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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/28/1966JUL 2 81966 July 28, 1966 REGULAR MEETING: The City Council of the City of Lubbock, Texas, met at 10:00 o'clock a.m. in the regular meeting place in the City Hall, the following members thereof being present to -wit: i Mayor W. D. Rogers, Jr. and Councilmen James H. Granberry, Jack Kastman, Ray J. Diekemper, Jr., and W. E. Medlock, City Attorney Fred 0. Senter, Jr., City Manager William J. Pitstick, Jr., City Secretary -Treasurer Lavenia Lowe. Absent: None 66-25-299-755 Invocation was given by Assistant City Manager Dan S. Petty. (1) 66-25-299-756 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (2) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize approval of City Council Minutes - Regular Meeting held July 14, 1966. 66-25-299-757 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (3) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize approval of Minutes of Accounts Allowed for the month of June, 1966. VOUCHERS FOR JUNE, 1966, CHECKED BY COUNCILMAN W. E. MEDLOCK ON JULY 21, 1966 City Special (BCD) 86 Undistributed Tax Fund 269 - 271 Personal Appearance Bond Fund 97 - 102 Reserve & Insur. Premium Payment 794 - 808 Special Fund 203 - 205 College Avenue Rental 72 - 78 Sewer Pro Rata 913 - 921 Tax Certificate Fund 91 Auditorium Operational 3711 - 3733 General 4499 - 5068 Electric Capital Projects 548 - 553 Electric Revenue 9957 - 138 Working Capital 9957 - 255 Water Treating & Softening 9 - 11 Interest & Sinking 197 - 198 Street Light 420 - 421 Storm Sewer 548 - 558 Sanitary Sewer 790 - 793 Traffic Light 249 - 255 Park 899 - 914 Street Improvement 1641 - 1655 Airport Revenue 3013 - 3062 Water Pro Rata 1294 - 1310 Water Capital Projects 1096 - 1137 Water Revenue 8273 - 8391 66-25-299-758 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and (4) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5062 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5062 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certai specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund to -wit: Park Bonds The sum $36,820.00 k For the following purpose: For equipment, materials and labor necessary for the construction of hard surface playground on J. B. Maxey Park at 30th and Orlando. 66-25-299-759 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and (5) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, noae voting Nay, that Ordinance No. 5063 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE N0. 5063 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certai specific funds out of bond funds for an approved project; r NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond funds, to -wit: Water Capita Project Fund The sum $8,600.00 0) IL t 81966 66-25-300-760 (6) 66-25-300-761 (10) For the following puroose: Payment to Parkhill, Smith & Cooper, Inc. for preparation of Engineer- ing Report on Water Distribution System Study. Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5061 be passed on second and final reading. ORDINANCE N0. 5061 AN ORDINANCE ABANDONING AND CLOSING THE PORTION OF AVENUE G EXTENDING FROM 44TH STREET TO THE ALLEY NORTH OF 44TH STREET AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE AND DIRECT- ING 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 Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the follow- ing 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 reso- lutions and entered into contract with Pioneer Pavers, Inc. GWO 10450 for the making and construc- tion of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said city including among others the following: 50th Street from its intersection with a line 16.00 feet West of the West Property Line of Chicago Avenue to its intersection with a line 15.00 feet West of the West Property Line of Belmont Avenue, known and designated as Sub -Unit Number 3 of Unit Number 2113. 50th Street from its intersection with a line 15.00 feet West of the West Property Line of Belmont Avenue to its intersection with a line 15.00 feet West of the West Property Line of Bangor Avenue, known and designated as Part of Sub -Unit Number 4 of Unit Number 2113. 50th Street from its intersection with a line 15.00 feet West of the West Property Line of Bangor Avenue to its intersection with a line 3.00 feet West of the West Property Line of the alley West of Slide Road (North Leg), known and designated as Part of Sub -Unit Number 5 of Unit Number 2113. Chicago Avenue from its intersection with a line 15.00 feet South of the South Property Line of 48th Street (West Leg) to its intersection with a line 17.00 feet North of the North Property Line of 50th Street, known and designated as Sub -Unit Number 5 of Unit Number 2116. West one-half of Slide Road from its intersection with a line 17.45 feet South of the South Proper- ty Line of 35th Street (East Leg) to its intersection with a line 76.4 feet North of the North Pro it perty Line of 37th Street (East Leg), known and designated as Part of Sub -Unit No. 2 of Unit No.2120. West one-half of Slide Road from its intersection with the center line of 38th Street (East Leg) to its intersection with a line 76.4 feet North of the North Property Line of 37th Street (East Leg), known and designated as Sub -Unit No. 3 of Unit No. 2120. 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 authorized to direct payment of the City's portion of the cost and release escrow money. 