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Home My WebLink AboutMinutes - City Council - Regular - 12/14/1967lu DEC 14--W 67-26-408-1011 (1) 67-26»408-1012 (2) 67-26-408-1013 (I5) 67-26-408-1014 (16) 67-26-408-1015 (17) 67-26-408-1016 (18) December 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. Granberry, Jack Kastman, Ray J. Diekemper, Jr., and W. E. Medlock, City Attorney Fred 0. Senter, 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 Medlock, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry,.Kastman, and Medlock voting Yea, none voting Nay, to authorize approval of City Council Minutes - Regular Meeting held November 22, 1967. Councilman Diekemper was absent at the time of this motion. Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5363 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5363 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 Bond Fund The sum $3,337.52 For the following purpose: Installation of -overhead type flashing signals at the following places: 1. West 34th Street and Loop 289 (On 34th Street) 2. North Ash Avenue and Loop 289 (On North Ash Avenue) 3. Slide Road and Loop 289 (North approach only) (On Slide Road) 4. South Quirt Avenue and Loop 289 (On Service Road) 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. 5355 be passed on second and final reading. ORDINANCE NO. 5355 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. 1506: CHANGE LOT 13, BLOCK 25, OVERTON ADDI- TION, 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. 5356 be passed on second and final reading. ORDINANCE NO. 5356 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. 1092-B: CHANGE A TRACT OF LAND OUT OF SECTION 6, BLOCK E-2, LUBBOCK COUNTY, TEXAS FROM AN "R-3 " TO A "C-4" ZONING DISTRICT: SUBJECT TO CONDI- TIONS: 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. 5357 be passed on second and final reading. ORDINANCE NO. 5357 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. 1508: CHANGE THE NORTH 490' OF BLOCK 38, SUBURBAN HOMES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-4" AND "R-2" TO A "C-4" AND "M-1" ZONING DISTRICT. 67-26-408-1017 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 Ordinance No. 5358 be passed on second and final reading. 409 DEC 14 196? ORDINANCE NO. 5358 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. 1505: CHANGE TRACT 1, STONE ADDITION AND THREE TRACTS OF LAND OUT OF THE ROBERTS & MCWHORTER SUBDIVISION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM AN "M-2" TO AN "M-1" ZONING DISTRICT. 67-26-409-1018 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 Ordinance No. 5361 be passed on second and final reading. ORDINANCE NO. 5361 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. 1509: CHANGE TWO TRACTS OF LAND OUT OF SECTION 4, BLACK 0, LUBBOCK COUNTY, TEXAS, FROM AN '.'R-1" AND "C-4" TO "R-3" AND "M-1" ZONING DISTRICTS. 67-26-40.9-101-9 Notion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (21) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 4758 be passed on second and final reading. ORDINANCE NO. 4758 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. 947-B: CHANGE A TRACT OF LAND OUT OF SECTION 4, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO A "C-2" ZONING DISTRICT: SUBJECT TO CONDITIO 67-26-409-1020 The City Council again considered Zone Case No. 1503 - Request of the Planning and Zoning Commis- (22) sion to change property located east of Elder Avenue between East 35th Street and East 37th Street from '14-2 " to "M-1" zoning district. The Planning and Zoning Commission recommended that this request not be granted. Mr.. R. W. Burr, Director of Planning and Traffic, presented the recommend Lion of the Planning and Zoning Commission. Mr. Arnold Maeker appeared before the City Council in support of this zone change request. After consideration of all information presented, Mayor Rogers announced that the hearing was closed. Motion was then made by Councilman Diekemper, secon ed by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekempe and Medlock voting Yea, none. voting Nay, to uphold the recommendation of the Planning and Zoning Commission and DENY Zone Case No. 1503 for "M-l" zoning. r F 67-26-409-1021 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, to remove Zone Case No. 1355 from the Table for further consideration. .67-26-409-1022 The City Council.again considered Zone Case No. 1355 for change from "R-1" to "C-2" zoning propert (23a) located at the southwest corner o#.College Avenue and 66th Street. After consideration of all information presented, 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 DENY Zone Case No. 1355 for "C-2" zoning at the southwest corner of College Avenue and 66th Street. 67-26-409-1023 The City Council considered removing from the Table Zone Case No. 1478 for change from "C-4 " and (24) - "M-1" zoning to "M-2" zoning property located west of Avenue B between Main Street and Broadway. After discussion it was unanimously agreed by the City Council to not remove Zone Case No. 1478 from the Table. 67-26-409-1024 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (25) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5365.be passed on first reading. ORDINANCE NO. 5365 AN ORDINANCE AUTHORIZING THE ALTERING, AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON THE FOLLOWING STREETS IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO -WIT: PORTIONS OF F. M. 835 (SOUTHEAST DRIVE), F. M. 835 (EAST 50TH STREET), U. S. 84, AND SPUR 331 (SOUTHEAST DRIVE), AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS; PRESCRIBING A PENALZ 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. 67-26-409-1025 Motion �y Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (26) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5366 be passed on first reading. ORDINANCE NO. 5366 AN ORDINANCE AMENDING ARTICLE VIII OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "TEXAS TECHNOLOGICAL COLLEGE CAMPUS", BY AMENDING SECTION 18-124 TO ALTER AND CHANGE THE SPEED LIMIT FOR ALL VEHICLES ON THAT PORTION OF FLINT AVENUE WITHIN TEXAS TECHNOLOGICAL COLLEGE CAMPUS, AUTHORIZING THE PLACING OF SIGNS; PRESCRIBING A PENALTY: PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING THAT STREETS OR HIGH- WAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT TH] ORDINANCE SHALL BE CUMULATIVE Og 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. 67-26-409-1026 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 approval of the price and conditions for the sale of land disposition Parcel 41-9 by the Urban n..........1 A----.. -10 6.16.. . 9 T..1.1.-w1. �- D-...-^-d 13---- --.1 V 7 V---- TL... ....i.... 4- kA 9A - - - 410 1FC 14 1967 67-26=410-1027 (32) 67-26-410-1028 (33) square foot for a total price of $47,236.50 and will be conveyed as a whole or in two one-half increments at the option of the purchaser. This is a commercial area located at East 26th Street and Quirt Avenue and will be developed as a•shopping center. Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5267 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5367 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Project Fund The sum $16,551.72 For the following purpose: Construct water lines ahead of street and alley paving at the follow -!I ing locations: 10" line in Zenith Ave. from 3rd St. to-4th St. $ 2,565.36 8 " line in Globe Ave. from 46th St. to 50th St. 6,787.10 -4" in alley between 25th St.'& 26th St. from Boston Ave. to Canton Ave. 2,326.25 4" in alley between Ave. "E" & "F" from 17th St. to 18th St. 1,237.51 6 " in alley between Paris Ave. & Ave. "Q" from 3rd St. to 4th St. 2,229.40 4" in alley between Baylor St. & Colgate St. from College Ave. to Boston Ave. _ 1,406.10 $ 16,551.72 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. 5368 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5368 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, F BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: �I There is hereby appropriated out of the following described bond fund, to -wit: Sanitary Sewer Bond Fund The sum $779.36 For the following purpose: Construct sanitary sewer line in 47th Street across Globe Avenue ahead of paving. Ell ri� Ll 67-26-410-1029 Motion by Councilman Diekemper, seconded by -Councilman Kastman, motion carried, Mayor Ro er arl]owin o Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay,/E8 Reelothe Resolgg utio the Mayor to execute and engineering contract with Parkhill, Smith, and Cooper for construction of the new Southeast Water Reclamation Plant. (See Resolution on set-in page) A G R E E M E N T CITY OF LUBBOCK, TEXAS AND PARKHILL, S141TH & COOPER, INC.; CONSULTING ENGINEERS LUBBOCK AND EL PASO, TEXAS FOR ENGINEERING SERVICES ON WASTE WATER RECLAMATION PLANT STATE OF TEXAS I COUNTY OF LUBBOCK X THIS AGREEMENT, made, entered into and executed this the 14th day of December, 1967, by and between the CITY OF LUBBOCK, TEXAS, acting herein, by and through its MAYOR who is duly authorized so to act for and in behalf of said CITY OF LUBBOCK-by-Resolution, dated December 14, 1967, of the CITY COUNCIL of said CITY OF LUBBOCK, hereinafter called the "OWNER", and PARKHILL, SMITH & COOPER, INC., CONSULTING ENGINEERS, of 201 Avenue R, Lubbock, Texas, and 700 Southwest National Bank Building, E1 Paso, Texas, a corporation, which is duly chartered under the laws of the State of Texas, and of which all stockholders are registered professional engineers, herein- after called the "ENGINEER". WITNESSETH, that whereas the Owner intends to construct an additional -plant for the reclama" tion of the City'S waste water, such improvements hereinafter being called the "PROJECT". NOW THEREFORE, the Owner and Engineer, in consideration of the mutual covenants and agree- ments herein contained, do mutually agree as follows: SECTION I - EMPLOYMENT OF ENGINEER The Owner agrees to employ the Engineer and the Engineer -agrees to perform professional engineering services, as specified in this agreement, in connection with the Project, and for 410A ZEC 14 AS 67-26-410-1029 (2S) 8% .0) pop 7 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 excute for and on behalf of the City of Lubbock an Agreement with Parkhill, Smith & Cooper, Inc., Con- sulting Engineers for Engineering Services on a waste water reclamation plant, which is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. (_\ A+ Passed by the City Council this 14th day of December,1967 ATTEST: LAVENIA LOWE, City ecret -Treasurer FORM APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney W. D. ROGERS, JR., Mayor DEC 14 19o7 El� 11 III am o. 9M the sections to follow. The specific items covered by this contract are: A. A trickling filter plant with a capacity of twelve (12) million gallons per day, to be constructed adjacent to the existing Southeast Waste -Water Reclamation Plant. SECTION II - CHARACTER AND EXTENT OF SERVICES The Engineer shall render the following professional.services necessary for the development of the Project. A. Preliminary Phase: 1. Attend preliminary conferences with the Owner regarding the Project. 2. Nake a preliminary engineering study and prepare a report on the Project in sufficien detail to indicate clearly the problems involved and the solution thereto available to the Owner; to include preliminary layouts, sketches and cost estimates; and to set forth clearly the Engineer's recommendations. The study and report shall include but not necessarily be limited to the following: a. A review of previous studies and estimates of future treatment requirements and a determination of the plant capacity and effluent quality which will be required for irrigation purposes. b. Development of a general plant layout. In developing this layout, all elements of the plant shall be planned to properly provide for economical construction, operation and expansion of plant capacity. In the preliminary studies, as well as in the final design, the Engineer shall take into consideration all local conditions and operating requirements. Preliminary designs shall be in sufficient detail to provide the basis for a reasonable precise estimate of cost and for proceeding with final plans on work authorized by the Owner. The report shall cover all phases of the study and the characteristics, advantages and disadvantages of the recommended construction. 