HomeMy WebLinkAboutMinutes - City Council - Regular - 11/9/196760Z
NOV 9 1967
67-26-362-931
(1)
67-26-362-932
(2)
67-26-362-933
(3 )
67-26-362-934
(9 )
67-26-362-935
(10)
67-26-362-936
(11)
67-26-362-937
(12)
November 9, 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. Granberry, Jack Kastman, Ray J. Diekemper, Jr.,
and W. E. Medlock, City Attorney Fred O. Seater, Jr., City -Manager W. R. Blackwell, Assistant
City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe.
Absent: None
Invocation was given by Councilman Jack Kastman.
Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and
Councilmen Granberry, Kastman, Diekemper, and Nedlock voting Yea, none voting Nay, to authorize
approval of City.gouncil Minutes - Regular Meeting held October 25, 1967; Regular Meeting held
October 26, 1967.
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 Ordinance
No. 5350 be passed on second and final reading.
AN APPROPRIATION ORDINANCE
ORDINANCE NO. 5350
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;
IAKII!a4;i:1q144[+1;;�I
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 $89,604.97
For the following purpose: Construction of 27" water distribution main in Quirt Avenue from
50th Street to 66th Street and 20" water main in 66th Street from
Quirt Avenue to Magnolia Avenue.
Contract $88,215.85
Material Furnished by City 979.12
Paving Repair 410.00
$89,604.97
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 Ordinance
No. 5346 be passed on second and final reading.
ORDINANCE NO. 5346
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. 1500: CHANGE LOTS 1 THRU 4, BLOCK G, BUTLER
ESTATES ANNEX, AND LOT 7 AND THE WEST 1/2 OF LOT 6, BLOCK A, BUTLER ESTATES ADDITION, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "R-3" ZONING DISTRICT, SUBJECT TO CONDITIONS.
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 Ordinance
No. 5347 be passed on second and final reading.
ORDINANCE NO. 5347
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 BY ADDING A NEW SECTION 14-A.1-17 GOVERNING
HOSPITALS OR CLINICS FOR SMALL ANIMALS.
Motion by Councilman Diekemper, seconded by Councilman Nedlock, motion carried, Mayor Rogers and
Councilmen Kastman, Diekemper and Medlock voting Yea, Councilman Granberry voting Nay, that
Ordinance No. 5348 be passed on second and final reading.
ORDINANCE NO. 5348
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. 1499: CHANGE A TRACT OF LAND OUT OF SECTION
7, BLACK E-2, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO AN "R-3" ZONING DISTRICT: SUBJECT TO
CONDITIONS.
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 Ordinance
No. 5349 be passed on second and final reading.
361
Noy
67-26-363-938
(13)
ry
67-26-363.939
(14)
oft
7"
sw
ORDINANCE NO. 5349
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS,
ENTITLED "STREETS AND SIDEWALKS", BY AMENDING SUB -SECTION (f) OF SECTION 28-50 TO PROVIDE AN
EXCEPTION TO SIDEWALK REQUIREMENT WHEN AN ADDITION OR IMPROVEMENT IS MADE TO EXISTING SINGLE
FAMILY RESIDENCE.
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 Ordinance
No. 5340 be passed on second and final reading.
ORDINANCE NO. 3340
AN ORDINANCE ABANDONING AND CLOSING AN ALLEY BETWEEN BLOCK 3 AND BLACK 6, C. L. VAUGHN ADDI-
TION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF
THIS ORDINANCE; AND DIRECTING THE CITY ENGINEER TO MASK THE OFFICIAL MAP OF THE CITY OF LUBBOCK
TO INDICATE THE CLOSING AND ABANDONMENT OF SAID ALLEY.
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 follow-
ing resolution be passed.
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 CLAIK DEED to Texas Drive -Ur -Self, Inc., a Texas
Corporation, attached herewith which shall be spread upon the minutes of the Council and as spread
upon the minutes of the Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the Council this 9th day of November, 19
ATTEST:*LLOMWE.,
LAVENity ecreta -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 the State
of Texas, for and in consideration of the sum of ONE AND NO/100(#1.00) DOLLARS, and other good
and valuable donsideration to it in hand paid by Texas Drive -Ur -Self, Inca a Texas Corporation,
of the County of Lubbock and the State of Texas,.the receipt of which is hereby acknowledged,
does by these presents BARGAIN, SELL, RELEASE AND FOREVER QUIT CLAIM unto the said Texas Drive -
Ur -Self, Inc., its successors and assigns, all its rights, title and interest to those certain
tracts or parcels of land lying in the County of Lubbock and the State of Texas, described as
follows, to -wit:
BEGINNING at the Southeast corner of Block 3, C. L. Vaughn Addition to the City of Lubbock,
Lubbock County, Texas;
THENCE West 249.0 feet to the Southwest corner -of said Block 3;
THENCE South 20.0 feet to the Northwest corner of Lot 4, Block 6 of said C. L. Vaughn Addi-
tion;
THENCE East 249.0 feet to the Northeast corner of Lot I in said Block 6;
THENCE North 20.0 feet to the POINT OF BEGINNING.
TO HAVE AND TO HOLD THE said premises, together with all and singular the rights, privileges
and appurtenances thereto in any manner belonging unto the said Texas Drive -Ur -Self, Inc., a
Texas Corporation, its successors and assigns forever, so that the said City of Lubbock, not its
successors and assigns:, nor any person or persons claiming under it shall, at any time hereafter
havo, claim or demand any right or title to the aforesaid premises or appurtenances, or any part
thereof.
WITNESS MY HAND at Lubbock, Texas, this 9th day
ATTEST:
LAVEN LOWE, City Secrets -Treasurer
cr.
By
364
IV 9 1967
APPROVED:
/s/ Fred 0. Senter, Jr._
FRED 0. SENTER, JR., City Attorney
67-26-364-940 Mr. R. W. Burr, Director of Planning and Traffic, presented to the City Council Population and
(15) Economics_ Report - 1964-1985. This being a comphrensive planning report prepared by the Plannin '
Department. The City Council commended Mr. Burr and his department for this complete and inform-
ative report.
67-26-364-941 The City Council considered request for Sunday parking on Avenue X between Broadway and 13th
(16) Street. After consideration of all information presented, motion was made by Councilman Gran-
berry, seconded by Councilman Diekemper, motion carried, Councilmen Granberry, Kastman, Diekemper
and Medlock voting Yea, none voting Nay, to authorize Mayor Rogers to abstain from voting on
this motion. Motion was then made by Councilman Medlock, seconded by Councilman Diekemper,
motion carried, Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay,
to authorize Sunday parking on Avenue X between Broadway and 13th Street.
67-26-364-942 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(17) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize
installation of"Fire" flashing signals in front of the new Fire Station No. 9 located at 50th
Street and Utica Avenue.
67-26-364-943 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(17a) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordina
No. 5351 be passed as an emergency measure.
AN APPROPRIATION ORDINANCE ORDINANCE NO. 5351
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 $1,225.00
For the following purpose: Labor and materials for the installation of Fire Control Signals on
West 50th Street in front of Fire Station #9.
67-26-364-944 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(19) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the
following resolution be passed.
RESOLUTION
RESOLUTION ACCEPTING INPROVZ4ENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES AS LISTED
BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED.
WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and
resolutions and entered into contract with Kerr Construction Company (G.W.O. 10554) for the mak-, Ang and construction of street and/or alley improvements on portions of numerous alleys, streets
and/or avenues in said city including among others the following:
East 1/2 of Nashville Avenue from its intersection with a line 16.00-feet North of the South
Property Line of 34th Street (East Leg) to its intersection with the North Property Line of 35th�
Street known and designated as Sub -Unit Number 23 of Unit Number 2158.
East 1/2 of Nashville Avenue from its intersection with the North Property line of 36th Street
to its intersection with the North Property Line of the alley North of 36th Street known and
designated as Sub -Unit Number 24 of Unit Number 2158.
Embankment on North Gary Avenue at Loop 289 known and designated as Part of Sub -Unit Number 2
of Unit Number 2164.
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 saki 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 alleys, streets, and/or avenuee
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.
