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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/11/196811 APR 11 13 April 11, 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 O- Senter, Jr., City Manager W. R. Blackwell, Assistant City Manager Robert Wilson, and City Secretary -Treasurer Lavenia Lowe. Absent: None. 68-27-117-283 Invocation was given by City Manager W. R. Blackwell. (1) 68-27-117-284 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers (2) and Councilmen Granberry, Kastman Diekemper, and Medlock voting Yea, none voting Nay, to authorize approval of City Council Minutes - Regular Meeting held March 27, 1968; Regular Meeting held March 28, 1968. 68-27-117-285 Mr. 0. J. Ohnemus appeared before the City Council in regard to parking around the new Post Office (10) An the vicinity of Avenue G between 14th Street and 16th Street. Mr. Ohnemus requested that angle parking be retained on the north and south sides of the Post Office. The recommendation of the City's Traffic Engineering Department as to parking in this area is set out below: In order to eliminate the traffic congestion that occurs during the peak mailing hours around the Post Office, the Traffic Engineering Department recommends the following changes: 1. That all angle parking now in existance around the Post -Office be converted to parallel parking. The existing street widths around the Post Office are'50 and 55 foot widths. With angle parking good traffic circulation is difficult if not impossible to accomplish. 2. That a•30 minute time limit be installed on the East side of Avenue G between 15th Street and 16th Street. That a one hour parking limit be installed on the West side of Avenue G between 15th Street and 16th Street and that a one hour parking restriction be installed on the North side of 15th Street between G and F. . 3. That a 30 minute parking limit be installed on the South side of 16th Street between Avenues G and F. 4. That a time limit not to exceed 30 minutes be installed in the off-street parking lot directly in front of the Post Office. 5. That parking be prohibited anywhere in the off-street parking lot directly in front of the Post Office except in that area that is properly marked. 6. That the driveway into and out of the off-street parking lot directly in front of the Post Office be changed to a one-way, in a northerly direction. 7. That. all traffic coming dut of the-off•street parking area directly in front of the Post Office be forced to turn right on Avenue G. 8. That the drop box located in the off-street parking area in front of the Post Office be relocated to the West side of Avenue G, between 15th and 16th Streets. After consideration of the information presented by Mr. Ohnemus, Post Master, and Mr. Wayne Sherrell, Director of Traffic, motion was made by Councilman Kastman, seconded by Councilman Gran- berry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, and Diekemper voting Yea, Councilman Medlock voting Nay, to deny the request of Mr. Ohnemus for angle parking at the Post Office and request the Traffic Engineering Department to continue with their studies in an effort to -solve -the parking problem at the Post Office. 68-27-117-286 Mr. James E. Walker, Chairman of the Parks and Recreation Board, appeared before the City Council (10a) in regard to development of approximately 14k acres of playground facility near Coronado Apart- ments, Inc. and Green Fair Apartments Coronado Urban Renewal Area located in the vicinitycf East 39th Street and Coronado Drive in Southeast Lubbock. Mr. Walker stated to the City Council that there is need for some dirt work to make this 14k acres. -into a park playground. The estimated cost being -in the amount of $4,000, which would include leveling of the'land and removal of debris, Motion was then made by Councilman Kastman, seconded- by Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authoriz( approval of expenditure to clear this area as a park playground. 68-27-117-287 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (10b) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize supplement of the 1967-68 City of Lubbock Budget in the amount of $4,000 from Unappropriated Surplus Funds to 5041-537 (Recreation System Improvements). 