.34 TOTAL $ 10,831.34 10.831.34 149.73 105.09 65-24-336-846 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Pro-tem (25) Alderson and Councilmen Simpson and Medlock voting Yea, Councilman Kastman. voting Nay, that the following Resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Lots 323 thru 440, Melonie Park Addition. WHEREAS, the developers of Lots 323 thru 440, 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 $36,390.09 with the improvements constructed.by Panhandle Construction Company having a value of $33,792.90 as determined by the unit prices established by said Chapter 34, and $2,597.19 cash (engineering, wet tie-ins, paving repair difference in Pro Rata and actual cost) paid to the City, with Kastman Development Company, the developer, to receive a refund of $2,092.42 in accordance with Chapter 34 of the Code of the City of Lubbock and a refund of deposit in the amount of $442.29 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 refund of the refundable cost in the amount of $2,092.42 be made in accordance with said Chapter 34. 3. That a refund of deposit be made in the amount of $442.29. 4. This resolution shall take effect and be in force from and after its passage. 11 %a_ T 33' AUG x z �sss ATTEST: 491.0, i Lavenia we, City Se retary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney W. E. ALDERSON, Mayor Pro-tem 65-24-337-847 Motion by Councilman Kastman, seconded by CouncilmanMedlock, motion carried, Mayor Pro-tem (23) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the Subdivider of John W. Jarrott Addition, Lots 2 & 3, Block 3, made arrangements with Roy Chastain Construction Co. for the construction of paving improvements on certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the sub- division plat of:John W. Jarrott Addition, Lots 2 & 3, Block 3, including the following street: The South Access Road from the center line of the drainage easement along the West Side of Lot 2, Block 3, John W. Jarrott Addition to the West line of Lot 1, Dora Henson Addition, known and designated as New Subdivision Unit Number 1440. AND WHEREAS, the construction of the above improvements on the abovementioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in.accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 1965. _W, E. ALDERSON 04 W. E. ALDER50N,. -Mayor Pro, ATTEST: `!!� Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney August 12, 1965 Honorable Mayor and City Council Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Roy. Chastain Construction Co., paving contractor, under his contract with the subdividers of John W. Jarrott Addition, Lots 2 and 3, Block 3, and find the improvements on the south access road to 19th Street at Peoria 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, /s/ John T. Hickerson John T. Hickerson City Engineer CONSOLIDATED FINAL ESTIMATE JOHN.W. JARROTT ADDITION LOTS 2 &-3, BLOCK 3 Accepted August 12, 1965 338 AUG 12 05 QUANTITIES Unit & Paving L. F. Valley C. Y. Sub -Unit Location 6 " Base C & G Gutter Embankment NS 1440 South Access Road to 19th Street 1,745.57 540.00 68.06 693.88 from the center line of the drainage easement along the W. line of Lot 2 to the W. line of Lot 1 Dora Henson Add. COST ESTIMATE Lump Sum Bid $3,800.00 _ COST DISTRIBUTION Property Unit & Contract Owner Sub -Unit Cost Cost NS 1440 $3,800.00 $3,800.00 65-24-338-848 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Pro-tem (27) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Lots 56 thru 831, Plainsman Addition WHEREAS, the developers of Lots 56 thru 83, Plainsman Addition have complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water -and sewer improvements for said addition in accordancewith paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $11,496.90 with the improvements constructed by Hemphill Contracting Company having a value of $10,820.63 as determined by the unit prices established by said Chapter 34, and $876.37 cash (engineering, wet tie-ins, paving repair, defference in Pro Rata and actual cost) paid to the City, with Jennings Enter - prizes, the developer, to receive a refund of $4,719.30 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 specification, 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 waterand sewage system of the City of Lubbock. 2. That refund of the refundable cost in the amount df $4,719.30 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 1965. W. E. ALDER$ON,. Mayor Pro-tem ATTEST: Lavenia Lo e, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney 65-24-338-849 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Pro-tem (41) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, to auth- orize purchase of 5.374 acres of land in Lake #18 from Wes Owen and purchase of 1.911 acres of land in Lake #18 from C. E. Rankin. This land is in Smithlawn Heights Addition and is by purchase for $3,642.50. Legal Description - Purchase of land from -Wes Owen A parcel of land out of the Southwest 1/4 of Section 6, Block E, Lubbock County, Texas, more fully described as follows: BEGINNING at a point which is 1357.0 feet South and 30.0 feet East of the Northwest corner of said Southwest 1/4 of Section 6, Block E; THENCE North a distance of 74.5 feet to a point; Ir• 1 . �r. THENCE East a distance of 185.0 feet to a point; THENCE North a distance of 450.0 feet to a point; THENCE East a distance of 420.0 feet to a uoint in the West rieht of wav line of Cedar -.