That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver
certificates in evidence of the assessments levied against the parcels of property abutting upon
the said portions of the alleys, streets and/or avenues listed above and against the owners of
such property in accordance with law and in the manner provided in said contract, and the procee -
ings with reference to said improvements and assessments where such assessments were levied.
NOV � �
911%
I"
OR
on
67-26-365-945
(20)
PASSED AND APPROVED THIS 9TH DAY OF NOV$MBER,
ATTEST:
7AVENA LOWE, City ecret -Treasurer
APPROVED:
/s/ Samuel W. Wahl
SAMDEL W. WAHL, City Engineer
APPROVED:
/s/ Fred 0. $enter, Jr.
FRED 0. SENTER, JR., City Attorney
Honorable Mayor and City Council
Lubbock, Texas
Gentlemen:
November 9, 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 the East 1/2 of Nashville Avenue from 34th Street to 35th Street and the East
1/2 of Nashville Avenue from 36th Street to the alley North of 36th Street and embankment in Nord
Gary Avenue at Loop 289 as listed on the final estimate sheet to have beAn completed in accordance
with the plans and specifications and recommend that you accept the improvements on said streets
and/or avenues, authorizing payment to the contractor the amount shown on the attached consolidat-
ed 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 Acce ted November 9 1967
IIANTITISS
S.Y. S.Y. S.Y. C.Y.
Unit & Paving L.F. Alley Re-sur- Embank -
Sub -Unit Location 6" Base C & G Return facins went
2158-23 Bast 1/2 of Nashville Avenue from
the N.P.L. of 35th Street to 16'
N. of the S.P.L. of 34th Street
(E. Leg)
2158-24 East 1/2 of Nashville Avenue from
the N.P. L. of 36th Street to the
N.P.L. of the alley N. of 36th
Street
Part of
2164-2 Embankment on North Gary Ave. at
Loop 289
241.60 158.30 11.73 90.60
165.89 140.90 14.40 38.15
790.70
TOTAL 407.49 299.20 26.13 128.75 790.70
COST ESTR%
407.49
S.Y.
Paving 6" Base
@$1.85
$ 753.85
299.20
L.F.
Curb & Gutter
@$1.75
523.60
26.13
S.Y.
Alley Return
4$6.75
176.38
128.75
S.Y.
Resurface
@$1.20
154.50
790,40
C.Y.
Embankment
@$9.75
593.02
CONTRACT COST $ 2,201.35
COST DISTRIBUTION
Unit & Sub -Knit Contract Cost Property Owner Cost CitX to Contractor
2158-23 $ 911.88 655.23 256.65
2158-24 696.45 445.03 251.42
Part of
2164-2 593.02 593.02
TOTAL $2,201.35 1,100.26 1,101.09
Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and
Councilmen Granberry, Kastman., Diekemper and Medlock voting Yea, none voting Nay, that the follow
ing resolution be passed.
RESOLUTION
RESOLUTION ACCEPTING DTROV$MENTS ON A PORTION=OF A STREET AS LISTED BELOW:
V 9 1967
WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the
subdivider of Glenridge Addition, Lots 131-129, made arrangements with Kerr Construction Company
for the construction of paving improvements on certain streets dedicated in said subdivision
under the provisions of said Ordinance prior to the recording of the subdivision plat of Glen -
ridge Addition Lots 131-129 including the following street:
The South 1/2 of 54th Street from its intersection with the West Lot Line of Lot 131, Glenridge
Addition to its intersection with a line 8.00 feet West of the West Property Line of Kenosha
Avenue (North Leg) known and designated as part of New Subdivision Unit Number 732.
AND WHEREAS, the construction of the above improvements on the abovementioned street was
performed under the supervision of the City Engineer, and said improvements have been completed
and have been inspected and found to have been constructed in accordance with City specifica-
tions and in accordance with the provisions of City Ordinance 1331.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEAS.
I.
That the improvements on said portions of the abovementioned street be and the same are
hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of
the city's portion of the cost and to release escrow money.
II.
This resolution shall take effect and be in force from and after passage.
PASSED AND APPROVED THIS 9TH DAY OF NOVEMBER, 1967.
f
j&kff",L,r,FjrAF A 4 ALI&C-C 0Z Pf PAO
LAVENIA LOWS, City creta -Treasurer
APPROVED:
fs/ Samuel W. Wahl
SAMUEL W. WAHL, City Engineer
APPROVED:
/s/ Fred 0. Senter, Jr_.__
FRED 0. SENTBR, JR., City Attorney
Honorable Mayor and City Council
Lubbock, Texas
Gentlemen:
W. D. ROGERS, JR.,
November 9, 1967
J
i
I have examined the paving improvements constructed by Kerr Construction Company, paving
contractor, under their contract with the subdividers of Glenridge Addition, Lots 131-129 and
find the improvements on the South 1/2-of 54th Street from the West Line of Lot 131, Glenridge
Addition to 8' W. of the WPL of Kenosha Avenue as listed on the final estimate sheet to have
been completed in accordance with the plans and specifications and recommend that you accept
the improvements on said streets and/or avenues, authorizing payment to the contractor the
amount shown on the attached consolidated final estimate sheet as due them by the City of
Lubbock.
Yours very turly,
Isl Samuel W. Wahl
Samuel W. Wahl
City Engineer
CONSOLIDATED FINAL ESTIMATE GLENRIDGE ADDITION LOTS 131 - 129 Acce ted November 9 1967
UANTITIES
S.Y.
Unit & Paving
Sub -Unit Location 6" Base
Part of
NS 732 South 1/2 of 54th Street from the West Lot line 338.31
of Lot 131, Glenridge Addition to 8' West of the
WPL of Kenosha Avenue (N. Leg)
Total 338.31
COST ESTIMATE
338.31 S.Y. Paving 6" Base @ $1.775 $ 600.50
CONTRACT COST $ 600.50
COST DISTRIBUTION
Unit & Sub -Unit Contract Cost Escrow to be Released
Part of
NS 732 $ 600.50 $ 600.50
3(-)%r
ROY 9 196/
an
on
OR
67-26-367-946 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and
(21) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting May, that the follow
ing resolution be passed.
RESOLUTION ACCEPTING D!PROVEMBNTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the
subdivider.of Town West Addition, Lots 152-167 & 192-264 made arrangements with Kerr Construction
Company for the construction of paving improvements on certain streets dedicated in said subdivi-
sion under the provisions of said Ordinance prior to the recording of the subdivision plat of
Town West Addition including the following streets:
36t4 Street from its.intersection with a line 3 feet West of.the West Property Line of the alley
West of Elkhart Avenue to its intersection -with the West Line of Lot 167 Town West Addition known
and designated as Part of New Subdivision Unit Number 1653.
Englewood Avenue from its intersection with the South edge of strip paving in 34th Street to its
intersection with a line 9.55 feet North of the North Property Line of 36th Street, West Leg,
known and designated as New Subdivision Unit Number 1655.
35th Street from its intersection with a line 15 feet West of the West Property Line of Englewood
Avenue to its intersection with a line 3 feet West of the West Property Line of the alley West of
Englewood Avenue known and designated as New Subdivision Unit Number 1656.
AND WHEREAS, the construction of the above improvements on the abovementioned streets was
performed under the supervision of the City Engineer, and said improvements have been completed
and have been inspected and found to have been constructed in accordance with City specifications
and in accordance with the provisions of.City Ordinance 1331.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
I.
That the improvements on said portions of the abovementioned streets be and the same are
hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of
the City's portion of the cost and to release escrow money.
II.
This resolution small take effect and be in i
PASSED AND APPROVED THIS 9TH DAY OF NOVEMBER,
ATTEST•
l//a
LAVENIA LOWE, City Secretary
APPROVED:
/a/ 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
Lubbock, Texas
Gentlemen:
November 9, 1967
I have examined the paving improvements constructed by Kerr Construction Company, paving
contractor, under their contract with the subdividers of Town West Addition and find the improve-
ments on Englewood Avenue from 34th Street to 36th Street, 35th Street from Englewood Avenue to
the alley West of Englewood and 36th Street from the alley East of Englewood Avenue to the West
Line _of Lot 167,.Town West Addition 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 sdid streets and avenues, authorizing payment to the contractor the amount shown on the
attached consolidated final estimate sheet as due them by the City of Lubbock.