68-27-117-288 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and (10c) Councilmen Granberry, Kastman, and Medlock voting Yea, Councilman Diekemper voting Nay, that the following resolution be passed. w18 pit11K RESOLUTION WHEREAS, the City Council of the City of Lubbock, Texas, with due regard to the interest of the general public desires to make known the following expression of principal: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, THAT the City Council is of the opinion that as a general principal, the traffic median which now extends between Quaker Avenue and Raleigh Avenue on 19th Street should be constructed in such a manner as to permit East bound traffic access to the commercial shopping area on the North side of 19th Street and permit West bound traffic access to the commercial area on the South side of 19th Street. The City Council is of the opinion that such change in the median as.set forth above will serve the best interest and welfare of the community as a --'--'- Passed by the City Council this llth day of April, 1968. ATTEST: r � LAVEWIA LOWE, City Secre ry-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney 68-27-118-289 The City Council considered the request of Mr. James E. Walker, Chairman of the Parks and (10d). Recreation Board, that the City in cooperation with Lubbock Public School develop Estacado baseball field in northeast Lubbock by paying approximately one-half of the cost of installation of a water system, installing bleachers, concession and press box, dugouts, fence and backstop and Rock dust. Estimated total cost being in the amount of $20,000 for development of this base- ball field. Motion was then 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 payment of the City's share in the amount of $10,000 for development of this baseball field. 68-27-118-290 (l0e) 68-27-118-291 (10f) Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5444 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5444 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: Park Bonds The sum $10,000.00 For the following purpose: To pay for one-half of the construction cost of a baseball diamond to be located on the Estacado High School Campus. This baseball diamond will be used by the public schools and the Park & Recreation Department. Mr. James E. Walker, Chairman of the Parks and Recreation Board, appeared before the City Council and presented the following information as to need of wrestling mats in the community centers: COMMUNITY CENTER WRESTLING MATS All four of our Community Centers are in need of wrestling mats for their program. These mats are used for instruction in tumbling, judo, wrestling and gymnastics. At the present time all of our Community Centers are overcrowded with judo classes - mostly adults (men & women) because of the lack of facilities. We have turned away, according to our directors at our community.centers, six hundred people wanting to take judo. Mr. Walker requested that the City Council authorize purchase of (4) 12' x 12' x 2 " and (1) 22' x 22' x 1k" mats at a cost of $2,610. After consideration of the above request 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 purchase of the wrestling mats as requested for use in community centers. 68-27-118-292 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers (10g) and Councilmen Granberry, Kastman and Medlock voting Yea, Councilman Diekemper voting Nay, that Ordinance No. 5445 be passed on first reading. 11 APR 1 i { AN APPROPRIATION ORDINANCE ORDINANCE NO. 5445 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: Park Bonds The sum $2,610.00 For the following purpose: 4 - 12' x 12' x 2" Athletic Mats and for I - 22' x 22' x IV Athletic Mat to be placed in four Community Centers. 68-27-119-293 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers (11) and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5440 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5440 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 Bond Fund The sum $3,000.00 For the following purpose: (1) $1,200.00 for constructing 3 culverts under Olive Avenue from East 50th Street to East 60th Street. (2) $1,800.00 for caliche furnished for improving Olive Avenue from East 50th Street to East 60th Street. The County is to use this caliche in paving this section of Olive,Avenue. 68-27-119-294 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers (12) and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5434 be passed on second and final reading. ORDINANCE NO. 5434 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1522: CHANGE THE EAST 1/2 OF LOT 21, AND THE WEST 41.5' OF LOT 22, BLOCK 5, ELLWOOD PLACE, AN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTYP TEXAS, FROM AN "R-1" TO AN "R-3" ZONING DISTRICT, SUBJECT TO CONDITION. 