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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/22/1968FFA 2 2 1968 February 22, 1968 REGULAR CITY COUNCIL 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 68-27-58-138 Invocation was given by Mayor Pro Tem James H. Granberry. (1) 68-27-58-139 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Rogers and (2) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize approval of City Council Minutes - Regular Meeting held January 24, 1968; Regular Meeting held January 25, 1968; Regular Meeting held February 1, 1968. 68-27-58-140 Mr. James G. Marshall appeared before the City Council and requested that Wolfforth Road not be (6) closed from Indiana Avenueto the Traffic Circle. Mr. Marshall stated that 66th Street right-of- way should be acquired from Elgin Avenue to Indiana Avenue and this street should be widened. Mr. Marshall being opposed/ Volfforth Road be/sed between Avenue P and Avenue U. These requests were taken under advisement. 68-27-58-141 (7) I 68-27-58-142 (8) 68-27-58-143 (9) Motion by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5402 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5402 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 $12,000.00 For the following purpose: Acquisition of Parcel No. 30, Indiana Avenue from Mrs. C. M. McLendon. Address is 3401 29th Street. Legal description is Lot 1 and the East 1/2 of Lot 2, Block 4, Woodlawn Addition. GWO 10519 Motion by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting May, that Ordinance No. 5403 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5403 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Fire Station Bond Funds The sum $3,500.00 For the following purpose: Construct "Burning House" for Firemen's training program. 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. 5413 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5413 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Storm Sewer Bond Fund FEB 22 1961 The sum $15,000.00 For the following purpose: 1. $10,000.00 for part of the engineering of Storm Water Drainage improvements to Central Lubbock. 2. $5,000.00 for engineering of Storm Water Drainage Improvements under railroad tracks at Quaker Avenue and Brownfield Road, 3rd Street and Avenue 0, and 23rd Street and Avenue G. 68-27-59-144 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (10) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize acceptance and final payment to W. D. Turner Construction Company in the amount of $2,554.80 for the 1967 Street Maintenance Program. Total contract being in the amount of $121,304.18. Honorable Mayor and City Council February 22, 1968 City of Lubbock Lubbock, Texas Gentlemen: I submit herewith the closing documents for the 1967 Maintenance Program. Final inspection has been made of the abovementioned maintenance program and said improve- ments have been constructed in accordance with plan, specifications and-contract documents. 4 I therefore recommend acceptance of the improvements. Yours very truly, /s/ Samuel W. Wahl Samuel W. Wahl City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS X COUNTY OF-LUBBOCK Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared W. D. Turner, who being by me duly sworn, upon oath says: I, W. D. Turner, do represent to the City of Lubbock and.solemnly swear that I executed a contract with the.City of Lubbock, said contract being dated April 27, 1967, for 1967 Maintenance Program, -and that the work and contract has been completed according to the plans and specifica- tions pertaining to the project and that all labor, material, supplies and other cost including equipment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State and Municipal laws were substantially complied with -by me in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this 14th day of February, 1968. W. D. TURNER CONSTRUCTION COMPANY Attest:_/s/ Sam Hogan _ /s/ W. D. Turner Subscribed and sworn to before me this the 14th day of February, 1968. /sl Joseph Morahan Notary Public in and for Lubbock County, Texas. 68-27-59-145 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (11) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5414 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5414 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 $5,824.64 For the following purpose: Construct water distributionlines ahead of paving at the following locations: from Avenue V to Avenue W between 18th Street & 19th Street $3,311.22 from Avenue Q to Avenue S between 29th Street and 30th Street 2,513.42' .�_�_, rc 0Isi. ci EB 2 2 1969 68-27-60-146 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (12) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5415 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5415 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: Sanitary Sewer Bond Fund The sum $275.63 For the following purpose: Construct sanitary sewer line in the alley between 29th Street & 30th Street and Avenue Q and Avenue S ahead of paving. 68-27-60-147 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (13) Councilmen Granberry, Kastman; Diekemper, and Medlock-voting Yea, none voting Nay, to authorize Change Order No. 1 in the amount of $240 to W.W.O. 11414-for addition to Pump Station No. 3. Change Order No. 1 Additions to Pump Station #3 W.W.O. 11414 Contract dated January 26, 1967 To: Knox, Gailey, and Meador Original amount of contract $ 61,919.00 Net amount of this change order 240.00 Additional time due to this change order None New amount of contract $ 62,159.00 WHEREAS, it is .desirable to make changes in the plans and specifications for this project: THIS AGREEMENT WITNESSETH: In consideration of the mutual advantage gained, the Owner and the%Contractor agree to the change shown herein and in the attached exhibits and data, and the Owner agrees to pay the Contractor the amount of the increase, if any, in cash, and in event of a decrease, the parties agree that the original contract between the Owner and the Contractor shall be modified to the extent herein indicated. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 22nd day of February, 1968. Knox, Gailey and Meador By /s/ Dan Meador Attest: Recommended for Approval: /s/ Samuel W. Wahl City Engineer 68-27-60-148 Motion by Councilman Kastman, seconded by Councilman Diekemper, motiom.carried, Mayor Rogers and (14) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5416 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5416 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 $240.00 For the following purpose: Cost of Change Order #1 to W.W.O. 11414, Additions to Pump Station #3, 3rd Street at Akron Avenue. 68-27-60-149 'Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (15) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5417 be passed on first reading. r 6 AN APPROPRIATION ORDINANCE ORDINANCE NO. 5417 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; 59B FEB 2 2 1968 68-27-61-151 (16a) Change Order No. 1 Engineering Services on Waste Water Reclamation Plant Agreement dated December 14, 1967 To: Parkhill, Smith and Cooper, Inc. WHEREAS, it is desirable to make changes in the agreement for these services: THIS AGREEMENT WITNESSETH: In consideration of the mutual advantage gained, the Owner and the Engineer agree to the changes shown herein and the parties agree that the original agreement between the Owner and the Engineer shall be modified to the extent herein indicated. Paragraph A, Section I, shall read: A waste water treatment plant with a capacity of (12) twelve million gallons per day, to be constructed adjacent to the existing Southeast Waste Water Recla- mation Plant Paragraph A 2 a Section II shall read: - A review of previous studies and estimates of future treatment requirements and a determination of the plant capacity and effluent quality to meet the requirements of the Texas Water Quality Board. IN WITNESS WHEREOF, the Owner and the Engineer have hereto set their hands this 22nd day of February, 1968, PARKHILL, NlITH CO ER, INC. By H. Bennett Reaves, Sec'y.