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 proceeding with reference to said improvements and assessments where such assessments were levied. III. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 28TH DAY OF JULY, 1966. Honorable Mayor and City Council Lubbock, Texas Gentlemen: July 28, 1966 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 50th Street from Bangor Avenue to Chicago Avenue, Chicago Avenue from 48th Street to 50th Street, Part West 1/2 of Slide Road from 35th Street to 38th Street as listed on the final estimate and assess- ment 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 contrac- tor the amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock and issue assignable certificates against property owners for the respective amounts shown on the attached final assessment sheets as being due against them and their respective properties. 1 lin F1.1 Yours very truly, /s/ Samuel W. Wahl 914. 0u JUL 2 819 F F r CONSOLIDATED FINAL ESTIMATE GWO 10450 Accepted Jul' 28 1966 QUANTITIES S.Y. S.Y. S.Y. C.Y. S.Y. Gal, Unit & Paving Paving L.F. Alley Seal Re-sur Ext: Sub -Unit Location 9" Base 6",Base C &_G, Return Rock facing Asp] 2113-3 50th St. from 16' W of WPL 1875.19 707.20 of Chicago Ave. to 15' W. of WPL of Belmont Ave. Part of 2113-4 50th St. from 15' W. of 3271:52 1448.61 WPL of Belmont Ave. to 15' W..of WPL of Bangor Ave. Part of 2113-5 50th St. from 15' W. of WPL of Bangor Ave. to 3' W. of WPL of the alley W. of Slide Road (N. Leg) 2116-5 Chicago Ave. from 15' S of the SPL of 48th St. (W.Leg) to 17' N. of NPL of 50th St. 639.14 263.00 2400.33 1014.10 6.33 199., Part of 2120-2 West 1/2 of Slide Road 316.33 from 17.45' S of the SPL of 35th St. (E.Leg) to 76.4' N. of the NPL of 37th St. (E. Leg) 2120-3 West 1/2-of Slide Road 1430.67 429.20 .40 26.33 21 from the C of 38th St (E.Leg) to 76.4' N. of NPL of 37th St. (E. Leg) TOTAL 1747.00 8186.18 3862.11 6.33 .40 26.33 221.1 COST ESTIMATE 8186.18 S.Y. Paving 6" Base @ $1.55 $ 12,688.58 1747.00 S.Y. Paving 9" Base @ $1.78 3,109.66 3862.11 L.F. Curb & Gutter @ $1.47 5,677.30 .6.33 S.Y. Ailey Return @ $5.00 31.65 .40 C.Y. Seal Rock @ $6.00 2.40 26.33 S.Y. Resurface @ $1.20 31.60 221.16 Gals. Extra Asphalt @ $0.15 33.17 CONTRACT COST $ 21,574.36 COST DISTRIBUTION Property City to Escrow Unit & Contract Owner Contractor to be Sub Unit Cost Cost NOW Released 2113-3 3,946.13 .3,592.78 353.35 Part of 2113-4 7,200.31 7,103.41 96.90 Part of 2113-5 1,377.28 1,066.59 310.69 2116-5 5,272.81 5,190.80 - 299.79 381.80 Part of 2120-2 56a.07 648.53 - 85.46 2120-3 ---3 214.76 2,078.41 1 136.35 TOTAL 21,574.36 19,680.52 1,512.04 381.80 66-25-301-762 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (15) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5068 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5068 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 Project Fund The sum $47,269.00 For the following purpose: Construction of 30 inch water distribution line in 34th Street from Chicago Avenue to Frankford Avenue ahead of paving. WWO 11409 Bid $44,818.10 Paving Repair 200.00 Engineering 2,250.90 09 JUL 2 8 1966 66-25-302-763 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (lb). Councilmen Granberry,, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize construction. of a sanitary sewer trunk main in Elm Avenue from 26th Street to 31st Street to _ serve the area between Elm and Avenue A and 26th to 33rd Streets. 66-25-302-764 Motion by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers (17) and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to author- ize purchase of additional right-of-way for 34th Street east of Frankford Avenue from Lubbock Christian College - G.W.O. 10522 from Street Improvement Fund in the amount of $1,058.40. 66-25-302-765 Motion by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers (17a) and Councilmen Granberry, Kastman, Diekemper, and Medlock voting.Yea, none voting Nay, that Ordinance No. 5069 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO.5069 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily -operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Fund The sum $1,058.40 For the following purpose: Acquisition of additional right of way for 34th Street from Lubbock Christian College. GWO 10522. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate council meetings be dispensed with; and -this ordinance shall be effective from the date of its passage. ROW 34TH STREET LUBBOCK CH.RISTIAN COLLEGE Beginning at a point 40 feet North and 40 feet East of the Southwest corner of Section 5, Block E-2, Lubbock County, Texas; Thence North 33 feet to a point on a curve, the radius point of which bears East 15 feet; Thence Southeasterly around said curve an are distance of.23.56 feet to a point of tangency; Thence East 495 feet; Thence South 870 42' 27" East 450 feet; Thence West 959.64 feet to the point of beginning. 66-25-302-766 Mt*tion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers (18) and Councilmen Granberry, Diekemper, and Medlock voting Yea, none voting Nay, to authorize purchase of Parcel 2 from Melmc Corporation for $800.00 for parcel of right of way out of the northwest 1/4 of Section 4, Block 0. Councilman Kastman abstained from voting on this motion. Parcel 2 - Melmc Corporation - East Fourth Street BEGINNING at a point 30 feet West and 30 feet South of the Northeast corner of the North- west one -quarter of Section 4, Block 0, Lubbock County, Texas; THENCE West along the existing South right-of-way line of East 4th Street a distance of 210.24 feet to a point on a curve having a delta angle of 270 11' 47", the radius point of which bears South 460.feet; THENCE Southeasterly along said curve an arc distance of 218.35 feet to a point in the West right-of-way line of Zenith Avenue; THENCE North along the West right-of-way line of Zenith Avenue, a distance of 50.86 feet to the POINT OF BEGINNING. 