68-27-119-295 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers (13) and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5435 be passed on second and final reading. ORDINANCE NO. 5435 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1526: CHANGE THE EAST 1/2 OF LOT 20 AND THE WEST 1/2 OF LOT 21, BLOCK 5, ELLWOOD PLACE, AN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO AN "R-3" ZONING DISTRICT, SUBJECT TO CONDITIONS. 68-27-119-296 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers (14) and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5436 be passed on second and final reading. ORDINANCE NO. 5436 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1528: CHANGE THE EAST 260' OF BLOCK 1, C. L.-VAUGHN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-4" TO A "M-I" ZONING DISTRICT. i 68-27-119-297 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers i (15) and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5437 be passed on second and final reading. i ORDINANCE NO. 5437 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1529: CHANGE LOTS 9 AND 10, WACASEY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO AN "R-3 " ZONING DISTRICT, SUBJECT TO CONDITIONS. 68-27-119-298 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers (17) and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5441 be passed on second and final reading. 'R 11 1g68 ORDINANCE NO. 5441 68-27-120-298. AN ORDINANCE ABANDONING AND CLOSING A PORTION OF GENEVA AVENUE BETWEEN 61ST AND 62ND STREETS 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 SAID PORTION OF GENEVA AVENUE AS AFORESAID. 68-27-120-299 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers (18) and Councilmen Granberry, Kastman and Medlock voting Yea, Councilman Diekemper voting Nay, that Ordinance No. 5431 be passed on second and final reading. ORDINANCE NO. 5431 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF BELTON AVENUE, BEING THE 225' NORTH OF 50TH STREET, 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 PORTION OF SAID STREET AS AFORESAID. 68-27-120-300 Hon. W. D. Rogers (20) Mayor, City of Lubbock 916 Texas Avenue Lubbock, Texas 79401 Re: Case No. 1516 Dear Mayor Rogers: Heretofore, on March ll, .1968, we requested that the above styled zone case be continued past the March 14 meeting, advising you that the respective parties represented by Mr. Napier and ourselves were going to get together to try to work out a settlement of what has proved to be a difficult situation. Committees have been appointed representing both sides in this con- troversy, and have had some meetings and it appears to us that favorable progress is being made. However, it does not look like we will have all of the factors of the agreement worked out by the meeting which is scheduled April 11, 1968. Therefore, we courteously request that the commission pass this matter one more time in order that our parties may be given additional time in which to work out a settlement of this difficult situation. By carbon copy of this letter I am informing Mr. Napier of this request and ask that if he has any objection to this continuance that he advise my office of his objection prior to Wednesday, April 10, 1968. If Mr. Napier expresses no objection to this we would appreciate the council's consideration of one additional continuance. Thank you very much. Yours very truly, BROWN, SHUMAN & HARDING By /s/ Clifford W. Brown Mayor W. D. Rogers City Hall Lubbock, Texas Re: Zoning Case No. 1516, Lots In O'Neal Terrace Dear Mr. Mayor: I have been instructed to join Clifford Brown in his request that the above matter be passed and considered at a later date to afford the parties required additional time in their negotiations. Favorable action on Mr. Brown's request and this request is respectfully requested. Sincerely yours, /s/ Edward W. Napier In accordance with the requests of Mr. Edward W. Napier and Mr. Clifford Brown as set out in the above letters it was unanimously agreed by the City Council to not take action on Zone Case No. 1516 property located on the west side of Avenue q between 32nd Street and 33rd Street. 68-27-120-301 Motion by Councilman Granberry, seconded by Councilman Diekemper, Motion carried, Mayor Rogers (21) and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5442 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5442 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Traffic Light The sum $4,282.79 For the following purpose: City's share of the installation's cost of R.R. crossing flashing signals on Chicago Avenue at the P. and S. F. R.R. crossing. 12 APR -11 1? 