HomeMy WebLinkAboutMinutes - City Council - Regular - 12/21/1967IOU
AEC 21 1967
67-26-430-1071
(1)
67-26-430-1072
(5)
67-26-430-1073
(6)
December 21, 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 Ray J. Diekemper, Jr.
Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and
Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting May, that Ordinance
No. 5364 be passed on second and final 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
The soon $4,000.00 Capital Project Fund
For the following purpose: Installing valves in water mains throughout the city as needed for
fiscal year 1967-1968
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. 5367 be passed on second and final 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
The sum $16,551.72 Capital Project Fund
For the following purpose: Construct water lines ahead of street and alley paving at the follow-{
ing locations: 10" line in Zenith Avenue 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
67-26-430-1074 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and
(7) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance
No. 5369 be passed on second and final 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 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 Funds
,DEC
67-26-432-1079
(11)
ankh..NZ
40-%& son',,,
S -3-1-6 + 0 6. E—NO ' P R---O J. C - 186 7- 1 -
COMET. 1815 7- 1- 4
il-316+06.9 PROJ. G-1867-1�3
rApproved Qty Commit,
Date
FiledWith C4Y Sec,-c* Mmom
Data &UL-
4JZB
bEC 21 1967
67-26-432-1082
(14)
c
i
PORTER 2-6411
BO X 2000
LUBBOCK. TEXAS 79400
Certificate of Completion
Honorable Mayor and City Council
City of Lubbock, Texas
Gentlemen:
On December 12, 1967, 1 inspected the Two Trenches and Material Hauled by
W. D. Turner Construction Company, GWO 2936 under contract dated September
28, 1967 and found said improvements to have been completed in accordance
with the plans and specifications.
Therefore, I recommend that you accept said improvements and authorize
final payment to the contractor.
Ve truly yo ,
Samuel W. a
City Engineer
4t
.DEC 2 11
r..
F
FRM
67-26-431-1075
(8)
67-26-431-1076
(9)
67-26-431-1077
(10)
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 8.5' of
Lot 22, all of Lot 23, and all of Lot 24, less and except the East
14.6 feet thereof previously conveyed to the City for right of way, al
in Block 5, Ellwood Place Addition to the City of Lubbock, Lubbock
County, Texas. GWO 10495
Motion by Councilman Kaltman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and
Couincilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance
No. 5370 be passed on second and final reading.
AN APPROPRIATION ORDINANCE
ORDINANCE NO. 5370
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certair
specific funds out of bond funds for an approved project;
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 Theaters, Inc. This involves
a strip of land off of the West side of Lot 1, Block 3, John W. Jarrot
Subdivision and an unplatted tract South thereof being in the North-
west 1/4 of Section 15, Block B, Lubbock County, Texas. Legal-descrip
tions are attached. GWO 10614
Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and
Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting May, that Ordinance
No. 5371 be passed on second and final 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 ESTABLISHMENTS 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 $200.00 FOR VIOLATION.
Motion by Councilman Kaltman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and
Councilmen Granberry, Kaltman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance
No. 5365 be passed on second and final 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), US. 84,
AND SPUR 331 (SOUTHEAST DRIVE), AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS; PRESCRIBING A PENAL?
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 THIS
EFFECTIVE DATE OF THIS ORDINANCE.
67-26-431-1078 Mr. Edward L. Colby appeared before the City Council and presented recommendations of the Airport
(0) Board that certain Airport land be leased for oil and gas for five years. Motion was made by
Councilman Kaltman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen
Granberry, Kaltman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize the following
Notice to Bidders for bids to be received January 25, 1968 for lease of this land.
NOTICE TO BIDDERS
Sealed proposals addressed to the Honorable Mayor and City Council, City of Lubbock, Texas,
attention of the City Manager, will be received at the office of the City Manager, City Hall,
Lubbock, Texas until 10:00 A.M. Central Standard Time, Thursday, January: 25, 1968, for the4lease
of 353.25 acres of airport land being part of Section 32, Block A, Lubbock County, Texas. The
City Council will consider the bid& subject to the right of the Council to reject any or all bids
and waive formalities. Bids may not be withdrawn within thirty (30) days after they are submittec
and any bid received after closing time will be returned unopened. The lease to be granted will
be a five (5) year oil and gas mineral lease subject to, inter alia, the following conditions:
1. No lease will be considered with less than a reserved 1/8 royalty or with a primary term
of more than ten (10) years.
2.. No exploration or development under the terms of this lease shall conflict in any way
with the easement granted the Canadian River Water District for the purposes recited therein,
or any other existing easement.