- '33 AUG 121965 Heights Addition to the City of Lubbock, Lubbock County, Texas; i THENCE South, along the West right of way line of said Cedar Avenue, a distance of 524.5 I, feet to a point; I� THENCE West a distance of 605.0 feet to the POINT OF BEGINNING. i /s/ Joseph Morahan Joseph Morahan Right of Way Agent I Legal description - Purchase of land from C. E. Rankin A parcel of land out of the Southwest 1/4 of Section 6, Block E, Lubbock County, Texas, more fully described as follows: BEGINNING -at a point which is 15.0 feet South of the Southwest corner of Block 3, Smith- ,1awn'Heights Addition to the City of Lubbock, Lubbock County, Texas, said point being 832.5 feet South and 30.0 feet East of the Northwest corner of said Southwest 1/4 of Section 6, Block E; THENCE South a distance of 450.0 feet to a point; THENCE East a distance of 185.0 feet to a point; THENCE North a distance of 450.0 feet to a point; THENCE West a distance of 185.0 feet to the POINT OF BEGINNING and containing 1.911 acres of land. u t /s/ Joseph Morahan Joseph Morahan Right of Way Agent 65-24-339-850 Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Pro-tem (41a) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, @rdinance':,:� No. 4765 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4765 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for anapproved 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 $3,642.50 For the following purpose: 1. 42,687.00 for purchase of 5.374 acres of land at $500.00 per acre in Lake No. 18 South of the Smithlawn Heights Addition from Wes Owen. 2. $955.50 for purchase of 1.911 acres of land at $500.00 per acre in Lake No. 1S South of the Smithlawn Heights Addition from C. E. Rankin. 65-24-339-851 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Pro -tern (43) Alderson and Councilmen Kastman, Simpson, and Medlock voting.Yea, none voting Nay, to authorize payment of $180.00 to John B. Steele, Jr. for crop damages s4tained due to the installation of a water line along the north side of his property on the south side of the Slaton Highway (U. S. Highway 84). The temporary working easement used was a strip of land 35 feet in width southerly from and adjoining the southerly right of way line of U. S. Highway 84 and extending a distance of 2777.2 feet and containing 2.231 acres of land, more or less, in Section 3 and 4, Block S, Lubbock County, Texas. 65-24-339-852 IN THE MATTER X BEFORE THE CITY COUNCIL (50) OF OF TROY S. WATSON, JR. THE CITY OF LUBBOCK, TEXAS TO THE HONORABLE CITY COUNCIL: COMES NOW the Board of Electrical Examiners for the City of Lubbock and the City Electrical Inspector, Glenn Moore, Appellees, and would show the following: JURISDICTION On the 20th day of July, 1965, the Board o£'Electrical Examiners convened, a quorum being present, in the Council Room of City Hall to hear evidence on the written charges filed against Troy S. Watson, Jr.,by the City Electrical Inspector, Mr. Glenn Moore, alleging violation of Section 11A-71 of the Electrical Code of the City of Lubbock in that Mr. Watson did allow apprentices to engage in the work of installing and erecting materials, wiring, fixtures and other apparatus to be used for the utilization of electricity for light, heat or power without working under the direct supervision of a licensed electrician. The charges having been filed with the said Board of Electrical Examiners by the Electrical Inspector and a copy of said charges along with a notice of this hearing having been served on Mr. Watson at least ten (10) days prior to said hearing, and all parties being present and )represented by counsel, evidence was presented on the charges. Mr. Watson was heard in person and by counsel and was given an 0 Roo 12 WA Upon consideration of all the evidence presented, it was the finding of said Board that Troy S. Watson, Jr., did violate Sec. 11A-71 of the Electrical Code of the City of Lubbock as charged by the complaint; therefore, it was ordered that the certificate of qualification held by Troy S. Watson, Jr. be suspended for ten (10) days beginning at 12:01 A. M. on the day following the personal service of the order of suspension on Troy S. Watson, Jr. by the Secretary of said Board. Personal service was had on Mr. Watson at 10:35 o'clock A. M. on July 23, 1965, by the Secretary of the Board of Electrical Examiners. On that same date Mr. Watson secured an order from the 72nd District Court staying the suspension until such time as final action is taken thereon by this Honorable City Council either affirming, modifying or vacating the finding of the Board This Council has jurisdiction to hear