68-27-121-302 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers (22) and Councilmed-Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5446 be passed on first reading. ORDINANCE NO.544f AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED 'MOTOR VEHICLES AND TRAFFIC". BY AMENDING SECTION 18-60 TO MAKE IT UNLAWFUL FOR ANY PERSON -OPERATING A MOTOR VEHICLE TO MAKE A LEFT TURN ACROSS A.PAINTED TRAFFIC ISLAND OR A RAISED MEDIAN DIVIDER; PRESCRIBING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 68-27-121-303 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers (23) and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS,LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Lot 27, Nor -Don Addition, made arrangements with Flagg Homes, Inc. for the con- struction pf paving improvements on a certain street dedicated -in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Lot 27, Nor -Don i Addition including the following street: The South 1/2 of 50th Street adjacent to Lot 27, Nor -Don Addition (curb and gutter only) known and designated as New Subdivision Unit Number 1760. AND WHEREAS, the construction of the above improvements on the abovementioned street was performed under the supervision of the City Engineer, and said improvements have been completed and .have been inspected and found to have been constructed in accordance with City specifi- cations and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from -and after its passage. PASSED AND APPROVED THIS 11TH DAY OF APRIL, 1968.. ATTEST* i LL! l/lU Lavenia Lowe, City Secre ary APPROVED: /s/ Samuel W. Wahl Samuel W. Wahl, City Engineer APPROVED: /s/ Fred 0. Senter. Jr. Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE NOR -DON ADDITION LO27, Accepted April 11, 1968 QUANTITIES Unit & L.F. Sub -Unit Location C & G NS 1760 The South 1/2 of 50th Street (curb 100.00 & gutter only) adjacent to Lot 27, Nor -Don Addition y . j COST ESTIMATE 100.00 L. F. Curb & Gutter @ $1.85 $ 185.00 C M1 CONTRACT COST $ 185.00 COST DISTRIBUTION From Unit & Contract Prepaid Paving Sub -Unit Cost Fund NS 1760 $ 185.00 $ 185.00 122 ►PR 11 IS68 68-27-122-304 Motion by Councilman Diekemper, seconded by Councilman Metilock, motion carried, Mayor (24) Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5447 be passed on first reading. ORDINANCE NO. 5447 AN APPROPRIATION ORDINANCE 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 $46,701.49 For the following purpose: Change order to G.W.O. 10563, University Avenue, 19th-Street to 34th Street. Breaks down as follows: 1. Widening and adjustment cost to increase width of University Avenue at 19th to 21st Street $ 17,462.49 2. Estimated additional funds needed to reconstruct the paving on the East side of University from 21st to 34th St.• omitting the two -course overlay proposed. $ 29,239.00 68-27-122-305 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor (25) Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5448 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5448 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Sanitary Sewer Bond Fund The sum $21,000.00 For the following purpose: Preliminary design report on Waste Water Reclamation Facili- ties and City's preconstruction costs on proposed Water Reclamation Plant. 68-27-122-306 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor (26) Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance and final payment to Hemphill Contracting Company in the amount of $1,408.96 for construction of approximately 1412 feet of 16 inch water distri- bution main - W.W.O. 7857. The original estimate was in the amount of $14,247.12 and the final cost being in the amount of $14,089.62. Certificate of Completion Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On April 3, 1968, I inspected the 16" Distribution Main from 68th Street & Memphis Avenue to 68th Drive & Norfolk Avenue - WWO 7857 constructed by Hemphill Contracting Company, under contract dated April.l, 1968 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. Yours very truly, Is/ Wilford D. Watson for Samuel W. Wahl, City Engineer Hemphill Contracting Company 5520 Brownfield highway Lubbock, Texas Certificate of Acceptance I Ll fl Gentlemen: In accordance with paragraph 49, Section II, of the Specifications -for 16" Distribution Main from 68th St. & Memphis Ave. to 68th Drive & Norfolk Ave. - WWO 7857, you are hereby notified of the acceptance of this project by the City Council of the City of Lubbock on April 11, 1968. Final payment was authorized at the same meeting and will be forthcoming. 