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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/14/1967WO SEP 14 1967 September 14, 1967 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. and W. E. Medlock, City Attorney Fred 0. Senter, Secretary -Treasurer Lavenia Lowe. Absent: None Granberry, Jack Kastman, Ray J. Diekemper, Jr., Jr., City Manager W. R. Blackwell and City 67-26-270-751 Invocation was given by Al Couch, Director of Public Services. (1) 67-26-270-752 Motion by Councilman Granberry, 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 - Special Meeting held August 17, 1967; Regular Meeting held August 23, 1967; Regular Meeting held August 24, 1967; Special Called Meeting held August 31, 1967. 67-26-270-753 Dr. David M. Cowgill, Director of the City -County Health Department, appeared before the City (6) Council and presented slides of the Health Index Survey. Mayor Rogers expressed appreciation to Dr. Cowgill for this thorough study of health needs in Lubbock. 67-26-270-754 Mr. Francisco Carrillo appeared before the City Council and presented a petition to the City (7) Council requesting that the Guadalupe area, which is bounded on the south by the Santa Fe Rail- road, north by Yellowhouse Canyon, east by Avenue H and on the west by Avenue P, be improved as to sidewalks, street paving, street lighting, traffic controls, and additional parks. Mr. Carril- lo stated that residents in this area would like an Urban Renewal project to bring their housing standards up to date. Mayor Rogers suggested to Mr. Carrillo that application be made to the local Urban Renewal Agency for a project to be started covering the Guadalupe area. There were approximately 30 persons in the Council room in connection with this request. 67-26-270-755 Mr. Paul Christensen of Trailer Mix Concrete Corporation of Vancouver, Washington, appeared before (8) the City Council and presented slides of the portable plant for trailer mix concrete. Mr. Christensen requested that a provision be made in the zoning ordinance of the City of Lubbock to cover this operation. The City Council suggested to Mr. Christensen that he apply to the Planning and Zoning Commission for this category to be added to the zoning ordinance. 67-26-270-756 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (9) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5305 be passed on second and final reading. ORDINANCE NO. 5305 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT IN ZONE CASE NO. 1489 AND PROVIDING FOR PUBLICATION. 67-26-270-757 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (10) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5307 be passed on second and final reading. Ordinance No. 6119 amended Ordinance ORDINANCE NO. 5307 No. 53LLL AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING ZONE CHANGE: ZONE CASE NO. 1490: CHANGE A TRACT OF LAND OUT OF SECTION 10, BLOCK E-2, LUBBOCK COUNTY, TEXAS FROM AN "R-l" TO A 11C-4" ZONING DISTRICT. SUBJECT TO CONDITIONS. 67-26-270-758 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (11) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5308 be passed on second anfinal readi �m Ordinance No. 6038 amended Ordinance s ORDINANCE NO. 5308 No. 5308. .- ; . r - AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1488: CHANGE LOTS 7 THRU 12, BLOCK 12, SOUTHPORT ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO A "C-4" ZONING DISTRICT. SUBJECT TO CONDITIONS. 67-26-270-759 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (12) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5309 be passed on second and final reading. ORDINANCE NO. 5309 AN ORDINANCE AMENDING CHAPTER 18 OF THE LUBBOCK CODE OF ORDINANCES ENTITLED "MOTOR VEHICLES AND TRAFFIC" BY ADDING A NEW ARTICLE XII PROHIBITING VIEW OR PASSAGE OBSTRUCTIONS AT STREET SEP 14 96 INTERSECTIONS OR WITHIN PARKWAY AREAS; PROVIDING FOR ENFORCEMENT; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE AND AUTHORIZING THE CITY SECRETARY TO PUBLISH A DESCRIPTIVE CAPTION. 67-26-271-760 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (13) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5310 be passed on second and final reading. ORDINANCE NO. 5310 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 BY CHANGING SECTIONS 15.1-2-2 GOVERNING VISION CLEARANCE. 67-26-271-761 NOTICE OF BUDGET HEARING (14) NOTICE is hereby given that at 1:30 o'clock p.m. September 14, 1967, in the City Council Room located on the second floor of City Hall at 916 Texas Avenue, in Lubbock, Texas, there will be held by the Lubbock City Council a public hearing on City of Lubbock Budget covering the fiscal year beginning October 1, 1967, and ending September 30, 1968, said Budget having been filed with the City Secretary -Treasurer for public inspection on August 10, 1967. By order of the City Council this 24th day of August, (CITY SEAL) 1967. , lij?P l� LAVENIA LOWE, City Secretar:Y-Treasurer City of Lubbock, Texas In accordance with the above Notice of Budget Hearing, hearing was held at 1:30 p.m. on the 1967- 68 City of Lubbock Budget in the City Council Chamber. No person appeared in connection with this hearing. Motion was made by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the rental uniforms for additional departments be deleted. 67-26-271-762 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (14a) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the hearing on the 1967-68 City of Lubbock Budget be closed and that the Budget for the fiscal year October 1, 1967 thru September 30, 1968 be hereby approved in the total -amount of $18,254,422.00. 67.26*271-763 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (15) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5312 be passed as an emerge i ,Ordinance No. 6530 amended Ordinance ORDINANCE NO. 5312 No. 5312. 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 1967; 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. SECTION 1. THAT there shall be levied and assessed upon all property subject to taxation within the City of Lubbock, Texas, for the year 1967, the sum of $1.18 per ONE HUNDRED ($100.00) Dollars valuation thereof, and the same shall be applied to the various funds in the following manner: $.52 per $100 valuation to the Interest and Sinking Fund .61 per $100 valuation to the General Fund .05 per $100 valuation to the Board of City Development Fund 67-26-271-764 Motion by Councilman Medlock, seconded by Councilman Granberry, motion carried, Mayor Rogers and (16) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5313 be passed on first reading. ORDINANCE NO. 5313 AN ORDINANCE DESIGNATING AS A ONE-WAY ALLEY FOR VEHICULAR TRAFFIC THE EAST -WEST ALLEY BETWEEN BAYLOR STREET AND AUBURN STREET EXTENDING FROM COLLEGE AVENUE AS DESCRIBED HEREIN; DESIGNATING THE DIRECTION OF VEHICULAR TRAFFIC; AUTHORIZING THE PLACING OF SIGNS; PRESCRIBING A PENALTY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT ALLEYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ONE-WAY ALLEY ORDINANCES; PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION. 67-26-271-765 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (17) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5314 be passed on first reading. ORDINANCE NO. 5314 AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON THE FOLLOWING STREET IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO -WIT: PORTIONS OF SLIDE ROAD FROM A POINT BEGINNING AT 50TH STREET AND EXTENDING SOUTH TO THE SOUTH CITY LIMITS OF SAID CITY OF LUBBOCK. AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. 