3. No exploration or development under the terms of this lease shall conflict with the pri-
mary aviation purposes of the Lubbock Municipal Airport, or shall conflict with Federal
Aviation Administration safety regulations for airports or air traffic.
EC 21 1967
4. No exploration or development under the terms of this lease shall conflict with contin
use and operation of all the landing area facilities of the Lubbock Municipal Airport, and
no drilling rig shall be erected in any manner that would constitute a hazard to aircraft
nor result in higher landing area minimum approach altitudes or visibilities.
5. Any proposed drilling pattern shall require the prior written approval of the Lubbock
Municipal Airport Board and the Federal Aviation Administration, and all operations here-
under shall be conducted in accordance with and under the minimum standards established by
Chapter 19-A of the Code of Ordinances of the City of Lubbock.
6. Any sub -surface pits constructed for operations hereunder shall be lined so as to prev
contamination of the surrounding sail.
7. Lessor agrees that it will use its best efforts to secure Federal Aviation Administra-
tion approval for a minimum of two (2) drill sites on the lands covered hereby if develop-
ment is.proposed.
All proposals shall state clearly the bonus payment for the grant of the oil and gas mineral
lease, the delay rental and the royalty offer.
Bidders are required to submit a cashiers or certified check or.bid bond in the amount of 5% of
the total bid. r „
CITY 0
I By: " • F I
6?te W, D. RODE"RS, 3R. ,
ATTEST:
LAV NIA LOWE, City Secretary
67-26-432-1079 The City Council considered revision of the traffic. to the Red Raider Theater from the intersec- Ii
(11) tion at Erskine Street and North University Avenue. Motion was made by Councilman Kastman,
seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Ka.stman,ii
Diekemper, and Mad -lock voting Yea, none voting Nay, to authorize revision of this traffic plan
as set out on the attached sheet. (See Traffic Plan Sheet on Page 432A). i
67-26-432-1080
(12) ,
67-26-432-1081
(13))
Motion 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
purchase of paving certificate from J. 0. Blackburn for the south 14 feet of Lot 2, Blackburn
Subdivision of Block 11, Alta Vista Acres Addition. This paving being on the 1967 Paving Program
on Uvalde Avenue between 39th Street and 40th Street.
Motion by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and
Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting May, that Ordinance.
No. 5372 be passed as an emergency measure. +
AN APPROPRIATION ORDINANCE ORDINANCE NO..5372 .-:.
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds out of bond funds for an approved project, and this ordinance deals with
the daily operation of City departments in the public interest which creates an emergency;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: Water
Capital Project Fund
The sum $650.00
For the following purpose: cower well supply line in the vicinity of Ursuline Ave. and U. S.
84 (Clovis Hwy.) ahead of highway widening project.
67-26-432-1082
Motion by Councilman Granberry, seconded by -Councilman Medlock, motion carried, Mayor Rogers and
•(14)
Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting May, to authorize
final payment in the amount of $1,661 to W. D. Turner Construction Company for excavating two
trenches at the dump ground. The estimated cost was in the amount of $25,500; the final cost
being in the amount of $16,610.02. (See Certificate of Completion and Contractor's Affidavit on
Page 432B)
67"26-432-1083
The City Council considered .the recommendation of the Parks and Recreation Board for leasing a
(18)
portion of pasture land in Lubbock Lakesite Park in northwest Lubbock. Motion was made by
Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilme
Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the City not lease
the area. That it be recommended to the Parks and Recreation Board that they consider placing o
a limited number of Buffalo and longhorn cattle in this area.
67-26-432-1084
Motion by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and
(18a)
Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize
approximately 53.58 acres of land to be used as an archery course in Lubbock Lakesite Park.
Archery Range being more particularly described as follows:
DESCRIPTION OF PROPERTY TO BE DESIGNATED AS FIELD ARCHERY COURSE
Property is located on a City Park presently known as Lubbock Lake Site. It is more particular
described as:
Ll
11
C
Beginning at the Southeast corner of Section 13, Block A, Lubbock County, Texas;
Thence West, 1945 ft..;
DEC 21 1;
Thence East, 1945 ft.:
Thence South, 1200 ft. to the place of beginning.
This tract comprises approximately 53.58 acres of land, located at the Southeast corner of Sectioc
13, and north of the intersection of Loop 289 and U. S. Highways 84.
67-26-433-1085 The City Council considered the namin of Lubbock Lakesite Park and motion was made by Councilman
(19) Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry,
Kastman, Diekemper, and Medlock, voting Yea, none voting Nay, to authorize the naming of this
park to be deferred until January 11, 1968.