Yours very truly,
Is/ Samuel W. Wahl
Samuel W. Wahl
City Engineer
CONSOLIDATED FINAL ESTIMATE TOWN WEST ADDITION LOTS 152-264 Accepted November 9, 1967
QUANTITIES
S.Y. S.Y. 2 Course
Unit & Paving. L.F. Alley Paving
Sub -Unit Location _ _._ 6"Base _.._C & G Return S.Y.
Part of
NS 1653 36th St. from 3' W. of the WPL of 2,344.87 1,239.34
the alley West of Elkhart Ave. to
the West Line of Lot 167, Towne
:36
Nov 9 1967
NS 1655 Englewood Avenue from the S. Edge
of strip paving in 34th St. to
9.55' N. of the NPL of 36th St.
W. Leg
NS 1656 35th St. from 15' W. of the WPL
of Englewood Ave. to 3' W. of the
WPL of the alley W. of Englewood
TOTALS
COST ESTIMATE
1,886.32 1,058.58 388.76
473.35 287.94 29.41
4,704.54 2,585.86 29.41 388.76
4,704.54
S.Y. Paving 6" Base
@
$1.48
$ 6,962.72
2,585.86
L.F. Curb & Gutter
@
$1.43
3,697.78
29.41
S.Y. Alley Return
@
$5.25
154.40
388.76
S.Y. Paving (Two course)
@
$1.25
485.95
CONTRACT
COST
$11,300.85
Property
Unit &
Contract
Owner
Sub -Unit
Cost
Cost
Part of
NS 1653
$ 5,242.66
$ 5,242.66
NS 1655
4,791.47
4,791.47
NS 1656
1,266.71
1 266.71
TOTALS $ 11,300.85
$ 11,300.85
67-26-368-947 Motion by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers
(22) and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the
following resolution be passed. -
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF AN AVENUE AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the
subdivider of Oats Addition, Lot 2, made arrangements with J. T. (Red) Robertson and Lowell
McDonald for the construction of paving improvements on a certain street dedicated in said sub-
division under the provisions of said Ordinance prior to the recording of the subdivision plat
of Oats Addition, Lot 2 including the following street:
The West one-half of Zenith Avenue from its intersection with a line 175 feet South of the South
Property Line of Parkway Drive to its intersection with a line 208.9 feet South of the South
Property Line of Parkway Drive known and designated as New Subdivision Unit Number 1734.
AND WHEREAS, the construction of the above improvements on the abovementioned street was
performed under the supervision of the City Engineer, and said improvements have been completed
and have been inspected and found to have been constructed in accordance with City specifications
and in accordance with the provisions of City Ordinance 1331.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
I.
That the improvements on said portions of the abovementioned street be and the same are
hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of
the City's portion of the cost and to release escrow money.
II.
This resolution shall take effect and be in force from and aft
PASSED AND APPROVED THIS*9TH DAY OF NOVEMBER, 1967.
ATTEST
LAVE IA LOWE, City Secretary
APPROVED:
Lsl Samuel W. Wahl
SAMUEL W. WAHL, City Engineer
APPROVED:
Isl Fred _0. Seater, Jr.
FRED 0. SENTER, JR., City Attorney
%r %e a N
W. D. ROGERS,
s passage.
Honorable Mayor and City Council
Lubbock, Texas
Gentlemen:
November 9, 1967
I have examined the paving improvements constructed by J. T. (Red) Robertson and Lowell
3(
Now 9 m61
we
no
+"
McDonald, paving contractors, under their contract with the subdividers of Oats Addition, Lot 2,
and find the improvements on the West 1/2 of Zenith Avenue as listed on the final estimate sheet
to have been completed in accordance with the plans and specifications and recommend that you
accept the improvements on said avenue, 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 OATS ADDITION LOT 2 Accented_ November 9. 1967
QUANTITIES
S.Y.
Unit & Location Paving L.F.
Sub -Unit 6" Base C & G
NS 1734 The W 1/2 of Zenith Avenue from 175' S. of the 71.57
SPL of Parkway Drive to 208.9' S. of the SPL of
Parkway Drive
.COST ESTIMATE
71.57 S.Y. Paving 6 " Base @ $1.85 $ 132.40
33.90 L.F. Curb & Gutter @ $1.75 59.33
CONTRACT CAST $ 191.73
- COST DISTRIBUTION
Property
Unit & Sub -Unit Contract Cost Owner Cost
NS 1734 $ 191.73 $ 191.73
33.90
67-26-369-948 Notion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(24) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance
No. 5352 be passed on first reading.
AN APPROPRIATION ORDINANCE �� .� ORDINANCE NO. 5352
oddat
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;
to' NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
rdz-
. vwud re is bexeby appropriated out of the following described bend fund, to -wit: Sanitary
f mot*, IN .I I o* 3seU # ., jL,. Sewer Capital Project Fund
iThe km $2ag5tOO :alas bve ' Ft at(
-ve
N,w
For the following purpose: Construction of curb and gutter for drainage at the Southeast Water
Reclamation Plant.
67-26-369-949 Notion -by Councilman Medlock, seconded by Councilman Diekemper, 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
WHEREAS, the Urban Renewal Plan for the Coronado Urban Renewal Project as revised August 31,
1960, which was approved and adopted by the Governing Body of the City of Lubbock on March 23, 194
contains Exhibit URP-Cl, Land Use Map, which designates certain streets south of Coronado Drive
and west of Fir Avenue to remain open, and
.f
WHEREAS, the Redeveloper for this area desires that these streets be closed in order to make
the property more suitable for his development, and
WHEREAS, the proposed change does not alter the general land use of the area concerned nor
hamper the access of the remaining property to be developed nor affect the functions and purposes
of said Urban Renewal Plan in any manner, and
WHEREAS, the proposed change was submitted to the Department of Housing and Redevelopment
and said department concurred that this was a minor change in said Urban Renewal Plan, and
WHEREAS, the Urban Renewal Agency and the Planning and Zoning Commission of the City of
Lubbock have reviewed the proposed change and approved its adoption, and
WHEREAS, it is desirable that the City Council of the City Council of the City of Lubbock
approve and adopt this minor change, NOW, THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the minor change of said Urban Renewal Plan closing certain streets south of Coronado
Drive and west of Fir Avenue and abandoning the streets and improvements therein, as shown on
the map, attached hereto and made a part hereof, entitled Exhibit A. be and is hereby approved
and adopted.
47091967
i
W'' D. , #J
ATTEST: ' ei
r
LAVENA LOWE, City Secre y-Treasurer
APPROVED:
s/ Fred 0,. Seater, „Jr.
FRED 0. SENTER, JR., City Attorney
67-26-370-950 Notion by Councilman Granberry, seconded by Councilman Wedlock, motion carried, Mayor Rogers
(33) and Councilmen Granberry, Kastman, Diekemper and Wedlock voting Yea, none voting Nay, to author-
ize loan to Southeast Lubbock Development Corporation in the amount of $3,500 to cover operating
deficits at Greenfair Manor for the month of November, 1967.
67-26-370-951 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(34) Councilmen Granberry, Kastman, Diekemper and Wedlock voting Yea, none voting Nay, that Ordinance
No. 5354 be passed as an emergency measure.
AN APPROPRIATION ORDINANCE ORDINANCE NO. 5354
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: Fire
Station Building Fund
The sum $1,200..00
For the following purpose: The purchase and installation of a fire hose drying cabinet which
will be a permanent part of the new #9 Fire Station located at
4814 50th Street.
67-26-370-952 Mrs. Lavenia Lowe October 27, 1967
(6) Secretary, City of Lubbock
City Hall
Lubbock, Texas
Dear Mrs. Lowe:
We respectfully request that we be placed on the agenda for the meeting of the City Commission
on November 9, 1967.