67-26-271-766 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (18) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance r"fir t_ __ Cr­ )79 SAP 14 1567 AN APPROPRIATION ORDINANCE ORDINANCE NO. 5315 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: Traffic Light The suns $9,194.96 For the following purpose: 1. Modification of the traffic signal at 22nd Street and College - Avenue - $4,397.74 2. Installation of a traffic signal at 32nd Street and College Avenue - $4,797.22 67-26-272-767 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (19) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5316 be passed on first reading. ORDINANCE NO. 5316 AN ORDINANCE CHANGING THE NAME OF UTICA AVENUE TO TOLEDO AVENUE, AT THE LOCATION STATED HEREIN AND DIRECTING SUCH CHANGE TO BE SHOWN ON THE OFFICIAL CITY MAP. 67-26-272-768 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (20) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION A RESOLUTION PROVIDING FOR IMPROVEMENT OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARA- TION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS, THAT: I. Public necessity exists that the following portions of streets, highways, avenues and/or alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: STREET FROM TO Sherman 3rd Street 2nd Street East 15th Street Quirt Spruce Chaparral Lane Cypress Road North Texas Avenue J 38th Street 43rd Street Avenue J 44th Street 46th Street 37th Street Avenue F W. Line Lot 6, Block 2, Ross Putty Vandelia Drive Sherman Ave. Avenue Q York Ave. 35th Street 42nd Street 2nd Place College Akron Auburn Street Avenue U R. R. ROW Temple Clovis Road Auburn Paris N. Loop 289 Xavier Ivory Municipal Drive Erskine Erskine N. Globe N. Ivory East 8th Street Vanda Walnut East loth Street Vanda Walnut Vanda East 8th Street East loth Street Oak East 13th Street East 17th Street East 16th Street East Magnolia East Spruce S/2 of East 16th St. East Zenith East Cherry Avenue M 34th Street 35th Street Avenue V 38th Street 39th Street East 49th Street Teak Ute Ute Avenue East 49th Street East 50th Street Avenue J 43rd Street 44th Street 53rd Street Avenue L Avenue J Avenue J 56th Street 57th Street 57th Street Avenue J Avenue H 62nd Street Indiana 400' E. of Hartford 54th Street Memphis Kenosha 54th Street Quaker Raleigh 53rd Street Salem Raleigh 61st Street Slide Road York Raleigh Brownfield Highway Brownfield Drive 24th Street Albany 540' E. of Albany 21st Street Slide Road Vicksburg 24th Street Slide Road Wayne 25th Street Chicago Bangor 24th Street Kewanee Juneau Juneau 24th-Street 23rd Street 23rd Street Juneau Iola I 11 2/ SEP 14 186i P. York 2nd Street Kemper Street Jarvis St. & Quenton Ave. Zenith Avenue 35th Street 37th Street 56th Street N/2 58th Street Dover Avenue Marshall Street North Avenue U Glcbe Avenue Globe Avenue Globe Avenue W/2 Globe Avenue East 44th Street East 44th Street East 46th Street 5th Street E. 68' of Slide Road ALLEY 19th Street Paris Salem Salem East 6th Street Avenue N Avenue N Avenue J Avenue Q 46th Street Avenue X Marshall Street Alley roof E. 37th St. East 38th Street East 47th Street East 48th Street Quirt Avenue Locust Avenue 300' W. of Locust Avenue H 50th Street FROM N-S West of College Ave. Baylor Street N-S and E-W South of Baylor Waco Ave. West & North E-W between 4th St. and 5th St. Ave. W E-W between 7th St. and 8th St. Ave. U E-W between 7th St. and 8th St. Ave. X N-S between Ave. Q and Paris Ave. 3rd St. N-S West of Ave. 0 6th Street N-S West of Avenue 0 10th Street N-S West of Ave. 0 Main Street E-W between Broadway and 13th St. Ave. T E-W between 14th St. and 15th St. Ave. V E-W between 14th St. and 15th St. Ave. X E-W between 18th St. and 19th St. Ave. V N-S between Ave. K and Ave. L 16th Street. N-S between Ave. E and Ave. F 17th Street E•W between 33rd Street and 34th St. Ave. P E-W between 33rd St. and 34th St. Ave. X E W between 49th St. and 50th St. Ave. T N-S West of Avenue W 49th Street N-S between Ave. T and Temple Ave. 54th St. E-W between 58th St. and 59th St. Ave. P E-W between 59th St. and 60th St. Ave. P E-W between 25th St. and 26th St. Canton Ave. E-W between 35th St. and 36th St. Gary Ave. N-S West of Indiana Ave. 49th St. E-W South of 48th St. Knoxville Ave. E-W between 51st St. and 52nd St. Memphis Ave. E-W between 21st St and 22nd St. Knoxville Ave. N-S between Ave. H & Ave. G 24th Street II. 18th Street Avenue P Quaker Kemper Alley S. of 3rd Street Avenue M Avenue L Avenue L Avenue J 48th Street Avenue U Erskine Street East 37th Street East 44th Street East 48th Street East 50th Street Vanda Avenue RR ROW E. of Magnolia Ave. Locust Ave. Avenue G South Loop 289 TO Colgate Street Baylor Street Ave. X 250' West of Ave. T 100' East of College Ave. 4th St. 7th Street Main Street Broadway 250' West of Avenue S Ave. W 150' East of College Avenue Ave. W 17th Street 18th Street Ave. N College Avenue Ave. U E-W alley South of 49th St. 56th St. 135' West of Ave. P 130' West of Ave. P Boston Avenue Hartford Ave. E-W alley South of 49th St. Memphis Ave. Orlando Ave. Louisville Ave. 25th Street Said portions of streets, highways, avenues and/or alleys shall be improved by raising, grad- ing and filling same, by installing concrete curb and gutters, by installing a ten (10) foot wide reinforcement concrete strip in the alleys, reinforced concrete railroad crossings, by installing storm sewers and drains where necessary, by installing a compacted caliche base, and by surfacing with five (5) course asphaltic surface treatment (Penetration type). The City Engineer is hereby directed to prepare plans and specifications for such improve- ments. IV. Such improvements in each unit shall be paid for.in the following manner: 1. Railways and street railways using, occupying or crossing any portion of said streets, high- ways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the. cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. 1-a. Railways and street railways using, occupying or crossing any portion of said alleys to be improved shall be assessed for and shall pay for all of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. 2. The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective property and a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (1) above, provided that such part of the costs assessed to the abutting property or owners thereof shall not exceed 90% of the cost of the improvements plus the cost of the curb, and further provided that ii it shall appear at the hearing to be had before final assessment is madethat the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paic by such abutting property and the owners thereof, a lesser amount not to -exceed the benefits. 27. CEP 14 M7 2-a. The abutting property and the owners thereof shall be assessed for alley paving in the following manner. Alleys to be improved which are single family or two (2) family residential on both sides will be assessed for fifty (50%) of the cost and the alleys, where there are commercial or semi -commercial usage or zones on one side and residential property on the other side, property used for a single family residence will not be assessed. Property used for or, if vacant, zoned for two (2) family residential purposes will be assessed fifty per cent (50%) of the cost. Pro- perty used for or, if vacant, zoned for three (3) family residential purposes or more will be assessed ninety percent (90%) of the cost as will commercial and semi -commercial property. Said owners of abutting property shall pay and shall be assessed for all the cost of constructing said alley paving adjacent to such respective property and a part of the remaining cost of such improve- ments, after deducting the sum to be paid by the railways under sub -paragraph 1-a. above, provided that such part of the costs assessed to the abutting property or owners thereof shall not exceed 90% of the cost of the improvements, and further provided that if it shall appear at the hearing to be had before final assessment is made that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. 3. The remaining cost of said improvements, after deducting the sums finally assessed against railways and street railways under sub -paragraph 1, 1-a, hereof, and against abutting property and the owners thereof under sub -paragraph 2, 2-a above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by railways and street railways for work between rails and tracks -and 2 feet on each side thereof shall be paid on estimates or statements on or before ten days after acceptance of the .improvements. in the unit in which the railway lies, by the City Council and shall. bear interest from date due and until paid at the rate of 6% per an- num on street improvements and 7% per annum of, alley improvements. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in three equal installments: the first of which shall become due on or before 10 days after completion and acceptance of the improvements in the unit on which the pro- perty abutts by the City Council; the second and third one and two years respectively after com- pletion and acceptance of the improvements in the unit upon which the property abutts, by the City Council, and shall bear -interest from the date of completion and acceptance until paid, at the rate of six percent per annum on street -improvements and seven percent per annum on alley improvements payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures; then at -the option of the holder of such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. V1. Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred all under and in accordance with the Charter, and amendments thereto, now in force in this City, and in accordance with the provisions of Article 1105 B Revised Civil Statutes of Texas as amend- ed by Chapter 281 Acts of the 52nd Legislature, and most recent amended by Chapter 176 Acts of the 60th Legislature. VII. This resolution shall take effect and be in PASSED AND APPROVED THIS 14TH DAY OF SEPTEM] ATTEST: LAVENIA LOWE, City Secretdry APPROVED: /s/ Samuel W. Wahl SAMUEL W. WAHL, City Engineer APPROVED: Ls/_ Fred_0. $enter, Jr. FRED 0. SENTER, JR., City Attorney 67-26-274-769 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (22) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with Kerr Construction Company (G.W.O. 10554) for the making and construction of street improvements on portions of numerous streets and/or avenues in said City including among others the following: 11 3rd Street from its intersection with the East Property Line of Avenue "H" to its intersection with the West Property Line of Avenue "F " (South Leg) known and designated as Sub -Unit Number 7 of Unit Number 2158. t SEP 14 2967 East 15th Street from its intersection with a line 13 feet West of the West Property Line of Oak Avenue to its intersection with a line 12 feet West of the West Property Line of Quirt Avenue known and designated as Sub -Unit Number 8 of Unit Number 2158. East 15th Street from its intersection with a line 12 feet East of West Property Line of Magnolia Avenue to its intersection with a line 13 feet West of West Property Line of Oak Avenue known and designated as Sub -Unit Number 9 of Unit Number 2158. Temple Avenue from its intersection with a line 2 feet North of the North Property Line of 66th Street to its intersection with the South Property Line of Lot 18, Block 14, Vandelia Village Addition known and designated as Sub -Unit Number 11 of Unit Number 2158. Avenue K from its intersection with a line 10 feet South of the South Property Line of 2nd Place (East Leg) to its intersection with a line 10 feet South of South Property Line of 3rd Street (East Leg) known and designated as Sub -Unit Number 6 of Unit Number 2159. Redbud Avenue from its intersection with the South Property Line of East Broadway to its inter- section with the North Property Line of East 13th Street known and designated as Sub -Unit Number 12 of Unit Number 2159. Avenue "D" from its intersection with a line 10 feet South of the South Property Line of 29th Street (West Leg) to its intersection with a line.15 feet South of the North Property Line of 30th Street (East Leg) known and designated as Sub -Unit Number 14 of Unit Number 2159. Avenue B from its intersection with the North Lip Line of 30th Street to its intersection with the South Property Line of 29th Street (West Leg) known and designated as Sub -Unit Number 15 of Unit Number 2159. 46th Street from its intersection with the East Lip Line of Avenue "Q" to its intersection with the West Property Line of Avenue P known and designated as Sub -Unit Number 19 of Unit Number 2159. Avenue J from its intersection with a line 15 feet South of South Property Line of 54th Street to its interseOction with a line 8 feet South of South Property Line of 56th Street known and desig- nated as Sub -Unit Number 20 of Unit Number 2159. Cedar Avenue from its intersection with the North Property Line of East 37th Street (East Leg) to its intersection with a line 8 feet South of the South Property Line of East 36th Street (West Leg) known and designated as Sub -Unit Number 1 of Unit Number 2160. Cedar Avenue from its intersection with a line 8 feet North of the North Property Line of East 36t' Street (West Leg) to its intersection with the South Property Line of East 35th Street (East Leg) known and designated as Sub -Unit Number 2 of Unit Number 2160. Avenue T from its intersection with the Southwest corner of Lot 8, Block 16, Vandelia Village Addi tion to its intersection with the North Property Line of 66th Street known and designated as Sub - Unit Number 3 of Unit Number 2160. Temple Avenue from its intersection with a line 1 foot South of the South Property Line of 58th Street to its intersection with the North Property Line of 60th Street (East Leg) known and desig- nated as Sub -Unit Number 4 of Unit Number 2160. Temple Avenue from its intersection with the South Property Line of 60th Street (East Leg) to its intersection with the North Property Line of 61st Street (East Leg) known and designated as Sub - Unit Number 5 of Unit Number 2160. Temple Avenue from its intersection with the South Property Line of 61st Street (East Leg) to its intersection with a line 119.5 feet Southwest of South Property Line of the alley North of 62nd Street known and designated as Sub -Unit Number 6 of Unit Number 2160. Cedar Avenue from its intersection with a line 13 feet North of the North Property Line of East 34 Street to its intersection with a line 7 feet South of North Property Line of East 33rd Street known and designated as Sub -Unit Number 3 of Unit Number 2162. 8th Street from its intersection with a line 13 feet East of the West Property Line of Avenue "A" to its intersection with a line 3 feet West of West Property Line of alley West of Avenue A known and designated as Sub -Unit Number 5 of Unit Number 2164. East 1/2 of Ivory Avenue from its intersection with the North Property Line of East 49th Street to its intersection with a line 17 feet South of North Property Line of East 50th Street known and designated as Sub -Unit Number 10 of Unit Number 2164. AND WHEREAS, the improvements upon the said portions of the abovementioned streets and/or avenues, have been inspected and found to have been -constructed in accordance with terms of said contract (G.W.O. 10554). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned streets, and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct pay- ment of the City's portion of the cost. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence af.the assessments levied against the parcels of property abutting upon the said portions of the streets and/or avenues listed above and against the owners of such pro- perty in accordance with law and in the manner provided in said contract, and the proceedings with 2'76 LP 14 1967 This resolution shall take effect and be in force from and PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, ATTEST: LAVENIA LOWE, City Secreta -Treasurer APPROVED: I,s/ Samuel W. Wahl SAMUEL W. WAHL, City Engineer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney Honorable Mayor and City Council Lubbock, Texas Gentlemen: its passage. September 14, 1967 I have examined the paving improvements constructed by Kerr Construction Company, paving contractor, under their contract dated November 22, 1966, designated as G.W.O. 10554 and find the improvements on 3rd Street from Avenue H to Avenue F, East 15th Street from Magnolia to Quirt, Temple Avenue from 58th Street to 62nd Street and from 66th Street to Lot 18, Block 14, Vandelia Village, Avenue K from 2nd Place to 3rd Street, Redbud Avenue from East Broadway to East 13th Street, Avenue B and Avenue Dfrom 29th Street to 30th Street, 46th Street from Avenue Q to Avenue P, Avenue J from 54th Street to 56th Street, Cedar Avenue from East 35th Street to 37th Street and East 33rd Street to East 34th Street, Avenue T from 66th Street to Lot 8-, Block 16, Vandelia Village Addition, 8th Street from Avenue A to alley West of Avenue A, and East 1/2 of Ivory Avenue from East 50th Street to East 49th Street as listed on the final estimate and assessment sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock and issue assignable certificates against property owners for the respective amounts shown on the attached final assessment sheets