this appeal under Sec. lIA-65 of the Lubbock City Code. - SUMMARY OF FACTS On at least five separate- occasions as shown on the Complaint the City Electrical Inspector caught apprentices in the employ of Troy S. Watson, Jr. engaging in the work of installing and erecting material, wiring, fixtures and other apparatus to be used for the utilization of electricity for light, heat or power without working under the direct super- vision of a licensed electrician. The dates of the violation charged and their location are as follows: 3314 59th on 5-25-65 3314 59th on 5-26-65 5407 48th on 5-21-65 5303 48th on 6-3-65 4646 52nd on 5-3-65 These violations at said dates and locations are undisputed, except for the date for the violation at 4646 52nd Street. In fact, Mr. Watson does not deny any of the charges, but he merely argues that dueto extenuating circumstances it was necessary for him to violate the Electrical Code requirements. ARGUMENT Sec. 11A-1 of the Electrical Code defines "Direct Supervision" to mean "supervision of work by a supervisor who shall be either a licensed journeyman electrician or a licensed master electrician, who shall be available at the job site or installation at all times any electrical work is in progress." When asked what he believed constituted direct supervision, Jr. Watson stated on cross-examination: "A. Well, I would think that a man is under direct supervision if he can pick up that radio and call me within five or ten minutes and me be on that job to answer any ... question while the job is done, because he don't have to --he don't have to stand there and wait, there are a few odds and ends he can do like strip out a plug or install a plug or a switch or light fixture that any second week apprentice can do. "Q. -So you believe an apprentice would be under direct supervision if he could get you out be radio in five or ten minutes? "A. An apprentice, yes...." (S.F. 52) Mr. Watson admitted that the Board had sent out a letter with its requirements as to "direct supervision" and that he had received such a letter and that the Board's requirement coincided with the Code (S.F. 72 & 82). Mr. Watson admitted that he had broken the law (S.F. 82), but that he was compelled to do so by a simple matter of economics (S.F. 83). Mr. Watson removed all doubt as to his violation of the Electrical Code when he made the following statement: "Mr. Watson: Well, I will admit that I knowingly violated the ordinance in accordance with the way it was written and everything and the Board's interpretation of direct supervision." (S.F. 85) The Electrical Code must be enforced or it become a nullity. Mr. Watson claims that he was forced to break the law because some of his men quit him without giving him sufficient notice, but his sworn testimony shows that he operated contrary to the ordinance because he did not interpret its requirements the same as the Board. If every man is allowed to interpret a law as he sees fit and to operate under his own interpretation even though it is contrary to the interpretation of the duly constituted authority, then we will no longer have any law enforcement in this City. The safety and well being of the Citizens of this City require protection from the dangerous practices followed by Mr. Watson. CONCLUSION The ten (10) day suspension is fair and reasonable under all the circumstances and the Appellees pray that the order of the Board of Electrical Examiners be in all things affirmed. Respectfully submitted, /s/ J. B. Joiner Chairman Pro Tem Board of Electrical Examiners NOTICE OF INTENTION TO APPEAL DECISION OF BOARD OF ELECTRICAL EXAMINERS 34 Avg 121%6 Oft COMES NOW TROY S. WATSON, JR., the undersigned, and in accordance with the provisions of Sec. lIA-65 of the Electrical Code of the City of Lubbock, Texas, being a part of the Code of Ordinances of the City of Lubbock, Texas, hereby given written notice of his intention to appeal that certain decision of the Board of Electrical Examiners of the City of Lubbock, Texas, dated the 22nd day of July, 1965, which constituted an order -of suspension against the certificate of qualification as a Master Electrician under the Electrical Code of the City of Lubbock held by said Troy S. Watson, Jr., suspending such certificate of qualification for ten (10) days beginning at 12:01 A.M. on the day following the personal service of said order of suspension upon said Troy S. Watson, Jr., such personal service taking place on the 23rd day of July, 1965. WHEREFORE, premises considered, the undersigned prays that this appeal be set for hearing before the City Council of the City of Lubbock at the earliest date and time convenient to thkt bbody, and that upon the termination of such hearing the.order of suspension above described be by said City Council affirmed, modified or vacated as from the merits of the matter may to them appear proper. /s/ Troy S. Watson, Jr., TROY S. WATSON, JR. THE ABOVE AND FOREGOING WRITTEN NOTICE OF INTENTION TO APPEAL DECISIONCF'THE BOARD OF ELECTRICAL EXAMINERS OF THE CITY