1 APR 1 1 ig( rn- Yours very truly, /s/ Wilford D. Watson For Samuel W. Wahl, City Engineer CONTRACTORS AFFIDAVIT ON CLOSING JOB STATE OF TEXAS COUNTY OF LUBBOCK Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Glen Hemphill, who being by me duly sworn, upon oath says: . I, Glen Hemphill, 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 1, 1968, for 16" Distribution Main from 68th Street and Memphis Avenue to 68th Drive and Norfolk Avenue under WWO 7857, and that the work and contract has been. completed according to the plans and specifications 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 12th day of April 1968. Attest: HEMPHILL CONTRACTING COMPANY /s/ Glen Hemphill Subscribed and sworn to before me this the 12th day of April, 1968. /s/ E. L. Roy Notary Public in and for Lubbock County, Texas 68-27-123-307 Motion by -Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (27) Councilmen Granberry, Diekemper, and Medlock voting Yea, none voting Nay, that the following resolution be passed. Councilman Kastman abstained from voting on this motion. RESOLUTION Resolution accepting water and sewer system improvements for Lots 576-635, 717, 718 & 764- 795, Melonie Park Addition. WHEREAS, the developer of Lots 576-635, 717, 718 & 764-795, Melonie Park Addi- tion have complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $41,235.70 with the improvements construc ed by Hemphill Contracting Company having a value of $32,914.88 as determined by the unit prices established by said Chapter 34, and $8,320.82 cash Jengineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City, with Leroy Elmore, the developer, to receive a refund of $8,465.66 in accordance with Chapter 34 of the Code of the City of Lubbock. WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That refund of the refundable cost in the amount of $8,463.66 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and of its passage. PASSED AND APPROVED THIS 11TH DAY OF APRIL, 1968. ATTESTEWN A�Zh'.; A,&, LAVENA LOWE, City Secret ry W. D. ROGEFGS; JR. , ttyo4/ J* APPROVED: /s/ Samuel W. Wahl SAMUEL W. WAHL, City Engineer 124 ,R 11 1g6a APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney 68-27-124-308 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (28 & 29) Councilmen Granberry, Kastman, and Medlock voting Yea, none voting Nay, to authorize a special meeting of the City Council to be held April 15, 1968 at 1:30 p.m. to consider revising the con- tract with Standefer and Gray, Inc. for disposing of surplus sewage effluent and to consider con- tract with Southwestern Public Service Company for sale of sewage effluent. Councilman Diekemper abstained from voting on this motion. 68-27-124-309 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (30) Councilmen Granberry; Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5449 be passed as anemergency measure. 68-27-124-310 (32) AN APPROPRIATION ORDINANCE ORDINANCE NO. 5449 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: Street Improvement Fund The sum $1500.00 For the following purpose: Preliminary and incidental expenses in the acquisition of right of way on Indiana Avenue between 19th and 34th Streets. GWO 10519 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION WHEREAS,.the City Council has heretofore determined a need to relocate portions of Quaker Avenue at its intersection with Loop 289, because of a large lake area which exists to the North of such intersection, and creates a problem in regard to street development, and WHEREAS, an agreement has been entered into between the City of Lubbock, and adjoining pro- perty owners securing the necessary right of way for such street relocation, and a condition in such agreement states that the City shall request that the abandoned portion of the street inter- section right of way, after such relocation is accomplished, be conveyed to -the City of Lubbock, who would then in turn convey such abandoned street intersection right of way to the abutting pro- perty owners, with the State of Texas retaining and reserving the necessary drainage rights and other easements as may be required, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council of the City of Lubbock does hereby request the State of Texas, acting through the Texas Highway Commission, to convey the.portions.of the right of way at the inter- section of Quaker Avenue and Loop 289, which it determines to be no longer needed for highway pur- poses, due to the intersection relocation, to the City of Lubbock, with the State of Texas retain- ing and reserving the necessary drainage rights and other easements which'shall be