In January 1968, this bank proposes to request a building permit to consolidate the present
building of American State Bank and the Sellers, Jondahl, Jenkins Furniture building next door
into one bank building. In this connection, we wish to request continuation of recessed parking
across the front of both buildings on Avenue Q and across the east end of the Sellers, Jondahl,
Jenkins building.
This bank will be represented by me and by Mr. James Atcheson,
Respectfully submitted,
/sl Weldon Gibbs
WELDON GIBBS
Vice President
Mr. Weldon Gibbs and Mr. James Atcheson, architect, appeared before the City Council. Motion
was made by Councilman Kastman, seconded by Councilman Wedlock, motion carried, Mayor Rogers and
Councilmen Granberry, Kastman, Diekemper and Wedlock voting Yea, none voting Nay, to grant the
request for continued recessed parking as set out in the above letter. Mr. Atcheson stated to
the City Council in the event Avenue Q is widened or repaved, these property owners will coope-
rate in the widening program. The building Inspection Department to issue building permit for
construction of the new building without reconstruction of the paving and curb. Mr. Gibbs statef
to the Council that neither he nor Mr. Atcheson can "bind" the American State Bank as to their
position in the event of widening and repaving of Avenue Q and the Bank's positions to parking
arrangements in the event of such widening and repaving, however, herfelt that the. Bank would,
cooperate if at all possible.
67-26-370-953 lair. Earnest Ofnemus, Postmaster, appeared before the City Council rr nesting angle parking at
(7) the new post office located between 15th Street and 16th Street and Avenue E and Avenue G.
After consideration of this request, motion was made by Councilman Kastman, seconded by Council-
man Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and
Wedlock voting Yea, none voting Nay, to authorize angle parking at the new post office building
as follows:
1. Angle parking on the south side of 15th Street, on the north side of 16th Street, and on the
west side of Avenue B between 15th Street and 16th Street.
2. Thirty minute parking limit hereby authorized on the south side of 15th Street beginning at
Avenue G and extending east to the first driveway; 30 minute parking hereby authorized on
the north side of 16th Street beginning at Avenue G and extending east to the second drive-
way.
67-26-370-954 The City Council considered the request of Gear, Clutch, and Joint, Inc., 124 East Broadway, for
(18) a break in the double yellow line in front of 124 East Broadway. After consideration of this
request, motion was made by Councilman Diekemper, seconded by Councilman Wedlock to DENY this
request fora break in the double yellow line at 124 East Broadway. This motion failed to
carry by the following vote: Councilmen Diekemper and Medlock-voting Yea, Mayor Rogers and
Councilmen Kastman and Granberry voting Nev. Motion was then made by rnunnilman TtAnt-man
37
NOV 9 ],%7
a"
am
am
�1
W4
W. 40 feet.
The removal of the double yellow stripe to be from 164' W. of Date Ave, exten<
124 East Broadway, /The line to be removed 164 feet west of Date Avenue. This motion carried by
the following vote: Mayor Rogers and Councilmen Granberry and Kastman voting Yea, Councilmen
Diekemper and Medlock voting Nay. The City Council requested the City staff to make a study of
the traffic on Broadway from Avenue A east, regarding the double yellow line, and make recommenda-
tions of their findings to the City Council.
67-26-371-955 Motion by Councilman Kastman, seconded by Councilman Diekemper, 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 ALLEYS AS LISTED BELOW AND ORDERING THE
ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED.
WHEREAS, the City of Lubbock heretofore passed various alley improvement ordinances and
resolutions and entered into contract with High Plains Pavers, Inc. G.W.O. 10555 for the making
and construction of alley improvements on portions of numerous alleys in said city including
among:. others the following:
The East-West alley between 9th Street and loth Street from its intersection with a line 12 feet
East of the West Property Line of Avenue U to its intersection with a line 12 feet West of the
East Property Line of Avenue V known and designated as Sub -Unit Number 13 of Unit Number A-391.
The East-West alley between 18th Street and 19th Street from its intersection with a line 12 feet
West of the East Property Line of Avenue V to its intersection with a line 12 feet East of the
West Property Line of Avenue U known and designated as Sub -Unit Number 18 of Unit Number A-391.
The East-West alley between 19th Street and 20th Street from its intersection with a line 14
feet West of the Bast Property Line of Boston Avenue to its intersection with a line 226.7 feet
East of the East Property Line of Boston Avenue known and designated as Sub -Unit Number 20 of
Unit Number A-391.
AND WHEREAS, the improvements upon the said portions of the above wntioned alleys have been
inspected and found to have been constructed in accordance with terms of said contract fG.W.O.
10555).
THEREFORE, BE - IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS:
I.
That the improvements on said portions of the abovementioned alleys 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.
That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver
certificates in evidence of the assessments levied against the parcels of property abutting upon
the said portions of the alleys listed above and against the owners of such property in accordant
with lsw and in the manner provided in said contract, and the proceedings with reference to said
improvements and assessments where such assessments were levied.
This resolution shall take effect and be in force
PASSED AND APPROVED THIS 9TH DAY OF NOVEMBER 1967
ATTEST:
LAVENIA LOWE, City Secret ry-Treasurer
APPROVED:
lsl Samuel W. Wahl
SAIMUEL W. WAHL, City Engineer
APPROVED:
lsl Fred 0. Senter. Jr.
FRED 0. SENTER. , JR., City Attorney
Honorable Mayor and City Council
Lubbock, Texas
Gentlemen:
November 9, 1967
I have examined thle paving improvements constructed by High Plains Pavers, Inc., paving
contractor, under their contract dated November 22, 1966, designated as G.W.O. 10555 and find
the improvements on the East-West alley between 9th Street and loth Street from Avenue U to
Avenue V, the East-West alley between 18th Street and 19th Street from Avenue U to Avenue V and
the East-West alley between 19th Street and 20th Street from Boston Avenue to 226.7, East of
Boston Avenue as listed on the final estimate and assessment sheets to have been completed in
accordance with the plans and specifications and recommend that you accept the improvements on
said alleys, 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
1
OY 9 �ssr
YOURS VERY TRULY,
/s/ Samuel W. Wahl
Sameul W. Wahl
City Engineer
CONSOLIDATED FINAL ESTIMATE G.W.O.
10555 Accepted November 9. 1967
QUANTITIES
S.Y.
Unit &
L.F.
Alley
Sub -Unit Location
C & G
Pavinst
A-391-13 The E-W alley between 9th St. and
10th St. from 72.00
698.89
12' E. of the WPL of Ave. U to 12'
W. of the
EPL of Ave. V
A-391-18 The E-W alley between 18th St. and
19th St. from 72.00
698.89
12' W. of the EPL of Ave. V to 12'
E. of the WPL
of Ave. U
A-391-20 The E-W alley between 19th St. and
20th St. from 44.80
265.24
14' W. of the EPL of Boston Ave. to 226.7' E. of
the EPL of Boston Ave.
TOTALS 188.80
1,663.02
COST ESTIMATE
188.80 L.F. Curb & Gutter
@ $1.85 $ '349.28
1663.02 S.Y. Alley Paving
@ $6.80 11,308.53
CONTRACT
COST $ 11,657.81
COST DISTRIBUTION
II
Unite & Sub -Unit Contract Cost.
Property Owner. Cost_ Cites
to Contractor _
A-391-13
$ 4,885.65
$ 3,159.80
$ 1,725.85
A-391-18
4,885.65
3,721.99
1,163.66
A-391-20
„ 1,1886.51
1,228.03
658.48
TOTAL $ 11,657.81
$ 8,109.82
Amount approved this acceptance
Amount due next acceptance
$ 3,547.99
$ 3,471.99
$ 76.00
67-26-372-956 The City Council considered the request of the Fort Worth and Denver Railway Company that
(25) ordinance authorizing industry tracks across Avenue G in the Morningside Addition be repealed.
Aftei consideration, motion was made by Councilman Kastman, seconded by Councilman Diekemper,
motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea
none voting May, that Ordinance No. 5353 be passed on first reading. To repeal Ordinance No.
