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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/22/1966`354 SEP22t; 0 r r r September 22, 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: 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., and City Secretary -Treasurer Lavenia Lowe. Absent: None 66-25-353-929 Invocation was given by Mayor Pro Tem James H. Granberry. (1) 66-25-353-930 Motion by Councilman Diekemper, seconded by Councilman Medlock, 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 September 8, 1966. 66-25-353-931 Motion by Councilman Kastman, seconded by Councilman Granberry, 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 August, 1966, Checked by Councilman Kastman, 66-25-353-932 (4) 66-25-353-933 (5) VOUCHERS FOR AUGUST 1966, CHECKED BY COUNCILMAN JACK KASTMAN, SEPTEMBER 21, 1966 General Fund 5611 - 6239 Paving Fund 21 College Avenue Rental 81 - 82 Cit Special (BCD) 88 Spal 206 - 209 T ertificate 93 4uditorium Operational 3753 - 3794 ni�er Pro Rata 931 - 935 �Jndistributed Tax 275 - 277 Reserve & Ins. Premium Payment 811 - 820 Personal Appearance Bond Fund 104 - 110 Water Pro Rata 1332 - 1351 Water Capital Projects 1177 - 1218 Airport Revenue 3110 - 3157 Street Improvement 1661 - 1677 Park 924 - 940 Interest & Sinking Fund 203 - 205 Traffic Light 261 - 263 Sanitary Sewer 794 - 802 Street Light 427 - 431 Storm Sewer 566 - 574 Water Revenue 8488 - 8627 Working Capital Fund 513 - 848 Electric Capital Projects 556 - 558 Electric Revenue Fund 291 - 483 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5086 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5086 WHEREAS, the City Commission 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 COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Traffic Light The sum $2,802.09 For the following purpose: Labor and material to install a traffic signal at 19th Street and Avenue U with walk and wait signals. Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5088 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5088 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certair specific funds out: of bond funds for an approved project; P 2 21966 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bond Fund The sum $3,976.00 For the following purpose: To pave Avenue L from 54th Street to 56th Street adjacent to Lewis Park. 66-25-354-934 Notion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (6) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5089 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5089 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Storm Sewer Capital Improvement Fund The sum $3,370.00 For the following purpose: To construct four 10 foot storm sewer inlets, 55 linear feet of 36 inch reinforced concrete pipe storm sewer and 55 linear feet of 24 inch reinforced concrete pipe storm sewer leads in the intersection of Quirt Avenue and 44th Street. 66-25-354-935 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (7) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5090 be passed on second and final reading. AN APPROPRIATION ORDINAME ORDINANCE NO. 5090 WHEREAS, the City Council of the City of Lubbock finds At is necessary to appropriate certain specific funds out of bond funds fi6r 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 $141,065.40 For the following purpose: Pumps and pump station alterations as follows: Two high service pumps for #3 station - Two high service pumps for #7 station - Did of Worthington Corp. $96,348.00 City costs (valves, piping, electrical tie-in, labor costs) at P. S. #7 38,000.00 Engineering costs 6,717.40 TOTAL $141,065.40 66-25-354-936 Notion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (8) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordi- nance No. 5091 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5091 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Fund The sum $8,623.00 For the following purpose: Acquisition of Parcel 23-B, Loop 289, from E. Hayes Sieber and the Citizens National Bank by Judgment in No. 11,993, County Court at Law No. 1 of Lubbock County, Texas. Judgment is in the amount of $14,205.00. Of this amount $5,682.00 was previously deposited in the Trust Fund of the Court after the Special Commissioners Hearing leaving a balance due of $8,523.00 plus $100.00 for Court Costs, Witness Fees, Filing Fee, etc. GWO 10058. 66-25-354-937 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 Ordi- nance No. 5085 be passed on second and final reading. 80 ! Ordinance No.'5065 was repealed by Ordinance No. 5085.C4-,7{-bij I, _-. -- — — ORDINANCE NO. 5085 r 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 N0. 857-A, CHANGE BLACK lu AND THE WEST 200 OF BLOCK 692 ROBERTS & MCWHORTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-4 " TO A "M-1" ZONING DISTRICT; AND CHANGING A TRACT DESCRIBED BY METES AND BOUNDS IN SECTION 19, BLOCK A, LUBBOCK COUNTY, TEXAS, FROM A "C-4" TO A "M-1 " ZONING DISTRICT; REPEALING ORDINANCE NO. 5065. 66-25-355-938 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and !; (10) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5092 be passed on second and final reading. ORDINANCE NO. 5092 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF PROPERTY IN BLOCK 25, F. R. FRIENDS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE FULLY DESCRIBED IN THE BODY OF THIS ORDI- NANCE; AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE AM% THE CLOSING AND ABANDONMENT OF SAID PROPERTY. 66-25-355-939 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (11) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the follow ing Resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed to Moncure C. Mackenzie attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of the Counci shall constitute and be a part of this Resolution as if fully copiesherein in detailA Passed by the City Council this 22nd day of September, 96 W. D. ROGERS; ATTEST: LAVENIA LOWE, City Secretary -Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney QUIT CLAIM DEED THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X 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 Moncure C. Mackenzie, 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 Moncure C. Mackenzie, as her separate property and estate, her 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 follows, to -wit: BEGINNING at the Southwest corner of Lot 2, Block 25, F. R. Friends Addition to the City of Lubbock, Lubbock County, Texas; THENCE West 29.7 feet to a point in the East line of the City of Lubbock property; fl— THENCE North 64.5 feet to the Southeast right of way line of the Santa Fe Railway Company; THENCE North 530 54' East 36.8 feet to the Northwest corner of said Lot 2, Block 25, F. R. Friends Addition; THENCE South 86.2 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 Moncure C. Mackenzie, of the County of Lubbock, State of Texas, her heirs and assigns, forever so that 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 title to the aforesaid premises or appurtenances, or any part thereof. WITNESS MY HAND at Lubbock, Texas this 22nd day of September, 147NN, A CITY OF B ��, � BY: � W. D. ROGLRS- JR., Mayor ATTEST: LAVENIA LOWS, City ecreta y-Treasurer )5l� ;EF 2 2..1966 66-25-356-940 Bids as follows were received for the purchase of gasoline for a period of one year, being Bid (42) No. 9373. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, 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 Gulf Oil Corpora- tion for gasoline for a period of one year. 66-25-356-941 Bids as follows were received for the purchase of automotive oils and greases for a period of (43) one year, being Bid No. 9378. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, 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 bids as follows: Accept the bid of Sinclair Oil Company for the purchase of items 1, 2, 3 and 11. Accept the bid of Continental Oil Company for the purchase of items 4, 5, 6 and 7. Accept the bid of Gulf Oil Corporation for the purchase of items 8 and 9. Accept the bid of Horkey Oil Company for the purchase of items 10 and 12. 66-25-356-942 Bids as follows were received for the purchase of fuel oil for the electric plants for a period (44) of one year, being Bid No. 9377. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, 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 bids as follows: Accept the bid of Mobil Oil Company for the purchase of item 1. Accept the bid of Horkey Oil Company for the purchase of item 2. 66-25-356-943 Bids as follows were received for the purchase of traffic marking paint for a period of one year, (45) being Bid No. 9382. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none Nay, to authorize acceptance of the bid of the Glidden Company for the purchase of white and yellow traffic marking paint for a period of one year. 66-25-356-944 Bids as follows were received for the purchase of mainline water meters for the Water Department (46) being Bid No. 9393. After consideration of all bids received, motion was made by Councilman Granberry, seconded by Councilmen Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of M. B. McKee Company for the purchase of mainline water meters for the Water Department. 66-25-356-945 Bids as follows were received for the purchase of submersible pumps for the Water Department, (47) being Bid No. 9345. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, 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 bids as follows: Accept the bid of Clowe and Cowan Incorporated for the purchase of items 1-5 and 10-15. Accept the bid of Layne Pumps Incorporated for the purchase of items 6-9. 66-25-356-946 NOTICE TO BIDDERS (48) GWO 10542 Sealed proposals addressed to the Honorable Mayor and City Council of Lubbock, Texas, will be received in the office of the Director of Parks and Recreation until 4:00 p.m., September 15, 1966, for the construction of automatic sprinkler systems and quick coupling hose -bib system for Mae Simmons Park (Partial). Construction shall include the furnishing and installing of all pipe lines, fittings, valves, sprinklers, and other related items, all for the City of Lubbock, Texas. The City of Lubbock has the right to reject any or all bids and to waive formalities. Bids may not be withdrawn after they are submitted. Bidders are required to submit a cashier's or certified check or bid bond in the amount of 5% of the total bid and the successful bidder shall provide bond in the full amount of the con- tract price executed by a surety company authorized to do business in Texas. Plans and specifications are on file in the Park and Recreation CITY , Lubbock, Texpp. BY: XAZ. t W. D. ROGERS, ATTEST: P. s 357 SEP 2 2191 on MW mom 0 Bids as follows were received for purchase of an automatic sprinkler system and qufck coupling hose bib system for Mae Simmons Park, being Bid No. 9411. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, 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 Hygeia Water Compan3 for the purchase of a sprinkler system and hose bib system for Mae Simmons Park. 66-25-357-947 Motion by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (49) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize confirmation of the meeting of September 8, 1966, authorizing acceptance of the bid of Clayton Roberts, second highest bid, for sale of the labor camp building because of misinterpretation of the Notice to Bidders by Earl W. Thetford who was the high bidder and whose bid was withdrawn. 66-25-357-948 (23) 66-25-357-949 (24 ) 66-25-357-950 (24a ) 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 WHEREAS, the Texas State Highway Department has requested the use of two city streets as a detour for highway traffic and for local traffic during the months that will be required for the reconstruction of the overpass over the Panhandle and Santa Fe Railroad and First Street in the City of Lubbock. NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. That the State Highway Department is hereby authorized to reconstruct the over- pass over the Panhandle Santa Fe Railroad and First Street. SECTION 2. That the State Highway Department is hereby authorized to utilize portions of Erskine Street and Avenue U to detour traffic normally carried by the streets to be blocked by the reconstruction contemplated in Section 1 above. SECTION 3. That the State Highway Department is hereby authorized to erect all signs and blockades required to safely carry out the detour of traffic as set out in Sections 1 and 2 above. Passed by the City Council this 22nd day of Septem ATTEST: LAVENIA LOWE, City Secreta -Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED O. SENTER, JR., City Attorney Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5093 be passed as an emergency measure. ORDINANCE NO. 5093 AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE 4251 OF THE CITY OF LUBBOCK TO ADD A SCHOOL ZONE ON COLLEGE AVENUE AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DECLARING AN EMERGENCY, AND AUTHORIZING AND DIRECTING THE CITY SECRETARY TO CAUSE PUBLICATION OF THE DESCRIP- TIVE CAPTION HEREOF AND THE PENALTY CLAUSE, SECTION 7, OF ORDINANCE 4251 AS AN ALTERNATE METHOD OF PUBLICATION PROVIDED BY LAW. Notion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5094 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5094 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Traffic Light Bond Fund The sum $125.00 For the following purpose: Installation of school flashing signals on College Avenue at 56th St. 66-25-357-951 Motion by Councilman Medlock, seconded by Councilman Granberry, motion carried, Mayor Rogers and (27) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the follow- ing Resolution be passed. 1138 *EP 2 21966 RESOLUTION Resolution accepting water and sewer system improvements for Lot A, Live Oak Addition WHEREAS, the developer of Lot A, Live Oak Addition has 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 $3,752.95 with the improvements construct- ed by Panhandle Construction Co. having a value of $3,388.99 as determined by the unit prices established by said Chapter 34, and $328.96 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City, with Dr. H. E. Cone, the developer, to receive a refund of $1,601.27 in accordance with Chapter 34 of the Code of the City of Lubbock. WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That refund of the refundable cost in the amount of $1,601.27 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from; and PASSED AND APPROVED THIS 22ND DAY OF SEPTEMBER, 1966. ATTESTED: i LAVENIA LOWE, City Secreta -Treasurer APPROVED: /s/ Samuel W. Wahl SAMUEL W. WAHL, City Engineer APPROVED: /s/ Fred O. Senter, Jr. FRED 0. SENTER, JR., City Attorney W. D.: its Passage. 66-25-358-952 Motion by Councilman Granberry, seconded by Councilman M,edlock, motion carried, Mayor Rogers (28) and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to author- ize the Mayor to execute a contract with Parkhill, Smith and Cooper for a sanitary sewer system study. This being an Engineering Contract. AGREEMENT CITY OF LUBBOCK, TEXAS AND PARKHILL, SMITH & COOPER, INC., CONSULTING ENGINEERS LUBBOCK AND EL PASO, TEXAS FOR ENGINEERING SERVICES ON SANITARY SEWAGE SYSTEM STATE OF TEXAS ) COUNTY OF LUBBOCK ) THIS AGREEMENT made, entered into and executed this the 22nd day of September, 1966, by and between the CITY OF LUBBOCK, TEXAS, acting herein, by and through its MAYOR who is duly authorized so to act for and in behalf of said CITY OF LUBBOCK by Resolution, dated September 22nd, 1966, of the CITY COUNCIL of said CITY OF LUBBOCK, hereinafter called the "OWNER", and PARKHILL, SMITH & COOPER, INC., CONSULTING ENGINEERS, of 201 Avenue R, Lubbock, Texas, and Suite 700 Southwest National Bank Building, E1 Paso, Texas, a corporation, which is duly chartered under the laws of the State of Texas and of which all stockholders are registered professional engineers, hereinafter called the "ENGINEER". WITNESSETH, that whereas the Owner requires an engineering analysis of the sanitary sewage collection system, both existing and future, required to serve the area presently within the city limits south of 50th Street and an additional area one mile wide adjacent to the southern city limits and a study of waste water treatment facilities required for future city growth. NOW, THEREFORE, the Owner and Engineer, in consideration of the mutual covenant and agree- ments herein contained, do