-Teeas. Attest: City Secretary Recommended for App oval: City Engineer t FEB 2 2 196 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 $10,000.00 For the following purpose: Engineering cost for preliminary work on a secondary water system 68-27-61-150 Motion by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers an (16) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION WHEREAS, the City of Lubbock has heretofore submitted a Permit to the Texas Water Pollution Control Board, for various pollution control projects. WHEREAS, the City Council has determined a need to amend such application, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT, the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an amendment to the Permit to the Texas Water Pollution Control Board for an addition to the propose Passed by the City Council this 22nd day of February, W. D. ROGERS, -JR.,., ATTEST: LAVENIX LOWE, City Secreta y-Treasurer APPROVED: FRED 0. SENTER, JR., City Attorney 68-27-61-151 Motion by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers (16a) and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authori Change Order No. 1 to Parkhill, Smith, and - Cooper for engineering services on waste dater recla- mation plant. The agreement is dated December 14, 1967. 68-27-61-152 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (19) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a QUIT CLAIM DEED to Moncure C. Mackensie, 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..cQpied herein in detail Passed by the Council this 22nd day of February, 1968. W. D., ATTEST IAVENIA LOWE, City Secretary -Treasurer APPROVED: /s/ Fred 0. Senter, Jr. _ FRED 0. SENTER, JR., City Attorney r t QUIT CLAIM DEED �I THE STATE OF TEXAS KNOW ALL MEN BY.THESE PRESENTS: COUNTY OF LUBBOCK rMl THAT the City of Lubbock, a Home Rule Municipality of the County of Lubbock, the State of Texas, for and in consideration of the sum of ONE AND NOIIOO ($1.00) DOLLARS, and other good and valuable consideration to it in hand paid by MONCURE C. MACKENZIE, the receipt of which is here- by acknowledged, does by these presents BARGAIN, SELL, RELEASE and forever QUIT CLAIM unto the said MONCURE C. MACKENZIE, aster separate property and estate, her successors and assigns, all its rights, title and interest to those certain tracts or parcels of land lying in the County of Lubbock, in the State of Texas, described as follows, to -wit: BEGINNING at the Southwest corner of Lot 2, Block 25, F. R. Friends Addition to the City of Lubbock;- Lubbock County, Texas; THENCE West 9.7 feet to a point; THENCE North 79.1 feet to a point in the Southeast right-of-way line of the Atcheson, _2 EB 2 2 1368 68-27-62-153 (20) 68-27-62-154 (22) THENCE North 530 54' East 12.0 feet to the Northwest corner of said Lot 2, Block 25; THENCE South 86.2 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD, the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said Moncure C. Mackenzie as her separate property and estate, her successors and assigns forever, so that the said City of Lubbock, not its successors and assigns, nor any person or persons claiming under it shall, at any time hereafter have, claim or demand any right of title to the aforesaid premises or appurtenances, or any part thereof. WITNESS MY HAND this 22nd day of February, 1968. ATTEST: i LAVENiA LOWE, City ecreta y-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5424 be passed - on first reading. ORDINANCE NO. 5424 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AUBURN STREET, THE ALLEY IN BLOCK 63, KISE SUBDIVISION, AND THE ALLEY IN BLOCK 62, NORWOOD SUBDIVISION AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE: AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THE PORTIONS OF SAID STREET AND ALLEYS AS AFORESAID. 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. 5420 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5420 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: Electric Bond Fund The sun $3,595.00 For the following purpose: To pay for specifications for turn -key contract on Holly Avenue ,#2. (To be taken from Electric Bond Funds) 68-27-62-155 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (23) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize publication of Notice to Bidders for purchase of sub -station transformer and related equipment at an estimated cost of $50,000 from Electric Bond Fund. 68-27-62-156 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (27) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to ratify and confirm the joint resolution amending the by-laws of the Lubbock City -County Welfare Board, said by-laws having been approved by the County Commissioners Court February 12, 1968. The Mayor being hereby authorized to execute said joint resolution. JOINT RESOLUTION BE IT RESOLVED by the City Council of the City of Lubbock and the Commissioners' Court of Lubbock County Acting Jointly: That the By-laws of the Lubbock City -County Welfare Board are hereby amended so that they shall hereafter read as follows: LUBBOCK CITY -COUNTY WELFARE BOARD BY-LAWS ARTICLE I Organization The official name of this Board shall be the Lubbock City -County Welfare Board. Its legal basis for being is vested in authority delegated in joint resolutions adopted in June, 1954, by the City Commission of the City of Lubbock and the County Commissioners' Court of Lubbock County, Texas. 66' FEB 2 2 19 11 W% I ARTICLE II Membership Section 1. The membership and composition of the Board shall be determined by joint resolution of the City Council and the Commissioners' Court. ARTICLE III Officers Section 1. The Board shall elect a chairman, a vice chairman and a secretary at the annual meet- ing in January of each year. Section 2. The Chairman shall be the presiding officer of the Board and shall perform additional duties pertaining to his office delegated by the Board. Section 3. The Vice -Chairman, or in his absence the Secretary, shall in the case of absence or dRatflity of the chairman perform the duties of the chairman and he shall perform A1 ona ies pertaining to his office as delegated by the Board. Section 4. The Secretary -shall be the recording officer of the Board and shall perform additional duties pertaining to his office as'delegated by the Board. ARTICLE IV Meetin&s Section 1. The regular meetings of the Lubbock City -County Welfare Board shall be held at least once a month at such time and place as may be designated by the Board. Section 2. Special meetings may be tailed at any time and place by the Chairman. ARTICLE V Parliamentary Authority The rules contained in "Roberts Rules of Order, Revised", shall govern the conduct of the Board in procedure to which they are applicable, and in which they are not inconsistent with these by- laws. ARTICLE VI uorum A majority of the membership shall constitute a quorumfor the transaction of all business, except in instances inconsistent with the joint resolutions establishing the Board. ARTICLE VII Fiscal Year The fiscal year of the Lubbock City -County Welfare Department shall begin January 1st and termi- nate December 31st.. ARTICLE VIII Duties and Powers of Board Section 1. The Lubbock City -County Welfare Board shall be an advisory board to the City Council of the City of Lubbock and Commissioners' Court of Lubbock County, Texas, and shall consider problems concerning the needs of indigents in Lubbock and Lubbock County and make recommendations to the said City Council and Commissioners' Court for meeting the needs of -such indigents through the functioning of the Lubbock City -County Welfare Department. Section 2. Pertinent facts regarding findings shall be reported and recommendations shall be offered in writing to the City Council and to the Commissioners' Court. Section 3. Minutes of all meetings of the Board shall be recorded and submitted to the City Council and Commissioners' Court. Section 4. The By -Laws of the Lubbock City -County Welfare Board.may be amended by joint resolu- tion of the City Council and Commissioners' Court.. AND IT IS SO ORDERED. C Passed by the City Council this 22nd day of February, 1968. W. D. ROGERS, JR., ATTEST: i LAVENIA LOWE, City ecreta -Treasurer APPROVED: is/ Fred 0. Senter. Jr. _ _• _ _ „ FRED 0. SENTER, JR., City Attorney 0 9 EB 2 2 1968 Passed by the Commissioners' Court this 12th day of February, 1968. ATTEST: /s/_ Mrs. Floe_ Swenson_ by_MarY_Helen_Ya Ity�_Dep_uty Mrs. Floe Swenson, County Clerk /s/ Fred E. West Fred West, County Attorney /sf Rodrick L. Shaw Rodrick L. Shaw, County Judge 68-27-64-157 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (26) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock, and the City Manager of the City of Lubbock be and are hereby authorized and directed to execute for and on behalf of the City of Lubbock an Oil, and Mineral Lease in favor of Joe G. Sauer, 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 '-`-�' Passed by the City Council this 22nd day of February, ATTEST: LAVEN L , City ecret y-Treasurer FORM APPROVED: / s / Fred 0. Sente,rr, Jr. FRED 0. SENTER, JR., City Attorney STATE OF TEXAS COUNTY OF LUBBOCK S: S: KNOW ALL MEN BY THESE PRESENTS: Oil and Gas Mineral Lease Gas This agreement made this 22nd