as being due against them and their respective properties. Yours very truly, /s/ Samuel W. Wahl Samuel W. Wahl City Engineer CONSOLIDATED FINAL ESTIMATE G.W.O. 10554 Accepted September 14, 1967 UANTITIES S.X. S.X. S.Y. S.X. L.F. S.Y. Paving L.F. Alley Valley Re-sur-Reinf. R.R. Unit & 6" Base C&G Return Gutter facing Conc. Xing Sub -Unit Location 30 "Gutter 2158-7 3rd St. from EPL of Ave. H to 1,808.80 973.74 WPL of Ave. F (South Leg) 2158-8 East 15th St. from 13' W. of 1,985.53 1,167.08 WPL of Oak Ave. to 12' W. of WPL of Quirt Ave. 2158-9 East 15th St. from 12' E. of 2,100.04 1,370.77 WPL of Magnolia Ave. to 13' W. of WPL of Oak Ave. 2158-11 Temple Ave. from 2' N. of NPL 546.29 399.76 13.33 of 66th St. to the SPL of Lot 18, Blk. 14, Vandelia Village Add. 2159-6 Ave. K from 10' S. of SPL 1,464.72 773.47 of 2nd P1. (E. Leg) to 101 S. of SPL of 3rd St. (E. Leg) 2159-12 Redbud Ave. from SPL of E. 1,133.26 539.46 18.38 Broadway to NPL of E. 13th St. 2159-14 Ave. D from 10' S. of the 977.42 519.00 SPL of 29th St. (W. Leg) to 15' S. of NPL of-30th St. (E. Leg) 49.96 201.70 45.33 17.78 108.00 60.90 i 2159-15 Ave. B from N. Lip Line of 1,304.36 691.10 30th St. to SPL of 29th St. (W. Leg) 27 SEP 14 1967 2159-19 46th St. from the E. Lip 2,201.64 1,200.62 8.00 2.88 67.00 Line of Ave. Q to the WPL of Ave. P 2159-20 Ave. J from 15' S of SPL 2,336.00 1,260.02 34.89 of 54th St. to 8' S. of SPL of 56th St. 2160-1 Cedar Ave. from NPL of 1,132.00 578.00 10.67 E. 37th St. (E. Leg) to 8' S. of the SPL of E. 36th St. (W. Leg) 2160-2 Cedar Ave. from 8' N. of 1,132.00 578.00 10.67 the NPL of E. 36th St. (W. Leg) to the SPL of E. 35th St. (E. Leg) 2160-3 Avenue T from S.W. Corner 786.80 393.40 51.95 of Lot 8, Block 16, Vande- lia Village Add. to the NPL of 66th St. 2160-4 Temple Ave. from 1' S. of 1,115.20 619.35 13.33 the SPL of 58th St. to NPL of 60th St. (E. Leg) 2160-5 Temple Ave. from SPL of 1,049.50 587.30 17.47 60th St. to the NPL of 61st St. 2160-6 Temple Ave. from SPL of 1,079.20 586.70 18.77 61st St. (E. Leg) to 119.5' SW of SPL of the alley N. of 62nd St. 2162-3 Cedar Ave. -from 13' N. of 1,203.67 365.21 165.00 NPL of E. 34th St. to 7' S. of NPL of E. 33rd St. 2164-5 8th Street from 13' E. of 860.89 249.32 29.33 40.45 115.80 '- the WPL of Ave. A. to 3' W. of WPL of alley W. of Ave. A - 2164-10 East 1/2 of Ivory Ave. 914.40 290.00 52.00 from NPL of E. 49th St. to 17' S. of NPL of E. 50th St. TOTALS 25,131.72 13,142.30 .139.95 128.18 69.73 770.40 45.33 COST ESTIMATE ` 25,131.72 S.Y. Paving 6 " Base @ $ 1.85 $ 46.493.68 13,142.30 L.F. Curb & Gutter @ $ 1.75 22,999.02 _ .770.40 L.F. Reinforced Curb & Gutter @ $ 2.00 1,540.80 139.95 S.Y. Alley Return @ $ 6.75 1,944.66 128.18 S.Y. Valley Gutter @ $7.00 897.26 69.73 S.Y. Resurface @ $ 1.20 83.68 45.33 S.Y. R.R.Xing @ $35.00 1,586.55 CONTRACT COST $ 74,545.65 COST DISTRIBUTION Property City Escrow Unit & Contract Owner to to be Sub -Unit Cost Cost Contractor Released 2158-7 7,040.28 6,909.43 130.85 2158-8 5,715.62 5,226.39 489.23 2158-9 6,633.,64 6,781.87 - 148.23 2158-11 1,800.19 1,887.15 - 86.96 2159-6 4,063.30 3,873.82 189.48 i 2159-12 3,401.99 2,954.41 447.58 2159-14 2,838.28 2,887.66 - 49.38 2159-15 3,622.49 3.,887.39 - 264.90 2159-19 6,382.28 6,529.47 - 147.19 2159-20 6,770.87 6,717.86 53.01 2160-1 3,177.72 2,842.06 335.66 2160-2 3,177.72 2,842.06 335.66 2160-3 2,206.37 2,180.64 25.73 2160-4 3,236.96 2,683.43 553.53 2160-5 3,087.2.7 2,481.08 606.19 2160-6 3,149.94 2,645.39 504.55 2162-3 3,195.9.1 3,621.27 - 425.36 2164-5 2,741.68 1,902.76 838.92 2164-10 21303.14 _. ... � ­ 00.48 2j302.66, - n,s 11 n nnn A� n nnn re g I 8 141967 67-26-278-770 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (23) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the follow- ing resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW. WHEREAS, the City -of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with Kerr Construction Company (G.W.0.10460) for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: Fix Avenue from its intersection with a line 3 feet South of South Property Line of 26th Street to its intersection with a line 3 feet Westcf alley West of Hickory Avenue on 28th Street known and designated as Sub -Unit Number 49 of Unit Number 2131. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract (G.W.O. 10460). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK., TEXAS: I. That the improvements on said portions of the abovementioned alleys, streets, and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment -of the City's portion of the cost. II. This resolution shall take effect and be in for( PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, ATTEST: LAVENFA LOWE, City Secrets -Treasurer APPROVED: /s/ Samuel W. Wahl SAMUEL W. WAHL, City Engineer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney Honorable Mayor and City Council . Lubbock, Texas Gentlemen: September 14, 1967 I have examined the paving improvements constructed by Kerr Construction Company, paving contractor, under .their contract dated January 28, 1965, designated as G.W.O. 10460 and find the -improvements on Fir Avenue from 26th Street to alley West of, Hickory Avenue (on 28th Street) as listed on the final -estimate sheet to have been completed in accordance with the plans and speci- fications and recommend that you accept the improvements on said street, authorizing payment to the contractor the, amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock. Yours very truly, /s/ Samuel W. Wahl Samuel W. Wahl City Engineer CONSOLIDATED FINAL_ ESTIMATE-G.W.O. 10460 Accepted September 14, 1967 QUANTITIES S.Y. S.Y. S.Y. Unit ,& Paving L.F. Alley Valley Sub -Unit Location 6" Base C & G Return Gutter 2131-49 Fir Avenue from 3' S. of SPL of 26th St. to 3' W. of alley West of Hickory Ave. on 28th St. TOTALS COST ,ESTIMATE 4,178..13 2,284.70 11.50 52.54 4,178.13 2,284.70 11.50 52.54 L­ 4,178.13 S.Y. Paving 6" Base @ $1.5.0 $ 6,267.20 2,284.70 L.F. Curb & Gutter @ $1.55 3,541.28 11.50 S.X. Alley Return @ $5.9.5 68.43 52.54 S.Y. Valley Gutter @ $6.00 315.24 CONTRACT COST $10,192.15 c .2 I$kP 14 196 COST DISTRIBUTION T Unit & Contract City to Sub -Unit Cost Contractor 2131-49 $ 10,192.15 $ 10,192.15 67-26-279-771 Motion by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (24) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the follow- ing resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, the City of Lubbock passed a resolution on April 27, 1967, authorizing the construc tion of street improvements by Kerr Construction Company on a portion of the following street: Avenue P from its intersection with a line 3 feet South of South Property Line of alley North of 70th Place to its intersection with a line 3 feet South of North Property Line of Loop 289 known and designated as Sub -Unit Number 1 of Unit Number 2113. AND WHEREAS, theimprovements upon the said portion of the abovementioned street have been inspected and found to have been constructed according to the approved plans and specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS I. That the improvements on said portion of the abovementioned street be, and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's share and release escrow money. II. This resolution shall take effect and be in force PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 1 ATTEST: i LAVENLA LOWE, City ecreta -Treasurer APPROVED: /s/ Samuel W. Wahl SAMUEL W. WAHL, City Engineer APPROVED: Is/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney Honorable Mayor and City Council September 14, 1967 Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Kerr Construction Company, paving contractor, as authorized by a resolution passed on April 27, 1967 and find the improvements on Avenue P from alley North of 70th Place to Loop 289 as listed on the final estimate sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said street, authorizing payment to the contractor the amount shown on the attached consolidated final. estimate sheet as due them by the City of Lubbock. Yours very truly, /s/ Samuel W. Wahl Samuel W. Wahl City Engineer CONSOLIDATED FINAL ESTIMATE G.W.O. 2922 Accepted September 14, 1967 UANTITIES S.Y. L.F. S.Y. S.Y. S.Y. Alley C.