3. Furnish the Owner twenty (20) copies of the preliminary report, including preliminary 1Ayouts and cost estimates. 4. Furnish the Owner sufficient design and engineering data to permit the Owner to prepare an application to the state and federal agencies for a government grant. B. Desian Phase 1. Perform field surveys and investigations necessary to collect information required in the design of the Project. 2. Plan and supervise other surveys, soil borings, foundation investigations and tests as may be required for design. 3. Furnish to the Owner, the engineering data necessary for applications for permits required by local, state and federal authorities. 4. Prepare detailed contract drawings and specifications for -construction-authorized by the Owner. These designs shall in all respects combine the application of sound engineering principles with a high degree of economy and shall be submitted to the applicable state and federal agencies for approval. 5. Prepare detailed cost estimates and proposals for authorized construction, which shall include summaries of bid items and quantities based, insofar as practicable, on the unit price system of bidding. The Engineer shall not be required to guarantee the -accuracy of the estimates. 6. Furnish to the Owner all necessary copies of approved plans, specifications, notices to bidders, and proposals. 7. Assist the Owner in the advertisement of the Project for bids. 8. Assist the Owner in the opening and tabulation of bids for construction of the Project, and recommend to the Owner as to the proper action on all proposals received. 9. Assist in the preparation of formal contract documents for the award of contracts. Services included in the design phase shall be performed by the Engineer at the option of the Owner. C. Construction Phase 1. Act as the Owner's representative during construction, making such periodic visits to the site (as distinguished from continuous services of a Resident Project Repre- sentative) as may be required to maintain general familiarity with the progress and . quality of the work, and to determine in general if the work is proceeding in accor- .dance with the Contract Documents. In performing these services, the Engineer shall endeavor to protect the Owner against defects and deficiencies in the work of the contractors, but he does not guarantee the performance of their contracts, nor is he responsible for actital supervision of construction operations. 1_ T 14 1967 2. Consult and advise with the Owner during construction. 3. Provide a system of control base lines and bench marks, defined by permanent markers for the control of construction surveys. The control system shall be of such i nature and extent that each element of each project can be laid out without exten- sive layout surveys being required but it will not be a detailed construction layout system. 4. Furnish the services of a qualified Resident Project Representative, subject to approval of the Owner, acid of such inspectors as may be required who shall be the Owner's on -site representative throughout the construction of the Project. 5. Review shop or working drawings furnished by contractors, for compliance with design concept and with information give in the contract documents. 6. Review all laboratory shop and mill tests of materials and equipment for compliance with the specifications. 7. Review monthly and final estimates for payments to contractors, and furnish to the Owner any necessary certifications as to payments to contractors and suppliers. 8. Act as the Owner's representative during the initial operation of the Project by the Contractor's forces and performance of any equipment tests required by the specifications. 9. Perform, in company with other authorized representatives of the Owner, a final inspection of the Project. 10. Revise contract drawings to show the work as actually constructed, and furnish the Owner with one set of reproducible drawings. Services in the construction phase shall be performed by the Engineer at the option of the Owner. D. General The Engineer shall perform the services covered by this Section at his own cost and expense, including the cost of all labor, equipment, professional services and travel within the City of Lubbock or other travel required for the Engineer's own purposes. SECTION III - PERIOD OF SERVICE The services called for in Section II A (Preliminary Phase) of this agreement shall be completed and the report submitted within ninety (90) days following the receipt by the Engineer of notice to proceed. In the event the Owner elects to have the Engineer to proceed with the design phase, then after conferences with representatives of the Owner for determination of the scope of the Project on which preparation of plans and specifications will be authorized, the Engineer will, upon proper authorization from the Owner, proceed with the performance of the services called for in Section II B (Design Phase) on such schedule as mill assure completion of plans and specifications within three hundred sixty-five (365) days. Following the award by the Owner of a construction contract or contracts, the Engineer will proceed with the performance of the services called for in Section II C (Construction Phase) of this agreement at the Owner's option. This agreement shall remain in force: (1) in the event the Owner elects to have the Engineer proceed with the design phase, for a period which may reasonable be required for the design, award of contracts and construction of the Project, including extra work and any required exten- sions thereto; or (2) fora period of 12 months after the completion of the services called for 11 either in Section II A (Preliminary Phase) or B (Design Phase), whichever may be pertinent, in case construction is not commenced. The final acceptance by the Owner of each construction con- i tract on the Project shall serve as evidence of completion, on the part of the Engineer, of all services under this contract, insofar as they pertain to that section of the Project. ' SECTION IV - Coordination with the Owner The Engineer shall hold periodic conferences with the Owner, or his representatives, to the end that the Project shall have full benefit to the Owner's experience and knowledge of existing needs and facilities, and be consistent with his current policies and construction standards. To implement this coordination, the Engineer shall maintain contact with the City Engineer, who shall coordinate the work of the Engineer with other Departments and personnel of the Owner's organization and make av$ilable to the Engineer, for use in planning the Project, all existing plans, maps, field notes, statistics, computations and other data in the Owner's possession rela- tive to existing facilities and to the Project. SECTION V - COMPENSATION A. Basis of Compensation For and in consideration of the services to be rendered by the Engineer, the Owner shall pay, and the Engineer shall receive and accept the compensation hereinafter set forth, for the Preliminary, Design and Construction Phases of the work. Where the compensation is based on a percentage of construction cost, the compensation for each separate phase shall be based on the "Construction cost" of all work authorized by the Owner at onetime, and handled by the Engineer in accordance with this agreement, including all alternates on which plans are prepared, provided such alternates are included in the plans with the specific approval of the Owner, regardless of whether or DEC 14 196; .f OR go not such alternates are included in awards of contracts for construction. "Construction cost" is defined as the total cost to the Owner for the execution of the work authorized at one time and handled in each separate phase of engineering servicef excluding compensation or other cost for engineering and legal services, the cost of land; rights -of -way, legal and administrative expenses; but Including the direct cost to the Owner of all construction contracts, items of construction, including labor, materials, and equipment, required for the completed work (including extras) and the total value at site of Project of all labor, materials and equipment purchased or furnished directly by the Owner for the Project. In the event that proposals for construction of any of the work authorized in the Design Phase are received within 90 days after submission of completed contract drawings and specifications to the Owner by the Engineer, the compensation for the corresponding services in the Design Phase. and. the compensation for the corresponding services in the Preliminary Phase shall be adjusted to the "construction cost" as reflected by the lowest acceptable proposal, or lowest bona fide bid, if no contract is awarded. Where no proposals or bona fide bids are received, the Engineer's estimates shall be the basis for final payment for these two phases. No reduction shall be made from the percentage fee on account of penalties or liquidated damages or other sums withheld from the con- tractor's payments. Fees computed from the schedules set out below shall, in no case, be less than the maximum fee which would obtain if calculated under the next lower cost bracket. B. Preliminary Phase: Payment for services in.the Preliminary Phase shall be a sum equal to one (1) percent of the Engineer's estimate of "construction cost" of all work included in the Preliminary Report. A credit of $4,000.00 will be allowed by the Engineer for services performed by the Engineer and paid for by the Owner, in the preparation of a report entitled "Report on Sanitary Sewerage System and Waste Water Reclamation Facilities, City of Lubbock, Texas" dated August 1967. This sum is due and payable upon submission to the Owner of the required report, sketches and estimates, and upon his acceptance, which shall take place within 30 days after submission of satisfactory and, adequate information. C. Desista Phase Payment for services in the Design Phase shall be made to the Engineer upon comple- tion of all services included therein, in a sum equal to a percentage of the "construction cost" of the work authorized by the Owner in this Phase of the Project, as determined by the following schedule: Construction Cost $1,500,000 to $1,750,000 1,750,000 to 2,000,000 2,000,000 to 2,250,000 2,250,000 to 2,500,000 2,500,000 to 2,750,000 Percenta-ze Fee 4.30% 4.10% 4.00% 3.90% 3.80% This sum is due and payable upon submission to the Owner of the completed plans and specifications, and upon his acceptance, which shall take place within 30 days after sub- mission of satisfactory and adequate plans and specifications. D. Construction Phase: Payment for services required by items (1) through. (3) and (6) through (10) of Section II C shall be a sum equal to one (1) percent of the "construction cost" of the .work authorized by the Owner. This sum will be paid In -monthly installments in proportion to the construction work completed, on the basis of the Engineer's estimates prepared for monthly payments to contractors, plus the actual value of all materials and equipment purchased for or fur- nished directly by the Ownerfor the Project. Upon completion of all work authorized in the Construction Phase, the Engineer will be paid the remainder of the fee for this phase Payment for services of resident project representatives as provided in Section II, C, 4, shall be an amount equal to the total payroll cost of applicable salaries and wages times a factor of two (2.00), plus the actual cost of reimbursable expenses, not to exceed a total of $20,000.00 for the period of construction set forth in the construction contract documents, and shall be due and payable monthly. The payroll cost is defined as the cost of salaries or wages of project representatives or inspectors for time direct ly chargeable to the Project, plus social security contributions, unemployment, excise an, payroll taxea, employment compensation insurance, sick leave, vacation and holiday pay applicable thereto. Reimbursable expenses shall include the travel expense of such pro- ject representatives or inspectors, and shall include car allowance, meals, hotel and/or other expenses directly chargeable to the Project. This sum shall be paid monthly. In the event the construction is not completed in the time allowed in the construction con- tract documents, the payment for services of a resident project representative, if re- quired after that time, shall be renegotiated at that time. E. Services Not Included in Above Fees: The charges above described in the Preliminary, Design and Construction Phases shall provide compensation to the Engineer for all services called for under this agreement to be performed by him, or under his direction, except the services as set forth below. 