66-25-302-767 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (18a) Councilmen Granberry, Diekemper, and Medlock voting Yea, none voting Nay, to authorize purchase of Parcel 3 from W. P. Crawford for $2,570.00 for relocation of existing residence and parcel of right-of-way out of the northwest 1/4 of Sectiion 4, Block 0. Councilman Kastman abstained from not asie0ssmentssNaaH0% IRTedcupon ie rema ndOrtofc[hefW� res ontCzawioYdb�rope=oyla uooInigytFieed property hereby authorized pure ased,for paving,curb & gutter,E. 4th St., from Zen �h to Beach Ave. Parcel 3 - W. P. Crawford - All property north of east 4th Street, new lacation,to the north •line of Section 4, Block 0. BEGINNING at a point,said point being the northwest corner of the northeast one -quarter of Section 4, Block 0, Lubbock County, Texas; THENCE East along the north line of Section 4, Block 0, Lubbock County, Texas, a distance of 660 feet; THENCE South. 302.17 feet; THENCE West 20 feet to a point on a curve, the radius point of which bears west 50.14 feet, said rnrva having a delta anvlp of 450: 302A r r r r r 66-25-302-767 RESOLUTION (18a) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Paving Agreement between the City of Lubbock and W. Preston Crawford and wife, Edna Crawford, on the paving of East 4th Street, GWO 2907, paving assessment to be waived for consideration in Warranty Deed from W. Preston Crawford, et ux, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Counc shall constitute and be a part of this Resolution as if fully copied herein in detail. I Passed by the City Council this 13th day of April, 1967. W. D. ROGERS, JR.,Mayor ATTEST: LAVENIA LOWE, City Secretary -Treasurer APPROVED: /s/ Fred 0. Sen_ter,Jr. FRED 0. SENTER, JR., City Attorney THE STATE OF TEXAS I COUNTY OF LUBBOCK X This agreement entered into on this 13th day of April, 1967, by and between the City of Lubbock, a home Rule Municipality in the County of Lubbock, Texas, and W. Preston Crawford and wif Edna Crawford: WITNESSETH: THAT in consideration of the conveyance by W. Preston Crawford and wife, Edna Crawford to the City of Lubbock of all that certain parcel of land described as follows: BEGINNING at a point, said point being the northwest corner of the northeast one -quarter of Section 4, Block 0, Lubbock County, Texas; THENCE East along the north line of Section 4, Block 0, Lubbock County, Texas, a distance of 660 feet; THENCE South 302.17 feet; THENCE West 20 feet to a point on a curve, the radius point of which bears west 50.14 feet, said curve having a delta angle of 450. THENCE Northwesterly around said curve an arc distance of 39.38 feet to a point -of tangency; THENCE North 450 west 9.06 feet to a point of curvature with a curve to the left the radius point of which bears south 450 west 15 feet, said curve having a delta angle of 760 13' 33"; THENCE Northwesterly along said curve to the left an arc distance of 19.96 feet to a goint of reverse curvature with a curve to the right, the radius point of which bears north 31 13' 33 west 300 feet, said curve having a delta angle of 310 13' 33"; THENCE Southwesterly along said curve an arc distance of 163.50 feet to a point of common curvature with a curve to the right, the radius point of which bears north 342 feet, said curve having a delta angle of 30 ; THENCE Northwesterly around said curve an are distance of 179.07 feet to a point of tangency; THENCE North 600 west 226.38 feet to a point of curvature with a curve to the left the radiu point of which bears south 300 west 15 feet, said curve having a delta angle of 90�; THENCE Southwesterly around said curve an arc distance of 23.56 feet to a point of common curvature with a curve to the left, the radius point of which bears south 600 east 204.90 fee said curve having a delta angle of 300; THENCE Southwesterly around said curve an arc distance of 107.29' to a point; THENCE West 30 feet to a point, said point being on the center line of Zenith Avenue south of East 4th Street; THENCE North 250.48 feet to the POINT OF BEGINNING. The City of Lubbock agrees that upon conveyance of the above described tract of land to the City of Lubbock by general warranty deed that no assessment shall be levied upon the remainder of the W. Preston Crawford property, abutting the property hereby conveyed, for any portion of the paving, curb and gutter costs for the paving of East 4th Street, GWO 2907, the contract for said paving having been entered into between the City of Lubbock and Pioneer Pavers, Inc. on February 10, 1966. W. Preston Crawford and wife, Edna Crawford, agree that they will convey the above described tract of land for the above described consideration and it is understood that this agreement does not cover any other paving, curb or gutter costs hereafter assessed. WITNESS OUR HANDS THIS 13th day of April, 1967. $B ATTEST: LAVENIA LOWE, City Secretary -Treasurer CITY OF LUBBOCK BY: W. D. ROGERS, JR., Mayor 0 I I f � 1 JUL 2 81! r r r THENCE Northwesterly around said curve an arc distance of 39.38 feet to a point of tangency; THENCE North 450 west 9.06 feet to a point of -curvature