& G Unit & Paving L.F. Alley Valley Return Removal Sub -Unit Location 9 " Base C & G Return Gutter Removal 2113-1 Ave. P from 3' S. of SPL of alley N. of 70th Pl. to 3' S. of NPL of Loop 289 2,892.12 615.70 11.11 22.78 11.11 63.2 TOTALS 2,892.12 615.70 COST ESTIMATE 2,892.12 S.Y. Paving 6 " Base @ $1.60 615.70 L.F. Curb & Gutter @ $1.55 11.11 22.78 11.11 63.2 $ 4,627.39 954.34 ` 80 J P 14 1967 11.11 S.Y. Alley Return @ $6.00 66.66 22.78 S.Y. Valley Gutter @ $6.25 142.37 11.11 S.X. Alley Return Removal @ $1.00 11.11 63.2 L. F. C & G Removal. @ $1.00 63.20 CONTRACT COST $ 5,865.07 COST DISTRIBUTION Property City Escrow Unit & Contract Owner -- to 'to be Sub -Unit Cost Cost Contractor Released 2113-1 $ 5,865.07 2,401.83 1,852.55 1,610.69 67-26-280-772 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (25) Councilmen Granberry, Diekemper, and Medlock voting Yea, none voting Nay, to authorize the paving of the south one-half of 54th Street from Kenosha Avenue 200' west. Councilman Kastman abstained from voting on this motion. 67-26-280-773 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and ` (26) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize a builders construction office to be placed temporarily on unplatted property across the alley from Lot 173, Tracy Heights Addition and authorizing utility service to this office. This build- ing to be constructed on Lot 124. 67-26-280-774 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (27) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5317 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5317 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: Sanitary Sewer Capital Improvement Fund The sum $12,000.00 For the following purpose: Payment for study of the Sanitary Sewer System by Parkhill, Smith & Cooper 67-26-280-775 September 6, 1967 (28 ) Honorable Mayor and City Council City of Lubbock Lubbock, Texas I hereby request that East Ursuline be opened up from North Quirt along Section Line. The reason for opening the street is because I want to sell my property. Since the City is planning to develop the property owned by the City East of Litton, it seems that it would be a good time for myself and the City to dedicate property for the street and to open it. SINCERELY, /s/ Joel Austin Joel Austin The City Council considered the request of Joel Austin to open East Ursuline Street, east of North Quirt Avenue as set out in the above letter.' After consideration of all information present- ed, 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 Nay, that this request for the opening of East Ursuline Street be DENIED. 67-26-280-776 Motion by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and (31) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the follow- ing resolution be passed. This is property abutting ROW at'South Traffic Circle, Tahoka Highway. RESOLUTION WHEREAS, the City Council has heretofore determined and now finds that due to increased vehicular traffic on U. S. Highway 87, U. S. Highway 84, and Avenue H at their point of conver- gence at the traffic circle located in Survey 2, Block E, Lubbock County; Texas, it is necessary to construct a grade separation at such location; and, WHEREAS, to accomplish this purpose, it is necessary to acquire for street right.of way pur- poses the fee simple title of the land hereinafter described; and WHEREAS, the -owners of the hereinafter described property, Leonard Wilson, Homer Wilson, Joe Barclay and Claude Meadows have filed an action against the City of Lubbock, being No. 53,764 on the docket of the 72nd District Court of Lubbock County, Texas, seeking to restrain enforcement, by the City of Lubbock, of Ordinance No. 3087 establishing a building line on such property, and, WHEREAS, the suit now pending aforesaid, precludes negotiations with the owners ordinarily 28. SEP 14 W; 67-26-281-777 (32) 67-26-281-778 (33 ) undertaken without such suit; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: The City Attorney is hereby authorized to cause an appraisal to be made of the following described land for the purpose of acquiring the fee simple title in and to such land for the pur- pose.of constructing a grade separation as aforestated: That property situated within Lot 1, Block 23-A, Lyndale Acres Addition to the City of Lubbock, Lubbock County, Texas, as the same is described in Cause No. 53,764 in the 72nd District Court of Lubbock County, Texas, and -Ordinance No. 3087. THAT the owners of said land be offered, through the City Attorney, the amount appraised as the value and total damage for the fee simple title and acquisition of said land for the pur- pose stated, for the use and benefit of the City of Lubbock, and unless accepted forthwith, the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire the fee simple title to said land as hereinabove describe. for street purposes. Passed by the City Council this 14th day of September, ATTEST: LAVENIA ALOWE, City Secretar -Treasurer APPROVED: Isl Fred 0. Senter, Jr. FRED 0. 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. 5318 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5318 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: Fire Station Bond Fund The sum $3,600.00 For the following purpose: $1,750 for landscaping, $1,850 forfurnishings for new #9 Fire Station at 4814 50th Street. 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 the follow- ing resolution be passed. RESOLUTION WHEREAS, the City of Lubbock entered into a lease agreement with the Girl Scouts of Lubbock, Texas, for the lease of property located at 2600 Avenug P, Lubbock, Texas and WHEREAS, the parties to such lease desire to renew and extend such agreement for an additional 20 years from September 14, 1967, upon the same terms and conditions of the original lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: That the Mayor of the City of Lubbock is hereby authorized to execute on behalf of the City of Lubbock, a renewal and extension of such lease agreement as sltd above. Passed by the City Council this 14th day of Septbff, 1. ATTEST: i LAVENIA LOWE, City ecreta -Treasurer APPROVED: Isl Fred 0. Senter, Jr. FRED 0. SENTER, JR. City Sttorney W. D. ROGERS, JR., STATE OF TEXAS X COUNTY OF LUBBOCK RENEWAL AND EXTENSION OF LEASE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: I t f 1 1 r W - - - .. - . - T _ _ _ _ _ _ 1 2 1 _ _ - _1 - - - - - - - - - - - - V _ « -I- -I- P 141967 Girl Scouts of Lubbock, Texas, as Lessee, for the leasing of the following described tract of land situated in Lubbock County, Texas, to -wit: All of Lots 1, 2, and 3 in Block 31 of the MCCrummen 2nd Addition to the City of Lubbock, together with an additional tract of land next abutting on the West of Lot 3, said tract being 100 feet in width and the same length as Lot 3, being further described as: Beginning at the Southwest corner of Lot 3, for the place of beginning; Thence West 100 feet parallel to the South line of Lot 3; Thence North to a point in a line projected 100 feet West of the Northwest corner of Lot 3; Thence East 100 feet to the Northwest corner of Lot 3; Thence South along the West property line of Lot 3, to the Southwest corner of Lot 3, all of said property being situated in Lubbock County, Texas; such lease to be for a period of twenty years beginning the 15th day of September, 1967, and terminating on the 14th day of September, 1987, with lessee having an option to extend the lease period for an additional twenty years from the expiration date of the original term, and WHEREAS, the Caprock Girl Scout Council as owner and holder of such lease has exercised its option to extend and renew such lease upon the terms and conditions provided therein, NOW THERE- FORE, 104'L441� That the City of Lubbock, as Lessor, and the Caprock Girl Scout Council, as Lessee, do here- by renew and extend the lease entered into on the 15th day of September, 1947 upon the same terms and conditions and covering the property described above for a period of twenty years from the 14th day of September, 1967. Executed at Lubbock, Texas, this 14th day of September, 1967. CITY OF s r ATTEST: BY. •' W. D. ROGERS, A., Ma r #I a 1AVENtA LOWE, City Secre ry-Treasurer APPROVED: CAPROCK GIRL SCOUT COUNCIL, Lessee /s/ Fred_ 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney BY: 67-26-282-779 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and (34) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize a loan to Southeast Lubbock Development Corporation in the amount of $3,500 to cover operating deficits at Greenfair Manor for the month of September, 1967. 