14 DEC 141967 These excluded services, and the compensation to be paid by the Owner to the Engineer for their performance as required, are as follows: Service 1. Actual performance of test borings and other foundation investigations and related analysis, and detailed mill, shop and/or laboratory inspection of materials, or equipment. To be selected, supervised, and paid for by the Engineer. 2•. Additional copies of report and additional blue print copies of drawings and specifications over the number required for bidders plus ten copies to be furnished to the Owner. 3. Extra travel required of the Engineer, by the Owner, and authorized by the Owner to points other than Egnineer's office and Project location. 4. Assistance to the Owner as expert witness in any litigation with third parties, arising from the development or constructionx of the Project. 5•. Investigation involving detailed consideration of operation, maintenance and overhead expenses; and (unless other- wise agreed) the preparation of rate schedules, earning and expense state- ments, feasibility studies, appraisals, valuations, and material certification of force account construction performed by Owner. 6: Performing land surveys, establishing boundaries and monuments, and attendant office work. Surveyor to be selected, supervised and paid for by the Engineer. Basis of Compensations Actual cost plus 15%. Commercial rates for reproduction n- and binding. Direct cost of travel, subsistence and lodging. During the life of the contract, compensation to the Engineer shall be negotiated between the Engineer and Owner, provided the Engineer is required to make a special trip for litigation purposes, he shall be at I least reimbursed for direct cost of 7 travel, subsistence and lodging. To ' be negotiated, if required, on a costl plus basis. Payroll costs times a plus the actual costs expenses. Actual cost plus 15%. factor of 2.00 of reimbursable Payments to the Engineer for authorized services, not in the stipulated fees, will be made monthly, by the Owner, upon -presentation, by the Engineer, of monthly statements of such services. SECTION VI - REVISION TO DRAWINGS AND SPECIFICATIONS The Engineer will make, without expense to the Owner, such revisions of the preliminary drawings as may be required to meet the needs of the Owner, but after a definite plan has been approved by the Owner, if a decision is subsequently made by the Owner, which for its proper execution, involves extra services and expenses for changes in, or additions to, the drawings, specifications or other documents, or if the Engineer is put to labor or other expense by delays imposed on him from causes not within his control, such as by the readvertisement of bids or by the delinquency or insolvency of contractors, the Engineer shall be compensated for such extra services and expense, which services and expense shall not be considered as covered by the charges stipulated in this agreement. Compensation for such extra services shall be negotiated on a cost' plus basis. i SECTION ViI - OWNERSHIP OF DOCUMENTS All documents, including original drawings, estimates, specifications, field notes and 1.1 data are and remain the property of the Engineer as instruments of 'service. The Owner will be `. furnished one reproducible copy of the drawings, and one copy of other documents, in consideration of which it is mutually agreed that the Owner will use them solely in connection with the Project, such as alterations to, repair of or making extensions to individual units of the Project at some later date. Re -use for construction of individual units or components, or for new projects, i shall•require permission of the Engineer and shall entitle him to further compensation at a dimishing rate.to be agreed upon by Owner and Engineer. SECTION VIII - ARBITRATION OF DISPUTES All disputes, claims or questions subject to arbitration under this contract shall be submitted to arbitration in accordance with the Arbitration Statutes of the State of Texas. The Engineer shall not cause a delay of the work during any arbitration proceedings except by agreement with the Owner. Notice of the demand for arbitration of a dispute shall be filed in writing with the other parties to the contract. The demand for arbitration shall be made within a reasonable time after the dispute has arisen; in no case, however, shall the demand be made later than the time of 1 DEC 14 19 M OR OR 0. final payment except as otherwise expressly stipulated in the contract. Nothing in this paragraph contained is intended to be in derogation of the Arbitration Statutes of the State of Texas, and any notices or demands for arbitration required by these statutes are in addition to the notices to be given as above provided. SECTION IX - TERMINATION The Owner may terminate this agreement at any time by a notice in writing to the Engineer. Upon receipt of such notice, the Engineer shall, unless the notice directs otherwise, immediately discontinue all services in connection with the performance of -this agreement and shall proceed, to cancel promptly all existing orders and contracts insofar as such order or contracts are chargeable to thisagreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services performed under this agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charges which the services actually performed under this agreement bear to the total services called for cinder this agreement, less such payments on account as have been previously made. Copies of all completed or partially completed designs, plans and specifications prepared under this agreement shall be delivered to the Owner when and if this agreement is terminated, but subject to the restrictions, as to their use as set forth in Section VII above. SECTION X - SUCCESSOR AND ASSIGNMENTS The Owner and the Engineer each binds himself and his partners, successors, executors, administrators and assigns to the other party of this agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this agreement; except as above, neither the Owner nor theEngineer shall assign, sublet or transfer his interest in this agreement without the written consent of the other. Nothing herein shall be construed as. creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. IN TESTIMONY OF WHICH this instrument has been executed on behalf of the above named Engineer by an officer of the corporation, and has been executed on behalf of the Owner, in two (2) counter. parts each of equal force,, on the .day and year first above written. ATTEST: LAVENIA LOWS, City Secreta PARKHILL� SM_ ITH & COOPER-, INC. Consulting Engineers fs/ H. Bennett Reaves H. Bennett Reaves, Sec'y.-Treas. 67-26-415-1030 Notion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and (37) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5364 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5364 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Project Fund The sum $4,000.00 For the following purpose: Installing valves in water mains throughout the city as needed for • fiscal year 1967-1968. 67-26-415-1031 Notion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (38) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize approval of award of Special Commissioners in Condemnation, Cause No. 139, on Parcel 2, Lots 23, 24, and the east 8.5' of Lot 22, Block 5, Ellwood Place Addition. This being purchase from Mrs. Eralee Barrier for College (University) Avenue right-ofiway between 19th Street and 34th Street. Purchase price being in the amount of $45,000. - 67-26-415-1032 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (38a) Councilmen Granberry,.Kastman, Diekemper, and Medlock voting Yea, none voting Noy, that Ordinance No. 5369 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5369 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 ORDAI= BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 116 1Ff 14 1967 The sum $45,000.00 For the following purpose: Acquisition of Parcel 2, College Avenue, from Mrs. Euralee Barrier. Address is 2504-20th Street. Legal description is the East 8.51of Lot 22, all of Lot 23, and all of Lot 24, less and except the East IC 6 feet thereof previously conveyed to the City for tight of way, all in Block 5, Ellwood Place Addition to the City of Lubbock, Lubbock County, Texas. GWO 10495 67-26-416-1033 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (39) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following resolution be passed. WHEREAS, the City of Lubbock and the State of Texas, the latter acting by and through the I: State Highway Commission, have entered into an agreement as authorized by Article 6673-b, Vernon's Ann. Texas Statutes, providing for the relocation, reconstruction and maintenance of that part of the State Highway system presently designated as a traffic circle intersection of United States' highways 84 and 87 and certain City Streets; and, WHEREAS, under the terms of the contract the procurement and acquisition of the necessary land needed for road right of way purposes is the obligation of the City of Lubbock; and, WHEREAS, the State Highway Commission has deemed it necessary in order to make certain high- way improvements in connection with said intersection situated -in the City of Lubbock and to the end that this purpose be accomplished-, the necessity of which is hereby confirmed by the City Council of the City of Lubbock, it is necessary that fee simple title to the land hereinafter described be acquired by the City of Lubbock in fulfillment and satisfaction of its obligation to the State of Texas; and, WHEREAS, Leonard Wilson, Jr., Homer Wilson, Joe Barclay, C. R. Meadows, Jr., Platter, Inc., Forrest Lumber Co., L.' E. H. Inc., and Fidelity Union Life Insurance Company, a Corporation, of Dallas, Texas, Russell Hardin, Lubbock County Tax Assessor -Collector and Harvey Austin, Tax Assessor -Collector for the City of Lubbock and Lubbock Independent School District, own or have some character of interest in land needed for the relocation and reconstruction of said inter- section, and the value and total damages to the owners for the fee simple title to said land have been appraised in the amount of $18,550.00 and the Council finds said amount to be fair and equitable; NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the fee simple title to the following described land situated in Lubbock County, Texas, be acquired by.the City of Lubbock for and on behalf of the State of Texas, for the purpose of opening, -constructing and maintaining in conjunction with the State Highway Commission said intersection as a designated part of the State Highway System which land is more particularly described as