required. Such property is described as follows: .1.119 acres of land in two parts being out of and a part of those two tracts of land in the Northeast one -quarter of Section 10, Block E-2 and the Northwest one -quarter of Section 11, Block E-2, all in Lubbock County, Texas which tracts.were conveyed to the State of Texas by deeds recorded in Volume 694, Page 587 and Volume-666, Page 307, Deed Records of Lubbock County, Texas, which 1.119 acres of land are more particularly described by metes and bounds as follows: PART I. BEGINNING at a point in the North right-of-way line of Loop 289, said point being on the East line of Section 10, Block E-2, same being the West line of Section 11, Block E-2, and being 863.32 feet South 00 03' East from the Northeast corner of said Section 10, Block E-2; THENCE South 890 57' West 60.0 feet to a point; THENCE Southerly along a curve to the right, the center of said curve being 215.0 feet South 890 57' West from the beginning of this call, 283.31 feet to a point; THENCE South 720 03' East 232.52 feet to a point on the East line of said Section 10, Block E-2; THENCE South 670 35' East 208.68 feet to a point; THENCE Westerly along a curve to the right, the center of said curve being 215.0 feet North 220 25' East from the beginning of this call, 253.42 feet to a point; THENCE North 00 03' West 160.9 feet to a point; THENCE South 890 57' West 60.0 feet to the place of beginning and containing 0.668 acres of land. rm- 12 APR 11 1968 PMO 68-27-125-311 (35) 68-27-125-312 (36) 68-27-125-313 (37) PART II. BEGINNING at a point in the South right of way line of Loop 289, said point being on the East line of Section 10, Block E-2, same being the West line of Section 11, Block E-2, and being 740.72 feet North 00 03',West from the Southeast corner of the Northeast one -quarter of said Section 10, Block E-2; 0 THENCE South 89 57' West 60.0 feet to a point; THENCE North 00 03' West 162.5 feet to a.point; THENCE Northerly along a curve to the left, the center of said curve being 215.0 feet South 890 57' West from the beginning of this call, 173.19 feet to a point; THENCE South 720 03' East 132.62 feet to a point on the East line of said Section 10, Block E-2; THENCE South 780 21' East 325.36 feet to a point; THENCE Westerly along a curve to the left, the center of said curve being 215.0 feet South 110 39' West from the beginning of this call, 381.62 feet to a point; THENCE South 890 57' West 60.0 feet to the place of beginning and containing 0.451 acres of land_ Passed by the City Council this llth day of April, 1968 ATTEST: 14) LAVENIA 1OWE, City Secretar -Treasurer APPROVED: Is/ Fred 0. Senter, Jr., ..FRED 0. SENTER, JR., City Attorney 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. 5450 be.passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5450 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 Bond Fund The sum $1,300.00 For the following purpose: For acquisition of two underground water supply line easements east of the new Pump Station and Reservoir in southeast Lubbock. $440.00 to the Holmes Estate for 0.22 Acres $860.00 to the Arnett and Benson for 0.43 Acres. Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry,.Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5451 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5451 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 Revenue Fund The sum $50,000 For the following purpose: For addition to Texas Tech Substation, located on Tech Campus. Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5452 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5452 I; WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain ii specific funds out of bond funds for an approved project; f; NOW THEREFORE, �.. TY. TT I1TTlT1T,'11T Tl1 TT1T, /.TT,1 l.ATTAT/T7 ATa TTTY1 ATrTT,► ATy T TTn »f'1RV 126 PR 11 1968 There is hereby appropriated out of the following described bond -fund, to -wit: Fire Station Bond Fund The sum $4,673.00 For -the following purpose: To purchase parts and equipment for -converting engines to Triple Combination. 