OF LUBBOCK, TEXAS, WAS RECEIVED AND FILED IN THE'OFFICE OF THE CITY SECRETARY_ OF THE CITY OF LUBBOCK, TEXAS, THIS THE 30TH DAY OF JUIA 1965. LAAN TA LOWE City Secretary -Treasurer IN THE MATTER X BEFORE THE CITY COUNCIL OF X OF THE TROY S. WATSON, JR. CITY OF LUBBOCK, TEXAS ORDER On the 12th day of August, 1965, this Council convened, a quorum being present, to hear evidence on the appeal by Mr. Troy S. Watson, Jr. from an order of the Board of Electrical Examiners of the City of Lubbock suspendingthe certificate of qualification held by Mr. Watson for a period of ten (10) days for violating Section 11A-71 of the Electrical Code of the City of Lubbock. All parties being present and represented by counsel, evidence was presented on the charges. Mr. Watson was given an opportunity to present any and all evidence denying said charges. Upon consideration of all the evidence presented, it is the finding of the City Council of the City of Lubbock that Troy S. Watson, Jr. did violate Section 11A-71 of the Electrical Code as charged by the complaint and that the order of the Board of Electrical Examiners be sustained in all things; therefore it is ordered that the certificate of qualification held by Troy S. Watson, Jr., be suspended for ten (10) days beginning at 12:01 A. M. on the day following the personal service of this order on Troy S. Watson, Jr. The officer making such service shall certify the date and time of service on his return. This Order is entered this 12th day of August, 1965. MAYOR PRO TEM CITY OF LUBBOCK In accordance with the hearing of Troy S. Watson, Jr., before the Board of Electrical Examiners, the City Council heard the appeal of Mr. Watson, Electrical Contractor, wherein it was requested by Mr. Watson and his attorney, Jim Brewster, that his operations not be suspended for a period of ten days as ordered by the Board of Electrical Examiners of the City of Lubbock. After consideration of all information preseatsd at this time motion was made by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Pro-tem Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the decision of the Board of Electrical Examiners of the City of Lubbock in this case be upheld. 65-24-341-853 (52) Park Commission i City of Lubbock Lubbock, Texas i� Gentlemen: July 2, 1965 An office building is to built on Lot One, Block One, B. C. Wells Subdivision of Lot One, Block Fourtesn,.Alta Vista-Acies Addition to the City of Lubbock County, Texas, and known as 2201 40thl Street. This is under the low water mark, and the city is requiring a fill to bring it up above this mark. They have estimated that it will take from 1,200 to 1,500 cubic yards of dirt. We respectfully request that we be granted permission to take this dirt from K. N. Clapp Park Lake area. We will cooperate with you in taking this dirt from the places you so designate. Your consideration and early approval of this request will be appreciated. Yours very truly, J. W. CHAPMAN & SONS /s/ Harold Chapman Harold Chapman The City Council considered the request of J. W. Chapman & Sons, as set out in the above letter, 42 uG 1219� 65-24-342-854 (53) 65-24-342-855 (53a) 65-24-342-856 (54) 65-24-342-857 (55) 65-24-342-858 (57) and motion was made by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Pro-tem Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize removal of approximately 850 cubic yards of dirt from the lake area in K. N. Clapp Park, said area to be designated by the City Engineer. The dirt to be removed to Lot 1, Block 4, B. C. Wells Subdivision at no chargefor the dirt, at which total expense of re- moving the dirt to be born by J. W. Chapman and Sons. Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Pro-tem Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, to auth- orize installation of playground equipment in amount of $10,550 on 0. W. Ribble Park. Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Pro-tem Alderson and Councilman Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4767 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4767 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund,>to-wit: Park Bonds The sum $10,550.00 For the following purpose: To install complete playground on 0. W. Ribble Park at 58th and Ave. U. To include: paving, masonry work, landscaping and Play Equipment --also Water System revision. Motion by Councilman Simpson, seconded by Councilman Medlock, motion carried, Mayor Pro-tem Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, to pass Ordinance No. 4768 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4768 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bonds The sum $10,000.00 For the following purpose: To construct and pave concrete parking lot adjacent to J.B. Maxey Community Center at 30th and Oxford. Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Pro-tem Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, to pass Ordinance No. 4766 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4766 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Funds The sum $9,467.62 For the following purpose: For paving improvements constructed adjacent to A. M. Leftwich Park in the South 1/2 of 60th Street from Elgin Avenue to Gary Avenue and in the West 1/2 of Elgin Avenue from 60th Street to the drainage channel North of 62nd Street. To: The City of Lubbock This is to advise that my son David W. Howard was injured in an accident at Bodges Community Center on Friday the 16th of April, 1965. He was playing ping pong and on completion of the game, in putting up the table the table fell and broke his toe. The nail became infacted and had to be removed. The toe was X-rayed and found to be broken. A complete doctor bill can be furnished at a later date. Names of witnesses can be furnished if necessary. We have lived at the address below for more than a year. /s/ Mrs. Bob HoT4ard 4407-A Canton Lubbock, Texas Phone SW 5-8595(home) PO 3-5083(ofc.) •r 'r- +T 1 THE SIGNATURE OF MRS. BOB HOWARD WAS NOTARIZED THIS DATE. May 14, 1965 Robert F. Bailey Notary Public for Lubbock ,w� �1612 INS Motion by Councilman Medlock, seconded by Councilman Simpson, motion carried, Mayor Pro-tem Alderson and Councilman Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorfze the claim of Mrs. Bob Howard to be DENIED. 65-24-343-859 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Pro-tem (64) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize the price and conditions for the disposition and sale ofproperty in the Urban Renewal Area. 1. Lot 10, Block 6, Wheelock's Second Addition from the Urban Renewal Agency of the City . of Lubbock to Vera M. Mitchell for $1,300.00. 2. Lot 12, Block 3, Sieber Addition from the Urban Renewal Agency of the City of Lubbock to Rosa Lee Hibbler for $1,300.00. 3. Lots 5 and 6, Block 42, Wheelock's Second Addition from the Urban Renewal Agency of the City of Lubbock to Paul Hemanes for $2,600.00. The above referred to lots are to be developedwith single-family dwellings in accordance with the Urban Renewal Plan. 4. Lot 16, Block 12, Scharbauer's Subdivision of Block 12, Wheelock's Second Addition and 12.5' of E. 23rd Street abutting said lot on the north from the Urban Renewal Agency to Mt. Vernon Methodist Church for $1,635.00. This lot is to be developed with a church building and/or paved parking lot in accordance with the Urban Renewal Plan. 5. Lots 5 and 6, Block 34, Wheelock's Second Addition (proposed Lot 7, Wheelock's Second Addition) from the Urban Renewal Agency to Edward Deo for 32.2 cents per square foot or $4,335.25. These lots are to be developed with commercial improvements in accordance with the Urban Renewal Plan. 65-24-343-860 The City Council considered the proposal of Mr. Gabriel Martin that he would deduct right-of-way (44) and Quaker Avenue butting his property provided the City of Lubbock would pay him $500.00 and pave the street at the City's expense. It was the consensus of opinion of the City Council that the $500.00 for the right-of-way would not be paid since it is the policy of the City to purchase right-of-way. 65-24-343-861 The City Council held a discussion of utilization of stuffing machine for mail and enclosure (51) of postage with City Electric and Water statements and City Council unaminously agreed that the City Manager was to formulate the policy to follow in this regard. 65-24-343-862 Motion by Councilman Medlock, seconded by Councilman Simpson, motion carried, Mayor Pro-tem (59) Alderson and Council -man Kastman, Simpson, and Medlock voting Yea, none voting Nay, to authorize supplement to City -County Tax Budget to cover expenses of 1965 Board of Equalization in the total amount of $6080.00. Supplement to be ,from Undesignated Funds of the General Fund of the 1964-65 City of Lubbock budget. 65-24-343-863 The City Council considered the claim of Sanford Agency as set out below and motion was made (65) by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Pro-tem Alderson and Councilman Kastman, Simpson, and Medlock voting Yea, none voting Nay, to DENY the claim since it is the opinion of the City Attorney that the City of Lubbock is not liable for claim for damage because of sewage overflow as this is a governmental function. May 20, 1965 Sanford Agency 1009 Texas Avenue Lubbock, Texas Attention: Mr. Marion Sanford Re: 1009 Texas Avenue Dear Mr. Sanford: The information furnished in your letter of May 18 is being investigated as you requested. However, I feel sure that the facts are as outlined in your letter and do not require any verification. As pointed out in your letter, you do realize that this damage may arise from a govermental function which carries with it the governmental immunity of the municipality. Since you cast your claim on a moral obligation on the part of the City to make this investiga- tion and reimburse you on that basis, I must point out that I have always recommended that claims based on activities brought on by governmental function be denied because of the state- ments made by the various courts before whom this question has risen that a payment