1420. The industry track having never been constructed.
ORDINANCE NO. 5353
AN ORDINANCE REPEALING ORDINANCE NO. 1420 WHICH GRANTED TO THE FORT WORTH AND DENVER RAIL-
WAY COMPANY, ITS ASSIGNEES, SUCCESSORS, AND LESSEES, THE RIGHT, POWER AND PRIVILEGE OF LOCATING,
BUILDING, ERECTING, CONSTRUCTING AND PROPERLY MAINTAINING ONE OR MORE RAILROAD INDUSTRY TRACKS,
AND TO OPERATE ENGINES, CARS AND TRAINS THEREON, UPON, OVER AND ACROSS AVENUE "0, IN THE MORN-
INGSIDE ADDITION, LUBBOCK, TEXAS.
67-26-372-957 The City Council considered the request of Citadel Transmission Company to locate pipe line
(26) installation within the City's right-of-way from approximately Gary Avenue and Clovis Road to
Reese Air Force Base; said pipe line to carry jet fuel. Motion was made by Councilman Kastman,
seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, and
Kastman voting Yea, Councilmen Diekemper and Medlock voting Nay, that a price of $1,840 be
charged for location of this line. Before construction of the pipe line, Citadel Transmission
Company to request a license from the City of Lubbock to cover this installation.
67-26-372-958 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(28) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize
the Mayor to execute resolutions commending all City departments reaching their United Fund
goal. The resolution to be in the following form:
RESOLUTION
WHEREAS, the United Fund Campaign for the year 1967 Anno Domini has presented a greater
challenge to the hearts and resources of the citizens of the City of Lubbock than ever before;
and
WHEREAS, the employeAs of the Dept. Name • Office of the City of Lubbock have responded
with magnificent generosity, matey ally expressing their good will towards others by contribu-
ting of their resources; and
II
F"
I
WHEREAS, the City Council of the City of Lubbock desires to Express its gratitude and
admiration for the spirit which prompted this action; NOW THEREFORE:
-BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: THAT the (Hepartment Name) of the City of Lubbock be and is hereby
..;
372A
%0 vk
va
F
r
F
4r %s
72B
67-26-373-959 '
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE Form CB-41
Welfare Administration Budget Bureau No. 122-R474 I'
Children's Bureau
Approve{ Expires: 9.30-66
Washington, A.C. 24241
`I MATERNITY AND INFANT CARE PROJECT
Application
Application is hereby made to the Children's Bureau for a Maternity and Infant Care Project grant in the amount
and for the period indicated, and for the purpose described in the project plan submitted with this application and
Ah assetgaflae with the eerWalells 4416wl
I. PERIOD FOR WHICH GRANT IS REQUESTED: 2. AMOUNT REQUESTED:
FROM —January TO December % 1968 S 108,694.00,
(Month) (Day) (rear) (IdonthJ (bay) (rear)
3. ESTIMATE OF FUTURE REQUIREMENTS:
2nd year S. 125}000.00 3rd year; 4th ear;
y 17,`_000,no _Sth year S 200,OOQ.QQ_
4. HEALTH AGENCY CONTRIBUTION:
6. HEALTH AGENCY:
NAME:Lubbock City -County Health
LOCALITY: P.O. Box 998 Lubbock
STATE: Texas 79408
8. EXECUTIVE OR FINANCIAL OFFICER:
NAME: Sterling Miller
TITLE: Director of Finance
ADDRESS: City Hall
Lubbock, Texas 79108;
5. SOURCE OF AGENCY CONTRIBUTION(S):
Lubbook City and County
Texas State Department of Health
7. PROJECT DIRECTOR:
NAME: David Me Cowgi11, M.D., M.P.H.
TITLE: Director, Lubbock City -County
ADDRESS: Health Department
P.O. Box 9982 Lubbock Texas
9. OFFICIALS AUTHORIZED TO SIGN FOR AGENCY:
NAME: David Me Cowgill, M.D., M.P.H.
TITLE.' Director
NAME:
TITLE.
CONDITIONS: It is understood and agreed by the applicant that (1) Funds granted for this project will be used only for the
conduct of the project as approved and in accordance with Children's Bureau regulations, conditions and policies. (2) The
grant may be terminated, in whole or in part, at any time in the descretion of the Children's Bureau. Such termination shall
not affect abligaiions incurred under the grant prior to the effective date of such termination. (3) The applicant will request
the project be revised prior to any material change in the approved plan of operation, or method of financing. (4) Reports will
be made as required. jVecessary records and accounts, including financial and property controls, will be maintained and made
available to the Department of Xealth, Education, and Felfare.
October 12, 1967
( ate/
(� sot Aathorised OJ( tdl
Submit in duplicaee; attach Budget and Project Plan to this /ace Thee.'.: i
79408
Ll
11
3'7t'
goy 9 1b,
Passed by the City Council this 9th day of November, 19
A`1%=T
IAVffi1 LOWE, City ecret -Treasurer
APPROVED:
Is/ Fred 0. Senter. Jr.
FRED 0. SENTER, JR., City Attorney
67-26-373 -959 Dr. Dpvid Cowgirl, DXrector of the City -County Health Department, appeared before the City Council
(32) requesting approval of application to the Department of Health, Education and Welfare for funds
for a five year program to cover care of indigent and high medical risk maternity cases. The
application to be made through the City -County Health Department. The Federal Government's
portion to be three -fourths of the total expenditure and the City -County portion to be the remain-
ing one-fourtlx. Motion was made by Councilman Diekemper, seconded by Councilman Granberry,
motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea,
none voting Nay, to authorize that application be made through the City -County Health Department
for a five year grant to cover this project. The first year request would be for Federal Govern-
ment funds in the amount of $108,694; the second year grant would be $125,000; the third year grar
would be $150,000; the fourth year grant would be $175,000 and the fifth year grant would be
$200,000. The City -County portion to be 25%, to be paid from locally budgeted funds. Applica-
tion for fund to be made each of the five years.
67-26-373-960 Bids as follows were received for purchase of manhole rings and lids, being Bid No. 24.
(35)
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 Clowe & Cowan, Inc.,
for purchase of manhole rings and lids.
67-26-373-961 Bids as follows were received for purchase of a sprinkler system for the university Avenue
(36) median, being Bid No. 9984.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Kaatman, seconded by
Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock
voting Yea, Councilman Diekemper voting Nay, to authorize acceptance of the bid of Hygeia
Sprinkler and Equipment Company for purchase of sprinkler system for University Avenue median.
67-26-373-962 Bids as follows were received for purchase of automobiles (27 for the Police Department, 2 for
(37) Corporation Court and 1 for Park Patrolman), being Bid No. 6.
Bid Tabulation set in Bid Boob.
- After consideration of all bids received, motion was made by Councilman Diekemper, seconded by
Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper
and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Fenner Tubbs
Company for purchase of 30 automobiles.
67-26-373-963 Bids as follows were received for purchase of automobiles for various departments, being Bid No.
(37a) 10.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Diekemper, seconded by
Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper,
and Medlock voting Yea, none voting Nay, to authorize acceptance of the bids as follows:
Accept the bid of Modern Chevrolet for purchase of 17 automobiles for various departments being
Item 1.
Accept the bid of Modern Chevrolet for purchase of 1 station wagon for the Fire Department being
Item 2.
67-26-373-964 Bids as follows were received for the 1968 Street and Alley Paving, being Bid No. 30.
(39 )
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was 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 authorize acceptance of the bids as follows:
Accept the bid bf Pioneer Pavers for street paving for 1968 being G.W.O. 2935.
Accept the bid of T. J. Hodges for alley paving for 1968 being G.W.Q. 2934.
67-26-373-965 Bids as follows were received for lease of City faits, being Bid No. 1.
(38)
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Medlock, seconded by
- Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and
Medlock voting Yea, none voting Nay, to -authorize acceptance of the bid of W. M. "Bill" Wright
for lease of farmland as set out in -the above bid tabulation. The Mayor hereby authorized to
37
IOV 9 W7
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 FARM RENTAL CONTRACT with W. M. WRIGHT, attached
herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of
the Council shall constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the Council this 9th day of November, 1967.