day of February, 1968 by and between the City of Lubbock, Texas, acting by and through W. D. Rogers, Jr., its Mayor, W. R. Blackwell, its City Manager, and Lavenia Lowe, its City Secretary under the authority of the City Council of the City of Lubbock, Texas; and acting by and through Dr. Clifford Breaud, Clem Boverie, and Edward L. Colby, Chairman, Secretary, and Director of Aviation respectively of the Lubbock Municipal Airport Board, Lessor and Joe G. Sauer, Post Office Box 1792 Midland, Texas, Lessee: 1. Lessor, in consideration of Five Thousand Four Hundred Seventy-five & 38/100 ($5,475.38) in hand paid, receipt of which is here acknowledged, and of the royalties herein provided and of the agreements of the Lessee herein contained, hereby grants, leases and lets exclusively unto Lessee for the purpose of investigating, exploring, prospecting, drilling and operating for and producing oil, gas and other minerals, injecting gas, waters, other fluids, and air into sub- surface strata, laying pipelines, storing oil, building tanks, power stations, telephone lines, and other structures and things thereon to produce, save, take care of, treat, process, store and transport said minerals and other products manufactured therefrom, the following described land in Lubbock County, Texas, to -wit: FIRST TRACT: All of the S/2 of SW/4 of Section.32, Block A, containing 80 acres, more or less. SECOND TRACT: A tract of 260 acres, more or less, out of Section 32, Block A, Described by metes and bounds as follows: BEGINNING at the Southeast corner of said Section 32, Block A; THENCE North 3300 feet along the East.line of said Section 32,. Block A; THENCE West 3960 feet; THENCE South 1980 feet; THENCE East 1320 feet; THENCE South 1320 feet to South line of said Section 32, Block A; THENCE East 2640 feet along South line of said Section 32, Block A, to the place of BEGINNING. . THIRD TRACT: That certain 13..25 acre tract of land -awarded to the City of Lubbock in Cause No. 644, County Court of Law of Lubbock County, Texas, City of Lubbock vs C. E. Hobgood et al, recorded in Vol. 673, Pages 495-504, DR of Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at the Northwest corner of the NE/4 of Section 32, Block A, Lubbock County, Texas; Thence East 121.4 feet to a point; Thence South parallel to and 121.4 feet East of the West line of said NE/4 of Section 32, Block A, a distance of 1980 feet to a point for the PLACE OF BEGINNING of this tract; THENCE West a distance of 1005 feet to a point for the Southwest corner of this tract; Ll THENCE North parallel to and 883.6 feet West of the West line of NE/4 of said Section 32, T, FEB 2 2 1968 ' THENCE -mast a distance of 1255 feet parallel to the North line of said Section 32, Block A, to a point for the Northeast corner of this tract; - -THENCE South parallel to the West line of the NE/4 of said Section 32, Block A, a distance of 460 feet to a point for the Southeast corner of this tract; THENCE West a distance of 250 feet to the PLACE OF BEGINNING. Pow For the purpose of calculating the rental payments hereinafter provided for, said land is estimate to comprise 353.25 acres, whether it actually comprises more or less. It is mutually understood and agreed between Lessor and Lessee that the rights set out under numbered paragraph 1 hereof specifically -excludes the right to explore for or develop uranium, thorium or any other fission- able material. It is further agreed before constructing or laying any pipelines, building tanks, power stations, telephone line and/or other structures on the property leased hereby the routes of such pipelines.will require the prior written approval of the Airport Board. It is further agreed that no structure whether above ground or below ground shall be constructed in such a manner as will create adverse electrical or electronic effect upon the navigational aids nor upon communications between aircraft, in the air or on the ground, and traffic control. No structure shall be permitted which adversely effects the operation of radar, radio communication, Instrument 5- Landing System or any other aircraft communications or navigational aid. 2. Subject to the other provisions herein contained, this lease shall remain in force for a term of five (5) years from -this date (called "primary term"), an& as long thereafter as oil, gas, or other mineral is produced from said land or land with which said land is pooled. 3. The royalties to be paid by Lessee are: (a) on oil, and on other liquid hydrocarbons saved at the well, one -eight of that produced and saved from said land, same to be delivered at the wells, or to the credit of Lessor in the pipe line to which the wells may be connected; Lessor's interest in either case shall bear -its proportion of any expenses for treating oil to make it marketable as crude; (b) on gas, including casinghead gas and all gaseous substances, produced from said land and sold or used off the premises or in the manufacture of gasoline or other product therefrom, the market value at the mouth of the well of one -eighth of the gas so sold or used, provided that on gas sold at the wells the royalty shall be one -eighth of the amount realized from such sale; (c) on all other minerals mined and marketed, one -eighth, either in kind or value at the well or mine, at Lessee's election, except that on sulphur the royalty shall be One Dollar ($1.00) per long ton; and (d) at any time, either before or after the expira- tion of the primary term of this lease, if there is a gas well or wells on the above land (and for the purposes of this clause (d) the term "gas well" shall include wells capable of producing natural gas, condensate, distillate or any gaseous substance and wells classified as gas wells by any governmental authority) and such well or wells are shut in before or after production there- from, lessee or any assignee hereunder may pay or tender an advance annual royalty equal to the amount of delay rentals provided for in this lease for the acreage then held under this lease by the party making such payment or tender, and if such payment or tender is made, it shall be considered under all provisions of this lease that gas is being produced from the leased premises in paying quantities for one (1) year from the date such payment or tender is made, and in like manner subsequent advance annual royalty payments may be made or tendered and it will be considere under all provisions of this lease that gas is being produced from the leased premises in paying quantities during any annual period for which such royalty is paid or tendered; such advance royalty may be .paid or tendered in the same manner as provided herein for the payment or tender of delay rentals; royalty accruing to the Downers thereof on any production from the leased pre- mises during any annual period for which advance royalty is paid may be credited against such advance payment; and when there is a shut-in gas well or wells on the leased premises if this lease is not continued in force under some other provision thereof, it shall nevertheless continue in force for a period of ninety (90) days from the last date on which a gas well located on the leased premises is shut in, or for ninety (90) days following the date to which this lease is con- tinued in force by some other provision thereof, as the case may be, within which ninety -day perio lessee or any assignee hereunder may commence or resume the payment or tender of the advance royal ty as herein provided. Notwithstanding any other provision of numbered paragraph 3 nothing here- in contained shall operate.to extend this lease beyond the five (5) year primary term unless minerals are in fact being produced on slid land or on land pooled therewith. 