mutually agree as follows: SECTION I - EMPLOYMENT OF ENGINEER The Owner agrees to employ the Engineer and the Engineer agrees to perform professional engineering services, as stated in the sections to follow, in connection with a study of the City of Lubbock Sanitary Sewage Collection System and Waste% -Water Treatment Facilities, and for having rendered such services, the Owner agrees to pay the Engineer the compensation specified hereinafter. SECTION II - CHARACTER AND EXTENT OF SERVICES The Eneineer shall confer with Citv versonnel to obtain pertinent information on the 35 SEP 2 , r r r r r existing sewage collection system, current city design criteria, operating data and design capaci ties of the existing waste, -water treatment facilities. The Engineer shall analyze the existing sanitary sewer system south of 50th Street to deter- mine capacities, capability of expansion and limits of extension. A sewer trunk main and outfall system shall be designed to serve all areas south of 50th Street not capable of being served by the existing sewers. The proposed trunk main and outfall shall be adequate to serve an additions area one mile wide adjacent to the southern city limits. Destination of the sewage outfall shall be coordinated with the study and recommendations for future waste/treatment facilities. water The Engineer shall analyze the existing sanitary sewer system presently serving the area bounded by 19th Street on the north, 34th Street on the south, Quaker Avenue on the west and the Yellowhouse Fork of the Brazos River on the east. The Engineer shall determine the capacities of the existing outfall lines and trunk sewers serving the area and their adequacy to serve the population now occupying the area. The Engineer shall determine the requirements for increased sanitary sewer capacity brought about by further population growth in this area, due to the con- struction of multiple unit apartments, high rise apartments, etc. He shall determine pipe sizes and recommended minimum slopes for any required additional sewers. The Engineer shall determine pipe sizes and recommended minimum slopes for all proposed sewers. Routing shall be general. The Engineer shall analyze the Southeast Waste Water Treatment Plant. The analysis shall be based on information, such as physical dimensions and operating data, furnished by the Owner and would include suitability of process being used, process capacity, component capacity, hydraulic capacity and suitability for expansion and modification. The Engineer shall prepare a development plan for waste water treatment facilities. The development plan shall include recommendations as follows: (1) the feasibility of increasing the Southeast Waste Water Treatment Plant; (2) maintaining the existing Southeast Plant at present capacity and constructing additional capacity adjacent thereto; (3) maintaining the existing Southeast Plant at present capacity and constructing additional capacity at a new site; (4) aban- doning the present plant and constructing an entirely new plant at a new site and (5) recommenda- tions regarding the treatment process to be employed in the new plant. The Engineer shall study the feasibility of storing treated sewage for municipal reuse. The study shall be based on sewage flow and municipal water consumption after 1980. The study will t based on the assumption that treatment processes will be available in 1980 to permit the reuse of sewage. Specifically the study shall include the storage of treated sewage during winter months for reuse during the summer months. The Northwest Waste Water Treatment Plant is excluded from this study. The Owner shall furnish the Engineer an estimate of sewage flow by year from the area north 50th Street. Such estimate of flow is required for the study of the waste water treatment plantE The results of the study shall be presented in a report which shall contain such text, table diagrams and maps as may be required to properly present the findings and results. Twenty-five (25) bound copies of the report shall be furnished to the Owner. The Engineer shall perform the services covered by this Section at his own cost and expense, including the cost of all labor, equipment, professional services and travel required for the Engineer's own purposes. SECTION III - PERIOD OF SERVICE This agreement shall remain in force until the report is submitted and accepted by the Owner Acceptance by the Owner of the report shall serve as evidence of completion, on the part of the Engineer of all services under the contract. The report shall be submitted not later than July 1, 1967. SECTION IV - COORDINATION WITH THE OWNER The Engineer shall hold periodic conferences with the Owner, or his representatives, to the end that the distribution system shall have full benefit of the Owner's experience and knowledge of existing needs and facilities, and be consistent with his current policies and standards. To implement this coordination, the Engineer shall maintain contact with the City Engineer, who sha] coordinate the work of the Engineer with other Departments and personnel of the Owner's organiza- tion and make available to the Engineer, for use in this study, all existing plans, maps, field notes, statistics, computations and other data in the Owner's possession relative to existing facilities. SECTION V - COMPENSATION For and in consideration of the services to be rendered by the Engineer, the Owner shall pal and the Engineer shall receive and accept the lump sum of Twelve Thousand and 00/100 Dollars ($12,000.00). Payment of such lump sum shall be made within fifteen (15) days after submission of the required copies of the completed report to the Owner. SECTION VI - OWNERSHIP OF DOCUMENTS All documents, including original drawings, estimates, specifications, field notes and data are and remain the property of the Engineer as instruments of service. The Owner may at his expense retain reproducible copies of drawings, and copies of other documents, in consideration c which it is mutually agreed that the Owner will use them solely in connection with the purpose for which they were prepared. SECTION VII - ARBITRATION OF DISPUTES Should any dispute arise hereunder between the Owner and the Engineer as to any of the term: 60 P 2 21966 or provisions of this agreement or the obligations of the parties thereunder, the Owner and the Engineer shall submit such dispute to arbitration as follows: A. The Owner and the Engineer shall each appoint an arbitrator, who together shall select a third arbitrator. B. Arbitrators shall have full power to investigate such dispute, hear witnesses, examine papers, drawings and documents, and take professional, expert opinion thereon and shall arbi- trate and decide such dispute to carry out the intentions of the parties and do justice between them. Such arbitration procedure shall be a condition precedent to any court action. C. In the event arbitrators are unable to agree upon the selection of the third arbitrator, or having selected such arbitrator, the three arbitrators are unable to reach an agreement, then the arbitration shall be considered to have been exhausted. SECTION VIII - TERMINATION The Owner may terminate this agreement at any time by a notice in writing to the Engineer. Upon receipt of such notice, the Engineer shall, unless the notice directs otherwise, immediate- ly discontinue all services in connection with the performance of this agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this agreement. As soon as practicable after receipt of notice of termina- tion, the Engineer shall submit a statement, showipg in detail the services performed under this agreement to the date of termination. The Owner shall then pay the Engineer promptly that pro- portion of the prescribed charges which the services actually performed under this agreement bear to the total services called for under this agreement, less such payments on account as have been previously made. Copies of all completed or partially completed designs, charts, tables and maps prepared under this agreement shall be delivered to the Owner when and if this agreement is terminated. SECTION IX - SUCCESSORS AND ASSIGNMENTS The Owner and the Engineer each binds himself