67-26-282-780 (35 ) 67-26-282-781 (36) 67-26-282-782 (37 ) 67-26-282-783 (38) Bids as follows were received for purchase of various size water meters, to establish price for a period of one year, being Bid No. 9901. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor 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 Neptune Meter Company - Dallas for the purchase of items 1, 3, and 4. Accept the bid of Hersey-Sparling Manufacturing Company for the purchase of item 2. Bids as follows were received for purchase of oil and grease for a period of one year, being Bid No. 9911. Bid Tabulation set in Bid Book. seconded by Medlock After consideration of all bids received, motion was made 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 Continental Oil Company for purchase of items 1-8 and 14. Accept the bid of McLain Oil Company for purchase of items 9 and 11. Accept the bid of Horkey Oil Company for purchase of items 10, 12, and 13. Bids as follows were received for purchase of gasoline for a period of one year, being Bid No. 9917. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Continental Oil Company for the purchase of gasoline for a period of one year. Bids as follows were received for purchase of Hexametaphosphate for a period of one year, being Bid No. 9907. Ll r 6­0 Bid Tabulation set in Bid Book. After consideration of all bids received, 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 Nay, to authorize acceptance of the bid of Calgon Corporation 2t SEP 14 1E 67-26-283-784 Bids as follows were received for purchase of sulfuric acid for a period of one year, being Bid (38a) No. 9905. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 Nay, to authorize acceptance of the bid of Shamrock Oil and Gas Company - Amarillo for purchase of sulfuric acid for a period of one year. 67-26-283-785 Bids as follows were received for purchase of fuel oil and diesel oil for a period of one year, (38b) being Bid No. 9904. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 Nay, to authorize acceptance of the bids as follows: Accept the bid of Gulf Oil Corporation for purchase of fuel oil for a -period of one year. Accept the bid of Ince Oil Company for purchase of diesel oil for a period of one year. 67-26-283-786 Bids as follows were received for purchase of hydrogen, oxygen and -acetylene for a period of (38c) one year, being Bid No. 9908. Bid Tabulation set in Bid Book. After .consideration of all bids received, 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 Nay, to authorize acceptance of the bid of Big Three Welding Company for the purchase of hydrogen, oxygen, and acetylene for a period of one year. 67-26-283-787 Bids as follows were received for purchase of 2 trucks, pickup type for the Sanitation Department, (39) being Bid No. 9921. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of International Harvester Company for the purchase of two pickup trucks for the Sanitation Department. 67-26-283-788 NOTICE TO BIDDERS (40 ) Sealed proposals addressed to Floyd Nesbitt, Purchasing Agent, City of Lubbock, Texas will be received at the office of the Purchasing Agent until 3:00 P.M. September 8th, 1967, for labor and partial material to dig approximately 1121 feet 16" - 18 " ditch, lay 4" plastic conduit, bore under street and railroad rights -of -way and build four pullbox manholes for the City of Lubbock, Texas. The City Council will consider the bids on September 14th, 1967 at the City Hall, subject to the ri$ht to reject any or all bids and to waive formalities. Bids may not be withdrawn after they are §ubmitted. 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 contract price executed by a surety company authorized to do business in Texas. Plans and specifications are on file in the Office of the City Electrical Engineer, 502 Municipal Drive, Lubbock, Texas. CITY OF LUBBOCK,.TEXAS By: Floyd Nesbitt, Purchasing Agent Bids as follows were received for installation of underground electric line on Texas Tech Campus, being Bid No. 9920. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 Nay, to authorize acceptance of the bid of Clark Trucking Company for installation of an underground electric line on Texas Tech campus. This line being on the east side of Indiana Avenue and crosses under the Panhandle and Santa Fe Railroad tracks and undex the Texas Tech Freeway. 67-26-283.789 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (43) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to approve the 1967 City and School Tax Rolls in the following amounts: Value Real Property Value Personal Property Total Tax Value Total Taxes for the year 1967 $ 455,790,100.00 115,430,220.00 571,220,320.00 $ 8,911,036.38 67-26-283-790 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (44) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the follow- ing resolution be passed. RESOLUTION WHEREAS, on March 10, 1966 City Council acted in the appointment of a nine (9) member Board of Trustees to serve as members of the Board of Trustees of the Community Center for Mental Health and Mental Retardation in accordance with Art. 5547-203 V.A.T.C. more commonly referred to 284 14 bw WHEREAS, the membership of this Board was not included in the minutes of said meeting which are recorded in Minute Book 25 at Page 110 although a letter to Dr. S. H. Frazier, Commissioner of Mental Health and Mental Retardation of the State Department of Mental Health and Mental Re- tardation was authorized to advise him of the appointment of such Board, and. WHEREAS, the following named persons are now acting as members of the Board of Trustees and have been acting for some time, and WHEREAS, it is deemed advisable and necessary that these persons be named and that their acts be ratified and confirmed by the City Council of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT, the following persons be and are hereby named as members of the Board of Trustees for Mental Health and Mental Retardation of Lubbock County, Texas, to -wit: Mayor W. D. Rogers,,Jr., City Hall, Lubbock, Texas County Judge Rod Shaw, New Courthouse, Lubbock, Texas Dr. S. M. Kennedy, Texas Tech, Lubbock, Texas Dr. Ishmael Hill, 1715 26th Street, Lubbock, Texas Judge Pat Moore, New Courthouse, Lubbock, Texas Mr. Barnie Rushing, % Hemphill -Wells, Lubbock, Texas Dr. 0. Brandon Hull, 1907 Avenue q, Lubbock, Texas Mr. George Brewer, Methodist Hospital, Lubbock, Texas Mr. Archie Huckabee, Lubbock National Bank, Lubbock, Texas AND, be it further those other persons who since their appointment resolved that the acts of the Board of Trustees have constituted such Board of Trustees who have on March 10, 1966 BE and are h Passed by the City Council this 14th day of September, ATTEST: i LAVENIA LOWE, City Secre ry-Treasurer APPROVED: Isl Fred 0. Senter. Jr. FRED 0. SENTER, JR., City Attorney as herein named, and subsequently resigned 67-26-284-791 Motion by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and (29) 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 STREET USE FRANCHISE attached herewith which shall be spread upon the minutes of the Council -and as spread upon the minutes of this Council shall con- stitute and be a part of this Resolution as if fully copied herein in email. Passed by the City Council this 14th day of September, ATTEST: I LAVENIA LOWE, City S Greta -Treasurer APPROVED: Isl Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney STREET USE FRANCHISE THE STATE OF TEXAS I COUNTY OF LUBBOCK X This indenture made this 14th day of September, 1967, between the City of Lubbock, Texas, a Home Rule Municipality, hereinafter called "CITY" and The Lubbock National Bank, hereinafter called "GRANTEE". WITNESSETH: Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas, does hereby grant unto Grantee, its successors and assigns, the right., privileges and franchise to use a portion of the public way as hereinafter described for the purpose of constructing and maintain- ing intake and exhaust air ducts, beneath, on the surface of and above such public way as follows: R BEGINNING at a point 15 feet East of the Northwest corner of Lot 6, Block 104, Original Town of Lubbock, Texas; SO 1419E THENCE North 2 feet to a point; THENCE West 29 feet to a point; THENCE South 2 feet to the POINT OF BEGINNING. 