67-26-433-1086 The City Council considered the following recommendations of the Parks and Recreation Board
(20) regarding expenditure of balance of park bond fund:
PROPOSED PROJECTS FROM PRESENT BOND FUNDS REVISED 12-14-67
BUILDINGS
0. W. Ribble Shelter ...........................................$ 12,000
Will Sedberry Shelter .......................................... 12,000
J. A. Chatman Shelter .......................................... 12,000
$ 36,000
WATER SYSTEMS
i Mae Simmons ................ .............................. ....$ 15,000
Bowie.......................................................... 20,000
4th& Zenith ................................................... 10,000
$ 45,000
BOTANICAL SUPPLIES
Maxey Park::............................................6......$ 3,000
Bowie ............................................... ............ 3,000
Mae Simmons Park ............................................... 2,000
$ 10,000
MISCELLANEOUS
Park Planner .................. ................................. $ 6,400
Kesel Fuel .................................................... 2,000
_8,400
Proposed Expenditures $ 99,400
RESERVE 36,866
Unappropriated Funds $ 136,266
Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and
Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to approve
expenditure of park bond funds as recommended by the Parks and Recreation Board. The City to
immediately procede with building three shelters, purchase and planting of botanical supplies
in Maxey Park and purchase of diesel fuel at an approximate cost of $2,000 to be used in the
immediate future. The diesel fuel to be used in connection with the development of parks by
National Guard equipment.
67-26-433v1087 Motion by Councilman Medlock, seconded by Councilman Granberry, motion carried, Mayor Rogers and
(21) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize
loan in the amount of $3,500 to Southeast Lubbock Development Corporation to cover operating
deficits at Green Fair Manor for the month of December, 1967.
67-26-433-1088 The City Council considered the claim of Mrs. Chester Sullivan in the amount of $35.00 for proper-
(23) damage to a concrete block fence located at 2626 27th Street. This fence being damaged by a
dempster garbage unit. After consideration of all information presented,. motion was made by
Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen
Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize payment to
Mrs. Sullivan in the amount of $35.00 for property damage.
67-26-433-1089 The City Council considered the claim of Mrs. J. M. Wagner of 2503 56th Street in the amount of
(24) $15.00 being for plumbing bill at this location. Mrs. Wagner saying the City's sewer line had
stopped up. After consideration of all information presented, 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, that this claim for property damage
be disallowed.
l34
SEC 2 3 1967
67-26-434-1090 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(25) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize
publication of the following Notice of Sale of Bonds for 1967-1968. Sale to be held March 28,
1968 at 10:00 o'clock a.m., CST. Notice of Sale to be published in the Lubbock Avalanche Journal
on the following days: February,25, March-2, March 10, March 17 and March 24, 1968.
PRELIMINARY BOND SALE
PROPOSED FOR 1967-68 CAPITAL
IMPROVEMENTS
Improvement
Series
Proposed Bond Sale
Waterworks
1963
$ 788,000
Waterworks
1967
-0-
Sanitary Sewers
1967
-0-
Street Improvements
1963
283,000
Street Improvements
1967
996,000
Traffic Signals *
1963
65,000
Traffic Signals *
1967
83,000
Street Lighting
1959
50,000
Street Lighting *
1963
50,000
Street Lighting *
.1967
-O-
Sanitation
1967
1,370,000
Storm Sewer and Drainage
.1963-
-0-
Storm Sewer and Drainage -Health
1967
15,000
Fire Station
..1959
140,000
Fire Station
1967
-0-
$ 3.840.000
* Bonds for traffic signals and
street lighting approved in
1963 and in 1967 bond elections
were under the heading of Street Improvements.
67-26-434-1091 The City Council considered the
¢elicy of "burning " within the City Limits and related legisla-
(27) tion. It was unanimously agreed
by the City Council that an
ordinance be presented to the City
Council January 11, 1967, to prohibit this nuisance.
67-26-434-1092
(28)
67-26-434-1093
(29)
67-26-434-1094
(30)
Bids as follows were received for purchase of a paper cutter for the Print Shop, being Bid No. 1:
Bid Tabulation set in Bid Book.
After consideration'of all bids received, motion bias 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 acceptaace'of the bid of A. E. Heinsohn
Printing Machine Company - Albuquerque, New Mexico for a paper cutter for the Print Shop.
Bids as follows were received for two tractors, one for Street and Water Department and one for
Golf Department, being Bid No. 74.
Bid Tabulation set in Bid Book.