and his partners, successors, executors, administrators and assigns to the other part of this agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this agreement; except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. IN TESTIMONY OF WHICH this instrument has been executed on behalf of the above named Engineer by an officer of the corporation, and has been executed on behalf of the Owner, the three (3) counterparts each of equal force, on the day and year first above written. ATTEST: //a LAVENIA LOWE, City Secretar -Treasurer PARKHILL, SMITH & COOPER, INC. Consulting Engineers /s/ H. Bennett Reaves H. Bennett Reaves, Secretary -Treasurer 66-25-360-953 Motion by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers (29) and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to author- ize Change Order No. 4 to W.W.O. 11381, Water Treatment Plant for wall covering for offices and hall ways. MUNICIPAL WATER TREATMENT PLANT LUBBOCK, TEXAS, EXTRA WORK ORDER NO. 4 September 20, 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. VINYL WALL COVERING Certain walls in the Control Building shall be covered with vinyl wall covering instead of painted sand finish plaster as originally scheduled. The final coat of plaster shall be smooth finish suitable to receive the vinyl wail covering. Vinyl wall covering shall be B. F. Goodrich "Koroseal" of the colors and textures schedule below: I 1 I� I LOCATION MATERIAL Room 102 All walls where plaster is scheduled Tamara Ivory #1126-15 �Rri }61 SM 2 2 j! F Room 202 East Wall Tamara Oriental Blue #1126-74 All other walls Korsair Offwhite #2226-11 Room 204 All walls where plaster is scheduled Room 206 All other walls West wall Room 208 South Wall All other walls Stair No. 2 All walls above 2nd floor level All walls below 2nd floor level Korsair Offwhite #2226-11 Korsair Offwhite #2226-11 Tamara Oriental Blue #1126-74 Tamara Oriental Blue #1126-74 Korsair Offwhite #2226-11 Korsair Marshmallow #2226-12 Plaster as scheduled 3. APPLICATOR The applicator of the vinyl wall covering material shall be approved by the manufacturer of the materials used. All application shall be done in strict accordance with the manufacturer's recommendations. 4. GUARANTY All materials and workmanship required by this extra work order shall be guaranteed by the applicator for a period of one year following date of completion of the project. Any defects due to faulty materials or workmanship that become apparent within the stated period shall be promptly corrected by the applicator at no cost to the Owner. 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 one thousand seven hundred forty-five dollars and seventy cents ($1,745.70). 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 Extra Work Order No. 4 + _1,745.70 ADJUSTED CONTRACT PRICE $3,314,130.80 ------------------------------------------------------------------------------- APPROVED: PARKHILL, SMITH & COOPER, INC., Consulting Engineers By /s/ Chester A. Green , Project Engineer September_ 20 ,1966 APPROVED: R. B. BUTLER, By APPROVED: CITY By -- ,1966 � Mayor , September 22 ,1966 66-25-361-954 Motion by Councilman Kastman, secon by Cncilman Granberry, motion carried, Mayor Rogers and (30) Councilmen Granberry, Kastman, Diek er, a 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 Mgydr of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for Pipe Line across or along Right of Way with Fort Worth and Denver Railway Company, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of Septem ATTEST: I Y LAVENIA LOWE, City Secretar -Treasurer APPROVED: /s/ Fred 0. Senter, Jr_._ . _ FRED 0. SENTER, JR., City Attorney CONTRACT FOR PIPE LINE ACROSS OR ALONG RIGHT OF WAY THIS AGREEMENT, Made and entered into as of August 22nd, 1966, between Fort Worth and Denver W, SEP 2 21966 RAILWAY COMPANY, hereinafter called the "Railway", and CITY OF LUBBOCK of Lubbock State of Texas, hereinafter called the"Licensee". WITNESSETH: ARTICLE 1: In consideration of One ($1.00) Dollar initial and only to be paid by Licensee to Railway immediately upon the execution of this agreement, and upon the terms and conditions hereinafter set forth, Railway hereby grants unto Licensee license to enter upon the premises of Railway at Lubbock, Lubbock County, Texas -Sewer line crosses under Railway's main track, yard tracks, industry tracks and 200' right of way in a northerly -southerly direction along the east side of Elm Street at Railway's MP L 359.22 and construct and thereafter maintain across or along said premises at the sole expense of Licensee, a twelve (12) inch pipe line to be used for conveying sanitary sewage only, the location of said pipe line being shown in red on the Rail- way's print No. SP 22-9021309-2 hereto attached, and made a part hereof. ARTICLE 2. The top of said pipe line shall be placed at a depth of not less than five (5) feet six (6) inches below the base of the rails of the track or tracks of Railway where it passes under the same and not less than three (3) feet below the surface of the ground at any point on Railway's property. If the said pipe line shall be of a diameter four inches or larger the portion of same directly under the said track or tracks, and under the roadbed thereof, shall be of cast iron or other material of approved strength. ARTICLE 3: The said pipe line shall be constructed and maintained in such manner and at such time or times and of such materials as shall meet with the approval of the Superintendent of Railway, and as shall not hinder, delay or endanger the operation of engines, trains, cars or business of Railway over its track or tracks now laid or hereafter laid on said premises, or in any manner interfere with the present or future use of the said premises. The Licensee shall not enter upon said premises for the purpose of constructing, maintaining or removing said pipe line except upon forty-eight hours' notice to Superintendent of Railway, and then a designated representative of Railway may oversee or inspect all of said work as it progresses, at the expense of Licensee, and performance of such work shall be subject to his approval. If deemed necessary by Railway so to do, Licensee shall, at the expense of Licensee, support the said track or tracks, as directed by Railway, while the work of constructing, maintaining or remov- ing said pipe line is being done. In the event the pipe line shall be used to carry any liquid or other substance under pres- sure, and shall be located under any track or within forty-five (45) feet of any tract, bridge or structure of the Railway, the pipe line shall be constructed and maintained strictly in accordance with Railway's Plan No. 105999D, copy of which shall be attached to, and thereby become a part of, this agreement. In case Railway shall, after said pipe line has been constructed, build upon its premises any additional track or tracks, or structures, or make any changes in existing tracks or struc- tures over said pipe line, the Licensee shall, at once, at its own expense, make such changes in its said pipe line as may be necessary to make the same conform in its relation to said new tracks or structures, or changes in existing tracks or structures, in all respects to the condi- tions herein required for said present tracks or structures, or as may be required by the Rail- way. ARTICLE 4: In the event any cathodic electrolysis or other electrical grounding system is installed in connection with said pipe line which in the opinion of Railway in any way interferes with any train signals, telephone or telegraph lines, or other facilities of Railway, the Licensee immediately shall discontinue operation of and remove said grounding system, or take such steps as may be necessary to avoid all such interference. Licensee further agrees to indemnify and save harmless Railway from and against any damages, claims, losses, suits or expenses in any manner arising from or growing out of interference with the signals, telephone or telegraph lines of Railway by the operation, use or existence of any such grounding system. ARTICLE 5: The Licensee further covenants and agrees at all times during the existence of said pipe line upon the premises of Railway to keep and maintain the soil over the same