follows: 0.279 of one acre of land being out of and a part of Block 23, of the Replat of Blocks 14, 22, and 23, Lyndale Acres Addition to the City of Lubbock, Texas, which Block 23 was convey to Platter, Inc., by Deed dated 3 February 1966 and recorded in Volume 1073, Page 186, Deed Records of Lubbock County, Texas, which 0.279 of one acre of land is more particularly described by metes and bounds as follows: BEGINNING at a point in the Southeast property line of Lot 1, Block 23-A, Lyndale Acres Addition, being a point in the Southeast property line of Block 23 of the Replat of Blocks 14, 22, and 23, Lyndale Acres Addition, and being S 390 - 59' - 20 " W, 343.70 feet from the point of intersection of the tangents of the curve at the Northeast corner of said Block 23; THENCE along a circular curve to the right, the center of the curve being N 500 - 00' 40" W. 70.00 feet from the beginning of the curve, a distance of 86.71 feet to a point of rev curvature: THENCE in a Northwesterly direction along a circular curve to the left, the center of the curve being S 200 - 57' - 50" W. 865.00 feet from the beginning of the curve, a distance of 106.54 feet to a point of reverse curvature: THENCE in a Northwesterly direction along a circular curve to the right, the center of the curve being N 130 - 54' - 24" E. 70.00 feet from the beginning of the curve, a distance of 54.15 feet to a point in the West property line -of said Block 23, being a point in the West property line of said Lot 1, Block 23-A, and being S 00 - 0' - 40" E. 372.18 feet from the point of intersection of the tangents of the curb at the most Northerly corner of said Block 23; THENCE S 00 - 0" - 4011 E, 22.06 feet along said West property line to a point; THENCE along a circular curve to the left, the center of the curve being N 890 - 59' - 20 " E, 104.2 feet from the beginning of the curve, a distance of 254.61 feet to a point in the South- east property line of said Block 23, being a point in the Southeast property line of said Lot 1, Block 23-A: THENCE N 390 - 59' - 20" E. 60.55 feet along said Southeast property line to the place of beginning. Lam' rm SECTION 2: THAT the owners of said land be -offered, through the Right of Way Department, the amount appraised as the value and total damages for the fee simple title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock and StatO of Texas, and unless accepted forthwith, the City Attorney is hereby authorized and instructed to institute condemnation proceedings to acquire the fee simple title to said land as hereinbefore described for highway purposes. 1 DEC 14 11 9% 94 Wr Approved and passed by unanimous vote of the Counc ATTEST;alfe.",f i LAVEN IAWS, City Secre ry-Treasurer 67-26-417-1034 Motion by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers and (42) Councilmen Granberry, Kastman, Diekemper, and MMedlock voting Yea, none voting Nay, that Ordinance No..5370 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5370 WHEREAS, the City Council of -the City,.of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Fund The sum $14,550.00 For the following purpose: Acquisition of Parcel 2, Quaker -Avenue (19th Street to Brownfield Highway) from John L. Vaughn and Lindsey Theatres, Inc. This involves a strip of land off of the West side of Lot 1, Block 3, John W. Jarrott Subdivision and an unplatted tract South thereof -being in the Northwest 1/4 of Section 15, Block B, Lubbock County, Texas. Legal descriptions are attached. GWO 10614. 67-26-417-1035 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, that the follow ing resolution be passed. WHEREAS, the City Council has heretofore, by Ordinance No. 5185, levied as assessment for street and alley improvements, and has authorized certificates of such Special Assessment against the property abutting such improvements, as described in such certificates, and WHEREAS., Lubbock Savings and Loan Association has tendered the amount of such assessment, along with interest thereon, on the following described property: Unit No. 2158-8; Lot 11, Block 5, Whitehead Addition Unit No. 2158-8 Lot 12, Block 5, Whitehead Addition NOW, THEMORE, 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 an Assignment and Transfer of the Certificates of Special Assessment as stated above, a copy of such Assignment and Transfer is 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 h4Tftk in detail. a Passed by the City Council this 14th day of December, 1967. W. D. ROGERS, JR., ' ATTEST: � LAMIA LOWE, City Secrete -Treasurer FORM APPROVED: ./s Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney TRANSFER AND ASSIGNMENT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I P That City of Lubbock Assignee of Kerr Construction Co. hereinafter called Grantor, whether there be one or more parties executing this instrument, for and in consideration of the sum of $254.47 in hand paid by the LUBBOCK SAVINGS AND LOAN ASSOCIATION, a corporation, the receipt of which is hereby acknowledged,bas this day bargained, sold and conveyed, and by these presents do bargain, sell, convey and assign, without recourse unto said Corporation. One certain Paving Assessment, Certificate number 2, Unit number 2158-8 in the name of Andrew Bascus dated September 14, 1967 in the amount of $252.24. This is payable in three 418 IFC 141987 September 14, 1969 $84.08. more fully described in a certain Paving Assessment Certificate executed by City of Lubbock to Kerr•Construction Co. and reassigned to the City of Lubbock covering the following described real estate situated in the county of Lubbock, State of Texas, to -wit: Lot Twelve (12) Block Five (5), Whitehead Addition to the City of Lubbock, Lubbock County, Texas. and now shown of record in Vol. , Page , Records of Lubbock County Texas, to which instrument and its record, reference is here wade for a better description of said Assessment Certificate and the lien securing the payment thereof. And the Grantor hereby bargains, sells, -and conveys unto said LUBBOCK SAVINGS AND LOAN ASSOC- IAT7AN all of the right, title, and interest now owned or held by Grantor in and to said land by virtue of said Assessment Certificate add the lien securing same. TO HAVE AND TO HOLD unto the said LUBBOCK SAVINGS AND LOAN ASSOCIATION, its successors and assign4 the above described note or notes, together with all and singular, the rights, equities and interest in said land described in said paving assessment ordinance, last above mentioned, which the Grantor herein has by virtue of being the legal owner and holder of said certificate and the lien securing same, hereby covenanting that all payments, offsets and credits to which said certificate is entitled, do appear on the back thereof, and LUBBOCK SAVINGS AND LOAN ASSOCIATION, its successors and assigns, is hereby authorized to release said lien or liens upon the payment of the indebtedness hereby transferred and assigned. ("\ A This 27th day of November A.D. 1967. ATTEST: LAVENIA LOWS, City Secreta -Treasurer THE STATE OF TEXAS X COUNTY OF LUBBOCK X uNO W. D. ROGERS, JR., TRANSFER AND ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS: s That City of Lubbock assignee of Kerr Construction Company hereinafter called Grantor, wheth there be one or more parties executing this instrument, for and in consideration of the sum o€ $330.80 in hand, paid by the LUBBOCK SAVINGS AND LOAN ASSOCIATION, a corporation, the receipt of which is hereby acknowledged, has this day bargained, sold and conveyed, and by these presents do bargain, sell, convey and assign, without recourse unto said Corporation, One certain Paving Assessment, Certificate number 1, Unit Number 2158-8 in the name of Andrew Bascus dated September 14, 1967 in the amount of $327.91. This is payable in three annual installments to be due on October 4, 1967 $109.31 September 14, 1968 $109.30, and September 14, 1969 $109.30 more fully described in a certain Paving Assessment Certificate executed by City of Lubbock to Kerr Construction Company and reassigned to the City of Lubbock covering the following described real estate situated in the county of Lubbock, State of Texas, to -wit: Lot Eleven (11) Block Five (5), Whitehead Addition, to the City of Lubbock, Lubbock County, Texas. and now shown of record in -Vol. , Page , Records of Lubbock County,' Texas, to which instrument and its record, reference is here made for a better description of said Assessment Certificate and the lien securing the payment thereof. And the Grantor hereby bargains, sells and conveys unto said LUBBOCK SAVINGS AND LOAN ASSOCIATION allof the right, title and interest now owned or held by Grantor in and to said land by virtue of said Assessment Certificate and the lien securing same. TO HAVE AND TO HOLD unto the said LUBBOCK SAVINGS AND LOAN ASSOCIATION, its successors and assigns, the above described note or notes, together with all and singular, the Paving Assessment rights, equities and interest in said land described in said paving assessment ordinance. last above mentioned, which the Grantor herein has by virtue of being the legal owner and holder of said certificate and the lien securing same, hereby coveting that all payments, offsets and credits to which said certificate is entitled, do appear on the back thereof and LUBBOCK SAVINGS AND LOAN ASSOCIATION, its successors and assigns, is hereby authorized to release said lien or liens upon the payment of the indebtedness hereby transferred ar(d" signed. A i This 27th day of November A.D., 1967. W. D. ROGERS, JR., Ask if ATTEST: i LAVENIA iM, City S creta -Treasurer R r" l �! 67-26-418-1036 Motion by Councilman Diekemper, seconded' by Councilman Medlock,--motion carried, Mayor Rogers and (44) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following resolution be passed. DEC 14 El L 0 ri� • MAI EQUIPMENT CORPORATION fo*ms AGREEMENT VA MAI BUILDING F. r; FOR RENTAL AND SERVICE 67-26-418-1036 300 EAST 44TH STREET OF MAI EQUIPMENT'.' (44) NEW YORK, NEW YORK 10017 (UNIT RECORD) MAI BRANCH OFFICE AWRESS BRANCH OFFICE NO. 443 ffln{#23 BRIERCROFT OFFICE PARK., . ! AGREEMENT NO. „ ... , r. LUBBOCK* TEXAS I „ AGREEMENT DAZED as of the day of 100 between MAI EQ>1l noW CORPORATION ('MAI"), having its principal piece of business st 300 East 44tb Street, New York, New York 10017 and CITY _ OF_ LUBBOCK (CUSTOMER'S FULL LEGAL NAME) 916 TZMS AVENUE, LUBBOCK# TEXPLS - (ADDRESS} 11AI, by its acceptance bereof, epees, In accordance with this agreement, to loses to the G''uatomer the equipment described In the schedule annexed berdo, consisting of one ( 1 ) page(sT (the "Schedule'') and to service snob equipment. 1, Two of Agreeweet Any item of equipment made subject to this sgreament shall have an initial term of six (6) months from the effective date far such item. Either party may terminate an item of equipment at the and of such initial term, provided one (1) month's prior written notice Is received, otherwise such Item @hall remain subject hereto. Thereafter, an item of equipment may be terminated, provided at least one (1) mouth's prior written notice is received. The effective date of an Item of equipment shall be (a) the effective date of the MAI Purchase order with respect to an item purchased by MAI from the Customer or (b) the date an item is Installed ready for as with respect to an Item furnished by MAI from -inventory& MAI's obligations hereunder shall automatically cease, terminate and expire with reaped to any Item of equipment as to which the Customer ban defaulted in delivering title to MAI Pursued to a Purchase order between MAI and the Customer. 