with•a-curve to the left the radius point of which bears south 450 West 15 feet, said curve having a delta angle of 760 13' 33". THENCE Northwesterly along said curve to the left an arc distance of 19.96 feet to a $oint o reverse curvature with a curve to the right, the radius point of which bears north 31 13' 33" w4st 300 feet, said curve having a delta angle of 310 13' 33"; THENCE Southwesterly along said curve an arc -distance of 163.50 feet to a point of common curvature with a curve to the right, the radius point of which bears north 342 feet, said curve having a delta angle of 300; THENCE Northwesterly around said curve an arc distance of 179.07 feet to a point of tangency THENCE North 600 West 226.38 feet to a point of curvature with a curve to the left, the radius point of which bears south 300 West 15 Feet, said curve having a delta angle of 900; THENCE Southwesterly around said curve an arc distance of 23.56 feet to a point of common curvature with a curve to the left, the radius point of which bears south 600 East 204.90 'feet, said curve having a.delta angle of 300; THENCE Southwesterly around said curve an arc distance of 107.29' to a point; THENCE West 30 feet to a point, said- point being on the center line of Zenith Avenue South of East 4th St. THENCE North 250.48 feet to the POINT OF BEGINNING. The Mayor hereby authorized to enter in Contract between the City of Lubbock and W. Preston Crawford for purchase of this Tract. 66-25-303-768 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (18b) Councilmen Granberry, Diekemper, and Medlock voting Yea, none voting Nay, to authorize purchase of Parcel 4 from J. R. Boatman, et ux, for $5,000.00 for parcel of right-of-way plus an additiona tract of land, all out of Brown Subdivision of the Northeast 1/4 of Section 4, Block 0. Council- man Kastman abstained from voting on this motion. 66-25-303-769 (18c) Parcel 4 - J. R. Boatman, et ux - East Fourth Street .Lot 11 and .the West 110 feet of -Lot 10 of the Brown Subdivision of the Northeast 1/4 of Section 4, Block 0, Lubbock -County, Texas. Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5070 be passed on first reading. Councilman Kastman abstained from voting on this motion. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5070 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certai- specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described' bond fund, to -wit: Street Improvement Fund The sum $8,470.00 For'the following purpose: Acquisition of right of way for the relocation of East Fourth Street at Zenith Avenue, as follows: i 1. Parcel 2 - Melmc Corporation - $800.00 for parcel of right of way out of the Northwest 1/4 of Section 4, Block 0. 2. Parcel 3 - W. P. Crawford - $2,570.00 for relocation of existing residence and parcel of right of way out of the Northeast 1/4 of Section 4, Block 0. 3. Parcel 4 - J. R. Boatman, et ux, - $5,000.00 for parcel of right of way plus additional tract of land, all out of the Brown Sub- division of the Northeast 1/4 of Section 4, Block 0. 4. Additional $100.00 for abstract and filing fees in acquiring the above right of way. 66-25-303-770 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (21) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize purchase of Parcel 4, Lots 21 and 22, Westlawn Addition (3402 - 21st Street) from Homer D. Grant for $38,500 for Indiana Rightrof-Way Project - G.W.O. 10519. 66-25-303-771 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (21a) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize purchase of Parcel 12, South 53 feet of Tract L, Block 1, Tract 4, Stanton Subdivision (2306 Indiana Avenue) from Kenneth Moore for $10,250 for Indiana.Right-of-Way Project - G.W.O. 10519. 66-25-303-772 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (21b) Councilmen Granberry,.Kastman, Diekemper, and Medlock-voting Yea, none voting Nay, to authorize purchase of Parcel 37, Lot 20, Block 2, D. C. Ross Addition U402 - 33rd Street) from H. H. Whit- ney for $17,000 for Indiana Right -of -Way Project - G.W.0..10519. 66-25-303-773 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (21c)- Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none -voting Nay, that Ordinance No. 5071 be passed on first reading. I 1 JUL 2 s 1966 66-25-304-774 (12) 66-25-304-775 (13) AN APPROPRIATION ORDINANCE ORDINANCE NO. 5071 WHEREAS, the City Council of the City of Lubbock finds it.is necessary to appropriate certain specific funds out of bond funds fdr.-an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Fund The sum $66,000.00 For the following purpose: Acquisition of Parcels 4, 12 and 37, Indiana Avenue Right of Way Project. GWO 10519 Parcel 4 - Homer D. Grant - Lots.21 and 22•, Block 2, Westlawn Addi- tion (3402-21st Street) $38,500.00 Parcel 12 - Kenneth Moore - South 53 feet of Tract L, Block 1, Tract .4, Stanton Subdivision (2306 Indiana Avenue)$10,250.00 Parcel 37 - H. H. Whitney - Lot 20, Block 2, D. C. Ross Addition (3402 33rd Street) $17,000.00 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none.voting Nay, that the following Resolution be passed. RESOLUTION Resolution accepting -water and sewer system improvements for Lots 252 thru 263, Tracy Heights Addition WHEREAS, the developers of Lots 252 thru 263, Tracy Heights 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 $10,301.75 with the improvements con- structed by A & J Developers, Inc. having a value of $8,759.00 as determined by the unit prices established by said Chapter 34, and $1,542.75 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City, with A & J Developers, Inc., the deve- Iaper, to receive -a refund of $4,843.20 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 s upervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That refund of the refundable cost in the amount of $4,843.20 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 28TH DAY OF JULY, 1966. ATTESTED: f IAVENIA LdWE,, City Secretary -treasurer APPROVED: /s/ Samuel W. Wahl, SAMUEL W. WAHL, City Engineer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Lots C and D, Bender Center Addition WHEREAS, the developers of Lots C and D, Bender Center 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 $13,553.52 with the improvements con- structed by Hemphill Contracting Co. having a value of $12,157.80 as determined by the unit prices established by said Chapter 34, and $1,395:72 cash (engineering, wet tie-ins, paving ranhir Aiffnrenne 4n prn Reis nnA nrf-f,nl rnctl naiA to tho city with RanA r PrnnprriPc_ Tnr._ JUL 2 8 ri r the developer, to receive a refund of $8,961.26 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 be6n 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 $8,961.26 be made in accordance with said -Chapter 34. 3. This resolution shall take effect and be in force from and after its vassage. PASSED AND APPROVED THIS 28TH DAY OF JULY, 1966. ATTESTED: 41d /d LAVENIWLOQE, City Secrets -Treasurer APPROVED: /s/ Samuel W. Wahl SAMUEL W. WAHL, City Engineer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney 66-25-305-776 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (14) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize advertisement of Notice to Bidders for furnishing two high service pumping units for Number 3 Booster Station. NOTICE TO BIDDERS W. W. 0. 11409 Sealed proposals addressed to the City Council of Lubbock Texas, will be received at the office of the City Engineer until. 4:00 P.M., July 19, 1966, for the construction of approximately 2,266 feet of 30", 140 feet of 36" approved water lines, miscellaneous valves and related construe tion for the City of Lubbock, Texas. The City Council will consider the bids on July 28, 1966 at the City Hall, subject to the right to reject any or all bids and to waive formalities. Bids may not be withdrawn after they are submitted. Bidders are.required to submit a cashier's or certi- fied check or bid bond in the amount of 5% of the total bid and the successful bidder shall provic bond in the full amount of the contract price executed by a surety company authorized to do busi- ness in Texas. Plans and specifications are on file in the office of the City Engineer, Lubbock, Texas. .e' •�_ NI CITY OF By: ATTEST: r LAVENIA E, City Secretar Treasurer 66-25-305-777 Bids as follows were received for construction of a thirty -inch water distribution line in 34th (31) Street from Chicago Avenue to Frankford Avenue, W.W.O. 11409. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Hemphill Contractis Company for construction of a thirty -inch water distribution line in 34th Street from Chicago Avenue to Frankford Avenue - W.W.O. 11409. 66-25-305-778 Bids as follows were received for the purchase of 200 western style straw hats and 180 western (32) style felt hats for the Police Department, being Bid No. 9323. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bids -as follows: Accept the bid of Texas Hat Company for the purchase of 200 western style straw hats for the Police Department. Accept the bid of Luskey's Western Store for the purchase of 180 western style felt hats for the Police Department, 66-25-305-779 Bids as follows were received for the purchase of a high voltage testing unit, being Bid No. 9319. (33) Bid Tabulation set in Bid Book. 4; )UL 2 81966 After consideration of all bids received, motion was made by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Kantenberger Company - Dallas for the purchase of,a high voltage testing unit for testing high voltage cable. 66-25-306-780 Motion by Councilman Granberry, seconded.by Councilman Kastman, motion carried, Mayor Rogers and (9) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION Resolution changing the name of 34th Street By -Pass to 29th Drive WHEREAS, the City Council finds it expedient and in the public interest to change the name of 34th Street By -Pass to 29th Drive, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That portion of 34th Street By -Pass from U. S. Highway 62 to 34th Street, the street name is changed to 29th Drive. 0 2. This resolution shall take effect and be in force from and afte is passage. PASSED AND APPROVED THIS 28TH DAY. OF JULY,, 19166. • W. D"."RCCE197" A'.*, o ATTESTED: , LAVENIA LOWE, City Secretary-Trea urer APPROVED: /s/ Samuel W. Wahl SAMUEL W. WAHL, City Engineer APPROVED: Is/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney 66-25-306-781 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (11) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize "Estra Work Order No. 3" between -Lubbock -Water Treatment Plantin northeast Lubbock. This extra work -order to authorize covering of the floor in the chlorinator room of the Chemical Building with vinyl -asbestos tile as used in certain -other areas of this building at a cost of $179 and addition of angle iron brick shelves at three different levels in the Chemical Building tower at a cost of $476.10. This water treatment plant contract in connection with the Canadian River Project. MUNICIPAL WATER TREATMENT PLANT LUBBOCK TEXAS EXTRA WORK ORDER NO. 3 July 25 1966 R. B. Butler, Inc. Box 471 Bryan, Texas 1. GENERAL You are hereby authorized to execute certain changes and extra work under your contract with the City of Lubbock, Texas, dated April 15, 1965, for the construction of a water treat- ment plant. The extent of such changes and extra work shall be as described herein. Payment shall be made in accordance with Method B, paragraph GC-50 of the project specifications. 