ATTEST:
i
LAVENIX UM, City ecreta -Treasurer
APPROVED:
Isl Fred_ 0. Seater, Jr,_ _
FRED 0. SENTER, JR., City Attorney
RENTAL -CONTRACT
THE STATE OF TEXAS I
COUNTY OF LUBBOCK I
THIS AGREEMENT entered into this 9th day of November, 1967, between the City of Lubbock, a
Home Rule Municipal Corporation in Lubbock County, Texas, hereinafter called Lessor, and W. M.
Wright, hereinafter called Lessee.
WITNESSETH:
FIRST -- Upon the terms and conditions herein contained, Lessor hereby leases to Lessee for
the two crop season years beginning January 1, 1968, and ending not later than December 31, 1969j
the following lands and premises in Lubbock County, Texas, to -wit:
TRACT A:
All of Section Five (5), Block A, Lubbock County, Texas, except that part occupied by the
Railroad and highway right=of-way, and Loop 289 right-of-way, and except approximately 105
acres of grassland north of existing railroad, and excepting also 156.700 acres out of the
Southwest corner of Section 5, Block A, Lubbock County, Texas, heretofore described in a
conveyance to Willojack Corporation and others by Warranty Deed dated January 10, 1959 and
recorded in Volume 724, Page 251, Deed Records of Lubbock County, Texas to which reference
is made for purpose of further description, and except approximately 16.88 acres sold to
State of Texas on Warranty Feed dated July 27, 1961 and recorded in Volume 858, Page 31,
Deed Records of Lubbock County, Texas and excepting approximately 50.787 acres out of the
Northwest corner sold to Litton Systems, Inc., dated March 24, 1964 and recorded in Volume
991, Page 103, Deed Records, Lubbock County, Texas, to which reference is made for the pur-
pose of further description, and excepting 8.3 acres sold to Marion Key, Trustee; contain-
ing 235.7 acres of land, more or less.
TRACT B:
All of Section 41, Block A, North of the Panhandle and Santa Fe Railroad, less school
portion in the Southwest Corner being 4.03 acres, containing approximately 510 acres.
TRACT C:
BEGINNING at a point which is 4517.02 feet South of the Northwest corner of Section 12,
Block A, Lubbock County, Texas;.
THENCE East 2050.0 feet;
THENCE North 600.0 feet;
THENCE East 90.8 feet;
THENCE North 848.62 feet;
THENCE East 100.0 feet;
THENCE North 776.73 feet;
THENCE West 1300.0 feet;
THENCE South 475.33 feet;
THENCE West 320 40' 45" South 1115.86 feet;
THENCE South 1150.0 feet to POINT OF BEGINNING. The above described tract of land contains
80.8 acres more or less. I
SECOND (a) - Lesseeagrees to prepare, plant and cultivate all tillable land in a farmer -
like manner in due time and season; to keep down all noxious weeds and grasses and prevent their
seeding and spreading with the same precaution that any prudent farmer would exercise in the
37
NOW 9 a
M4
.w
an
care of -his own field, and to allow no volunteer crop of any kind to mature on said land.
(b) Lessee agrees that none of the tillable land will be allowed to lie out or be taken
out of production without the consent of Lessor in writing signed by its City Manager at Lubbock,
Texas.
.(c) Lessee agrees that if he, for any reason, fails to -plant any crop or crops, in due time
and season, or if planted or replanted and the crop be destroyed by the elements or otherwise
failt-to--devei-op a stand which could be reasonablLy expected to mature into a profitable crop, suct
acreage shall revert to Lessor absolutely, unless Lessee notify Lessor in writing as soon as such
condition reasonable can be determined, and obtains the consent of Lessor to plant such acreage
in such crops as may be mutually agreed upon, such consent of Lessor to be in Vriting signed by
its City Manager of Lubbock, Texas,
(d) It is further agreed that as the crops are gathered from any of said land during the
final year of this lease, Lessee -will surrender possession of such portions thereof, so that
Lessor or any future tenant may enter upon said land and prepare it for cultivation for the
following year; and that no crops which would not ordinanrily be harvested before the termination
of this lease shall be planted without the consent of the Lessor in writing signed by the City
Manager at Lubbock, Texas, and any crops growing on said premises in violation of this provision
shall revert to Lessor as its absolute property, together with any plowing or work dome by
Lessee without the written consent of Lessor as above provided.
THIRD - Lessee agrees to pay Lessor as rent thirty-eight per cent (38%) of all the cotton
and cotton seed raised on said premises and thirty-eight per cent (38%) of all grain crops, such
crops shall be delivered to Lessor in Lubbock or at the nearest shipping point at the request of
the City Manager, free of all charges as herein provided. In addition, the Lessee shall pay to
Lessor thirty-eight per cent (38%) of all payments received from the United States Government for
Lessee's participation in United States Government sponsored agricultural programs.
FOURTH - Lessee agrees to harvest and -conserve Lessor's share of the crops in a farmer -like
manner; to head, gather and deliver all mature maize, hegari, kaffir and similar grain sorghums,
and corn, to Lessor at a place designated by Lessor's City Manager; all immature crops of maize,
kaffir, hegari, corn, oats and other crops cut and bound but not to be threshed, to be stacked in
a farmer -like manner on the premises unless Lessor agrees to take delivery of all or part of
such bundled crops in shocks in the field; to harvest wheat and other small grain crops, bear all
expenses incident thereto and deliver same to elevator or store -houses designated by Lessor in
the nearest town or shipping point on the railroad, free of all charges, and deliver proper
receipts therefor in the na&e of Lessor to Lessor -or its agent; to gather and haul all cotton to
the gin at the expense of Lessee and cause same to be.ginned, at any gin within the corporate
limits of the City of Lubbock, the expense of ginning the rent cotton to be paid by Lessor; to
apply the rent seed to cost of ginning the rent cotton and -account for any surplus to Lessor; to
take proper storage receipts in the name of Lessor covering all rent cotton and cottonseed and
deliver such receipts promptly to, Lessor or its•agent.
FIFTH - Lessee agrees and covenants to keep all fences, windmills, buildings, and other
improvements in as good condition as they are in at the time of entry, the usual wear and tear
and injury or damage by fire not the result of the negligence of Lessee or his agents and the
elements or act of God excepted. And if the buildings be destroyed or so damaged that they canno-
be repaired except by substantially rebuilding them Lessor shall be under no obligation to re-
build or repair said buildings. No alterations in the buildings or improvements shall be made
and no substantial improvements shall be placed on the premises by Lessee without the written
consent of Lessor, it being agreed that any improvements placed thereon contrary hereto shall
become the property of Lessor and shall not be removed by Lessee, in whole or in part.
SIXTH - Lessor reserves the right to go upon said premises at any time and to survey, lay
off contour line, build terraces and drill wells, construct and maintain water and other utility
lines, and to make any improvements it sees fit, and should Lessee fail or refuse to properly
tend, cultivate and harvest the crops on said land, Lessor shall have the right to enter upon
said land and hire sufficient labor for that purpose, the cost of which shall be repaid to Lessor
out of the portion of the crops belonging to Lessee. Lessee shall not sublet said premises, or
any part thereof, without the written consent of Lessor, and should Lessee abandon said premises,
or sell or attempt to sell any part of the crops before they are matured or harvested, all of his
interest in all said crops shall be immediately forfeited to Lessor, and Lessor shall have the
right to enter upon and take possession of said premises and handle same in any manner that may
to it seem right and proper.
SEVENTH - Lessee shall not have the privilege of pasturing or Selling the stalk or stubble
field for pasturage and shall not pasture any of the fields at any time during the term of this
lease except with the written consent of Lessor, and in the event that the stock are found graz-
ing in the fields in violation thereof, it shall be lawful for Lessor or -its agent to cancel
this lease and to enter sand premises and remove all persons therefrom and take possession there-
of as liquidated damages, and any claim for damage by virtue of such entry by Lessor is hereby
expressly waived by Lessee.
EIGHTH - Lessee agrees to'give peaceable possession of said property at the termination of
this lease in as good condition as reasonable use and wear will permit, it being the absolute
intention of this lease that the same shall expire upon the date above determined, and that
Lessee shall not attempt to hold over under his lease, or claim any renewal, extension or contin-
uance of this lease, unless agreed to in writing and signed by the parties hereto, and no verbal
agreement to abrogate the terms of this cause shall be binding or admissible in evidence.