2. Monthly CAerye: The monthly rental charge for each item commences on the effective date for such item. V this agreement is effective with respect to arm item for less than a full calendar month, the charge for each day for such Item shall be computed at the rate of 1/30th of the monthly rental charge. The monthly rental charge for each Item leased hereunder is based upon unlimited time usage by the Customer. The use of such equlpment is restricted solely and exclusively to the Customer, its parents, subsidiaries and affiliates. If any pared, subsidiary or affilUte shall use the equipment, then such parent, subsidiary or affiliate shall automatically become a party to this agreement by - reason of such use and shall use the equipment on the same terms and conditions as the Customer. Monthly charges will be Invoiced as of the first of each month. Payment shall be made in full within thirty (30) days after # the date of Invoice. 31 : The charges shown In the Schedule are those currently In effect. All monthly rental charges payable under this agreement are subject to change upon three (3) months' notice. If the monthly charge Is changed for any Item of equipment, the Customer may dis- continue such item or terminate this agreement on the effective date of such change by delivering one (1) month's prior written notice, otherwise, the new charge shall become effective. There shall be added to the charges due bereunder amounts equal to any taxes, however designated, levied or based on such charges or on this agreement or the equipment or its use, including state and local privilege or excise taxes based on gross revenue, and any taxes or amounts In lien thereof paid or payable by MAI In respect of the foregoing, exclusive, however, of personal property taxes assessed on the equipment .and taxes based on net income► r n' ° - (Consinued an Rerene Side) THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE NERDOP ARE INCORPORATED IN AND MADE A PART OF' TMS AGREEMENT. , :.-rmj xrw In JAM vrf 7d ten, r!i Ta lnsm•t-oq OJ an 1AM mat! eMWI ACCEPTED BY : ACCEPTED BY: .1 .j t �� F' taM fitu- x... ' -rr al ed lfeds 1nbrrr, MAI EQUIPMENT CORPORATION ¢`�' t Omni c' q. t++ P,-L)JbbA edi-o. CITk OF LUBBOCK • it,f,g ti f�.. ;:�., Ic; �aelq tlrif (CUSTOMER'S FULL LEGAL NAME) snp+ 8Y 70 9et!met, r, . OFFICER'S TITLl- - - - . OFFICER'S TITLE rt. ,Ian ics alto�,tibllu:f rnw ,.'t 'm ° ri33 �t 5mmlzaY. vats: snirwta3arliiwtiset fix 'tom ,. , +:�a r:�olifl . � ,; n DATE t tam Approved him Appmved Ar "` f 7. 411 DEC 14 7� r 5 67-26-419-1037 (45)- RESOLUTION WHEREAS, the Clerk of the Corporation Court is in need -of a machine to sort and count cards and tickets issued and filed in the Corporation Court, and WHEREAS, it has been determined that the lease and service agreement -submitted by MAI Equipment Corporation is acceptable and will afford such needed service; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the Mayor of the City of Lubbock be and he is hereby authorized and directed to execute for and on behalf of the City of Lubbock a lease and service agreement with MAI Equipment Corpora- tion covering the lease and service of a card counter and sorter, a copy of said agreement is attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in. detail. Passed by the City Council this 14th day of December, 1 ATTEST: 0, LAVENIA LOWE, City ecreta -Treasurer FORM APPROVED: /s/ Fred 0. Seater, _Jr._ _ FRED O..SENTER, JR., City Attorney (SEE LEASE AND SERVICE AGREEMENT ON PAGE 418B) Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5371 be passed on first reading. ORDINANCE NO. 5371 AN ORDINANCE AMENDING THE -CODE OF ORDINANCES BY ADDING TO CHAPTER 15 A NEW ARTICLE VIII REGULATING RENDERING ESTABLISHMENTS; REGULATING THE LOCATION, EQUIPMENT AND MODE OF OPERATION OF SUCH ESTABLISffiMENTS WITHIN THE CITY LIMITS AND ONE MILE BEYOND EXCLUDING -TERRITORY WITHIN THE CORPORATE LIMITS OF ANY OTHER CITY OR TOWN, PROVIDING FOR LICENSING AND REVOCATION PROCEDURE: DECLARING CERTAIN CONDITIONS TO CONSTITUTE A NUISANCE; DESIGNATING THE DIRECTOR OF HEALTH DEPART- MENT AS ENFORCEMENT OFFICER AND PROVIDING FOR A PENALTY NOT EXCEEDING -4200.00 FOR VIOLATION. 67-26-419-1038 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (46)- Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize the appointment of Duncan Ellison, Father John Sweeney,. Rev. A. L. Davis, and Lowell Slocum as members of the Urban Renewal Agency to replace Raymond Lawrence, Briggs Irvin, Gene Knight and Rev. A. W. Wilson whose terms have expired. Terms of Mr. Ellison, Father Sweeney, Rev. Davis and Mr. Slocum are two years, with terms expiring Noveifiber 26, 1969. This is 4 nine member board; other members being Weldon Gibbs, George C. Miller, Coffee Conner, Barbara Sommerville and Mrs. Melville Monte. 67-26-419-1039 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Rogers and (47) Councilmen Granberry, Kastman, Diekemp@r, and Medlock voting Yea, none voting Nay, to authorize the appointment of Roy Anderson to replace W. C.-Strawbridge, Ed Deo to replace Claude R. Meadows, Jr., Bill Goodacre to replace Wyatt Ward and the reappointment of N. P. Holmes whose terms have expired as members of the Southeast Lubbock.Development Corporation; terms to expire December 11, 1970. This motion also included the appointment of Joe Phillips to fill the unexpired term of Glenn Mitchell; term to expire December 11, 1969 and the appointment of Doug Boren to fill the unexpired term of Tilden Jones, term to expire December 11, 1968 as members of the Southeast Lubbock Development Corporation. This is a twelve member board, other members being: Earl Ince, Jr., Chester Banks, E. W. Smith, Grover Colvin, Harry Mayes and W. F. Brownlee. 67-26-419-1040 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and (48) Councilmen Granberry,. Kastman, Diekemper and Medlock voting Yea, none voting Nay to authorize the reappointment of R. J. Mitchell and Dan Law and the appointment of Vincente Arredondo to repbace Edwin G. Young whose terms have expired to the Housing Standards Commission for three year terms; terms to expire December 19, 1970. This is a five member board; other members being 0. P. Harlan; Jr., and Joe D. McKay. 67-26-419-1041 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (49) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting May, to authorize the appoihtment of Dr. Hardy Clemons to replace Rev. C. N. Schindler and the reappointment of Lloyd Woodrow Rampy as members of the Housing Authority Board for two year terms; terms to expire December 27, 1967. This is a five member board, other members being: Ernest Knox, Bob J. Moody, and Jim Sexton. 67-26-419-1042 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (50) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize the reappointment of Dr. Armando Duran and the appointment of Bruce Ferrell to replace Mrs. E. P. Norwood whose term expires December 31, 1967 as members of the City -County Welfare Board for three year terms; terms to expire December 31, 1970. This is a nine member board, other members being; Milton Kirksey, Bill H. Smith, Mrs. Melville Monte, Louis F. McMenamy, Dr. William D. McCauley, Dr. Leslie R. Ansley, and Earl W. Reddell. 420 C 14 L%7 67-26-420-1043 Notion by Councilman Granberry, seconded -by Councilman Kastman, motion carried, Mayor Rogers and (51) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize the second regular%fEncil meeting to be held December 21, 1967. 67-26-420-1044 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (51a) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize the zoning hearing to be held with the regular City Council meeting on January 11, 1968 at 10:00 o'clock a.m. This zoning hearing to be in place of December, 1967 hearing. 67-26-420-1045 Bids as follows were received for 22 electronics sirens for the Police and Fire Departments, be (56) Bid No. 62. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Safety & Enforce- ment Supply Company - Dallas for purchase of electronics sirens. 67-26-420-1046 Bids as follows were received for a Civil Defence warning siren, being Bid No. 66. (57) 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 Fire Appliance Company of Texasm Wichita Falls, for purchase of a Civil Defense warning siren. 67-26-420-1047 Bids as follows were received for 4,000' of fire hose, booster and suction, being Bid No. 64. (58 ) Bid Tabulation set in Bid Book. After consideration of all bids received, 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, to authorize acceptance of the bids as follows: Accept the bid of Eureka Fire Hose Company, Dallas, for purchase of item 1. Accept the bid of Daco Fire Equipment Company for purchase of item 2. Accept the bid of W. H. Lumpkins Company, Dallas, for purchase of item 3. 67-26-420-1048 Bids as follows were received for mobile radio transceivers (15) for various departments, being (59) Bid No. 59. 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 bid of General Electric Company, Midland for the purchase of 15 mobile radio transceivers. 67-26-420-1049 Bids as follows were received for purchase of 11 pickups and 1 van type truck, being Bid No. 55. (60) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, seconded by Councilman Diekemper,-motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea,..none voting Nay, to authorize acceptance of the bids as follows: Acdept the bid of Modern Chevrolet Company for purchase of items 1-7. Accept the bid of International Harvester Company for purchase of item 8. Accept the bid of J. D. Hufstedler Truck Company for purchase of items 9 & 10. 67-26-420-1050 Bids as follows were received for purchase of miscellaneous electric items, being Bid No. 63. (61) 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 bids as follows: Accept the bid of Graybar Electric Company for purchase of items 1 and 6. Accept the bid of Nelson Electrid Company for purchase of items 2 and 4. Accept the bid of Southwestern Electric Supply Company for purchase of item 3. Accept the bid of Temple, Incorporated for the purchase of item 5. 67-26-420-1051 Bids as follows were received for purchase of 3 transformers (KVA) for Electric Distribution, (62) being Bid No. 78. 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 Joe B. Doran Company for purchase of 3 - 250 KVA Transformers for Electric Distribution. 67-26-420-1052 Honorable W. D. Rogers, Mayor December 13, 1967 (63) City of Lubbock Lubbock, Texas 79401 I DEC 14 1967 67-26-421-1055 BUDGET BUREAU NO. 04 -R2388 (8) ApprovaL Expires December L967 FORM HS--1 U.S. DEPARTMENT OF TRANSPORTATION (5-67) FEDERAL., HIGHWAY ADMINISTRATION NATIONAL HIGHWAY SAFETY BUREAU APPLICATION FOR HIGHWAY SAFETY PROJECT GRANT (UNDER SECTION 402(C) OF PUBLIC LAW 89-564) FOR NHSB USE ONLY STATE FUNCTION COUNTY SUBFUNCT40N POLITICAL SUBDIVISION WORK TYPE PROJECT NO. DATE RECEIVED TRANSACTION NO. DATE APPROVED PART I (ill BE cowLETED BY PROJECT DIRECTOR --SEE INSTRUCTIONS) 1. PROJECT TITLE VIEW OBSTRUCTION CLEARANCE 2. TYPE OF APPLICATION (CHECK APPLICABLE BOX (S)) A. INITIAL ❑ B. REVISION ❑ C. CONTINUATION 3. APPLICANT A. NAME OF AGENCY T RAFFIC ENGINEERING DEFT., CITY OF LUBBO B. ADDRESS OF AGENCY P. 0. BOX 20009 LUBBOCK, TEXAS T9408 C. GOVERNMENTAL UNIT (CHECK APPLICABLE WX, ❑(1) STATE ❑ (3) COUNTY [ (2) CITY ❑ (4) OTHER (SPECIFY) D. NAME AND ADDRESS OF GOVERNMENTAL UNIT CITY OF LUBBOCK, P. 0. BOX 2000 LUBBOCK TEXAS )408 E. LOCATION OF PROJECT 4. DURATION 5. FUNCTIONAL AREA 312- HIGHWAY DESIGN, CONSTRUCTION AND MAINTENANCE A. GRANT PERIOD (W.-YR.) FROM: Jan, 1, 1968 TO: Oct. 1 1968 B. PROJECT PERIOD (W.-YR.) FROM: Jan. 1, 1968 TO: Oct. 1 1968 6. DESCRIPTION OF PROJECT (DESCRIBE IN DETAIL :,N SCHEDULE A) 7. BUDGET (SEE INSTRUCTIONS --PROVIDE ITEMIZATIONS AS CALLED FOR ON SCHEDULE B) A. COST CATEGORY PROJECT PERIOD (1) TOT PRIOR YEARSURES (2) GRANT PERIOD (3) (A) PERSONAL SERVICES 1)1 162.00 14.16 OO (B) CONTRACTUAL SERVICES (C) COMMODITIES 11900400 1.900400 (D) OTHER DIRECT COSTS 46O (E) INDIRECT COSTS TOTAL ESTIMATED COSTS (IN,'L. NON-FEDERAL SHARE) $24022.00 $249522.00 8. SOURCE OF FUNDS C. SPECIFY HOW NON-FEDERAL SHARE WILL BE PROVIDED. CITY OF LUBBOCK, TEXAS 1967-1968 Budget (1) FEDERAL $129258-00 (2) STATE (3) POLITICAL SUBDIVISION 12,264.00 (4) OTHER (EXPLAIN IN C) TOTAL $214 # 522. 