1. A drawing of such construction is attached hereto and made a part hereof and the use granted hereby is limited to that shown on such drawing. 2. The term of this grant shall be for twenty (20) years from the date of adoption hereof and thereafter for a period running from month to month at the will of the City. 3. Grantee shall pay to the City as a compensation for such grant the sum of TEN AND N01100 ($10.00) DOLLARS, per year for the duration of this franchise, with the first year payable on execution of this instrument and a like sum payable on January 1 of each succeeding year for the duration of this franchise. 1"P 4. Payment of the annual fee provided above shall be made by Grantee to City on January 1 of each year this franchise is in effect. Notice of such fee being due shall be sent by the City to Grantee and upon failure of Grantee to pay such fee within thirty (30) days from receipt of suc i notice, the City shall consider such non-payment as a default in this franchise and the City Counc shall determine whether such franchise shall be considered.forfeited and may elect to demand vaca- tion by Grantee. 5. Prior to any construction as authorized by this franchise, the Grantee shall submit to the City Engineer plans and specifications for the construction to be done, and the Grantees shall not commence construction until such plans and specifications are approved by the City Engineer. 6. The Grantees agree to pay all costs arising out of the exercise of the franchise herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utili ties of any nature occasioned by the construction as authorized by this franchise. Grantee shall keep the alley and/or sidewalk over such underground construction, along with the surface and abov ground portion of this grant, in such condition and repair that it will be safe for use by the public and in a manner satisfactory to and approved by the City Engineer, and shall at all times comply with the ordinaces of said City regulating the use of space underneath and over streets, alleys and sidewalks of said City. 7. In the event the City determines that the existence of such use interferes with or cause the re-routing or re -aligning of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the City or franchised utility, Grantee agrees to reimburse the City of Lubbock, or such utility, as the case may be, for its expense of such reloca ting or re-routing over and above the expense which would have been incurred except for Grantee's use herein. 8. This franchise is made subject to the condition that should the Grantees, their successor or assigns, exercise any right under the franchise herein granted and prepare or begin or complete any part of the construction as herein contemplated, under and across any or all of the above set out property, then and in that event said Grantees, their successors or assigns, will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants, and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this franchise or the construction or maintenance herein contemplated, and will further replace or repair any damage and pay in full all losses or expenses that the City of Lubbock, may sustain, incur, or become liable for resulting in any manner from the construction, maintenance and use permitted herein. City, at its option, may require an agreement with any contractors hired by Grantees to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the City from and -against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The City may further require such contractor to furnis without expense to City, a reliable surety bond, in an amount and in the form satisfactory to saic City, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability and property damage insur- ance within limits specified by, and in a form satisfactory to, said City, covering the contrac- tual liability assumed by contractor in said agreement with City. 9. At such time as this franchise should be canceled or revoked for any reason before or after the expiration of the primary term, the improvements that are permitted under this franchise shall be removed by the Grantees and the property restored toits original condition at no cost or expense to the City of Lubbock. In the event Grantee fails or refuses to remove such improvementf after demand by City, the City shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against Grantee for which Grantee shall be liable. 10. All of the covenants and provisions of this franchise shall be binding upon and inure tc the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the Grantees, their successors or assigns, shall be binding upon the City of Lubbock without the consent of the City of Lubbock in each instance. 11. Grantee, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and Grantee waives any and all claims in and to the public way he is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this franchise. twN AL ATTEST: l f ` k CIT) By:- W. 86 141967 67-26-286-792 (21) 67-26-286-793 (42 ) AGREED TO AND ACCEPTED THIS day of 1967. LICENSEE: THE LUBBOCK NATIONAL BANK By: Vice President APPROVED: /s/ Fred 0. Seater, Jr._ FRED 0. SENTER, JR., City Attorney APPROVED: /s/ Samuel W. Wahl SAMUEL W. WAHL, City Engineer Motion by Councilman Diekemper, seconded by Councilman Medlock,motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION WHEREAS, the City Council, by resolution adopted November 10, 1966, recorded in Volume 459, Pages 437 et. seq. Deed of Trust Records of Lubbock County, Texas expressed the intent to improve certain streets and avenues within the City of Lubbock as more particularly described and designa- ted therein, and WHEREAS, the City Council, after a public hearing, determined that certain streets and avenues should, at this time, be deleted from the street improvement program for 1967 as more particularly set out in such Resolution and the City Council is of the opinion that the streets and avenues as more particularly described hereinafter in the body of this Resolution should now be deleted from the street improvements as described in said Resolution and that all liens expressed andimplied in law, created or affixed on the lots, tracts, or parcels of land abutting or adjacent to such streets and avenues as well as any and all clouds on the title thereto arising out of or by virtue of such Resolution be released and removed; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT those certain streets and avenues described as follows: Unit No. Street From _ To 2158-1 North Hartford Avenue 2158-2 North Hartford Avenue 2158-3 North Hartford Avenue 2159-24 Akron Avenue from 20' S. of the SPL of Jarvis Street to 20' N. of the NPL of Itasca Street from the SPL of Itasca Street to the NPL of Harvard Street from the N. Lip Line of Grinnell Street to the SPL of Harvard Street from the South Lip Line of 38th Street to the North Lip Line of 39th Street BE and the same are hereby deleted from said street improvement program of the City of Lubbock for 1967; same being a part or portion of the streets and avenues within the City of Lubbock described in that certain Resolution adopted November 10, 1966, recorded in Volume 459, Pages 437 et. seq. Deed of Trust Records of Lubbock County, Texas, and said Resolution shall have no further legal force or effect on said streets and avenues as described herein; and any and all liens expressed and implied in law; created or affixed on the lots, tracts or parcels of land abutting or adjacent to such streets and avenues as well as any and all clouds on the title there- to arising out of or by virtue of such Resolution be and the same are hereby released and removed. Provided, however, that this Resolution shall not in any wise be constructed as altering, chang- ing or releasing the legal force and effect of said Resolution and Ordinance No. 5185 enacted pursuant to -the intent expressed in such Resolution in so far as those streets and avenues which are not particularly described herein. n Passed and Approved this 14th day of September, 1967. ATTEST: f LAVENTA LOWE, City Secretar -Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney APPROVED: /s/ Samuel W. Wahl SAMUEL W. WAHL, City Engineer PRESENTATION TO CITY COUNCIL 1. Each of you has a letter explaining items the Fair Assoc, has done for the City. r 2. Let us make clear ---we realize the City has also done many, many things for the fair. 3.