thorough- ly compacted, and the grade even with the adjacent surface of the ground, and that Licensee will at all times release, protect, indemnify and save harmless Railway from all claims, demands, judgments, loss, costs and expenses, for inJury to or death of any person, or loss or damage to the property of any person or persons whomsoever (including both parties hereto and their employ- es), in any manner arising from or growing out of in whole or in part, the construction, recon- struction, maintenance, operation, repair, change, existence, use or removal of said pipe line or the subsidence of soil over the same whether caused by the negligence of the Railway, its servants or employes, or otherwise. ARTICLE 6. If Licensee shall well and faithfully comply with all the terms, covenants, and conditions herein set forth on the part of Licensee to be observed and complied with, the license herein granted by Railway shall continue in force to the full expiration of the period of one (1) year from the date hereof, and thereafter until terminated, upon not less than sixty (60) days' written notice by either party hereto to the other; but if Licensee shall fail to perform any of the covenants herein contained, Railway shall have the right to terminate this license forthwith and without notice. Any notice herein provided for shall be sufficiently given and delivered if mailed in an envelope properly stamped and addressed to Licensee. Upon the termination of this license in any of the modes herein provided for, Licensee shall, at its own expense, upon being notified so to do by Railway, remove said pipe line from said premises, and restore the ground to a safe and level condition, and in case of its failure so to do, the Railway may at its option, either remove the said pipe line from said premises at the sole expense of Licensee, or disconnect the same at points where it enters and leaves the said pre- mises. ARTICLE 7: The Licensee shall not transfer or assign this license without the written consent of Railway. The said license shall be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first herein written. SEP 2 21! r�r rm- r ATTEST: Secretary. ATTESTA&", ; a, LAVENIA LOWE, City Secrete y-Treasurer APPROVED AS TO FORM: %_s/ J. Street __- Attorney. Recommended: /s/ E. A. Graham Asst. Chief Engineer FORT WORTH AND DENVER RAILWAY COMPANY. By. Its Vice President Jul .J. N. %SOLI LC Asst. Vice President and Gen. Mge. 66-25-363-955 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (31) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the follow- ing Resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Release of Lien in favor of J. W. Wright, 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 ful}y,,copied herein i[ detail. Passed by the City Council this 22nd day of September, ATTEST: i LAVENIA LOWE, City Greta -Treasurer APPROVED: /s/ Fred 0. Senter. Jr.. FRED 0. SENTER, JR., City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK W. D. RELEASE KNOW ALL MEN BY THESE PRESENTS: rI THAT the City of Lubbock, a Home Rule Municipal Corporation of the County of Lubbock, State of Texas, the legal owner and holder of that certain vendor's lien promissory note in the principal sum of $7,659.00 described in and secured by lien retained in a deed from the City of Lubbock to J. W. Wright, dated September 12, 1963, recorded in Volume 1006, Page 361, Deed Records, Lubbock County, Texas, and additionally secured by a Deed of Trust to Bill J. McGinnis, Trustee, of even date, recorded in Volume 415, Page 280, Lubbock County Deed of Trust Records, for and in considera- tion of full payment of said note and interest, the receipt of which is hereby acknowledged, does hereby release unto the said J. W. Wright, his heirs and assigns, the vendor's lien and deed of trust lien retained in said above described deed and deed of trust on all of the property describes in the above mentioned deed and deed of trust. 4 Dated this day 22nd of September, 1966. ATTEST: t LAVENIA LOWE, City Secreta -Treasurer 66-25-363-956 NOTICE OF CITY COUNCIL HEARING (12) NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Council will hold a public hearing on the 22nd day of September, 1966, 10:00 a.m. in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the zoning district of the property herein described be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance and map will be amended in accordance with such recom- mendation. ZONE CASE NO. 995-A - Request of Charles L. Cobb (for Mrs. John L. Vaughn) to change Lot 1, Block 3, John W. Jarrott Subdivision, an Addition to the City of Lubbock, Lubbock County, Texas, from Specific Use Plant Nursery to "C-2" Zoning District. (South side of 19th Street beginning approximately 40' east of the center line of Quaker Avenue if extended south) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. That 3 square feet of paved off-street parking area be provided for each square foot of building area. 9_ Thar_ if An indoor mnvi.p theater is constructed on the vroverty. one caved off-street W p 2 21966 parking space be provided for each 3 seats in the theater. ZONE CASE NO. 1437 - Request of Leroy Elmore (for Weldon Johnson) to change a tract of land out of Section 22, Block A, Lubbock County, Texas, from "R-1" to "R-3" Zoning District limited to apartment development only. Property is further described by metes and bounds to wit: BEGINNING at a point in the north line of 4th Street which is 60' north and 2308.6' east of the southwest corner of Section 22, Block A; THENCE North a distance of 3184.7' to a point in the south right-of-way line of Loop 289; THENCE Northeasterly along the south right-of-way line of Loop 289 a distance of 1386.1' to a point; THENCE South a distance of 3472.4' to a point; THENCE West a distance of 800' to a point; THENCE South a distance of 545' to a point in the north line of 4th Street; THENCE West a distance of 308.1' to the PLACE OF BEGINNING. (North side of 4th Street beginning approximately 2308' east of Slide Road) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. That the development be limited to apartments only. 2. That a minimum of 1500 square feet of lot area be provided for each apartment unit. 3. That 1 1/2 paved off-street parking spaces be provided for each 1 bedroom apartment unit and that 2 such spaces be provided for each 2 or more bedroom apartment units. ZONE CASE NO. 1231-A - Request of Leroy Elmore (for Oscar Nesmith and Roy McClellan) to change Lot 1, less north 25' and the north 145' of Lot 4, Block 25, Crump 5 Acre Addition, City of Lubbock, Lubbock County, Texas, from "C-3 " and "R-2" to a 11C-4" Zoning District limited to "C-3 " uses plus car dealership and motor hotel. (South side of 46th Street between Avenues P and Q The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. That a 6' solid permanent type screening fence (wood or masonary) be constructed and permanently maintained along the Avenue P property line, along the south property line extending from Avenue P to a point even with the west line of Lot 1, Wayland Addition and along the north property line ex;ending from Avenue P to a point even with the west line of Lot 10, Hilton Addition. Said fence to be constructed concurrently with or prior to the first building permit. No driveway openings shall be permitted in the fence. Pedestrian "gate" openings shall be permitted. Said fence shall not be requir- ed when a building or portion thereof, is Located within 5' of a property line, provided further that the building has no door openings more than 5' wide. 2. That no building be located closer than 100' to the Avenue P property line. 3. That any body and/or paint shops be located a minimum o 100' from property line. LAVENIA LOWE, City Se retary Treasurer City of Lubbock, Lubbock County, Texas. In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 995-A - Request of Charles Cobb (for Mrs. John L. Vaughn) to change property located on the south side of 19th Street beginning approximately 40' east of the center Line of Quaker Avenue if extended south from a Specific Use Permit Zone Change for a Plant Nursery to a "C-2 " zoning district. The Planning and Zoning Commission recommended that this request be granted, subject