NINTH - In case of sale of said premises during the occupancy of Lessee hereunder and pur-
chaser desires possession, Lessee agrees to surrender the same at once upon receipt by him of
the actual present value of the growing crops, and the refund of the pro rata part of the cash
payment for grass land, if any, according to calendar year that has passed, the value to be
determined by three disinterested parties, one to be selected by Lessor, one by Lessee and the
two to choose a third, and their decision as to value shall be binding.
376
DY q 1967
TENTH - If the land covered by this contract be occupied by any one other than Lessee at
the time he is entitled hereunder to enter, and said occupant refuses to deliver possession,
then Lessor will use diligence to obtain possession as soon as same can be done, but if Lessor
be delayed or defeated in gaining possession, Lessor shall not be liable to Lessee for any damages
occasioned by such delay or failure to gain possession.
ELEVENTH - Lessee covenants and agrees that Lessee will not waste the lands hereby leased
by dumping trash, debris, junk, or any foreign substance thereon or suffer, permit, allow, or
cause the same to be done.
TWELFTH - Whenever Lessee herein covenants, or in any manner promises, agrees, or stipulate
that Lessee is to do any act or refrain from doing any act, same shall be construed as a coven-
ant and agreement made by Lessee as a condition to this lease, and in the event Lessee fails or
refuses to keep and perform any such covenant and agreement of this contract in the time and
manner herein stated, Lessor shall have the right to declare this contract null and void upon
15 days written notice given to Lessee by Lessors City Manager and enter and take possession of
said land and premises without being guilty of trespass and without prejudice to any other
remedy it may have for the collection of its rents or the enforcement of this contract. The
failure of Lessor to exercise any right herein granted by reason of failure on part of Lessee to
keep or perform any condition, covenant or agreement herein contained shall not be construed as
a waiver by Lessor for any subsequent breach of condition, covenant or agreement to be kept and
performed by Lessee.
THIRTEENTH - It is understood that this lease is made subject to all existing easements and
all rights under mineral deeds and leases heretofore granted or assigned and recorded in the
records of said County and subject to the right of Lessor to develop and explore for oil and gas
and other minerals of said lands, such rights, and the right of ingress and egress aver and upon
said lands in the exercise of said rights, being therein expressly reserved to Lessor, its i
agents, successors and assigns.
FOURTEENTH - It is understood and agreed that at any time after thirty (30) days written
notice to Lessee, Lessor may enter into and upon the said premises or any part thereof and may
repossess the same as its former estate and expel the. said Lessee, and those claiming under him ji
and remove his effects, without being taken or -deemed guilty of any manner of trespass; provided
that Lessee shall be entitled to a reasonable amount of compensation for expenses incurred by
him to the date of repossession by Lessor.
FIFTEENTH - It is understood that this lease applied only to land in cultivation and does
not apply to land in grass and subject to grazing. All such grass land will be leased as such
by separate contract.
SIXTEENTH - Except as otherwise provided herein, this contract and all rights, claims and
demands created thereby or resulting therefrom shall be perforated at the City Hall of Lubbock,
Texas. This contract shall not be binding until approved by the City Council of the City of
Lubbock.
- Lessor is not to contribute in any way to the cost or control of insects or
defoliation.
WITNESS our hands as of the date first hereinabove written.
LESSEE
CITY
v i
W. D. ROGERS, JI%; MAy„o
ATTEST: � � 1d I
�
LAVENIA LOWE, City Secre ry-Treasurer
Approved by City Council the 9th day of November, 1967.
APPROVED:
Isl Fred 0. Senter, Jr.
FRED 0. SENTER, JR., City Attorney
67-26-376-966 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 the
following resolution be passed.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute
for and on behalf of the City of Lubbock a STREET USE LICENSE 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 heren detail.
Passed by the City Council this 9th day of November, 1961.
L
PM
M
X..
.,
W. D. ROGERS, JR.; o
ATTEST:
i
l//d
379
NOV 9 196-4
on
MR
64
aw
APPROVED:
/s/ Fred 0. Senter,„ Jr.
FRED 0. SENTER, JR., City Attorney
STREET USE LICIMSE
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This indenture made this 9th day of November, 1967, between the City of Lubbock, Texas, a
Home Rule Municipality, hereinafter called "City" and Lubbock Independent School District, herein-
after 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 license to use
a portion of the public way for the purpose of erecting a fence and constructing tennis courts
and an athletic field and a 5' wide sidewalk abutting the curb which will extend onto the parkway
area as follows:
A 12' wide portion of the south right-of-way of 47th Street, extending from Indiana Avenue
east a distance of 450'; such area being adjacent to Monterey High School
1. The use granted hereby shall extend to that stated above only and shall not permit any
further use of said public way.
2. The use granted herein shall be for a period running from month to month at the will of
the City.
3. The ¢rantees agree to pay all costs arising out of the exercise of the license herein
• granted, including but not limited to the replacement and repairing of paving, sidewalks and
utilities of any nature occasioned by the construction as authorized by this license. Grantee
- shall keep the sidewalk abutting such construction 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 ordinances of said City regulating the use of space over
streets, alleys and sidewalks of said City.
4. In the event the City determines that -the existence of such use interferes with or
causes 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 relocating or re-routing over and above the expense which would have been incurred except
for Grantee's use herein.
5. This license is made subject to the condition that should the Grantees, their successors
or assigns, exercise any right under the license herein granted and prepare or begin or complete
any part of the construction as herein contemplated, over 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 employee
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 license or
the construction or maintenance herein contemplated, and will further replace or repair any damage
and pay in full al losses or expenses that the City of Lubbock may sustain, incur, or become
liable for resulting in any manner from the construction, mainenance and use permitted herein.
6. At such time as this license should be canceled or revoked for any reason, the improve-
ments that are permitted under this license shall be removed by the Grantees and the property
restored to its original condition at no cost or expense to the City of Lubbock. In the event
Grantee fails or refuses to remove such improvements 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.
7. Grantee, by the acceptance of the uses permitted herein, understands and agrees that no
interest, title or Fights or 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 pxooerty covered herein upon termination or
cancellation of this license.
Cr
By
ATT&ST
LAVENIA LOWE, City Secre ry-Treasurer
APPROVED:
/s/ Fred 0. Senter, Jr.
FRED 0. SENTER, JR., City Attorney
AGREED TO AND ACCEPTED THIS day of1967.
GRANTEE: LUBBOCK INDEPENDENT SCHOOL DISTRICT
By:
JAMES H. WHITESIDE, President of the Board of
JW
907
67-26-378-967 Motion by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers
(42) and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the
following resolution be passed.
RESOLUTION
WHEREAS, the City of Lubbock desires to extend Quaker Avenue from 19th Street south to
Brownfield Highway, and
WHEREAS, to accomplish this, it is necessary to acquire certain Right -of -Way from John L.
and Helen P. Vaughn and Lindsey Theaters, Inc., and
WHEREAS, the above parties have offered to dedicate the necessary Right -of -Way for such
street extension as well as sell and convey to the City a tract needed by the City known as a
lake area, located in the Northwest 1/4 of Section 15, Block B, Lubbock County, Texas, abutting
the proposed East Right -of -Way line of such street extension adjacent to the railroad Right -of -
Way, and
WHEREAS, in return for such dedication and conveyance the City agrees to
(1) Bear the expense of paving, curb and gutter of Quaker Avenue abutting the property of
the above owners.
(2) The City will pay to Lindsey Theaters, Inca the sum of TWELVE THOUSAND AND N0/100
($12,000.00) DOLLARS plus interest from March 1, 1967 to date of closing as full payment
and settlement of all claims for the building belonging to said Company, with said building
to be removed by the City.
(3) The City agrees to remove all improvements within the acquired Right -of -Way, being a
part of Lot 1, Block 3, John W. Jarrott Subdivision of the Northwest 1/4 of Section 15,
Block B, Lubbock County, Texas, and
(4) The City agrees to reimburse Lindsey Theaters, Inc. for the.paving on its parking lot
of the above described property which is within the Right -of -Way to be dedicated.