68-27-126-314 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (31) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting May, 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 Street Dedication in favor of The Public, 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 fully copied herein in detail. Passed by the City Council this llth day of April, 1968 t AC� /I W. D. ROGERS-, -JR! , ATTEST: f 10 dedc LAVEN LOWE, City ecreta y-Treasurer FORM APPROVED: /s/ Fred 0. Senter. Jr. FRED 0. SENTER, JR., City Attorney DEDICATION DEED THE STATE OF TEXAS x KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X THAT the City of Lubbock, a home rule municipality located in Lubbock County, Texas, acting by and through its officers hereunto duly authorized, do -hereby dedicate to the public for the public use forever as public streets and for street purposes the following described property: WEST SIDE OF UNIVERSITY AVENUE Beginning at a point which is 25.00 feet East of the Southwest Corner of Lot 2, Block 5, Ell- wood Place, Installment No. 1, an -addition to the City of Lubbock, Lubbock County, Texas; THENCE North a distance of 108.51 feet to a point of curvature; THENCE around a curve to'the•left having a radius of 107.00 feet, delta angle of 84' 53', tangent lengths of 97.84 feet and an arc distance of 158.52 feet to a point of tangency; THENCE North 840 53' West a distance of 2.56 feet to a point which is 25.00 feet East and 9.70 feet South of the Northwest corner of said Lot 2; THENCE North 8.00 feet; THENCE South 840 53' East a distance of 126.10 feet to a point of curvature; THENCE around a 'curve to the right having a radius of 29.5 feet, delta angle of 680 19' and an arc length of 35.2 feet; THENCE South 730 26' West a distance of 8.00 feet; THENCE South 300 20' 18" West along•the West line of a tract previously dedicated to the City of Lubbock, a distance of 13.66 feet to a point which is 47.42 feet South and 21.71 feet West of the Northeast corner of Lot 1, Block 5, Ellwood Place, Installment No. 1; Thence around a curve to the right having a radius of 179.28 feet, delta angle of 160 ill 38" and an arc distance of 50.67 feet to a point of tangency;. Thence South a distance of 127.58 feet to a point in the South Line of said Lot 1; Thence West a distance of 57.4 feet to the place of beginning. Lot 24, and the East one-half of Lot 23, Block 5, Ellwood Place, Installment No.' I,- an addition to the City of Lubbock, Lubbock County; Texas, less that portion previously dedicated for street. II Lot 1 and the East.28 feet of Lot 2, Block 6, Ellwood Place, Installment No. 1, an addition to the City of Lubbock, Lubbock County, Texas, less that portion previously dedicated for street. 1� APR 11 19 68-27-127-315 (19) Lot 23, Block 12, Ellwood Place, Installment No. 3, an addition to the City of Lubbock, Lubbock County, Texas, less that portion previously dedicated for street. Lots 1 and 22, Block-13, Lots 1 and-22, Block 19, Lots 1 and 22, Block 20, and Lot 1, Block 27, all in Ellwood Place, Installment No. 3, an addition to the City of Lubbock, Lubbock County, Texas. Lot 1, Block 1, Lots 1 and 22, Block 8, all in Del Mar Addition to the City of Lubbock, Lubbock County, Texas. Lots 1 and 22, Block 1, Del Mar Annex, an addition to the City of Lubbock, Lubbock County, Texas. Lots 1 and 18, Block 4, Lots 1 and 18, Block 3, Lots 1 and 18, Block 2,' Lot 1, Block 1, all in Simmons Addition to the City of Lubbock, Lubbock County, Texas. Lot 18, Block 1,'Lots 1 and 18, Block 2, Lots 1 and 18, Block 3, all is College View Addition to the City of Lubbock, Lubbock County, Texas. Part of Lot 1,' Block 4, College View Addition, described as follows: Beginning at the Northeast corner of Lot 1, Block 4, College View Addition to the City of Lubbock, Lubbock County, Texas; THENCE South 140 feet to the Southeast corner of said Lot 1; THENCE West 47 feet; THENCE Northwesterly a distance of 141.74 feet to a point in the North Line of Lot 1; THENCE East 54 feet to the place of beginning. Executed this llth day of April, 1966. ATTEST r LAVENIA LOWE, City Secretary -Treasurer Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that 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 executed for and on behalf of the City of Lubbock a Street Use License in favor of H. C. Lewis 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 llth day of April, 1966 ATTEST: f LAvENfA LOWS, City Secreta y-Treasurer FORM APPROVED: /s/ Fred 0. Senter. Jr. _ FRED 0. SENTER, JR., City Attorney STREET USE LICENSE THE STATE OF TEXAS X COUNTY OF LUBBOCK X This indenture made this llth day of April, 1968, between the City of Lubbock, Texas, a Home Rule Municipality, hereinafter called "CITY" and H. C. Lewis, hereinafter called "GRANTEE". 128 PR 11 1968 WITNESSETH: Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas, does hereby grant unto Grantee, its successors and assigns, the right, privileges and license to close the West 125 feet of the alley in Block 101, Overton Addition to the City of Lubbock, Lubbock County, Texas for the purpose of occupying such property during construction on the adjacent lot. 1. The term of this grant shall be for a period of ninety (90) days from the date of adop- tion hereof. 