to the following two conditions: 1. That 3 square feet of paved off-street parking area be provided for each square foot of building area. 2. That, if an indoor movie theater is constructed on the property, one paved off-street parking space be provided for each three seats in the theater. Mr. Tom Johnson, Attorney, appeared before the City Council in support of this zone change request in behalf of Mrs. John L. Vaughn. Mr. L. W. Whitely appeared before the City Council in support of this zone change request. Mayor Rogers called for opponents to appear before the City Council, but no one came forward; whereupon Mayor Rogers announced that the hearing was dtosed. Aft&r consideration of all facts presented, motion was made by Councilman Medlock to uphold the recommendation of the Planning and Zoning Commission. There was no second to this motion. Motion was then made by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5095 on first reading, subject to the following three conditions: El 1. That 3 square feet of paved off-street parking area be provided for each square foot of building area. SUP 2 2 SO 66-25-365-960 -4. Er SEP 2 2196 mmm ow. 2. That, if an indoor movie theater is constructed on the property, one paved off-street parking space be provided for each 3 seats in the theater. 3. A 50' (fifty feet) building setback line shall ha -heed along the west property line. IN Ordinance No. 5095 was amended by _•, ORDINANCE NO. 5095 Ordinance No. 5401. 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. 995-A: CHANGE LOT 1, BLOCK 3, JOHN W. JARROTT SUBDIVISION AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM SPECIFIC USE PLANT NURSERY TO "C-2" ZONING DISTRICT; SUBJECT TO CONDITIONS: 66-25-365-957 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1437 - (13) Request of Leroy Elmore (for Weldon Johnson) to change property located on tt}e north side of 4th Street beginning approximately 2308' east of Slide Road from "R-l" to "R-2" zoning district limite. to apartment development only. The Planning and Zoning Commission recommended that this request be granted, subject to development being limited to apartments only with a minimum of 1500 square feet of lot area for each apartment unit and that one paved off-street parking space be provided for each one bedroom apartment and two spaces be provided for each two or more bedroom apartments. Mr. Leroy Elmore appeared before the City Council in support of this zone change request in behalf of Mr. Weldon Johnson. Mayor Rogers called for opponents to appear before the City Council, but no one came forward; whereupon Mayor Rogers announced that the hearing was closed. After conside- ration of all facts presented, motion was made by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5096 be passed on first reading, subject to conditions. ORDINANCE NO. 5096 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. 1437: CHANGE A TRACT OF LAND OUT OF SECTION 22 BLACK A, LUBBOCK COUNTY, TEXAS, FROM "R-l" TO "R-3" ZONING DISTRICT LIMITED TO APARTMENT DEVELOP- MENT ONLY; SUBJECT TO CONDITIONS. 66-25-365-958 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1231-A - 414) Request of Leroy Elmore (for Oscar Nesmith and Roy McClellan) to change property located on the south side of 46th Street between Avenues P and Q from "C-3" and "R-2" zoning district to a "C-4" zoning district limited to "C-3" uses plus car dealership and motor hotel. The Planning and Zon- ing Commission recommended that this request be granted, subject to the following three conditions 1. That a 6' solid permanent type screening fence (wood or masonry) be constructed and permanently maintained along the Avenue P property line, along the south property line extending from Avenue P to a point even with the west line of Lot 1, Wayland Addition and along the north property line extending from Avenue P to a point even with the west line of Lot 10, Hilton Addition. Said fence to be constructed concurrently with or prior to the first building permit. No driveway openings shall be permitted in the fence. Pedest rian "gate" openings shall be permitted. Said fence shall not be required when a build- ing or portion thereof is located within 5' of a property line, provided further that the building has no door openings more than 5' wide. 2. That nolbuilding be located closer than 100' to the Avenue P property line. 3. That any body and/or paint shops be located a minimum of 1001 from any property line. Mr. Leroy Elmore appeared before the City Council in support of this zone change request. Mayor Rogers called for opponents to appear before the City Council, but no one came forward; whereupon, Mayor Rogers announced that the hearing was closed. After consideration of all facts presented, motion was made by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yeas none voting Nay, that Ordinance No. 5097 be passed on first reading, subject to conditions. ORDINANCE NO. 5097 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. 1231-A: CHANGE THE SOUTH 425' OF LOT 1, AND THE NORTH 145' OF LOT 4, BLOCK 25, CRUMP 5 ACRE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM "C-3" AND "R-2" TO A "C-4" ZONING DISTRICT LIMITED TO "C-3" USES PLUS CAR DEALERSHIP AND MOTOR HOTEL. 66-25-365-959 Mr. Charles Adams, Jr., President of the Board of the South Plains Fair Association, appeared (16) before the City Council requesting that the City of Lubbock participate in one-half of the expense of Policing the Fair to be held September 26 through October 1, 1966. After discussion in this regard, 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 this request to be handled administratively as in 1965 and in accordance with the policy for policing Texas Tech. 66-25-365-960 (19) September 19, 1966 Mayor W. D. Rogers, Jr. City of Lubbock City Hall Lubbock, Texas Dear Mayor Rogers: Enclosed is a minute order passed this the 12th day of September, 1966 by the Lubbock County Com- missioners' Court concerning construction of a County Farm to Market road from Knoxville Avenue west to Frankfort Avenue along Erskine Street in northwest Lubbock. I have discussed this matter with Joe Morahan in the Right of Way Department and with Herschell 166 SEP 2 21966 Lindley when he was with the Planning Department. Lubbock County will construct and maintain this Farm to Market road providing the City can; (1) Prepare the necessary street dedication instruments for Right of Way acquisitions (2) Furnish the necessary engineering for Right of Way location (3) Adjust the City owned utilities for widening the Right of Way to the necessary width. Lubbock County agrees to: (1) Secure signatures on the street dedication instruments (2) Bear the cost of clearing the Right of Way except for City owned utilities (3) Construct the Farm to Market hard surfaced road (4) Maintain this Farm to Market road as a County Farm to Market until such time as the area developes to the part where a curb and gutter is necessary. Mr, Arch Lamb, County Commissioner, Precinct 1, and I plan to appear before the City Council next Thursday to discuss this project and future plans for other Farm to Market improd�ements within the City of Lubbock. I am looking forward to getting this project under way and I appreciate the fine cooperation we have received from City Hall on this matter. Sincerely, /s/ Alton Brazell Alton Brazell LUBBOCK COUNTY COMMISSIONER PRECINCT 4 Motion by Councilman Medlock, 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 proposal of the County Commissioners Court as set out in the above letter. It being also understood that the City will locate stop signs, designate speed limits and police streets in the areas. 66-25-366-961 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (36) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordi- nance No. 5008 be passed on second and final reading. ORDINANCE NO. 5008 AN ORDINANCE ABANDONING AND CLOSING THE ALLEY IN BLOCK 98, OVERTON ADDITION, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE FULLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE TH$ CLOSING AND ABANDONMENT OF SAID ALLEY. 