for damages arising therefrom in such cases would be in violation of the Constitution of the State of Texas." -.I must, though, in all fairness to you, tell you that the City Council has overridden my recommendations on some occasions. Because of this I am forwarding a copy of your letter together with a copy of this letter to the City Manager, Mr, William Pitstick. Very truly yours, Fred 0. Senter, Jr. City Attorney May 18, 1965 Mr. Fred 0. Senter, Jr., City Attorney The City of Lubbock City Hall Lubbock, Texas Re: 1009 Texas Avenue Dear Mr. Senter: M AUG 121�5 at 1009 Texas Avenue with regard to out commodes overflowing and out sewer lines stopping up. During that time, we have had several plumbers working on it, cleaning out the Lines and unstopping the plumbing. Last week, the lines stopped -up completely. At this time, we had two different plumbers run their cleanout tools through the entire line. Your street department very kindly came and ran an auger up the line from the manhold in the area at the rear of this building. None of this was in the least bit helpful and, as a result, we felt that perhaps our own sewer line had collapsed or had become unusable for some reason. We decided, then, that the only thing to do would be to run a new line from our bathrooms to the City sewer in the area T beside the building below where the present line ties in to the City sewer. After four days of digging, we struck the City sewer and find, in spite of the efforts of your street department, that this line is completely filled with sludge and sediment to such an extent that it is unusable. W have talked with John Hickerson and in the Engineering Department, and we have also had the entire line inspected by your Mr. Sivells who is familiar with the situation and can give you a full report. The problem seems to be that tbire has been no manhole at the end of our line where it drains next to Texas Avenue and no cleanout valve. It is our under- standing that in order to remedy this situation and to prevent a reoccurrence, the Engineering �- Department will probably install a manhole at the end of the line. As you can imagine, we have been to a very considerable expense in digging and in tying on to the City sewer where it could be used. As long as I was of the opinion that the fault might lie in any own connections, I was entirely willing to stand this expense. Now that it developes that out lines are in working condition but that the fault lies in the City sewer and is of such a nature that we, as individuals, could not correct, I feel that the City in fairness to me should be willing to assume the expense which this situation has caused. I will sincerely appreciate your talking with Mr. Sivells, securing his report as to the condition which has existed, and then advising me if you feel it is in order for me to request reimbursement from the City for the expense which I have incurred. I realize that this is a government function and that it is very possible that no liability exists. Frankly, it is not a question of liability because I would never under any circum- stances want to raise such a question. I do feel that the City will be entirely fair:.in its viewpoint and amonly requesting that this matter be given careful consideration and that I be advised whether or not reimbursement appears to be in order. Cordially yours, THE SANFORD AGENCY rr• /s/ Marion Sanford Marion Sanford 65-24-344-864 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Pro-tem (66) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, the esteemed, hard working Mayor of the City of Lubbock, the Honorable Max Tidmore, is absent today from his position in the City Council Chamber because of his doctor s order, and WHEREAS, the City Council sorely misses the astute wisdom, wit and humor of the Mayor (as well as his pipe) and, WHEREAS, it is the prayer of the entire City Council that he have a speedy recovery of his health and soon be back serving in his official position, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL: THAT the City Council for itself and on behalf of the City staff, and the working members of the news media all herein assembled, state to His Honor, Max Tidmore, the Mayor, that his absence is felt by all, and expressto him the deepest and sincerest hope that he will soon be back in his official position performing his duties as the Mayor of the City of Lubbock, FURTHER, be it resolved, that a certified copy of this resolution be delivered to His Honor at his temporary residence at Methodist Hospital. Passed by the City Council this 12th day of August, 1965W. E. ALDER ON Gene Alderson, Mayor.Pro-tem ATTEST: eaQf Lavenia Lowe, City Secretary -Treasurer APPROVED: Fred 0. Senter, Jr., City Attorney 65-24-344-865 Motion by Councilman Medlock, seconded by Councilman Kastman-, motion carried, Mayor Pro-tem (32) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4769 be passed as an emergency measure. 