4. If operations for drilling or mining are not commenced on said land.or on land pooled therewith on or before one (1) year from this date, this lease shall terminate M to both parties, unless on or before one (1) year from this date lessee shall pay or tender to the lessor a rental of Three hundred Fifty -three -and 25/100 Dollars ($353.25) which shall cover the privilege of deferring commencement of such operations for a period of twelve (12) months. In like manner and upon like payments or tenders, annually, the commencement of said operations may be further deferred -for successive periods of the same number of months, each during the primary term. Pay- ment or tender may be made to the lessor to the City of Lubbock Airport Revenue Fund, Municipal Airport, Lubbock, Texas, for credit. The payment or tender of rental may be made by check or draft of lessee, mailed or delivered to lessor, or either lessor if more than one, on or before the rental paying date. 5. Lessee is hereby granted the right to pool or unitize this lease, the land covered by it or -any part thereof with any other land,,lease,-leases, mineral estates or parts thereof for the production of oil, gas, or any other minerals. Units pooled for oil hereunder shall not exceed eighty (80) acres plus a tolerance of ten per cent (10%) thereof, and units pooled for gas hereunder shall not exceed twelve hundred eighty (1280) acres plus•a tolerance of ten per cent (10%) thereof, provided that if any Federal or State law, Executive order, rule or regulation shall prescribe a spacing pattern for the development of the field or allocate a producing allow- able on acreage per well, then any such units may embrace as much additional acreage as may be so prescribed or as may be used in such allocation or allowable. Lessee shall file written unit designations in the county in which the premises are located. Such units may be designated either before or after the completion of wells. Drilling operations and production on any part of the pooled acreage shall be treated as if such drilling operations were upon or such production was from the land described in this lease whether the well or wells be located on the land covered by this lease or not. The entire acreage pooled into a unit shall be treated for all purposes, except the payment of royalties on production from the pooled unit, as if it were included in this lease. In lieu of the royalties herein provided, lessor, shall receive on production from a unit M FEB 2 2 1908 in the unit or his royalty interest therein on an acreage basis bears to the total acreage so pooled in the particular unit involved. 6. If, prior to discovery of oil, gas, or other minerals on said land or land pooled there- with lessee should drill and abandon a dry hole or holes thereon, or if, after discovery of oil, gas, or other minerals, the production thereof should cease from any cause, this lease shall not terminate if lessee commences reworking or additional drilling operations within sixty (60) days thereafter, or (if it be within the primary term) commences or resumes the payment or tender of rentals or commences operations for drilling or reworking on or before the rental paying date next ensuing after the expiration of three (3) months from date of completion and abandonment of said dry hole or holes or the cessation of production. If a dry hole is -completed and abandoned at any time during the last fifteen (15) months of the primary term and.prior to discovery of oil, gas, or other mineral on said land or land pooled therewith, no rental payment or operations are necessary in order to keep the lease in force during the remainder of the primary term. If, at the expiration of the primary term, oil, gas, or other mineral is not being produced on said land or land pooled therewith but lessee is then engaged in operations for drilling, mining, or rework- ing of any well or mine thereon, this lease shall remain in force so long as driliingm mining, or reworking operations are prosecuted (whether on the same or -different wells) with no cessation of more than sixty (60) consecutive days, and if they result in production, so long thereafter as oil, gas, or other mineral is produced from said land or land pooled therewith. In the event a well or wells producing oil or gas in paying quantities should be brought in on adjacent land and within six hundred sixty (660) feet of and draining the leased premises, lessee agrees to drill such offset wells as a reasonable prudent operator would drill under the same or similar circum- stances. 7. Lessee shall have free use of oil and gas from said land, for all operations hereunder, including•repressuring, pressure maintenance, cycling, and the secondary recovery operations, and the .royalty shall be computed after deducting any so used. Lessee shall have free use of non - potable water from said land for the purpose of well development only. Any use of water for re - pressuring, pressure maintenance, cycling, and the secondary recovery operations shall require the prior written approval of the Airport Board and shall be granted by the Board at fair and equitable rates and charges. Lessee shall have the right at any time during or after the expira- tion of this lease to remove all property and fixtures placed by lessee on said land, including the right to draw and remove all casing. 8. The rights of either party hereunder may be assigned in whole or'in part and the provi- sions hereof shall extend to the heirs, executors, administrators, successors, and assigns, but no change or division in ownership of the land, rentals, or royalties, however accomplished, shall operate to enlarge the obligations or diminish the rights of lessee. No such change or division in the ownership of the land, rentals or royalties shall be binding upon lessee for any purpose until such person acquiring any interest has furnished lessee with the instrument or instruments, or certified copies thereof, constituting his chain of title from the original lessor. In the event of an assignment of this lease as to a segregated portion of said land, the rentals payable hereunder shall be apportioned as between the several leasehold owners ratable according to the surface area of each, and default in rental payment by one shall not affect the rights of other leasehold owners hereunder. An assignment of this lease, in whole or in part, shall, to the extent of such assignment, relieve and discharge -lessee of any obligations hereunder, and, if lessee or assignee of part or parts hereof shall fail or make default in the payment of the pro- portionate part of the rentals due from such lessee or assignee or fail to comply with any other provision ,of the lease, such default shall not affect this lease in so far as it covers a part of said lands upon which lessee or any assignee thereof shall make payment of said rentals. No assignment on the part of the lessee shall be valid without the prior written approval of the City' of Lubbock to be evidenced by a letter of consent authorized by the Airport Board. 9. Lessee shall not be liable for delays or defaults in its performance of any agreement or covenant hereunder due to force majeure. The term "force majeure" as employed herein shall mean: any act of God including but not limited to storms, floods, washouts, landslides, and lighting; acts of the public enemy; wars, blockades, insurrections or riots; strikes or lockouts; epidemics or quarantine regulations; laws, acts,•orders or requests of federal, state, municipal or other governments or governmental officers or agents under color of authority; freight embargoes or failures; exhaustion or unavailability or delays in delivery of any product, labor, service, or material. If lessee is required, ordered or directed by any federal „state or municipal law, executive order, -rule, regulation or request enacted or promulgated under color of authority to Cease drilling operations, reworking operations or producing operations on the land covered by this lease or if lessee by force majeure is prevented from conducting .drilling operations, rework- ing operations•or producing operations, then until such time as such law, order, rule, regulation, request or force majeure is terminated and for a period of ninety (90) days after such termination each and every provision of this lease that might operate to terminate it or the estate conveyed by it shall be suspended and inoperative and this lease shall continue in full force. If any period of suspension occurs during the primary term, the time thereof shall be added to such term. 10. Lessor hereby warrants and agrees to defend the title to said land, and agrees that lessee, at its option, may discharge any tax, mortgage, or other lien upon said land, and in the event lessee does so, it shall be subrogated to -such lien with the right to enforce same and apply rentals and royalties accruing hereunder toward satisfying same. Without impairment of lessee's rights under the warranty in the event of failure of title, it is agreed that, if lessor owns an interest in said land less than the entire fee simple estate, then the royalties and rentals to be paid lessor shall be reduced proportionately; should any one or more of the parties named above as lessors fail to execute this lease, it shall nevertheless be binding upon the party or parties executing the same. 11. Lessee; its/his successors and assigns, shall have the right at any time to surrender this lease, in whole or in part, to lessor or his heirs and assigns by delivering or mailing a release thereof to the lessor, or by placing a release thereof of record in the county in which said land is situated; thereupon lessee shall be relieved from all obligations, expressed or implied, of this agreement as to the acreage so surrendered, and thereafter the rentals payable hereunder shall be reduced in the proportion that the acreage covered hereby is reduced by said release or releases. FEB 2 2 191 .4K r"9 with the easement granted the Canadian -River Water District for the purposes recited therein, or any other existing easement. 