66-25-366-962 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (36a) Councilmen Granberry, Kastman, Diekemper, 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 Frenchman's Creek Corporation, a Texas Corporation, 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 22nd day of September ATTEST: i -- LAVENIA LOWE, City ecret -Treasurer APPROVED: /s/ Fred 0. Senter. Jr. FRED 0. SENTER, JR., City Attorney THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X THAT the City of Lubbock, a Home Rule Municipality of the County of Lubbock and the 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 the Frenchman's Creek Corporation, a Texas Corp- oration, the receipt of which is hereby acknowledged, does by these presents, BARGAIN, SELL, RELEASE and FOREVER QUITCLAIM unto the said Frenchman's Creek Corporation, a Texas Corporation, its successors 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 follows, to -wit: BEGINNING at the Southwest corner of Lot 12, Block 98, Overton Addition to the City of Lubbock, Lubbock County, Texas; THENCE East a distance of 400.0 feet to the Southeast corner of Lot 5, in said Block 98; THENCE South a distance of 20.0 feet to the Northeast corner of Lot 20 in said Block 98; THENCE West a distance of 400.0 feet to the Northwest corner of Lot 13 in said Block 98; THENCE North a distance of 20.0 feet to the POINT OF BEGINNING. `36 SEP22IM 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 Frenchman's Creek Corporation, a Texas Corporation, its successors 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 title to the aforesaid premises or appurtenances, or any part thereof. WITNESS MY HAND at Lubbock, Texas, this 22nd day Cil BY: ATTEST: LAVENIA LOWE, City ecreta y-Treasurer 66-25-367-963 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (34) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acquisition of Parcel 6 from Ed Hunter for College Avenue right-of-way from 19th Street to 34th Street. This property is located at 2502 22nd Street and is Lot 22, Block 13, Ellwood Place Addi- tion. The consideration is $11,025. 66-25-367-964 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (34a) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acquisition of Parcel 13 from W. D. Green Estate for College Avenue right-of-way from 19th Street to 34th Street. This property is located at 2501 25th Street and is Lot 1, Block 8, Delmar Addi- tion. The consideration is $5,000. 66-25-367-965 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (34b) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acquisition of Parcel 19 from Lorena R. Curry for College Avenue right-of-way from 19th Street to 34th Street. This property is located at 2501 28th Street and is Lot 1, Block 3, Simmons Addition The consideration is $18,500. 66-25-367-966 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (34c) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5098 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5098 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Fut The sum $34,525.00 For the following purpose: Acquisition of Parcels 6, 13 and 19 on College Avenue. GWO 10495. Parcel 6, Ed Hunter; Parcel is located at 2502 22nd Street and is Lot 22, Block 13, Ellwood Place Addition. Consideration is $11,025.00. Parcel 13, W. D. Green Estate; Parcel is located at 2501 25th Street and is Lot 1, Block 8, Delmar Addition. Consideration is $5,000.00 Parcel 19, Lorena R. Curry; Parcel is located at 2501 28th Street and is Lot 1, Block 3, Simmons Addition. Consideration is $18,500.00. 66-25-367-967 Mr. R. W. Burr, Director of Planning and Traffic, presented information as to access to Loop 289 (25) between College Avenue and the Amarillo Highway. No action was taken by the City Council in this regard. 66-25-367-968 Mr. Sam Wahl, City Engineer, discussed the need for paving of alleys in the City of Lubbock and (26) motion was made by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting May, to authorize the paving of alleys to be included in the proposed paving program for the 1966-67 fisca: year. 66-25-367-969 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (32) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5100 be passed on first reading, subject to the relocation of utility, gas, lines at no expense to the City, ORDINANCE NO. 5100 AN ORDINANCE ABANDONING AND CLOSING THE SOUTH 8.0 FEET OF THE EAST -WEST ALLEY BETWEEN 49TH AND 50TH STREETS EXTENDTNG WEST FROM AVENUE W IN 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 ABANDONING OF SAID ALLEY AS AFORESAID. 66-25-367-970 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (37) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5099 be passed as an emergency measure. M SEP 2 21966 __ ---..--- 4 Ordinance No. 5099 was amended by Ordinance No. 6530. ORDINANCE N0. 5099 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1966; APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED: FIXING THE TIME IN WHICH SAID TAXES BE PAID; AND ASSESSING PENALTY AND INTEREST FOR NON-PAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED; AND DECLARING AN EMERGENCY. 66-25-368-971 The City Council considered revision of the "C-2A" sign regulation provision in the Zoning (22) Ordinance. Mr. Joe Horkey of Horkey Oil Company, Mr. Joe Verner of Texaco Oil Company and Mr. Bent of Phillips Oil Company appeared before the City Council requesting that the use of one "Banjo" type sign be allowed on their service stations. After consideration of all information presented, motion was made by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize this item to be tabled until the next regular meeting of the City Council. 66-25-368-972 The City Council discussed disposition of improvements to clear the newly acquired College Avenue (35) right-of-way. Motion was made by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize publication of Notice to Bidders for removal of these improvements. Bids to be taken on individual pieces of property. The City of Lubbock Park Department was also instructed to remove shrubbery from the area that can be used for various parks in the City of Lubbock. This location being between 19th and 34th Street. 66-25-368-973 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (38) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize approval of the 1966-67 Budget for the fiscal year October 1, 1966 through September 30, 1967 in a total amount of $17,395,335; hearing having been held September 8, 1966. 66-25-368-974 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (39) Councilmen Granberry, Kastman, Diekemper,and Medlock voting Yea, none voting Nay, to authorize a temporary loan in the amount of $3,500 to Southeast Lubbock Development Corporation. Repay- ment to the City of Lubbock to be "On Demand". 66-25-368-975 Mr. Bill Gillespie having appeared before the City Council, August 25, 1966, requesting permis- (41) sion to incorporate Westshire Village, said area being a small part of Carlisle, south of 19th Street, the City Council again considered this request on this date, September 22, 1966. Mr. Bill Russell, Attorney with Crenshaw, Dupree & Milam, appeared before the City Council in opposi- tion to the incorporation of Westshire Village. Motion was made by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekem- per, and Medlock voting Yea, none voting Nay, that the following Resolution be passed wherein the request to incorporate Westshire Village is denied. RESOLUTION WHEREAS, the City of Lubbock falls within the provisions of Section 3.A.