2. SPECIFICATIONS All applicable provisions of the project specifications shall apply to work included in this extra work order. 3. FLOOR COVERING - CHEMICAL BUILDING0 The floor in the chlorinator room, Room 205, in the Chemical Building shall be covered with vinyl -asbestos tile, Ruberoid No. 3028, instead of being exposed concrete as shown on the original drawings. 4. BRICK SHELVES - CHEMICAL BUILDING TOWER Continuous 3 1/2 x 3-1/2 x 1/4 angles shall be attached to the concrete beams at elev. 76.38,88.38, and 100.38 in the Chemical Building tower. The angles shall be attached to the concrete beams with wedge -type anchors cast into the concrete at 4' -0" spacing. The brick shelves will serve as supporting members for the face brick. 5. PAYMENT All work required by the above paragraphs of this extra work order shall be paid for by Method B, as provided in paragraph GC-50 of the specifications. The agreed lump sum price shall be full compensation for all work required by this extra work order, including all materials, equipment, labor, supervision, and incidentals necessary for completing the work. The agreed lump sum price for all work required by this extra work order is six hundred fifty-five dollars and ten cents ($655.10). . 66-25-307-783 (22) 9 CONTRACT TO EXTEND TIME OF PAYMENT OF A PAVING ASSESSMENT LIEN AND PROVIDE FOR THE CONTINUED VALIDITY OF SUCH LIEN This agreement made this _ _ 28th day of 1966, by and between Kathryn Bacon, Individually and as Independent Executrix of the Estate of Lawrence C. Bacon, Deceased and the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, acting by and through its Mayor. WITNESSETH: SECTION I - SUBJECT MATTER OF TRANSACTION The extension of time of payment of a paving assessment created by City Ordinance No. 4970 enacted March 31, 1966, and filled for record in Volume 1081, Page 113 of the Deed Records of Lubbock County, Texas. This assessment being secured by a lien to pay the cost of paving adjacent to the following described tract of land, to -wit: PARCEL I. BEGINNING at a point 1508. 00 feet East and 55, 00 feet South of the Northwest corner of Section 9, Block E-2, Lubbock County, Texas; THENCE East 952. 00 feet to a point; THENCE South 15 Q. 00 feet to a point; THENCE West 992. 00 feet to a point; THENCE North 150.00 feet to the POINT OF BEGINNING, PARCEL II. BEGINNING at a point 60.00 feet East and 55. 00 feet South of the Northwest corner of Section 9, Block E-2, Lubbock County, Texas; THENCE East 802.00 feet to a point; THENCE South 150.00 feet to a point; THENCE West 802. 00 feet to a point; THENCE North 150.00 feet to the POINT OF BEGINNING, T+i)10 JUL 2 61 F1 r r 6. ADJUSTED CONTRACT PRICE The total amount of the contract shall be adjusted as indicated below: Original -Contract Price $3,180,338.00 Adjustment in Pumping Unit Allowance - . 4,580.00 Extra Work Order No. 1 + 133,571.00 Extra Work Order No. 2 + 2,401.00 Extra Work Order No. 3 655.10 ADJUSTED CONTRACT PRICE. $3,312,385.10. ------ ---- - - - ------------------------- ----------------------------------------- APPROVED: PARKHILL, SMITH & COOPER, INC., Consulting Engineers By. Isl Chester A. Green , Proi. Engr. , July 22 , 1966 -APPROVED: R. B. BUTLER, INC. By % : I1 _t , 1966 APPROVED: CITY OF LUBBOCK f, By 'VOW Ufa rOV • 1966 66-25-307-782 Honorable Mayor and City Council July Y, 1966 (20) City of Lubbock „ Lubbock, Texas Gentlemen: I am the owner of Lot 2, Block 1, Tech Gardens Addition to the City of Lubbock, Lubbock Count Texas which is a 100 foot lot at 2905 and 2907 Erskine Street. - I propose and hereby offer to convey to the City of Lubbock by warranty deed, all of the aboN described property for the sum $2,170.00. I agree to furnish a complete abstract, or title policy, showing merchantable title in the undersigned and to duly execute and deliver a general warranty deed to the City of Lubbock upon acceptance of title by said City and payment or tender of payment by said City the amount above specified. If this proposal is not accepted within 90 days from the date hereof, it shall then become null and void. This proposal submitted this the 27th day of July, 19456. Is/ Herman L. Post Herman L. Post The City Council considered the proposal of Mr. Herman L. Post for purchase of land for location of an electric sub -station, the proposal being set out above. After consideration of the above proposal motion was made by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman,-Diekemper, and Medlock voting Yea, none voting Na} to authorize acceptance of the proposal as set out above for purchase of the land as directed therein for consideration of $2,170, subject to authorization of the City of Lubbock Board of Adjustment for placing an electric sub -station on said property. 66-25-307-783 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (22) Councilmen Granberry, Kastman,.Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the oral counter proposal of Catherine Bacon, executrix of the Bacon Estate, and Lawrence Bacon for purchase of right-of-way on -the south side of 50th Street between Utica Avenue and Slide Road. Authorization hereby given for payment of paving by the property owner whenever the property is sold or developed or in any event within five years. 66-25-307-784 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (23) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the deeds of dedication from the Urban Renewal Agency of the City of Lubbock convey- ing to the City of Lubbock Lot 1, Block 27 and Lot 1, Block 6, Coronado Addition for public use as neighborhood parks in the Coronado Urban Renewal Area. 66-25-307-785 The City Council considered appointment of members to the City -County Child Welfare Board and it (26) was unanimously agreed to authorize approval of the recommendation of the County Judge that five members of this board be appointed by the County Commissioners Court and five members of this board be appointed by the County Commissioners Court and five members by the Lubbock City Council. All appointments to be terms of three years. 66-25-308-786 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Rogers and (27) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yeap none voting Nay, to authorize establishment of the following rules for the renting of city owned residence: 1. Administrative responsibility for the care of residential property and for leasing or renting will be assigned to the Public Service Division. Amount of monthly rental should be compar- able to similar rental units in the City. 2. Maximum length of lease of a residential unit will be twelve months with the first and last months paid in advance. This term to be revised, if necessary, according to current construe tion schedules. `308 JUL 2 81966 3. Revenues from rentals are to be placed in a revolving fund out of which necessary expendi- tures for insurance and maintenance will be made. The amounts in this revolving fund will eventually be transferred to the improvement funds from which the right-of-way was acquired. 4. A maximum of $10,000 fire and extended coverage insurance will be allowed on each residen- tial unit acquired, until it is disposed of. 66-25-308-787 The City Manager made the following progress report on the alley clean up program. (34) At 9:00 A.M. on July 20th Chip's crews started covering the City alleys in the special cleanup program for the third time. The first clean-up started May 4th, and was completed in 6 weeks. The second one started June 14th, and was completed in 5 weeks. -We expect to complete the third one in 4 weeks or less. The following is a breakdown of the blocks covered and the number of loads of material hauled for June. The average number of trucks working on each Wednesday and Saturday was 21. Date No. of Blocks No. of Loads No. of Trucks June 1 280 53 23 June 4 190 46 19 June 8 154 40 18 June 11 68 65 20 June 15 172 67 21 June 18 110 46 17 June 22 143 60 21 June 25 191 58 23 June 29 140 58 25 Total 1448 493 The regular brush pickup crews covered 233 blocks and hauled 672 loads. The average number of trucks used per day was 5.5. This is a total coverage of 2120 blocks with 728 loads of material hauled. An overall average is 28 loads per day and 81.1 blocks per day covered. The average number of loads per truck for Wednesdays and Saturdays only was 24.5, or 2.72 per day. The average number of blocks per truck for these days was 72.1, or 8.0 per day. The average number of loads per truck for the regular pickup days was 42.3, or 2.5 per day. The average number of blocks per truck for these days was 121.2, or 7.1 per day. It should be pointed out that 4 days of the second period were devoted exclusively to storm damage clean-up, and that the total coverage time is still within the limit of what was esti- mated in the initial program. 66-25-308-788 The City Council on June 23, 1966, ordered the City Secretary's Office to send out letters (36) requesting confirmation of the signatures on the petitions submitted as to operation of the Board of City Development and the Fire Department; on this date, July 28, 1966, the City Council again considered the confirmation of said signatures and motion was made by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to rescind the action of the City Council on June 23, 1966, wherein it ordered the letters of confirmation -to be mailed. 66-25-308-789 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (37) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize only 5000 of the signatures on the petition of the Fire Department presented to the City Council to be canvassed with -the qualified voters registration list. 66-25-308-790 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and (38) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the City Attorney be directed to study the presently outlined method of petitions submitted, both for a referendum and a charter amendment election and that this report be submitted to the City Council for further study and possible revision of these methods. Authorization hereby given that the proposal of the petition be placed on each page of the petition and that the person soliciting signatures for the petition be required to read to the signer the proposition. Also, the person soliciting the signatures must swear before a notary public that this procedure has been follow- ed in securing the signatures on each petition submitted. 66-25-308-791 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (19) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. 