13. 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 regulation for airports or air traffic. 14. No exploration or development under the terms of this lease shall conflict with continue use and operation of all the landing area facilities of the Lubbock Municipal Airport, and no dril ing 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. 15. Any proposed drilling pattern shall require the prior written approval of the Lubbock Municipal Airport Board and the Federal Aviation Administration, and all operations hereunder 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. 16. Any sub -surface pits constructed for operations hereunder shall be lined so as to pre- vent contamination of the surrounding soil. 17. Subject to the other provisions hereof lessor agrees that it will use its best efforts to secure Federal Aviation Administration approval for a minimum of two (2) drill sites on the lands covered hereby if development is proposed. IN WITNESS WHEREOF, this instrument is executed the day and year first above written in tripli- cate original each of which shall have the force and effect of an origin instrument. If ATTEST • A6�,Ov; A2Z,_0 Lavenia Lowe, City Secret ry Lubbock Municipal Airport Board By: Dr. Clifford Breaud, Chairman Cit By: w By: W. R. Blackwell, City Manager II BY: /s/ Edward L. Colby _ Edward L. Colby, Director of Aviation APPROVED AS TO FORM: /s/ Fred 0. Senter Fred Senter, City Attorney 68-27-67-158 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (28) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a LEASE AGREEMENT attached herewith which shall be spread upon the minutes.of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of February, 1968. ATTEST ' LAVENIA LOWE, City Secretdry-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. _ FRED 0. SENTER, JR., City Attorney LEASE AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X This agreement made this-12th day of January, 1968, by and between the City of Lubbock, a Home Rule Municipal Corporation of Lubbock, Texas, acting by and through its Mayor, hereunto duly authorized, herein called "Lessor", and the Community Action Board in Lubbock County, Inc., a corporation duly authorized and existing under the laws of the State of Texas, acting by and throe: D. M. McElroy its President, hereunto duly authorized, herein called "Lessee". WITNESSETH 1. THAT Lessor does by these presents lease and devise unto Lessee a certain building known 68 3 22 1968 pool area in Mae Simmons Park, said park being situated in Lubbock County, Texas, and said build- ing more particularly described as follows, to -wit: The Southwest corner of said build'ing being located-196' North of the centerline of East ,Twenty -Fourth Street and 248' West of the centerline of Quirt Avenue. The building then extends 63' to -the North and 22' West from this corner, and contains 1386 square feet of floor space, including restroom facilities for both men and women. 2. This lease shall be for a term of one year from the above -date, and Lessee, in consideration of the use of the above described building, agrees to pay Lessor the sum of One and No/100 Dollars, payable in advance. 3. Lessor may terminate and cancel this Lease, with or without cause, at any time after thirty (30) days notice to Lessee. 4. Lessee covenants and agrees that this Lease agreement will not be transferred, assigned, or sub -let, in whole or in part, except upon written consent of the City Council of the City of Lubbock. Lessee further covenants and agrees that no permanent improvements of any kind will be affixed to said building in such a manner that their removal might cause a defacing of the build- ing, and Lessee also agrees that after termination of this lease by cancellation, lapse of time, mutual agreement of the parties hereto, or otherwise, that Lessee shall peacefully yield up possession of the -premises in good condition except for ordinary wear and tear. 5. Lessee further agrees, binds and obligates itself to at all times -defend, indemnify and other- wise save harmless the Lessor, its agents, servants, and employees of and from all claims, demands, causes of action and suits at law or in equity of whatsoever kind or nature which may arise out of or -is connected in any way with the making of this Lease and the operation and use by Lessee of the Premises herein leased. 6. Lessee hereby covenants and agrees to carry public liability and property damage insurance with limits of $50,000.00 for each person and ' $100,000.00 for each accident for personal injuries and $5,000.00 for each accident for property damage, all of said insurance covering the maintenance, operation, and use of the premises herein leased by Lessee, its representatives, agency, servants, and employees. rN%1 A WITNESS OUR HANDS this 22nd day of February, 1968. ATTEST: LAVENIA LOWE, City ecret y-Treasurer Community Action Board in Lubbock County, Inc. D. M.-McELROY, PRESIDENT ATTEST: Secretary 68-27-68-159. Motion by Councilman Medlock, seconded by Councilman Granberry, motion carried, Mayor Rogers and (29) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5425 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5425 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Fire Station r, Bond Fund The sum $4,200.00 For the following purpose: For installation of 25 fire alarm boxes at selected locations. 68-27-68-160 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and (30) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize the appointment of Stiles, Roberts and Messersmith as architect for the new Fire Station No. 10 to be located at 49th Street and Quirt Avenue. 68-27-68-161 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (31) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5421 be passed as an emergency measure. t ORDINANCE NO. 5421 AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "ELECTIONS", BY AMENDING SECTION 10-3 TO PROVIDE FOR DATE OF ELECTION NOTICE; AMENDING SECTION 10-5 PROVIDING FOR PAY OF ELECTION JUDGES AND CLERKS; AMENDING SECTION 10-6 PROVIDING FOR ELECTION PRECINCTS AND VOTING PLACES AND DECLARING AN EMERGENCY. 68-27-69-162 Motion by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers (32) and Councilmen Granberry, Kastman, Die�cemper, and Medlock voting Yea, none voting Nay, that the following Order and Notice of General City Election be passed. ORDER AND NOTICE OF GENERAL CITY ELECTION THE STATE OF TEXAS X COUNTY OF LUBBOCK X CITY OF LUBBOCK X ELECTION ORDER It W. D. Rogers, Jr., Mayor of the City of Lubbock, Texas, by virtue of the authority vested in my by law, and according to Charter provisions and the Texas Election Code, do hereby order that an election be held in.the City of Lubbock, Texas, on the 16th day of April, 1968, being the Third Tuesday of said month, for the purpose of electing the following officers of said City: MAYOR COUNCILMAN NO. 2 COUNCILMAN NO. 4 Said election shall be held at the following places -in -the City of Lubbock, being designated as voting precincts and voting places as follows: s^saaaasasmsnanannasnaasnaaanannnasaasammaaaaaaamaeenaamsaassmaasasasmaaamaamsaasaaaaaamaaaaaaaaaar Voting Precinct No. Voting Place :naaaaaaaaaaaasaaaanaaaaamaasaaaaaaamaanaaaaaaaanaanaannannaanaaaaanaaasaaaasaaaaaaasaannaasaarasr 1. Wolffarth School 2. Sam Arnett School 3. McWhorter School 4. A. C. Jackson School 5. Central Fire Station 6. Alderson School 7. James Bowie School 8. K. Carter School 9. George Rush School 10. Carroll Thompson School 11. Bayless School 12. Haynes School 13. Smiley Wilson School 14. Overton School 15. Roscoe Wilson School 16. Hutchinson School 17. Dupre School 18. 