(5) of Article 970a, Vernon's Annotated Texas Statutes, which grants to cities of 100,000 or more inhabitants, an extraterritorial jurisdiction consisting of all the contiguous unincorporated area, not a part of any other city, within five (5) miles of the corporate limits of such cities; and, WHEREAS, Section 8A of Article 970a states that no city may be incorporated within the area of the extraterritorial jurisdiction of any city without the written consent of the govern- ing body of such city; and, WHEREAS, a request for such consent has been made to initiate incorporation proceedings for a portion of what is known as the "Carlisle Community", such portion to be known as "Westshire Village"; and, WHEREAS, a study has been made to determine the needs of the citizens both within the City of Lubbock and those in its extraterritorial jurisdiction, including the "Carlisle Community"; NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the incorporation of a small part of a community is not in the public interest of the citizens of the City of Lubbock or those within its extraterritorial jurisdic- tion. SECTION 2. THAT the request "Westshire Village", a small part DENIED. for permission to initiate proceedings to incorporate of the "Carlisle Community" should be, and the same is hereby Passed unanimously by the City Council of the City of ATTEST: /L J LAVENIA"LOWS, City S6cretarW-Treasurer APPROVED: /s/ Fred 0. Senter. Jr. FRED 0. SENTER, JR., City Attorney 66-25-368-976 In accordance with the authorization of the City Council of September 8, 1966, hearing was held (20) as to construction of a median on Quaker Avenue from 18th Street to 19th Street. Approximately twenty persons appeared for this hearing who are residents in West Lubbock. Mr. R. W. Burr, Director of Planning and Traffic, presented the traffic plan for channelization of traffic in the area of 19th Street and Quaker Avenue and explained the purpose as to construction of a median_ Mr. Ed Napier. Attorney anneared before the Citv Council in vrotest. Mr. Napier. 369 SEP2219 representing some of the residents of the area, requested that the City Council hear all who wish- ed to be heard in this regard. Others appearing in protest were: Earl Ince, David Barnes, W. 0. Scott, J. B. Hance, Edgar G. Lewis and Joe Horkey. Dr. Sam Dunn appeared before the City Council in protest of the 19th Street median saying he felt it would damage the sale of his property. Mr. George McCleskey, Attorney, appeared before the City Council representing United Super Market r` and Westgate Addition. Mr. McCleskey requested that the City Council be sure to not make any construction that would be detrimental to these businesses. Mr. McCleskey stated that if a median is constructed in 19th Street, two or three "shadow" safety lanes should be constructed for those who wish to enter the business area. Mr. Larry Gibbs, attorney, appeared before the City Council representing the interest of Rose Drug and stated that he heartily endorsed Mr. McCleskey's request that the "shadow" protection space be in effect if a median is constructed. Mr. Joe Horkey of Horkey Oil Company also endorsed the "shadow" lane traffic plan. After the hearing the City Council requested the City Traffic Department to make further study of the area and present their findings at a later meeting. 66-25-369-977 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Rogers and (50) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize Mayor Rogers to execute a Compromise Settlement Agreement No. 39,583 with the Fort Worth and Denver Railway Company in the 140th District Court of Lubbock County, Texas. NO. 39,583 FORT WORTH & DENVER RAILWAY COMPANY IN THE 140TH DISTRICT COURT VS. OF CITY OF LUBBOCK, ET AL LUBBOCK COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT WHEREAS, on March 22nd, 1962, the City Commission passed and approved by unanimous vote on the first reading and on the 4th day of April, 1962, passed and approved by unanimous vote on final reading, Ordinance No. 3788, assessing a portion of the cost of street paving and improve- ments on East Thirty -Fifth Street in the City of Lubbock, Lubbock County, Texas, against the Fort Worth & Denver Railway Company, and against tracts of land belonging to Fort Worth & Denver Rail- way Company, as set out below: TRACT 1: BEGINNING at a point 5.48 feet south 710 37' east and 60.0 feet north 180 23' east of the northwest corner of Lot 1, Block 2, Phyllis Wheatley Addition to the City of 4 Lubbock, Lubbock County, Texas; THENCE north 180 23' east 68.13 feet; THENCE west 216.02 feet; THENCE south 710 37' east 205.00 feet to the point of beginning. Said tract was assessed for paving E. 35th Street from 86.87' W. of the EPL of Railroad Ave. to 5.48' S. E. of the EPL of Teak Ave., (Sub -Unit No. 6, Unit No. 2079), in I the following amounts: CURB & TOTAL PAVING GUTTER COST No. Ft. Diff. Rate Cost Cost 205.00 4.56391657 $935.60 $309.96 $1,245.56 f TRACT 2: BEGINNING at a point which is 5.48 feet south 710 37' east and 60.00 feet north 18° 23' east of the northwest corner of Lot 1, Block 2, Phyllis Wheatley Addition to the City of Lubbock, Lubbock County, Texas; THENCE South 710 37' east 421.79 feet; THENCE North 180 23' east 50.00; THENCE North 710 82' west 421.79 feet; THENC: South 180 23' west 50.00 feet to the point of beginning. Said Tract 2 was assessed for paving E. 35th Street from 10.04' S. E. of the EPL of Ute Ave. to 5.48' S. E. i of the EPL of Teak Ave. (Sub -Unit No. 7, Unit No. 2079), in the following amounts: CURB & TOTAL PAVING GUTTER COST i No. Ft. Diff. Rate Cost Cost 421.79 4.56391657 $1,925.01 $637.75 $2,562.76 TRACT 3: BEGINNING at a point which is 10.04 feet south 710 37' east and 60.00 feet north 180 23' east of the northwest corner of Lot 1, Block 3, Phyllis Wheatley Addition to the City of Lubbock, Lubbock County, Texas; THENCE South 710 37' east, 373.89 "— feet; THENCE North 180 23' east 50.00 feet; THENCE North 710 37' west 373.89 feet; THENCE South 180 23' west 50.00 feet to the point of beginning. Said Tract 3 was assessed for paving E. 35th Street from 10.04! S. E. of the EPL of Ute Ave. to 10.04' S. E. of the EPL of Vanda Ave. (Sub -Unit No. 8, Unit No. 2079), in the following amounts: V PAVING CURB & GUTTER TOTAL COST No. Ft. Diff. Rate Cost (Cost) 373.89 4.56391657 $1,706.40 $565.32 $2,271.72 TRACT 4: BEGINNING at a point which is 10.04 feet south 710 37' east and 60.00 feet north 180 23' east of the northwest corner of Lot 1, Block 4, Phyllis Wheatley Addition to the City of Lubbock, Lubbock County, Texas; THENCE south 710 37' east 375.09 _. feet; THENCE North 180 23' east 50.00 feet: THENCE north 710 37' west 375.09 feet: M SEP 2 21966 THENCE south 180 23' west 50.00 feet to was assessed for paving E. 35th Street 10.04' S. E. of the EPL of Walnut Ave. following amounts: PAVING No. Ft. Diff. Rate Cost the point of beginning. Said Tract 4 from 10.04' S. E. of EPL of Vanda Ave. to (Sub -Unit 9, Unit No. 2079), in the CURB & GUTTER Cost 375.09 4.56391657 $1,711.88 $567.14 TOTAL COST $2,279.02 The Fort Worth & Denver Railway Company filed this suit to set aside and void the assess- ments on the grounds set out in the Plaintiff's Original Petition. In order to compromise and settle this claim and to avoid further costs of litigation, it is agreed between Fort Worth & Denver Railway Company and the City of Lubbock that the maximum benefits to accrue to the Fort Worth & Denver Railway Company for paving and curbing gutters on the four tracts described above, is the sum of One Thousand Two Hundred Forty-five Dollars ($1,245.00). THEREFORE, in order to COMPROMISE and SETTLE this claim, Fort Worth & Denver Rail- way Company has agreed to pay and the City of Lubbock has agreed to accept the sum of $1,245.00 as the total of the benefits accrued or to accrue to Fort Worth & Denver Railway Company by reason of the paving of the four tracts and the installation of the curb and gutter along side the four tracts set out above. It is further AGREED that Fort Worth & Denver Railway Company shall, upon the payment of said sum of $1,245.00, have no further liability for payments of paving or curb and gutters along side said four tracts and that to the extent that the assess- ments against the lands of the Fort Worth & Denver Railway Company exceed the sum of $1,245.00, they are by this agreement declared null and void and of no further force and effect. The City of Lubbock agrees to hold the Fort Worth & Denver Railway Company harmless from any claims by any person or firm installing said paving, curb and gutter based on or in%any manner related to, the assessments described above. WITNESS OUR HANDS, this 22nd day of September, 1966. FORT WORTH & DENVER RAILWAY COMPANY BY: ATTEST: Secretary CIT BY: W ATTEST: &"'; LAVENIA LOWE, City Secreta y-Treasurer President NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, SEPTEMBER 22ND, 1966. ATTEST: LAVEVIA LOWE, City S retary-Treasurer READ AND APPROVED THIS THE•1 TH DAY OF OC`IOBER ATTEST.if - j4D LAVENIA LOWE, City Se etary-Treasurer Ll Ll