00 2 ACI4A F F r Dear Dub: As you recall, approximately two months ago, I appeared before the City Commission with a request for angle packing to be granted around the post office, as well as in front of the post office, on the curb line which is an approach to the post office property. I was pleased that my request was unanimously accepted; however, the question arose of who would pay for paving the curb line space in front of the post office, and at that time, I advised the Commission that the Post Office Department had requested this property and offered to pave it several years ago; however, since the building was now completed and this approach has been land- scaped, it was doubtful if the Department would again spend money on this area. As a result of the discussion, a motion was made to grant angle parking around the post office, and then wait a period of time to see if it would adequately serve our patrons' needs, and if it would not, then I should come back later with a request for angle parking in front of the post office in the 1500 block of Avenue "G". I have received daily complaints from citizens of Lubbock, both written and oral. I am enclosing only a few of our recent written complaints from postal patrons. After yow: have reviewed them, and they have served their purpose, please return them in the self-addressed envelope which is enclosed, in case it is necessary for me to again appear before the Commission for further action. Within the last few days, I have requested parallel parking in the 1500-block of Avenue 'V' as temporary relief during the,Christmas rush. This may be discussed at the Council meeting, Thurs- day, December 14; 1967. At this time, I wish consideration for angle parking on the 19' curb line in front of the post office in the 1500 block of Avenue "G". I naturally feel that the City of Lubbock should immediat ly proceed in paving this area; however, if they will not do this, then I wish to request that the angle parking be approved so that I may proceed to present this proposal to the County Commission to pave this property; if they refuse, I will, go to the Post Office Department in Washington, D. { Thanking you and the Commission for your kind considerations of the past, I am -- Sincerely yours, /s/ E. J. Ohnemus E. J. Ohnemus, Postmaster The City Council considered the request of Mr. E. J. Ohnemus, Postmaster, as set out in the above letter for angle parking in front of the post office in the 1500 block of Avenue G. After due discussion, motion was made by Councilman Kastman, seconded by Councilman Granberry, motion carrie Mayor Rogers and Councilmen Granberry, Kastman., Diekemper and Medlock voting Yea, none voting Nay, to Table the request of Mr. Ohnemus for angle parking in the 1500 block of Avenue G. 67-26-421-1053 Mr. Darrel Morris, Mr. Vicente Arredondo, Mr. T. J. Patterson and others of the Posey Neighborhooc (5 6) Improvement Committee located in an area bounded by Vanda Avenue, 16th Street, Cherry Avenue, and 19th Street appeared before the City Council. Slides were shown to the City Council of the clean- up campaign recently conducted in this community. The following request and needs of the Posey Neighborhood were presented to the City Council: NEEDS OF OUR POSEY NEIGHBORHOOD 1. We need better transportation for our children who are attending Estacado and Alderson School* 2. We need a Neighborhood Center, with park and playground equipment, and a Boys Club for out. chitdren•to play. Perhaps some juvenile delinquency can be - avoided. '3. On 19th Street at the 1700 block, there is a rendering plant in the Canyon. They have hogs there which is a nesting place for flies and also gives off a bad odor. On the 2600 block of 19th Street,.there is a farm which is also a nesting place for flues and bad odors. 4. We need traffic lights on Vanda and Idalou Road to eliminate serious accidents in the future. S. We need lights on our streets, especially around our Posey area, at the schools, and churches. 6. -We need a traffic woman on 4th Street and Walnut. It is dangerous for our children to cross going to and from school. Posey Neighborhood Improvement Committee Members Mayor Rogers commended the Posey Community residents and their clean-up effort and requested the City Manager to make recommendations to the City Council at an early date in reply to the request made by the Posey Neighborhood improvement Committee as set out above. Councilman Diekemper was absent at the time of this discussion. 67-26-421-1054 Mr. Herman Williams, Chairman of the local Youth Council, appeared before the City Council and (7) introduced Mr. Frank Caldwell, member of the Youth Council, who discussed medical health for under -privileged children in Lubbock. Mr. Caldwell explained to the City Council, operation of a clinic for children by the Second Baptist Church and other phases of the pr of the Youth Council. Mr. Caldwell stated to the City Council, "The preliminary -report/ oohhe conclusion that there is a tremendous problem on which there is little understanding between the City as a whole, and the nature of this problem. That an intensive study by someone ought to bring these facts to the attention of the whole community and especially to the attention of the community leaders." He also made the following recommendation: "That the City Council be given a complete report on the problem so that they may be able to see their responsibility in this relationship." Councilman Diekemper was absent at the time of this discussion. 67-26-421-1055 Mr. Van McVay appeared before the City Council and explained the National Highway Act and the (8) possibility of the City of Lubbock participating in this program. Project title being: "View Obstruction Clearance". Motion was then made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Medlock voting Yea, c 2 1 4 1967 none voting Nay, to authorize the Mayor to execute the following application for Highway Safety Grant. Total estimated cost is $24,552.00, of which approximately 1/2 of the amount is to be paid by the Federal Government. Councilman Diekemper was absent at the time of this motion. (Application set in on Page 420B) 67-26-422-1056 Payment of the City's portion of the total cost of the Highway Safety Project to be made from the (52) 1967-68 Budgeted accounts; authorization being hereby given by the City of Lubbock to pay from Accounts Receivable (State of Texas) $12,276.00, the City to be reimbursed in this amount by the State or Federal Government upon completion of the project. Councilman Diekemper was absent at the time of this action. 67-26-422-1057 Mr. Warlick Carr, Attorney, appeared before the City Council representing Mr. W. 0. Bearden in (9) regard to opening in median in the vicinity of the Red Raider Theater on North College Avenue at Erskine Street. After discussion the City Council requested the City Staff to work with Mr. Carr and Mr. Bearden and present a proposed traffic plan fcr this location to the City Council on December 21, 1967. Councilman Diekemper was absent at the time of this discussion. 67-26-422-1058 Mr. James-G. Marshall appeared before the City Council and discussed drainage and elevation in tho (10) vicinity of 26th Street and Boston Avenue. Mr. Sam Wahl, City Engineer, presented to the City Council a map showing -existing storm sewer in this area and stated to the City Council that a valve will be installed at 23rd Street just east of Boston Avenue. Mr. Marshall stated to the City Council that he would make a typewitten copy of some of the material he proposed to the City Council and present it at a later date. Councilman Diekemper was absent at the time of this discussion. 67-26-422-1059 The City Council having on November 22, 1967, of record on Page 390, Minute Book 26, authorized 0 1) approval and recommended to the Texas Highway Department the extension of previously approved median on West 19th Street from Quaker Avenue west 325' past Raleigh Avenue. On this date December 14, 1967, Mr. George W. McCleskey, Attorney, appeared before the City Council in regard to opening in median on West 19th Street in the vicinity of Quaker Avenue and motion was made by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to delay any action on the median west of Quaker Avenue on West 19th Street. 67-26-422-1060 Mr. Bill Gillespie, Attorney, appeared before the City Council representing Ray Purr in regard to (12) payment of interest on paving assessment abutting Lot 47, Bobalet Heights Addition. Mr. Gillespi requested that interest on this paving assessment in the amount of $143.90 be waived. After consideration of this request, 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 this interest on paving .to be waived and release of the paving lien to be executed. 67-26-422-1061 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (30) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize advertisement of Notice to Bidders for 21,000'cubic yards of fill at Loop 289 (south)and Quaker Avenue.. 67-26-422-1062 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Rogers and (31) 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 A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of .City Ordinance 1331, the subdivider of Burlington industrial Addition No. 2, Lot 3, Block 10, made arrangements with Frank Hodges Cement Contractor for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Lot 3, Block 10, Burlington Industrial Addition No. 2 including the following street: East 44th Street North curb and gutter only from its intersection with a line 13.5 feet East of the East property line of Globe Avenue to its intersection with a line 237 feet East of the East property line of Globe Avenue known and designated as New Subdivision Unit Number 1731. AND WHEREAS, the construction of the above improvements on the above mentioned 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 specificatio 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 after {Epassage. PASSED AND APPROVED THIS 14th DAY OF December, 1967. W. D. ROGERS, JR., y ,DEC i 4 1 r 11 c 67-26-423-1063 (34) r F ATTEST: gift"" rP""" . /d� LA,VENIA LOWE, City Secreta Treasurer APPROVED: Is/ Samuel W. Wahl SAMUEL W. WAHL, City Engineer APPROVED: . /s/ Fred 0. Senter, Jr. FRED 0. SMTM, JR., City Attorney Honorable Mayor and City Council - Lubbock, Texas Gentlemen: December 14, 1967 I have examined the paving improvements constructed by Frank Hodges Cement Contractor, paving contractor, under-bis contract with the subdividers of Lot 3, Block 10, Burlington Industrial Addition #2 and find the improvements on E. 44th Street from east of Globe Avenue to 237' east of Globe Avenue (N. curb and gutter only) as listed on the final estimate sheet to have been complete 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 him by the City of Lubbock. Yours very truly, /s/ Samuel W. Wahl Samuel W. Wahl City Engineer CONSOLIDATED FINAL ESTIMATE Burlington Industrial Addition No. 2 Lot 3, Block 10 Accepted December 14, 1967 gUANTiTIES Unit & Sub -Unit Location NS 1731 North 1/2 of E. 44th Street from 13.5' East of the EPL of Globe Avenue to 237' East of the EPL of Globe Ave (North curb & gutter only) COST ESTIMATE 223.5 L. F. Curb & Gutter COST DISTRIBUTION '@ 2.10 $ 469.35 CONTRACT COST $ 469.35 L.F. C & G 223.5 Unit & Sub -Unit _ Contract Cost __Property Owner Cost From Paving Extension Fw NS 1731 469.35 78.22 Motion by Councilman Diekemper, seconded by Councilman Kastman, motion Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none ing resolution be passed. 391.13 carried, Mayor Rogers and voting Nay, that the follow. WHEREAS, it is contemplated that the City of Lubbock, Texas will construct certain sewage transmission and treatment facilities with an estimated total cost of $2,500,000; and WHEREAS, it is found that the City of Lubbock, Texas is unable to provide the total cost of such improvements; and WHEREAS, it is deemed necessary and proper to apply for federal grant under the Federal Water Pollution Control Act. Public Law 660, as amended, in order to have sufficient funds to complete these much needed improvements. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, that W. R. Blackwell, City Manager, of the City of Lubbock, Texas, be and is hereby authorized and directed to make application and sign the necessary documents required to complete the projec- on behalf of the City of Lubbock, Texas, for a federal grant under Public Law 660, as amended; to be applied to the cost of the construction of said sewage facilities. The City of Lubbock, Texas hereby agrees that if a federal grant for the project is made pursuant to the Federal Water Pollution Control Act, the city will pay the remai4ng costs of the approved project. Adopted this the 14th day of December, 1967. (SEAL) W. D. ROGERS, JR., Mayor City of Lubbock, Texas ATTEST: LAVENIA LOWE, City Secretary -Treasurer C 14 woo 67-26-424-1064 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (36) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the follow- ing resolution be passed. RESOLUTION WHEREAS, it is contemplated that the City.of Lubbock, Texas will construct certain water supply and transmission facilities with an estimated total cost of $1,839,100.00; and WHEREAS, it is found that the City of Lubbock, Texas is unable to provide the total cost of such improvements; and WHEREAS, it is deemed necessary and proper to apply for federal grant under Section 702 of the Housing and Urban Development Act of 1965, Public Law 89-117,.in order to have sufficient funds to complete these much needed improvements. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS,14 that W. R. Blackwell, City Manager, of the City of Lubbock, Texas, be and is hereby authorized e and directed to make application and sign the necessary documents required to complete the project on behalf of the City of Lubbock, Texas, for a federal grant under Public Law 89-117 to be applied to the cost of the construction of said water facilities. The City of Lubbock, Texas hereby agrees that if a federal grant for the project is made pursuant to Section 702 of the Housing and Urban Development Act of 1965, the City will pay•the remaining costs 01111hbe approved prq&ct. Adopted this the-14th day of December,'1967.- (SEAL) W. D. ROGERS, JR., May City of Lubbock, Texas ATTEST: LAVENIA LOWE, City Secretary 67-26-424-1065 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (40) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize the Right -of -Way Department to procede with preliminary negotiations in securing right-of-way for widening of Indiana Avenue between 19th Street and 34th Street. 67-26-424-1066 Mr. Earl Reddell, Chairman of the.City-County Welfare Board, Mrs. E. P. Norwood, Rosa Settle, (14) Mrs. Melville Monte and other members of the Board appeared before the City Council and presented changes recommended in the Lubbock City -County Welfare Manual, Page 12. The County Commissioners Court having approved changes on December 11, 1967. 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 ratification of the County Commissioners Court action in approving said Welfare Department changes. The changes approved are as follows: CHANGES TO BE MADE IN LUBBOCK CITY -CITY COUNTY WELFARE DEPT. MANUAL PAGE 12: A, B, C, D, (No change) E. 2. HOSPITALIZATION (No changes in "a" through "d") e. Hospital Costs in Local Hospitals: (Sub -headings should be as follows) (1) The basic room rate per day for medically indigent patients shall be actual costs, but not to exceed 100% of the minimum semi -private room rent of that hospital. (2) The emergency room fee shall not exceed $7.50 per patient trip. (3) Charges for patients in the Intensive Care Unit shall not exceed $70.00 per day. (4) The maximum hospital nursery fee shall be 100% of the usual charge of that hospital. (5) Blood for transfusion in local hospitals in excess of two 500 cc units shall be paid as any other item of expense, reimbursement beginning with the third 500 cc unit at the rate charged the hospital by Blood Services of Lubbock, Inc. (6) (No Change) (7) (No Change) (Add section "f" and change sections "f" to "g" and "h" respectively.) f. Determination of eligibility shall be made on each case within 72 hours after presentation of the case to the Department, when ever possible. Changes suggested on Page 13t (Change item "h" to "i " and add sub -topic (4) i. The Department may authorize payments to John Sealy Hospital in Galveston for medically indigent patients on the following bases: (1) (No change) (2) (No change) (3) (No change) (4) Blood units for use of medically indigent patients, authorized by the - Department, shall be paid as any other item of expense at the rate as charged by Blood Services of Lubbock, Inc. to John Sealy Hospital. (Change item "i " to "j" and sub -headings should read) J. Maternity cases may be considered for payment under the following circumstances: (1) Any obstetrical case otherwise eligible for Lubbock City County Welfare Dept. services should be given the same consideration as other emergency hospital cases. c F W 14 F F r F (2) Any application to Lubbock City -County Welfare Dept. of a maternity case for delivery shall not be accepted prior to three months before due to deliver. (3) No change a, b, c, no change d. Hospitals shall be encouraged to make every effort to collect from;..the county of the patient's residence in obstetrical cases residing in surrounc ing counties who come into Lubbock County in labor. (4) No commitment for payment for delivery at term pregnancy shall be made earlier than three months prior to delivery on cases certified for out -patient care, unless the case is an obvious chronically indigent family and the Department has assumed responsibility for maintenance. 67-26-425-1067 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, to authorize approval of Central Lubbock Feasibility Survey compiled by Bernard Johnson Engineers, Inc. This being Tex. R-110 (FS). A portion of this report follows: (First four pages of Central Lubbock Feasibility Report set in on Page 425A. See complete report in Permanent File Under Urban Renewal) 67-26-425-1068 It was brought to the attention of the City Council that fire and health violations exist in (54) areas where old buildings have not been repaired or torn down, where vacant lots have not been cleared from existing debris and on vacant tracts of land where fire hazed Weemp mo o ca r e or o ers an( was made by Councilman Diekemper, seconded by Councilman Granberry,hRIE an0 �� n n n G( Medlock voting Yea, none voting Nay, to authorize enforcement of the fire and health regu�La ons to abate these conditions. 67-26-425-1069 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (29) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the follo4 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 Paving Release with KERR CONSTRUCTION COMPANY, attaches 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 iMlly copied herein in detail Passed by the City Council this 14th day of December, 1 ATTEST: f LAMIX LOWE, City ecret y-Treasurer FRED 0. SENT ER, JR., City Attorney THE STATE OF TE3CAS X COUNTY OF LUBBOCK I %r 6 h/,i W. D. ROGERS, JR., PAVING RELEASE WHEREAS, heretofore, on April 8, 1965, the City of Lubbock passed Ordinance No. 4657, such instrument being recorded in Volume 1034, Page 347, of the Deed Records of Lubbock County, Texas, such Ordinance containing a notice of improvements and apportionment of costs of such improvements by assessing a lien upon the property abutting thereon, and in such Ordinance there was included paving assessments for certain hereinafter described Paving Units; and, WHEREAS, under such Paving Units, such improvements have created no lien or liens against the property assessed pursuant to said Paving Units, by reason of the fact that such paving improvements have not been made and there is no immediate plan of making street improvements upon the streets under said Paving Units, and it is expedient to remove the cloud and apparent lien placed upon the title of property abutting the streets as aforementioned: NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: THAT the City of Lubbock and Kerr Construction Company, acting by and through their officers heretofore duly authorized in consideration of the premises, do hereby and by these presents, RELEASE, RELINQUISH and FOREVER QUIT CLAIM to the owner or owners of property affected by the paving assessment liens hereinabove mentioned, their heirs, administrators, executors and assigns, all right, title and interest the Gity of Lubbock and Kerr Construction Company may have in and to all these lots, tracts or parcels of land being situated in the City of Lubbock, Lubbock County Texas, and being further described as follows, to -wit: Part of Unit 2121-19 Detroit Avenue from the South Property Line of 3rd Street (East Leg) to 10 fee North of the North Property Line of 4th Street (East Leg). The below describe tract only to be released. Beginning at a point 60 feet South of the South- west corner of Lot 13, Block 21, Parks Addition to the City of Lubbock, Lubboc County, Texas; Thence South 574.4 feet; Thence East 100.00 feet; Thence North 574.4 feet; Thence West 100.00 feet to the point of beginning. .2 IEC 14 1967 to 13 feet East of the East Property Line of June Avenue. Unit 2131-28 East 15th Street from 13 feet East of East Property Line of June Avenue to to 13 feet East of the East Property Line of Keel Avenue. Unit 2131-29 York Avenue from 3 feet South of the South Property Line of 38th Street (East Leg) to 3 feet North of the North Property Line of 39th Street. Part of Unit 2131-38 Part of Unit 2131-39 Part of Unit 2131-40 Part of Unit 2131-41 Part of Unit 2131-42 Iola Avenue from 33 feet North of the South Property Line of 19th Street to 8 feet South of the South Property Line of 20th Street (West Leg). The below described tract only to be released. Beginning at a point 65.00 feet South and 41.00 feet East of the Northwest corner of the Northeast one -quarter of Section 44, Block A-K, Lubbock County, Texas; Thence East 85.00 feet; Thence South 396.60 feet; Thence West 85.00 feet; Thence North 56.00 feet to a point in a curve to the right, the radius point of which bears North 15.00 feet; Thence Northwesterly around said curve to the right 23.56 feet to a point of tangency from which the radius point bears East 15.00 feet; Thence North 310.60 feet to a point of tangency with a curve to the right, the radius point of which bears East 15.00 feet; Thence Northeasterly around said curve to•the right 23.56 feet to a point from which the radids point bears South 15.00 feet, said point being the point of beginning. Iola Avenue from 8 feet South of the South Property Line of 20th Street (West Leg) to 8 feet South of the South Property Line of 21st Street (West Leg). The below described tract only to be released. Beginning at a point 461.60 feet South and 41.00 feet East of the Northwest corner of the Northeast one -quarter of Section 44, Block A-K, Lubbock County Texas; Thence East 85.00 feet; Thence South 390.00 feet; Thence West 100.00 feet; Thence North 375.00 feet to a point of tangency with a curve to the right, the radius point of which bears East 15.00 feet; Thence Northeasterly aroudd said curve to the right 23.56 feet to a point from which the radius point bears South 15.00 feet, said point being the point of beginning. Iola Avenue Iola Avenue Iola Avenue from 8 feet South of the South Property Line of 21st II Street (West Leg) to 8 feet South of the South Property Line of 22nd Street (West Leg): The below described tract only to be released. Beginning at a point 851.60 feet South and 26.00 feet East of the Northwest corner of the Northeast one -quarter of Section 44, Block A-K, Lubbock County, Texas; Thence East 100.00 feet; Thence South 385.00 Feet; Thence West 100.00 feet; Thence North 134.00 feet to a point of tangency with a curve to the right, the radius point of which bears East 15.00 feet; Thence Northeasterly around said curve to the right 23.56 feet to a point from which the radius point point bears South 15.00 feet; Thence North 56.00 feet to a point on a curve to the right the radius point of which bears North 15.00 feet; Thence Northwesterly around said curve to the right 23.56 feet to a point of tangency from which the radius point bears East 15.00 feet] Thence North 165.00 feet to the place of beginning. I from 8 feet South of the South Property Line of 22nd Street (West Leg) to 8 fedt South of the South Property Line of 23rd Street (West Leg). The below described tract only to be released. Beginning at a point 1236.60 feet South and 26.00 feet East of the Northwest corner of the Northeast one -quarter of Section 44, Block A-K, Lubbock County, Texas; Thence East 100.00 feet; Thence South 352. 