- Our main concern --- at the immediate time --- is proper protection of the citizens' of sEA 1 �� 4 I9b/ Lubbock and the entire area who will be attending the 1967 Fair. 4. We have always cooperated with the Police Dept. by using the number of men they thought were necessary for proper protection. Along this --- as mentioned in the letter --- we added extra men to our Security Force last year which raised our total police cost almost $1,000.00. This does not include the Policemen who are hired annually --- strictly by the Fair Assoc. --- to handle the Security in the Exhibit Bldgs. and the Nightwatching duties. This amount paid in 1966 was $1,425.25 --- borne completely by -the Fair Assoc. That made total police costs to the Fair in 1966 $5,172.25. 5. Our current plans are to use about the same number of men as last year --- a payroll of over $5,000.00. 6. In view of past arrangements between the Fair and the City --- and in view of the ever-present and especially pressing possibility of an emergency requiring on -the -spat attention --- we are requesting the City of Lubbock participate with us in furnishing protection for all the people visiting the Fair. We are not asking .the City to participate in guarding the Exhibit Bldgs. or the Nightwatching --- as we fully accept this responsibility. 7. This is our request --- Mr. Bob Gee appeared before the City Council requesting that the City pay a portion of the cost of police protection for the South Plains Fair Association to be held September 25 thru September 30, 1967. After due discussion, motion .was made by Councilman Diekemper, seconded by Councilman Medlock, emotion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that this request be tabled for study. _ 67-26-287-794 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (41) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5215 be passed on second reading. 67-26-287-795 (41a) 67-26-287-796 (41b) 67-26-287-797 (30) ORDINANCE NO. 5215 ORDINANCE OF THE CITY OF LUBBOCK, TEXAS GRANTING TO PIONEER NATURAL GAS COMPANY (A CORPORA- TION WITH ITS PRINCIPAL OFFICE IN THE -CITY OF AMARILLO, POTTER COUNTY, TEXAS) THE RIGHT TO CONDUCT IN SAID CITY THE BUSINESS OF AOQUIRING, MAINTAINING, INSTALLING AND OPERATING A GAS PLANT FOR THE TRANSMISSION AND DISTRIBUTION OF NATURAL GAS TO THE CITY OF LUBBOCK AND THE INHABITANTS THEREOF FOR LIGHT, HEAT, POWER AND OTHER PURPOSES, AND THE RIGHT TO USE THE STREETS, ALLEYS AND OTHER PUBLIC WAYS IN SAID CITY FOR SAID PURPOSES: PRESCRIBING THE CONDITIONS, LIMITATIONS AND RESTRICTIO UNDER WHICH SAID PRIVILEGES MAY BE EXERCISED: AND PRESCRIBING A TERM OF TWENTY (20) YEARS FOR SAID FRANCHISE RIGHTS. Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting Yea, Councilman Diekemper voting Nay, that Ordinance No. 5319 be passed on first reading. ORDINANCE NO. 5319 AN ORDINANCE DEFINING AND PRESCRIBING THE GENERAL SERVICE RATE APPLICABLE TO THE SALE OF NATURAL GAS AND NATURAL GAS SERVICE BY PIONEER NATURAL GAS COMPANY TO ITS CUSTOMERS WHO USE NATURA GAS WITHIN THE CITY LIMITS OF LUBBOCK, TEXAS, AND PROVIDING AN EFFECTIVE DATE. 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. 5320 be passed on first reading. ORDINANCE NO. 5320 AN ORDINANCE FIXING AND LEVYING RENTALS AND CHARGES ON GROSS RECEIPTS TO BE PAID BY PERSONS, FIRMS, AND CORPORATIONS ENGAGED_ IN THE BUSINESS OF SELLING AND DISTRIBUTING WITHIN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, TEXAS, OF NATURAL GAS, GAS ENERGY AND GAS POWER AND USING THE STREETS, ALLEYS AND OTHER THOROUGHFARES IN SAID CITY LIMITS FOR GAS PIRELINES, GAS DISTRIBUTION SYSTEM AND OTHER FIXTURES; PROVIDING FOR TIME AND MANNER OF PAYMENTS AND PROVIDING FOR MAKING REPORTS OF GROSS RECEIPTS. Motion by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the follow- ing resolution be passed. RESOLUTION BE IT RESOLVEDBY 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 RIGHT-OF-WAY AGREEMENT attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall con- stitute and be a part of this Resolution as if fully copied herein in detA4. Passed by the City Council this 14th day of September, ATTEST: �011v:""11;1 LAVENIA ENE, City Secretary Treasurer APPROVED: I . - . - - - 88 SEP 14 1961 THE STATE OF TEXAS X COUNTY OF LUBBOCK X RIGHT-OF-WAY AGREEMENT THIS Agreement made this 14th day of September, 1967 between the City of Lubbock, a Home Rule Minicipality, hereinafter called CITY and Fred E. West, hereinafter called GRANTOR, WITNESSETH Grantor and the City for and in consideration of the terms and .covenants set forth below by these presents enter into an agreement, covering the property described on the attached Exhibit "A" and the attached Cut and Fill Map, as follows: 1. Grantor agrees to dedicate to the public for street purposes the areas of Quaker Avenue as shown as Tracts 1 and 9 of Exhibit "A". 2. Grantor agrees to convey without cost by Warranty Deed to the State of Texas, the areas of the new location of the Loop 289 intersection with Quaker Avenue as shown as Tracts 6 and 7 of Exhibit "A". 3. Grantor agrees to convey without cost a Warranty Deed to the City of Lubbock, the lake area shown as Tract 2 on Exhibit "A". 4. Grantor agrees to pay the paving assessment of $5,312.44 for paving the West side of the part of Quaker Avenue on the North side of Loop 289. 5. The City agrees to fill the areas shown as Tracts 3 and 4 on Exhibit "A" so that such tracts will be at or above the established high water mark of the lake area with such fill to be at no cost to Grantor to the extent shown on the brown shaded area of the cut and fill map attached hereto. 6. The City agrees to fill that part of Tracts 1 and 6 as shown on Exhibit "A" and the atta- ched cut and fill map, in the new right-of-way of Quaker Avenue and Loop 289 at no cost to Grantor. 7. In the event the City is successful in its attempts to obtain Tracts 5 and 8 on Exhibit "A" from the State of Texas, then and in such event, these tracts shall be conveyed by the City to the owners of the land adjacent to such tracts without cost to such adjacent owners subject, however, to the reservation of drainage or other easements as may be required. In the event Tract 5 is conveyed to the adjacent owner and the owner -desires to fill Tract 5 to the high water elevation, the City agrees to furnish the necessary fill from the adjoining lake area with the actual fill work to be made by the adjacent owner in accordance with an approved cut and fill plan with the provision that such fill is to be made within two (2) years of the date Tract 5 is conveyed to the adjacent owner. 8. The City agrees to pay all costs involved in the relocation of curbs, gutters, pavement and other relocations necessary for all changes to Loop 289 as such may be required by this street relocation. 9. The curb and gutter to be placed on Tract 1 shall be completed on or before DECEMBER 31, 1967 provided, however, Grantor shall extend to the City an additional reasonable period of time in the event the completion is delayed by conditions not under the control of the City such as bad weather. 10. Grantor hereby grants the City permission to enter upon any of the property stated herein for the purpose of proceeding with the work agreed herein. ll.. All fill material used in fill to high water mark, shall be taken from the herein describ- ed property of Grantor at no cost to the City. 12. Grantor agrees to furnish satisfactory proof of title including either abstract or title policy as the City may require and upon furnishing such evidence of title, the conveyances herein agreed to shall be executed within thirty (30) days -after submission of such instruments by the City to the Grantor. Executed this 14th day of September, 1967. ATTEST: LAVENIA LOWE, City Secretar -Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR, City Attorney NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUN ADJOURNED MEETING, SEPTEMBER 14, 1967. D. ROGERS, JR., or ATTEST: k, 4 ■ SEP 14 L L READ AND APPROVED THIS THE 28TH DAY OF SEPTEMBER, 1967 ATTEST ) UV IA LOWE, dit3F Secretary -Treasurer