0. L. Slaton School 19. George R. Bean School 20. Ella Iles School 21. Lou Stubbs School 22. C. E. Maedgen School 23. Monterey High School 24. Wheelock -School 25. P. L. Brown School 26. Chris Harwell School 27. Slide Road Precinct Clubhouse 28. E. J. Parsons School 29. W. B. Atkins School 47. Mackenzie School Voting Precincts 1 through 29, inclusive, and Voting Precinct 47, are delineated on the 11 attached map which has been duly adopted by Ordinance No. 5421 of the City Council on February 220 1968, said Map being made a part of this Order and Notice of Election. Said general election shall be held and the polls shall be -opened from 7:00 A. M. to 7:00 P. M., and all electors shall vote in the voting precinct of their residence. The hereinafter named persons are appointed presiding judges and alternate presiding judges respectively, and are hereby designated and authorized to hold said election at the place indicat- ed: . VOTING PRECINCT NO. 1: Presiding Judge: Mrs. Robert B. Davis Altar•nata PraaiAino .Tnrloa• Mrc. .Tnhn WnIffnrd -EB 2 2 1969 VOTING PRECINCT NO. 2: Presiding Juege: A. C. Bowden Alternate Presiding Judge: Mrs. A. C. Bowden VOTING PRECINCT NO. 3: Presiding Judge: Thomas R. Diebel Alternate Presiding Judge: E. L. Wallace VOTING PRECINCT NO. 4: Presiding Judge: H. D. White Alternate Presiding Judge: Mrs. Edith Dickson VOTING PRECINCT NO. 5: Presiding Judge: William Goldstein Alternate Presiding Judge: Mrs. Lovey McCutcheon VOTING PRECINCT NO. 6. Presiding Judge: L. H. Welch Alternate Presiding Judge: Mrs. L. H. Welch VOTING PRECINCT NO. 7 Presiding Judge: T. H. Anderson Alternate Presiding Judge: Mrs. Charles A. Putnam VOTING PRECINCT NO. 8 Presiding Judge: Mrs. Claude Fletcher Alternate Presiding Judge: Mrs. I. C. Dunbar VOTING PRECINCT NO. 9 Presiding Judge: Mrs. Chester Kissell Alternate Presiding Judge: Mrs. Ed Hoop VOTING PRECINCT NO. 10 f Presiding Judge: Mrs. J. D. McGinnis Alternate Presiding Judge: Mrs. H. D. Stanley VOTING PRECINCT NO. 11 Presiding Judge: Mrs. Sid Moore Alternate Presiding Judge: Phillip O'Jibway VOTING PRECINCT NO. 12 Presiding Judge: James C. Sharp Alternate Presiding Judge: H. J. McCabe VOTING PRECINCT NO. 13 Presiding Judge: Mrs. Verna Cooke Alternate Presiding Judge: Mrs. Arnold Chauncey VOTING PRECINCT NO. 14 Presiding Judge: J. B. Airhart Alternate Presiding Judge: Mrs. Steve Meinecke VOTING PRECINCT NO. 15 Presiding Judge: W. E. Inmon Alternate.Presiding Judge: Mr. Geo. W. Barton VOTING PRECINCT NO. 16 Presiding Judge: E. E. McClatchy Alternate Presiding Judge: Mrs. M. G. Crump VOTING PRECINCT NO. 17 Presiding Judge: Mrs. L. P. Rheudasil Alternate Presiding Judge: Mrs. Elizabeth Crandall VOTING PRECINCT NO. 18 Presiding Judge: V. R. Plummer Alternate Presiding Judge: Mrs. V. R. Plummer VOTING PRECINCT NO. 19 Presiding Judge: Mrs. Rose Ingrain Ai rPrnaro Pracidina Jiidaat MrG. r.pnrvP R. Ci l.li.am 7 FEB 2 2 i,( F1 r F. r VOTING PRECINCT NO. 20 Presiding Judge: N. P.. Holmes Alternate Presiding Judge: Mrs. Justyne Morton VOTING PRECINCT NO. 21 Presiding Judge: Mrs. J. M. Grigg Alternate Presiding Judge: Mrs. Lewis McKinley VOTING PRECINCT NO. 22 Presiding Judge: Mrs. I. V. Ferguson Alternate Presiding Judge: G. E. Dawson VOTING PRECINCT NO. 23 Presiding Judge: H. P. Clemons Alternate Presiding Judge: Roy Dobbs VOTING PRECINCT NO. 24 Presiding Judge: E. W. Sawyer Alternate Presiding Judge: Tommy Starnes VOTING PRECINCT NO. 25 Presiding Judge: Mrs. Russell Tarrance Alternate Presiding Judge: Mrs. Joe Wright VOTING PRECINCT NO. 26 Presiding Judge: Mrs. John Frentress Alternate Presiding Judge: Mrs. Oran Foote VOTING PRECINCT NO. 27 Presiding Judge: C. F. Brown Alternate Presiding Judge: Mrs. Gregg Strader VOTING PRECINCT NO. 28 Presiding Judge: Mrs. Dennis Fullingim Alternate Presiding Judge: Mrs. John Abney VOTING -PRECINCT NO. 29 Presiding Judge: Mrs. Marvin McLarty, Jr. Alternate Presiding Judge: Floyd B. Golden VOTING PRECINCT MO. 47 Presiding Judge: Lowery James Alternate Presiding Judge: Mrs. Doyle Neighbors Each Presiding Judge, herein appointed, is hereby authorized and. directed to appoint not less than two clerks and as many additional.clerks, but not to exceed a• total of eight clerks, as he deems necessary for the proper conduct of the election. The Alternate Presiding Judge herein appointed shall serve as the Presiding Judge in event the regularly appointed Judge is unable to serve at this election, and shall be appointed by the regularly appointed Presiding Judge to serve as one of the clerks in the event the election is conducted by the regularly appointed Presiding Judge. ELECTION NOTICE The Chief of Police is hereby directed to post a properly executed copy of this Order and Notice of Election at the following places: Wolffarth School Sam Arnett School McWhorter School A. C. Jackson School Central Fire Station Alderson School James Bowie School K. Carter School George Rush School Carroll Thompson School Bayless School Haynes School Smiley Wilson School Overton School Roscoe Wilson School Hutchinson School Dupre School 0. L. Slaton School George.. R. Bean School Ella Iles School Lou Stubbs School 72 FEB 2 2 1968 C. E. Maedgen.School Monterey High School Wheelock School P. F. Brown School Chris Harwell School Slide Road Precinct Clubhouse E. J. Parsons School W. B.-Atkins School Mackenzie School - being the places where this election will be held. -Said notices will be posted at least twenty (20) days before said election and the officer posting the notices shall make due return showing such posting, in accordance with this Order. The City Secretary shall serve a duly certified copy of this Election Order upon each of the election judges and alternate judges named in this. Order. Such services shall be made by regis- tered mail within twenty (20) days after the date of this Order. SIGNED and executed in the City Hall at Lubbock, Texas, hi a nd day f Februar 1968. C1`'yveW3 W. D. ROGERS, JR., M.Aqo ATTEST: i LAVENIA LOWE, City S cretar -Treasurer APPROVED: FRED 0. SENTER, JR., City Attorney 68-27-72-163 The City Council considered the claim of H. M. Clay and Mrs. Albert Vaughn dba Clay and Vaughn (25) Brick Contractors, claim being of record in Claims Journal -,'Claim Na. 395, Page 13, and claiming loss of saws and other material from the truck and the 1948 model Ford truck. After consideration of this claim in the amount of $2,291.50, 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 deny payment of this claim. 68-27-72-164 The City Council considered the claim of D. L.=Lowrie for damage to his car when he struck the (25a) concrete median located at South University Avenue and Loop 289. The claim reciting that there were no warning signs erected. After consideration.of all information presented, motion was made by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Council- men Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to deny payment of $139.70 for property damage. 68-27-72-165 Motion by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers and (34) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5422 to be passed on first reading. ORDINANCE NO. 5422 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "FIRE PROTECTION", BY ADDING THERETO ARTICLE VII ENTITLED "FIRE PREVENTION CODE" WHICH PROVIDES FOR THE ADOPTION OF THE 1965 EDITION OF THE FIRE PREVENTION CODE AS RECOMMENDED BY THE AMERICAN INSURANCE ASSOCIATION; PROVIDING FOR CERTAIN AMENDMENTS THERETO; DEFINING CERTAIN TERMS USED IN THE FIRE PREVENTION CODE AS ADOPTED; PROVIDING,THAT THE FIRE MARSHAL SHALL ONLY HAVE AUTHORITY OF DETERMINING COMPLIANCE WITH THE RULES AND STANDARDS ESTABLISHED BY SUCH CODE; PRO- VIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR -PUBLICATION. 68-27-72-166 Bids as follows were received for purchase of fire hydrants and curb stops, being Bid No. 151. (35) 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 bids as follows: Accept the bid of Darling Valve & Mfg. Company for purchase of Item 1. Accept the bid of Clowe and Cowan Inc. for the purchase of Items 2 & 3. Accept the bid of Alamo Machine & Supply Company for the purchase of Item 4. Accept the bid of Clowe and Cowan Inc. for the purchase of Item 5. 68-27-72-167 Bids as follows were received for purchase of fire hydrant valves, being Bid No. 164. (35a) 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 Alamo Machine and Supply Company for purchase of Items 1 and 2. 68-27-72-168 Bids as follows were received for purchase of 175 raincoats for the Police Department, being Bid (36) No. 155. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 acceptance of the bid of J. B. Battle I FEB 2 2 1 68-27-73-169 Bids as follows were received for purchase of truck cab and chassis for the Sanitation Department, (37) being Bid No. 183. 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 International Harvester Company for purchase of truck cab and chassis for Sanitation Department. 68-27-73"170 Bids as follows were received for purchase of 4.tractors for weed mowing and Parks and Recreation, (38) being Bid No. 144. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman-Medlock, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry., Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of E. K. Hufstedler & Sons for the purchase of 3 tractors for weed mowing. Accept the bid of Farmers Supply Company for the purchase of 1 tractor for the Parks and Recrea- tion Department. 68-27-73-171 Bids as follows were received for purchase of sewer line cleaning machine, being Bid No. 156. (39 ) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Medlock, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize, acceptance of the bid of T. V. Pipe Inspec- tion Company for purchase of sewer line cleaning machine. 68-27-73 -172 Bids as follows were received for purchase of ready -mix concrete for a period of one year, being (40) Bid No. 172. 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 Putman Concrete Company -for purchase of items 1, 4, 5, 8, 9, and 12. Accept the bid of Lubbock Building Products for purchase of items 2, 3, 6, 7, 10, and 11. 68-27-73-173 Bids as follows were received for three park shelters for Chatman Park, Ribble Park and Sedberry (41)- Park, being Bid No. 163. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Cherry & Akin for three park shelters for Ribble Park, Chatman Park and Sedberry Park. 68-27-73-174 Motion by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers (41a) and Councilmen Granberry, Kastmam, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5423 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5423 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; i NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bonds The sum $30,000.00 I For the following purpose: To construct and furnish three(3) park shelters. One on 0. W. Ribble Park, -one on Will Sedberry-Park and one on Dr. J. A. Chatman Park. Also, to pay Architect's fees, relocate water lines, and install sani- tary sewer lines for these three shelters. 68-27-73-175 Bids as follows were received for 24" and 48" R. C. Pipe for storm sewer at 63rd Street and Quakez (42) Avenue, being Bid No. 201. Bid Tabulation set in Bid Book. After consideration of all bids received,.motion was made by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Gifford -Hill Pan- handle Incorp. for purchase of pipe for storm sewer at 63rd Street and Quaker Avenue. 68-27-73-176 The City Council having on February 21, 1968, held hearing on Zone Case No. 1516 and on said date (43) motion was made that zone change as requested be denied. On this date February 22, 1968, the City Council again discussed this zone case and motion was made by Councilman Kastman, seconded .. • • . 1 .. - 1 A -_J1-_ A___ L__. _.__ it------ 444 B 2 2 1968 and Medlock voting Yea, none voting Nay, that the request for zone change from "R-1" to "C-4" on property located on the west side of Avenue Q between 32nd Street and the alley south of 33rd Street be reconsidered. 68-27-74-177 After discussion by the City Council of Zone Case No. 1516, motion was made by Councilman Diekem- (44) per, seconded by Councilman Granberry, motion carried, Mayor Rogers.and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Zone Case No. 1516 be Tabled for reconsideration by the City Council on -March 14, 1968. 68-27-74-178 The City Council considered the proposal of Freese, Nichols and Endress, Consulting Engineers for (17) a long-range study of the City of Lubbock water supply. After consideration of this proposal, 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 proposal as set out below: Mr. W. R. Blackwell, City Manager P. 0. Box 2000 Lubbock, Texas 79408 .Dent Mr. Blackwell: In line with our discussion of January 29, 1968, we propose to make a long-range study of the City of Lubbock's water supply as follows: A. Scope 1. Make a fifty year project by decades,1970, to 2020, of Lubbock's estimated average annual and maximum day's water requirements. 2. Determine the annual and maximum day.potential for an optimum development and use of Lubbock's present sources of supply, utilizing to the extent possible information accumulated by the City as to the potential of the "Sand Hills" area. 3. Make estimates of cost and an economic study of the optimum development of the "Sand Hills" Area. 4. Make a study of the water available, quality, approximate delivered cost and feasibility of possible supplementary sources of underground water in the Ogallala Formation and deeper water bearing formations in the entire "High Plains" area of Texas and south to the Texas and Pacific Railway and west to the Pecos River.- 5. Make a reconnaisance study of yield, quality, approximate delivered cost and water rights, r of feasible sources of surface water in the upper Colorado River, Brazos River, and Red River basins. 6. Make a study of the use of Lubbock's return effluent for industrial and irrigation pur- poses including an estimate of future quantities and monthly flow pattern of such effluent. 7. Make a realistic evaluation of the probable timing and probable cost of water to the City under the most likely plans of importing substantial quantities of irrigation and municipal water into the "High Plains". 8. Confer with the City Engineer from time to time, during the progress of the studies, with reference to any pressing water supply problems. 9. Furnish 25 copies of a preliminary report covering Items 1, 2, and 3 with emphasis on meeting the maximum day demand through the year 1980. 10. Furnish 100 copies of a comprehensive report covering all items of the study. B. Time of Services 1. Initiate work on the study within thirty (30) days after an authorization to proceed and complete all work on the final report within one year after the date of.authorization. 2. Furnish the 25 copies of the preliminary report covering Items 1, 2, and 3 of the work } to be done within 6 months after the date of authorization. C. Cost of Study and Reports 1. Services would be performed on a per diem cost plus basis as follows: a. Per Diem: S.-W. Freese, M. C. Nichols, S. Gardner Endress - $150.00 per day. b. Salaries - Actual Payroll plus 75%. c. Expense - Actual Cost plus 15%. 2. The cost to the City of the study and reports will be limited to $25,000 exclusive of necessary field surveys, test drilling, and services of underground water consultants in connec- tion with Item 4 of the work to be done. Arrangements for performing any work not covered by the $25,000 limit shall be subject to approval by the City Engineer. 3. Services for work on the preliminary phase would be due and payable on presentation of the 25 copies of the preliminary report, with the maximum amoupt under this phase of work to be $7,500. Final payment would be due and payable upon receipt of the comprehensive report. Respectfully submitted, FREESE, NICHOLS AND ENDRESS I / - _. w FEB 2 2 19 P". r II F r 68-27-75-179 (17a) 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. 5418 be passed on first reading. ORDINANCE NO. 5418 WHEREAS, the City Council of the City of Zubbock 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 $25,000.00- For the fo•llowing purpose: Engineering cost of long range water supply study by the engineering firm Freese, Nichols and Endress. 68-27-75-180 The City Council considered the proposal of Bovay Engineers, Inc. for a solid water disposal (18) study for the City of Lubbock.. After consideration of this proposal motion was made by Councilmar Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the pro- posal as set out below: Mr. William Blackwell City Manager City of Lubbock 916 Texas Avenue Lubbock, Texas Dear Mr. Blackwell: We welcome the opportunity to present our porposal for preparation of an engineering report covering improvements to the solid waste disposal program serving the City of Lubbock, Texas. The opportunity to serve the City officials and citizens of Lubbock -is greatly appreciated. We. look forward to working with you and your staff in the completion pf this project. The requested services, as we understand them are to study ultimate solid waste disposal methods applicable to the City of Lubbock; investigate and recommend the most desirable location for the disposal facilities recommended; and recommend any possible modifications in current col- lection practices including possible changes in collection routes based upon the ultimate disposal facilities. It is understood that information concerning volumes and weights of solid waste generated will be secured by City personnel and will be made available for our use. To complete the objectives of this assignment, it will be necessary for our study to include, but not be limited to, the following items: 1. Determination of ultimate disposal method. a. Assemble and compile all local data to be provided us concerning volumes, weights, and characteristics of solid waste generated in Lubbock. b. Consider volumes.and weights to be generated in the future as a result of projected growth of the City. C. Investigate and compile advantages and disadvantages of each method of ultimate disposal including incindration,-sanitary land fill, and composting. d. Make necessary field investigations relative to each method of ultimate disposal. e. Prepare data for cost comparisons of each ultimate method of disposal. f. Investigate means for disposal of any waste not acceptable in the ultimate disposal method selected including any residue waste. g. Consider regulatory agency requirements applicable to each disposal method. h. Determine disposal method to be recommended with alternates. 