(5) The City agrees to reimburse the parties for curb, gutter, and paving which they here-
to -fore paid on property on the Northwest corner of said property, being a part of the
access road to 19th Street, and
WHEREAS, the City Council has determined that the proposal recited herein is reasonable and
will be in the best public interest for street improvement, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT, for and on behalf of the City of Lubbock, the proposal recited hereinabove BE and the
same is hereby accepted by the City Council of the City of Lubbock.. C4%., w
Passed by the City Council this 9th day of November, 1967. � r
W. D. ROGERS, JR. , Mayo
ATTEST:
IAVENIA LOWE, City Secretary -Treasurer
APPROVED:
/s/ Fred 0. Senter. Jr.
FRED . 0. SENTER, JR., City Attorney
67-26-378-968 The City Council discussed the scheduled appearance of Mr. T. E. Milam and Mr. Windell Blanken-
(7a) ship who wished to discuss the sign regulations in the C-2A District. It was decided that since
these regulations would be discussed by the Planning and Zoning Commission at their December
meeting in connection with the hearing on 50th Street, that such a discussion might be premature;
therefore, the meeting with Messers. Milan and Blankenship was deferred until a later date.
67-26-378-969
(41)
Motion 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
the Mayor to execute a license between the City of Lubbock and the Panhandle and Santa Fe Rail- 4
way Company for railroad crossing at North Gary Avenue just north of the Clovis Road. 1
67-26-378-970 Motion by Councilman Kastman, seconded by Councilman Medlock, motion, carried, Mayor Rogers and
(43) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize
the appointment of Mayor Rogers, B. E. Rushing, and Dr. 0. Brandon Hull as members of the
Board of Trustees Qf the Mental Health and Retardation Board in accordance with House Bill No.
3. Appointments to be for a period of one year.
67-26-378-971 Motion by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers
(40) and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to author-
ize the Mayor to enter into a contract between the City of Lubbock and Marion T. Key, Trustee,
in connection with the sale of Lot 1, Allan Industrial Park Addition. .
THE STATE OF TEXAS X
COUNTY OF LUBBOCK X
r
I
CONTRACT OF SALE
THIS AGREEMENT made and entered into by and between CITY OF LUBBOCK, A HOME RULE MUNICIPAL
CORPORATION OF LUBBOCK COUNTY, TEXAS, herein called "Seller," and MARION T. KEY, TRUSTEE, herein
.. . ..- ..
378A
Nov 9 19E
c
r
D
67-26-378-970
i (43)
PHONE
PC 3-S3SI, EXT. 278
4MI& _'�PAt Js. cmoote
ATTORNEY AT LAW
ROOM 204 NEW COURT NOUBE
LUSSDCKr TEXAS
October 31, 196T
Mr. W. D. "Dub" Rogers, Mayor
City of Lubbock, Texas
City Hall
Lubbock, Texas
Dear Mayor Rogers:
As you may recall, the Mental Health -Mental Retardation
Board of Trustees was appointed last year to comply with
Texas House Bill 3 which required the activation of such a
board in order to qualify for grants-in-aid from the Texas
Department of Mental Health and Mental Retardation. The
current members of this Board and the organizations they
represent are:
Judge Pat Moore, Chairman - South Plains Guidance
Center
B. E. Rushing, Jr., Vice Chairman - Mayor's Commission
on Mental Retardation
George Brewer - Methodist Hospital
Dr. Ishmael Hill - Lubbock Public Schools
Archie Huckabee - Community Planning Council
Dr. 0. Brandon Hull - Chamber of Commerce and Board
of City Development
Dr. S. M. Kennedy - Texas Tech
Mayor W. D. "Dub" Rogers - City Council
Judge Rod Shaw - County Commissioners Court
So that the basis for representation may be broadened to
include more appropriate authority of appointment by the
financially participating groups in local mental health and
mental retardation projects, members of this Board of Trustees
resign, effective at the time that replacement members have
been a3lected.
Im
fom
FM
378B
NOV 9 1967
NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR
MEETING NOVEMBER 9, 1967.
ATTEST:.
{
LAVEWIA LOWE, City Secretary -Treasurer
READ AND APPROVED THIS THE 22ND DAY OF NOVEMBER, 1967.
ATTEST:
r
LAVENIA LAWE, City S retary-Treasurer
I r17 v
D. ROGERS,
s
r
Nov 5
0
1
L
u
WITNESSETH:
I.
Seller herein agrees to sell and does hereby sell to Buyer the following described land
situated in the County of Lubbock, State of Texa$, to -wit:
All of Lot One (1) allan Industrial Park Addition to the City of Lubbock, Lubbock County,
Texas.
II.
Buyer herein agrees to purchase such property from Seller and to pay Seller therefor the sl
of Six Hundred Dollars ($600.00) per acre,payable in cash upon closing of this transaction.
However, Buyer's obligations hereunder are conditioned upon and ,subject to the tract hereinabovi
described containing at least 8.4 acres of land.
In addition to the consideration above set out Buyer agrees to pay upon closing of this
transaction the pro rats part of the cost of water and sewer installation, such costs, however,
not to exceed $5,100.00.
Buyer's obligations hereunder are further conditioned upon and subject to his being able t
obtain a title policy commitment from a reputable title company, such commitment to bind such
company to issue its title policy to the beneficial owner, the expense of such title policy to
borne by the Buyer. I
IV.
The plat of such addition reflects a high water line on the property, such line being
required because of a low area within the confines of such property, and the Seller will make
dirt available to the Buyer from a lake area located on property adjacent to the property which
is the subject matter of this contract, such lake area being north of the railroad. The benefi
cial owner of such property plans to commence construction of a building upon such property and
the location of the building will require at this time only the use of a small amount of dirt,
but when additional construction is made, a larger amount of dirt will be required. Buyer shal
not be obligated to pay for such dirt.
Seller agrees to convey to the Buyer titre to the well located in the northwest corner of
the property, and the Buyer shall be permitted to use the water from the formation from which
water is now being produced therefrom. Buyer is'hereby advised'that it is anticipated that the
water will be depleted from the formation from which it is now being produced and that Seller
anticipates that it will store water in and recharge the formation. At the time Seller commenc
the storing or recharging operations in any area within a radius of 1 and 1/2 miles from the
lands herein described, Buyer agrees that he and his assigns will discontinue the production of
water from such formation, and any and all water rights which may bd conveyed by virtue of con-
veying the title to the water well herein described shall revert to seller.
V.
Buyer represents to Seller that he'is not buying such property for speculative purposes bu
is buying it on behalf of a client who intends to construct thereupon a building to be used for
industrial purposes. In the event construction is not commended within 10 days after the date
closing of this transaction, Buyer agrees to reconvey such property to Seller by special warran
deed and in the capacity as trustee, and Seller shall refund the purchase price of the property
and the pro rata cost hereinabove'mentioned.
VI.
Seller shall convey the above described property subject to the following:
A. Subject to visible easements and easements of record in the County Clerk's Office of
Lubbock County, Texas, affecting the property herein described, including an easement for
water well which runs parallel in a northerly direction with the east line, such water tin•
being approximately 71 feet west of the east line of the property.
b. Retention by Seller of all crop allotments; and
c. Reservation of all of the water rights under the above described property, save and
except that hereinabove set out;
d. Subject to outstanding royalty or mineral conveyances or reservations affecting the
above described property as shown by the County Clerk's Office of Lubbock County, Texas.
VII.
Seller is not requiring payment of the cost of paving improvements, but Buyer is hereby
adtised that the Seller may in the future pave such property and may assess the owner of the pr
perty for its proportionate cost of the paving.
Possession shall be delivered upon closing and Seller shall furnish Buyer a release from
Bob Henderson, tenant of Seller, whereby he, Henderson, releases any and all claims he has in a
to such property.
.j EXECUTED this the 16th day of November, 1967.
ATTEST: L,q�zagj_L_
I
City Sectratar,y
CITY OF LUBBOCK
r
By k
Mayor
Isl Marion T. Kev