'DWO 7 TTTTnTJ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed to William W. Young and wife, Lena Ruth Young, att4ched 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. A%_*� A Passed by the City Council this 28th day of July, 196 ATTEST: LAVENIA IA44E. City Secretary -Treasurer r - r 1 i r3( -JUL 2 8196E F r- r APPROVED: /af_ Fred 0._Senter_, Jr. FRED O. SENTER, JR., City Attorney QUIT CLAIM DEED THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: THAT, the City of Lubbock, a Home Rule Municipality of the County of Lubbock and State of Texas, for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by William W. Young and wife, Lena Ruth Young, of the County of Lubbock and State of Texas, the receipt of which is hereby acknowledged, does, by these presents, BARGAIN, SELL, RELEASE and FOREVER QUIT CLAIM unto the said William W. Young and wife, Lena Ruth Young, their heirs and assigns, all its right, title and interest in and to this certain tract or parcel of land lying in the County of Lubbock and the State of Texas, described as follow to -wit: BEGINNING at a point which is 3.0 feet South of the Northeast corner of Lot 1, Block 3, Sli- dell Addition to the City of Lubbock, Lubbock County, Texas; THENCE South 127.0 feet to a point; THENCE Easterly 30.0 feet, more or less, to the Southwest corner of lot 72, Replat of Crest- view Addition to the City of Lubbock, Lubbock County, Texas; THENCE North 127.0 feet to the Northwest corner of said Lot 72; THENCE Westerly 30.0 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said William W. Young and wife, Lena Ruth Young, of the County of Lubbock, State of Texas, their heirs and assigns, forever so that the said City of Lubbock, nor its successors and assigns, nor any person or person claiming under it shall, at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. 'WITNESS MY HAND at Lubbock, Texas this 28th day of July, 1966. CIT BY: ATTEST: � A6�ew; LAVENIA LOWE, City Secretary -treasurer 66-25-309-792 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (35) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize the Mayor to execute a contract between the City of Lubbock and the City of Shallowater for emer- gency water service from Sandhills Water Main. CONTRACT FOR CITY OF LUBBOCK TO SUPPLY EMERGENCY WATER TO CITY OF SHALLOWATER This agreement, made this 28th day of July, 1966, by and between the City of Lubbock, herein- after called LUBBOCK, and the City of Shallowater, hereinafter called SHALLOWATER, both parties being municipal corporations of the State of Texas and County of Lubbock, and both acting herein by and through their mayors hereunto duly authorized; WITNESSETH: 1. (Agreement to supply water) That LUBBOCK, for and in consideration of the payments herein after set forth, and subject to the conditions hereinafter set forth, hereby agrees to furnish to SHALLOWATER, during the life of this contract, emergency water as hereinafter provided. 2. (Place of delivery) LUBBOCK further agrees to deliver such emergency water to SHALLOWATER at the meter installed by SHALLOWATER at its expense at a point adjoining ground storage facilitie owned by SHALLOWATER, the amount of water so delivered to be shown upon said meter. 3. (Pipe line and plumbing) SHALLOWATER agrees to pay the entire cost of transmitting and metering water from the facilities of LUBBOCK to the place of delivery as hereinbefore specified and it is further agreed that such cost is nonreimbursable upon the termination of this contract or non -delivery of water hereunder. 4. (Terms of supply) The water to be supplied under this contract is to be for emergency use only by SHALLOWATER. SHALLOWATER agrees to notify LUBBOCK through its City Manager or such agent as he may appoint, prior to drawing water through the facilities herein contemplated and LUBBOCK reserves the right to refuse water if it is needed by the citizens of the City of Lubbock, as such need is determined by the City Manager of the City of Lubbock or his duly appointed agent. It is further mutually agreed that no liability shall fall on LUBBOCK for failure to supply water. 5. (Amount of Payment) SHALLOWATER, in consideration for performance by LUBBOCK of its agreements as hereinbefore set forth, hereby covenants and agrees to pay, during the life of this contract, to LUBBOCK, the sum of thirty-four cents ($.34) for each one thousand (1000) gallons of water furnished under this contract. Such payment shall be due and payable upon receipt of state- ment from LUBBOCK. Utt JUL 2 81966 6. (Ownership of Service line and meter) It is mutually agreed that the service lines and metering facilities for delivery of water to SHALLOWATER, not withstanding the payment for the same by SHALLOWATER, shall be the property of, and maintained'by LUBBOCK. 7. (Term of contract) It is further mutually agreed that this contract shall be for a term of five (5) years and shall be effective upon completion of delivery facilities herein contemplat- ed. 8. (Renegotiation of Rates) It is further mutually agreed that the rates set herein may be renegotiated upon 90 days written notice by LUBBOCK. IN WITNESS WHEREOF WITNESS -OUR HANDS this 28th day of July, 1966. ATTEST: ;' �4 LAVENIA LOWE, City Secretary -Treasurer C IT BY: CITY OF SHALLOWATER BY: ,Mayor . NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, JULY 28, 1966. ATTEST: LAVEN LOWE, City Sec etary-Treasurer READ AND APPROVED THIS THE llth DAY OF August ATTES [t o LA ENIA LOWE, City Secretary -Treasurer