After consideration of all bids -received, motion was made by Councilman Granberry, seconded by 'I
Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper,
and Medlock voting Yea, home voting Nay, to authorize acceptance of the bid of E. K. Hufstedler
Company for purchase of two tractors for the Street and Water Department and the Golf Department.il
Bids as follows were received for purchase of miscellaneous electric items, being Bid No. 84.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Diekemper, seconded by
Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper,
and Medlock voting Yea, none voting Nay, to authorize acceptance of the bids as follows:
Accept the bid of Fields and Company for purchase of items2, 5, and 7.
Accept the bid of Westinghouse Electric Company for purchase of items 3 and 8.
Accept the bid of Southwestern Electric Supply Company for purchase of item 4.
Accept'the bid of General Electric Supply Company for purchase of item 6.
67-26-434-1095 The City Council considered making a charge for funeral escort service within the City of Lubbocl
(31) and taking bids for private funeral service to be furnished by individuals or company. After
discussion, 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, that the present .policy of the City of Lubbock for furnishing escort service without
a charge be continued.
67-26-434-1096' Mr. Leroy Elmore appeared before the City Council and presented the following instrument to the
(32) City Council wherein Mr. and Mrs. Elmore are deeding approximately 20 acres of land for park
purposes located in the vicinity of Quaker and Peoria Avenues and Loop 289. 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 this gift of land.
THE STATE OF TEXAS X
COUNTY OF LUBBOCK X GIFT DEED
KNOW ALL MEN BY THESE PRESENTS:
THAT we, LEROY ELMORE and wife, DORTHA ELMORE, of Lubbock County, Texas, for and in conside
retfnn of 41Un nne.nnentn ones-^"Ai!-i 4-- inn .►.a..C--^A i•... #-U- OTTV ^V TTTnvnrV s- ...........T ...•. ....
DEC 21 1;
win
8011.
G"
with the terms and provisions of this Deed, as evidenced by the acceptance of said Deed and placin
same of record in the Deed Records of Lubbock County, Texas, the undersigned, Leroy Elmore and
wife, DORTHA ELMDRE, have GIVEN, GRANTED and CONVEYED, and by these presents do GIVE, GRANT and
CONVEY unto the CITY OF LUBBOCK, a Some Rule Minicipal Corporation, in Lubbock County, Texas, for
the use and benefit of the public for the purpose of developing and operating a public park, and
with the restrictions and upon the covenants and conditions set forth below, all of the following
described property situated in -Lubbock Bounty, Texas,.to-wit:
All that certain 19.949 acre tract of land located in Section Eleven (11), Block E-2, Lubbock
County, Texas, being more particularly described by metes and bounds as follows, to -wit:
BEGINNING at a point which is the Northwest Corner -of Section 11, Block E-2, Lubbock County,
Texas;
THENCE South 890 57' 12" East, with the North line of said Section 11, a distance of 566.0
feet to a point in the centerline of Peoria Avenue;
THENCE South 00 02' 48" West, with the centerline of proposed Peoria Avenue, a distance of
470.0 feet to the PC of a curve to the left;
THENCE Southerly, with the centerline of proposed Peoria Avenue, and along a curve to tDe
left, said curve having a radius of 212.34 feet, tangents of 50 feet, delta angle of 26 30',
and a chord of 97.34 feet, an arc distance of 98.21 feet;
THENCE South 260 27' 12" East, with the centerline of proposed Peoria Avenue, a distance of
515.0 feet to the PC of a curve to the right;
I
THENCE Southerly, with the centerline of proposed Peoria Avenue, and along a curve to the
right, said curve having a radius of 212.34 feet, tangents of 50.0 feet, delta angle of
26 30'. and a chord of 97.34 feet, an arc distance of 98.21 feet;
THENCE South 00 02' 48" West, with.the centerline of proposed Peoria Avenue, a distance of
280.0 feet;
THENCE South 080 06' 40" West, with the centerline of proposed Peoria Avenue, a distance of
85.12 feet to a point in the Northerly right of way line of Loop No. 289;
THENCE North 670 30' 40" West, along the Northerly right of way line of Loop No. 289, a
distance of 686.1 feet to the PC of a curve to the right;
THENCE Northwesterly, along a curve to the rights said curve having a radius of 215.0 feet,
tangents of 143.75 feet, and a delta angle of 67 32', a chord distance of 239.00 feet;
THENCE North 000 03' West, a distance of 160.9 feet;
THENCE South 890 57' West, a distance of 60.0 feet to a point in the West line of Section 11,
Block E-2, Lubbock County, Texas;
THENCE North 000 01' West, along the West line of said Section 11, a distance of 863.32 feet
to the PLACE OF BEGINNING, the above described tract of land containing 19.949 acres of
land, more or less.
TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights
and appurtenances thereto in anywise belonging unto the said CITY OF LUBBOCK, its successors and
assigns forever, subject to the reservations, covenants and conditions set forth below; and we do
hereby. bind ourselves., our heirs, executors and administrators, to Warrant and Forever Defend,
all and singular the said premises unto the said CITY OF LUBBOCK, its successors and assigns,
against every person whomsoever lawfully claiming, or to claim the same, or any part thereof,
subject only to the reservations, covenants and conditions set forth below.
It is expressly agreed and understood by and between the Grantors and Grantee herein that
the above described tract of land is conveyed by the Grantors and accepted by the Grantee subject
to the following reservations, covenants and conditions, to -wit:
1. The above described tract of land is conveyed to the City of Lubbock for the use by the
public for the development and operation of a public park forever.
2. The City of Lubbock by the acceptance of this Deed agrees to develop the above described
tract of land as a park and the City of Lubbock agrees to start development of the park when
money becomes available.
3. The City of Lubbock agrees to use the property only as a park and to name the pack
"Leroy Elmore Park".
4. The City of Lubbock agrees to place a standard park sign at the corner of Loop 289 and
Peoria Avenue and at the corner of Quaker Avenue and Peoria Avenue, which signs shall be installer
within sixty (60) days from the execution and delivery of this Deed and shall thereafter be main-
tained perpetually by the City of Lubbock.
5. The City of Lubbock agrees to impress the name, Leroy Elmore Park, on all property now
owned or hereafter acquired by the City of Lubbock through purchase or donation in the area East
of Salem Avenue, South of 62nd Street, West of Peoria Avenue, and North of Loop No. 289; provided
however, this restriction shall not be applicable to any land acquired by the City of Lubbock
within the above area whereby the City is required to use a name other than Leroy Elmore Park.
6. The City of Lubbock agrees that no ball diamonds will be constructed on said property
and that no high intensity of flood lights will be constructed, installed or operated on said
property, except that ball diamonds and/or high intensity or flood lights may be constructed not
closer than 100 feet from the West curb line of Peoria Avenue, provided the lights are hooded
-36
EC 211967
7. The City of Lubbock agrees that it will dedicate its one-half (1/2) of all streets
surrounding the park and agrees to pay its share of the street lights, street signs, curb and
gutter, paving and other costs in connection with these streets, and that all such costs shall
be paid immediately after the owner of the property adjoining each respective street requests
the City of Lubbock to take such action.
8. In the event the City of Lubbock shall cease to use the above described land as a park,
or in the event the name of said park should be changed from Leroy Elmore Park, then and there-
upon at the expiration of thirty (30) days from the date notice is received by the City of
- Lubbock that Grantors intend to'assert their right of reversion as a result of said use change
or name change, this conveyance shall be null and void, and the above described land shall revert
absolutely without any necessity -for suit or re-entry, to the Grantors herein, Leroy Elmore and
Dortha Elmore, their heirs and assigns, and no act or omission on the part of Leroy Elmore and
his wife, Dortha Elmore, their heirs or assigns, shall be a waiver of the operation or enforce-
ment of such covenants and conditions.
9. All of the provisions, covenants and conditions set forth in this Gift Deed may be
enforced by -the undersigned Grantors, Leroy Elmore and wife, Dortha Elmore, or any person pur-
chasing property from the said Leroy Elmore and/or Dortha Elmore, located outside of the above
described park site, but within the boundaries of the West One-half (W/2) of Section 11, Block
E-2, Lubbock County, Texas., located North of Loop No. 289, and the heirs, legal representatives,
successors and assigns of said parties.
EXECUTED at Lubbock, Texas, this the 19th day of December, A. D., 1967.
si. Lero . Amore
Leroy Elmore
lsl Dortha Elmore
Dortha Elmore
67-26-436-1097 Motiod by Councilman YAstman, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(22) Councilmen Granberry, 1Castman, Diekemper, and Medlock voting Yea, none -voting Nay, to authorize
advertisement of bids for sale of house on park site at the southeast corner of East 4th Street
and Zenith Avenue.
NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR
MEETING, DECEMBER 21, 1967.
ATTEST
LAV IA LOWE, Citf Secretary -Treasurer
READ AND APPROVED THIS THE 11TH DAY OF JANUARY, 191
t
ATTEST:
LAftNIALOWE, City Secretary -Treasurer
L
1
1