40 feet; Thence West 100.00 feet; Thence North 352.40 feet to the point of beginning. from 8 feet South of the South Property Line of 23rd Street (West Leg) to 8 feet South of the South Property Line of 24th Street (West Leg). The below described tract only to be released. Beginning at a point 1589.00 feet South and 26.00 feet East of the Northwest corner of the Northeast one -quarter of Section 44, Block A-K, Lubbock County, Texas; Thence East 100.00 feet; Thence South 353.00 feet; Thence West 100.00 feet; Thence North 215.40 feet to a point of tan- gency with a curve to the right, the radius point of which bears East 15.00 feet; Thence Northeasterly around said curve to the right 23.56 feet to a point from which the radius point bears South 15.00 feet; Thence North 56.00 feet to a point on a curve to the right, the radius point of which bears North 15.00 feet; Thence Northwester) around the curve to the right 23.56 feet to a point of tanstencv from which the radius point bears East 15.00 feet ,L i II 4)EE 14 11 U a L 67-26-425-1067 (27 ) .► 46 FEASIBILITY STUDY CENTRAL LUBBOCK PROJECT AREA 1. Introduction The area incorporated in this study as shown on the Locality Map runs from Avenue A on the east to 1/2 block west of Avenue Q on the west and from 4th Street on the north to 19th Street on the south and consists of approximately 696 acres. There is a very distinctive pattern of deterioration in the area showing the core area surrounded by encroaching blight as shown on the structural conditions map. The blighted areas are tending to continue spreading inward, choking the core area as well as extending outward into adjacent residential, commercial and industrial areas. There is a great lack of open space for recreational or beautification purposes; drain- age facilities are inadequate and there is considerable deterioration in public facilities such as pavement, curb and gutter and sidewalks. More and more vacancies are appearing in the downtown area and there is a general loss of trade to outlying shopping centers of recent development. Need for considerable rehabilitation of structures exists and dramatic measures are necessary to return the downtown area to its basic importance, not only for local retail trade, but as a regional trade center as well. This dramatic change which will be explained in detail in another section of the report, coupled with improved access and improved parking and the proposed clearance and redevelopment areas should again make the downtown area the focus of business activity for the City and the Region. 2. Purpose of the Study. Basic purpose of the study is to determine degree of treatment for which various parts of the study area are eligible, determine financing capabilities of the City, and determine general feasibility of relocation through estimating number of families and businesses to be relocated and an analysis of existing and proposed relocation re- sources, e 1 C r r F Unit 2131-44 Vicksburg Ave. from 8 feet North of the North.Property Line of 5th Street (East Leg) to 34 feet North of the South Property Line of 4th Street. _ Unit 2131-45 Vicksburg Ave. from 8 feet North of the North Property Line of 6th Street (East Leg) to 8 feet North of the North Property Line of 5th Street (East Leg).. Unit 2131-46 Vicksburg Ave. from 3 feet North of the North Property Line of the alley Southcof 6th Street (West Leg) to 15t South of the South Pro- perty Line of 6th Street (West Leg) Part of Unit 2132-6 Zenith Avenue from 12 feet North of the North Property Line of Erskine Street to 16 feet South of the South Property Line of Duke Street. The below described tract only to be released. Beginning at a point 60 feet East of the Northeast corner of Lot 1, Tract F. Mackenzie Terrace Addition to the City of Lubbock, Lubbock County, Texas; Thence South 718.4 feet; Thence East 100.00.feet; Thence North 718.4 feet; Thence West 100 feet to the point of beginning. Unit 2135-2 Main Street from the East Lip Line of Avenue Q to 600 feet East of the East Property Line of Avenue Q. Part of Unit 2137-3 West 1/2 Quaker from 16 feet South of the South of the South Property Line of Avenue 60th Street (East Leg) to 3 feet South of the alley South of 63rd Street (East Leg). The below described tract only to be released. Beginning at a point 312.7 feet South of the Southeast cornet of Lot 130, Crestview Addition to the City of Lubbock, Lubboc County, Texas; Thence South 127.3 feet; Thence West 100.00 fe Thence North 127.3 feet; Thence East 100.00 feet to the point of beginning. Unit 2138-1, Indiana Avenue from 15.5 feet North of the North Property Line of Grinnell Street to 18 feet North of the North Property Line of Harvard Street. Unit 2138-2 Indiana Avenue from 18 feet North of the North Property Line of Harvard Street to 18 feet North of the North Property Line of Itasca Street. Unit 2138-3 Indiana Avenue from 18 feet North of the North Property Line of Itasca Stree to 18 feet North of the North Property Line of Jarvis Street. Unit 2138-4 Indiana Avenue from 18 feet North of the North Property Line of Jarvis Street to 12 feet North -of the South Property Line of Clovis Road. This Release affects only the property hereinabove described and in no way affects any proper ty or liens not specifically described herein, and all liens and apparent liens against property owners not otherwise released are hereby expressly retained - Executed this 14th day of December, 1967. KE1 BY Cr BY ATTEST: IAVENIA LOWE, City Secre ry-Treasurer APPROVED: FRED 0. SENTER, JR., City Attorney W. D. ROGMS, JR., Mayor 67-26-427-1070 Mr. Kenneth Flagg appeared before the City Council and presented a proposal in connection with (13) securing right-of-way on Quaker Avenue between 62nd Street and 66th Street. 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 said proposal for securing right-of-way, the proposal being set out herein. The Mayor & City Council City of Lubbock, Texas Gentlemen: November 29, 1967 We are planning to purchase the 40 acre tract of land being the Southeast 1/4 of the South- east 1/4 of Section 9, Block E-2, Lubbock County, Texas. Said 40 acre tract of land is bounded by 62nd Street, 66th Street, Quaker Avenue and Salem Avenue and is as shown on the attached map of the area. We are purchasing this site subject to the relocation of Quaker Avenue in this area and we 18 C 14 1967 hereby make the following proposal. Certain area of the attached map are numbered for reference in this proposal. 1. We will convey to the City, by warranty deed, the lake area to the East of Quaker Avenue shown on the amp as Tract II -A and II-B for a consideration of-$1.00. 2. We will dedicate to the public for street purposes the West one half of Quaker Avenue shown as Tract I-B on the map. 3. We will pay the paving assessment on the West one half of Quaker Avenue in the amount of $9,302.54 but with payment to be deferred for three years from the date the paving is accepted; at no interest, or until the adjacent lots are developed or sold,•whichever comes first. 4. The City will furnish the fill material either from Tract II-B or the adjoining City property and without cost to us will fill Tract III and all of the Quaker Avenue right of -way to a point at or above the established high water mark. 5. The City will purchase the East one half of Quaker Avenue, shown as Tract I -A, from us, being approximately 1.15 acres, at $3,000.00 per acre or a total of $3,450.00 and will dedicate same as right of way and pay the paving costs on the East or lake side of Quaker Avenue. Unless accepted by the City Council of the City of Lubbock on or before December 30, 1967, this proposal will expire without further notification. Yours truly, Isl Ken Flagg Ken Flagg /s/ Harold Blank Maxey Lumber RIGHT OF WAY AND PAVING AGREEMENT THIS AGREEMENT made this 14th day of December, 1967 between the City of Lubbock, a Home Rule Municipal Corporation hereinafter called City, and Kenneth P. Flagg, Elvis Roberts, W. W. William son, and Maxey Lumber Company, a corporation, hereinafter called Grantors, Witnesseth: Grantors and the City for and in consideration of the terms and covenants set forth below, by these presents enter into an agreement covering theproperty described on the attached Exhibit A as follows: No. 1: Grantors agree to convey to the City by Warranty Deed the lake area on the East side of Quaker Avenue, shown on Exhibit A as Tract II -A, for the consideration of $1.00. No. 2: Grantors agree'to dedicate to the public for street purposes the West 1/2 of Quaker Avenue from 62nd Street south to 66th Street as shown on Exhibit A as Tract I-B. No. 3: Grantors hereby assume and agree to pay the paving assessment on the above described West 1/2 of Quaker Avenue shown as Tract I-B in the amount of $9,302.54 with the agreement and under- standing that the payment of such paving assessment shall be deferred for a period of three years from the date the paving improvements are accepted, with such•payment to be made with no interest due on the principal; or in the alternative such paving assessment shall be paid at such: time as the lots'which are adjacent to and abutting on the paving improvements are developed or sold, whichever comes first. No. 4: The City hereby agrees to furnish to Grantors fill material from either Tract II-B of Exhibit A, or the adjoining City property in suffieient quantities and without cost to grantors to fill Tract III of Exhibit A to a point to or above the established high water mark with the understanding and agreement that Quaker Avenue will also be filled to such point. The City will perform such fill of Tract III at no cost to Grantors. No. 5: The City hereby agrees to purchase from Grantors, upon grantors' furnishing satisfactory proof to title including either abstract or title policy as the City may require, the East 1/2 of Quaker Avenue shown as Tract I -A on Exhibit A, said Tract I -A containing approximately 1.15 acres and the consideration for such purchase shall be $3,000.00 per acre or a total of $3,450.00. with the additional understanding that the City will assume the cost of paving improvements on said Tract I -A. No. 6: Grantor hereby grants the City permission to enter upon any -of the property stated herein for the purpose of proceeding with the work agreed herein. EXECUTED THIS 14TH DAY OF DECEMBER, 1967. CITY OF By: ' W. D. ROGERS, 3R., or i • ATTEST: ' LAVENIA LOWE, City ecreta -Treasurer Fhu DEC 14 APPROVED: Isl Fred 0. Seater, Jr. _ FRED 0. SENTE$, JR.,^City Attorney Isl Kenneth P. F1 g&_ Kenneth P. Flagg Is/ Elvis Roberts Elvis Roberts /s/ W. W. Williamson W. W. Williamson MAXEY LUMBER COMPANY, a corporation By: Isl Harold Blank Harold Blank, President NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE MEETING DECEMBER 14, 1967. ATTEST: LAVEN A LOWE, City ecretary-Treasurer READ AND APPROVED THIS THE 11TH DAY OF JANUARY, 1 ATTEST: IAVEMLV LOWS, City S retary-Treasurer 11 COUNCIL ADJOURNED FROM REGULAR W. D. ROGERS, JR.,