2. Location of ultimate disposal facilities. a. Assemble maps and data including topography of sites available for location of the ultimate disposal facilities. b. Using assistance from City personnel investigate costs of sites selected. c. Consider tffect of distance to disposal site from solid waste generation areas. d. Consider effects on cost of collection created by location of disposal facility. 3. Modifications of current collection practices. a. Investigate possible methods of transporting waste to the recommended idsposal facia ity including the use of a transfer system or continued use of the shuttle system. b. Consider modifications of collection routes and practices as may be required by the location and type of disposal facility recommended. 4. Analyze costs of proposed improvements. a. Estimate and compare costs of the recommended improvements. 2 1969 b. Investigate the possible need for a solid waste collection and disposal charge. 5. Prepare a definitive report. The results of the study are to be presented in report form with necessary exhibits and maps to clearly define the suggested improvements and modifications necessary.to provide proper and adequate service. Upon completion of this project, we will furnish you with 15 copies of the report covering our study with recommendations for improving the solid waste collection and disposal program. We propose to perform the engineering services in accordance with the attached Per Diem Fee Schedule KD/367-1. It is suggested that a sum of $15,250 be budgeted as maximum charge for the services required to accomplish the above defined scope of work. If at any time during the pro- ject, factors develop which will require that the budgeted sum be exceeded, the City will be notified at once and a revised plan of procedure agreed upon. Any additional services requested by the City in connection with the project can also be compensated for in accordance with the above mentioned -Per Diem Fee Schedule KD/367-1. It -is further suggested that reimbursement for our services be made on a monthly basis based on the time accrued. Preparation of the study for improvement of the -solid waste collection and disposal program will start immediately upon written authorization by -the City of Lubbock. It is estimated that approximately four -months will be required for -completion -of the plan. Your signature on a copy of this proposal at the indicated location below will signify your acceptance of this proposal. We look forward to providing you with this engineering service, and should there be any question concerning the above comments, please advise us. Sincerely, BOVAY ENGINEERS, INC. /s/ Charles A. Schaefer, P. E. Charles A. Schaefer, P. E. Associate CITY OF LUBBOCK BOVAY ENGINEERS, INC. ACCEPTED ACCEPTED s/ W: R..Blackwell /s/ Charles A. Lawler City Manager 2/27/68 Charles A. Lawler Executive Vice President City Secretary Date February 22 1968 �+ 68-27-76-181 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (18a) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5419 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5419 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: Refuse Disposal Bond Fund The sum $15,250.00 For the following purpose: Engineering cost of study of solid waste disposal by the engineering firm of Bovay Engineers, Inc. 68-27-76-182 Motion by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers � (45) and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Tax Collector 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 in favor of Robert 0. Weaver, 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 in detail. Passed by the City Council this 22nd day of February, 1968. W. D. ROGERS, JR., Mayor ATTEST: LAVENIA LOWE, City Secretary -Treasurer 76B FEB 2 2 1§48 68-27-77-183 (33) CITY OF LUBBOCK MEMO Yd: Lavenia Lowe, City Secretary DATE: February 28, 1968 FROM; A. J. Prim Zoning Administrator SUBJECT: John Hay's Lake Area Property The attached metes and bounds description of the property being given to the City by John Hays, in connection with a Cut and Fill Plan and Plat of the J. W. H. Addition, is furnished as requested: "A tract of land out of Section 7, Block E-2, Lubbock County Texas, further described by metes -.nd bounds to wit: 1-2-4 BEGINNING at a point 990' North and 1050' East of the Southwest corner of said Section 7, Block E-2; THENCE North 302' to a point; THENCE East 270' to a point; THENCE South 302' to a point; THENCE West 270' to the PLACE OF BEGINNING. " SIGNED FEB 2 2 1 L L APPROVED: /s/_Fred _0. Senter, Jr. FRED 0. SENTER, JR., City Attorney PAVING RELEASE STATE OF TEXAS CITY OF LUBBOCK COUNTY OF LUBBOCK TO ROBERT 0. WEAVER Paving improvements have been completed and accepted on Avenue N and 39th Street, abutting Lot 11, Block 6, J. C. Davis Subdivision, and addition to the City of Lubbock, in Lubbock County Texas, owned by Robert 0. Weaver, who has agreed to pay the City of Lubbock the principal amount due and owning on that part of the -street improvement assessed against said lot and said owner by virtue of City Ordinance Number 1908, passed June 21, 1956, filed Juna 22-, 1956, in Vol. 622, Page 323, Deed Records, Lubbock County, Texas; and in consideration of said agreement to pay in full the assessment against said lot in the amount-of•$700.31, together with -interest at the rat of 6% per annum from the first day of March, 1968, the City of Lubbock hereby releases said pro- perty from the original assessment in the amount of $700.31. IN WITNESS WHEREOF, this instrument is officially signed with the seal affixed, this 22nd day of February, 1968. 68-27-77-183 Mayor and Councilmen (33) City of Lubbock Lubbock, Texas Gentlemen: CITY OF LUBBOCK, TEXAS BY. - Harvey Austin, Tax Collector February 14, 1968 As agent for the owner, John W. Hays, I respectively request an indication of your acceptan+ to title on approximately 2 acres near Geneva Avenue and 62nd Street, and adjacent to property owned by the City of'Lubbock.' The attached illustrations show,the tract as being 302' x 270' and one where the dirt will be removed by the owner in order that he may fill adjacent property for a street and a proposed apartment project. A letter from you acknowledging your willingness to accept the gift of the 2 acres and the owners used of the dirt together with a strip 28' x 270' for his cut and fill plan will permit h progress in the process of submitting a.preliminary plat. It is anticipated that you would receive the deed to the subject property on or before 6 months from date with the recording of the final plat. I appreciate your favorable action at this time. Yours very truly, /s/ Earl Lockhart, Jr. Earl Lockhart, Jr. The City Council considered the proposal of Mr. John Hays for deeding to the City approximately two acres of land under the terms and conditions as set out above. Motion was then made by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers and Council men Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize accepta- of the proposal. Description of the two acres is set out below also a drawing of the cut and fi plan referred to in the proposal. 68-27-77-184 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (33a) Councilmen Granberry, Kastman, Diekemper, and lad lock voting Yea, none voting Nay, to authorize the developers to include intheir revised_ l p an the south one-half of the east 270' of 62nd Street extending east from Indiana Avenue. The dirt for the fill to be removed from the south one-half of the east 270' of 62nd Street extending east from Indiana Avenue. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE C MEETING, FEBRUARY 2.2, 1968. d�1 ATTEST: LAVEN%A LOWE, Cit3i Secretary -Treasurer READ AND APPROVED THIS THE 14TH DAY OF MARCH, 1968. ATTEST: ALL«� l LAVENIA LOWE, City Se etary-Treasurer W. D. ROGERS, ADJOURNED FROM REGULAR Mayor