34. .r AUG 12196! APPROPRIATION ORDINANCE ORDINANCE NO. 4769 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement The gum $800.00 Bond Fund For the following purpose: Adjusting the curb radius on the Northwest corner of 19th Street and Avenue A. 65-24-345-866 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Pro-tem (63) Alderson and Councilmen 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 Pro-tem of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License to William J. Gi1lespie on that portion of Broadway as described in the attached Street Use License, 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 fglly copied herein in detail. Passed by the City Council'this 12th day of August, 1965. ATTEST: W. E. ALDERSON,• r -tem Lavenia Lowe, City Secretary -Treasurer APPROVED: Fred 0. Senter, Jr., City Attorney STREET USE LICENSE THE STATE OF TEXASI COUNTY OF LUBBOCK I This License made the 12th day of August, 1965, between the City of Lubbock, a Home Rule Municipality, herein called "CITY" and William J. Gillespie of Lubbock County, Texas herein called "LICENSEE." WITNESSETH: That the parties hereto, for the consideration hereinafter expressed, covenant and agree as follows: I. For and in consideration of ONE AND N01100 ($1.00) DOLLARS in hand paid the City by the Licensee and the further observance of the. hereinafter stated covenants, terms and conditions by the Licensee, the City hereby grants Licensee a License to continue use of that portion of Broad- way Street described as: A projection of approximately one foot, eight inches into the right of way of Broadway Street adjacent to Lot 14, Block 41, Overton Addition to the City of Lubbock, Lubbock County, Texas, for his own use for a period of twenty (20) years from the date thereof and thereafter from year to year as more fully described hereinafter in Paragraph II. II. At the end of the primary twenty (20) year period for this License the City may cancel and revoke this License with of without cause upon thirty (30) days notice to Licensee, his heirs or assigns. Said notice shall be deemed properly served if deposited in the Post Office, postpaid, addressed to Licensee, his successors or assigns at 2022 Broadway Street, Lubbock, Texas. This License and privilege shall inure to the benefit of Licensee, his heirs and assigns, provided, however, in the event of a transfer of title during the primary term of this License the City of Lubbock shall be notified of any transfer or assignment and in the event of failure to notify said City of Lubbock within thirty (30) days from date of such transfer of assignment the City of Lubbock reserves the right to revoke and cancel this License. IV. Upon termination of this License, by revocation and/or cancellation by City, by mutual consent of the parties hereto or otherwise, Licensee shall remove at no cost to City any or all improvements thereto, if any, made or placed pursuant to this License if such removal is requested by the City. 4 a I.Z 05 V. This license is made subject to the condition that Licensee, and the successors and assigns of Licensee will at all times defend, indemnify and hold the City of Lubbock, its agents, servants, and employees harmlesss of and from any and all claims, demands, actions, causes of action, suits at law and in equity and costs of whatsoever kind or nature which may grow out of or relate to the making of this License or the exercise by Licensee of any privileges granted by this License. VI. Licensee shall at all times exercise the privileges granted by this License in such a manner as will not interfere with the public way at the location hereinabove described and so as not to create any dangerous or hazardous condition thereon. VII. Licensee accepts the terms, covenants, and conditions of this License and agrees to be bound thereby. In the event two or more parties execute this instrument as Licensee, all covenants and agreements of this License shall be joint and several covenants and agreements of such parties. VIII. All convenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licensee, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon the City without the written notice to City in each instance, as provided herein in paragraph III. ATTEST:4_1J6_.0" 64 _42. - Lavenia owe, y S reasurer APPROVED: Fred 0. Senter, Jr., City Attorney CITY 0,P LUBBOCK BY/a =a -1 1 - tem LICENSEE: WILLIAM J. GILLESPIE 65-24-346-867 Motion by Councilman Simpson, seconded by Councilman Kastman, motion carried, Mayor Pro-tem (46 & 47) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay, that Ordinance No. 4770 be passed on first reading. ORDINANCE ORDINANCE NO. 4770 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF EAST 23RD STREET BEGINNING AT THE NW CORNER OF LOT 16, BLOCK 12, SCHARBAUER'S SUBDIVISION OF BLOCK 12, WHEELOCK'S SECOND ADDITION TO THE CITY OF LUBBOCK, AND EAST 25TH STREET FROM THE EAST LINE OF BIRCH AVENUE TO THE WEST LINE OF THE NORTH -SOUTH ALLEY BETWEEN BIRCH AVENUE AND CEDAR AVENUE, 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. 