HomeMy WebLinkAboutMinutes - City Council - Regular - 9/22/1966`354
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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;
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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
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;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.
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357
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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
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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!
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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
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SEP 2 2196
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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.
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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