65-24-346-868 Motion by Councilman Kastman, seconded by Councilman Simpson, motion carried, Mayor Pro -tern (36) Alderson and Councilmen Kastman, Simpson, and Medlock voting Yea, none voting Nay to accept the following proposal of Brown and Root, Inc. Engineers for feasibility study in connection with Holly Avenue - Unit No. 2. Mr. N. B. McCullough, General Manager February 26, 1965 Lubbock Power & Light Post Office Box 2000 Lubbock, Texas 79408 FEASIBILITY STUDY HOLLY AVENUE POWER STATION UNIT NUMBER TWO Dear Mr. McCullough: This will confirm our converstions of the week of February 8, 1965; specifically, your request for a letter proposal from Brown & Root, Inc. to provide engineering services for a feasibility study for the proposed Unit Number Two at Holly Avenue Posed Station. This study would provide the following information and recommendations: 1. Optimum capacity of the new unit. 2. Most economical operating levels for pressure and temperature. 3. Program and schedule for the plant addition to meet the predicted system load requirements. 4. Estimated budget costs for the addition. 5. A report which will provide the substantiating data for conclusions and recommendations and a summary of the study. The scope of the study is limited -to the work necessary to definitively establish the above factors for planning purposes by the City of Lubbock, Texas. ors ii rr- ow Data on load growth and system development, as well as capitalization factors, contengencies, taxes, labor rates, interest rates, amortization periods, etc., will be furnished upon request by Lubbock Power & Light. Similarly, any necessary information or action concerning bonding or legal matters will be handled by your organization. '34 Payment for these services would be made in accordance with the procedures established in the attached "Contract Payment." Should the City of Lubbock, Texas proceed with this plant addition, and should Brown & Root, Inc. be awarded the engineering contract therefor, the costs for this work would be considered by Brown & Root, Inc. as a part of their engineering fee. It is estimated that the study and report can be completed within ninety (90) days. We greatly appreciated your hospitality during our visit. We are honored to submit this proposal, and look forward to hearing from you. Please advise if yoci require additional or clarifying data. Very truly yours, /S/ G. L. Morris G.L. Morris Chief Power Engineer P.O. Box 3,. Houston, Texas 77001 CONTRACT PAYMENT For engineering services rendered City of Lubbock, Texas, would reimburse Brown & Root, Inc., on the basis of "Salary Costs," as hereinafter defined, plus a fee equal to 75% of "Salary Costs" shall mean the salary of all personnel engaged in the work including engineers, draftsmen, technicians, stenographers, clerks, and other necessary employees directly engaged in the work and whose time is chargeable to the project. Social security contribu- tions, unemployment, excise and payroll taxes, employees' compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation and holiday pay for each employee shall be considered as part of "Salary Costs." The maximum charge for these items shall be 15% of direct salaries. In the event of part-time work, only those hours actually worked on the project are chargeable. A normal work week in our Houston offices for "Salary Costs" will be considered 45 hours. Hourly employees are paid time and one-half for all hours either over 40 per week or for all hours over 8 in any one day. "Non -Labor Expenses", with the exception of juplication and reproduction, will be reimburs- ed at invoiced costs plus a service charge of 10% to cover our office and field overhead in handling such items. "Non -labor Expenses" shall include all expenses other than salaries and wages which, under generally accepted accounting principles, are directly attributable to the performance of the work. This would include: Transportation and subsistence expenses for our representatives when traveling away from the Houston office in the discharge of duties in connection with the project; other costs such as telegrams, telephone calls, mailing expenses, drafting andreproduction supplies; and other such expenditures as required for the proper execu- tion of the work. Duplicating services will be reimbursed at commercial rates. Travel by private or company automobile will be reimbursed on the basis of ten cents ($0.10) per mile. METHOD OF PAYMENT Requests for reimbursement for basic services are made by monthly invoice properly substantiated for accounting purposes. Cost for additional services shall also be payable monthly upon presentation of substantiating invoices. Payments shall be due by the fifteenth of the month following receipt. The cost to the City of Lubbock, Texas will not exceed a maximum of $10,000.00. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING AUGUST 12th, 1965. W. E. ALDERSON, MAYOR PRO-TEM ATTEST: LAVENIA LOWE, CITY SECRETARY -TREASURER READ AND APPROVED THIS THE 26th DAY OF W. E. ALDERSON, MAYOR PRO-TEM ATTEST: LAVENIA LOWE, CITY SECRETARY -TREASURER