2. The Grantee agrees to pay all costs arising out of the exercise of the license herein granted, including but not limited to the replacement and repairing of paving, sidewalks, and utilities of any nature occasioned by the construction as authorized by this license. Grantee shall keep the street, alley and/or sidewalk over such underground construction in such condition and repair that it will be safe for use by the public and in a manner satisfactory to and approved by the City Engineer, and shall at all times comply with the ordinances of said City regulating the use of space underneath streets, alleys, and sidewalks of -said City. 3. In the event the City determines that the existence of such use interferes with or causes the re-routing or re -aligning of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the City or franchised utility, Grantee agrees to reimburse the City of Lubbock, or such utility, as the case may be, for its expense of such relocating or re-routing over and above the expense which would have been incurred except for Grantee's use herein. 4. This license is made subject to the condition that should the Grantee, his successors or assigns, exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated, under and across any and all of the above set out property, then and in that event said Grantee, his successors or assigns, will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance herein contemplated, and will further replace or repair any damage and pay in full all losses or expenses that the City of Lubbock may sustain, incur, or become liable for resulting in any manner from the construction, maintenance and use permitted herein. City, at its option, may require an agreement with any contractors hired by Grantee to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the City from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The City may further require such contractor to furnish, without expense to City, a reliable surety bond, in an amount and in the form satisfac- tory to said City, guaranteeing the faithful performance of all the terms, covenants and condi- tions contained in said agreement and a certified copy of a policy of public liability and property damage insurance within limits specified by, and in a form satisfactory to, said City, covering the contractual liability assumed by contractor in said agreement with City. 11 5. At such time as this license should be cancelled or revoked for any reason, after the expiration of the primary term, the improvements that are permitted under this license shall be removed by the Grantee and the property restored to its original condition at no cost or expense to the City of Lubbock. In the event Grantee fails or refuses to remove such improvements after demand by City, the City shall enter possession, and remove or cause to be removed such improve- ments and the expense incurred shall be assessed against Grantee for which Grantee shall be liable. 6. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns, and the duly authorized agents and contractors of the parties hereto.to the same extend and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the Grantee, his succes- sors or assigns, shall be binding upon the City of Lubbock without the consent of the City of Lubbock in each instance. 7. Grantee by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and Grantee waives any and all claims in and to the public way he is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. A ATTEST: LAVENIALOWS, City Secret ry-Treasurer CITY F y BY: W. D. ROGERS, JR_ APPROVED: s Fred 0. Senter, Jr., City Attorney AGREED TO AND ACCEPTED this day of , 1968. LICENSEE: H. C. Lewis 68-27-128-316 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers (33) and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea,'none voting Nay, that the following resolution be passed. APR 1 1. 1961 w.. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby -authorized and directed to execute for and on behalf of the City of Lubbock a STREET USE LICENSE to Otto Meyer 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 Resoluti Passed by the City Council this Ilth day of April, 1968 ATTEST: �rfz,/a LAVENIA LOWE, City•Secret ry-Treasurer APPROVED: FRED 0— SENTER, JR., City Attorney STREET USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK I This indenture made this Ilth day of April, 1968, between the City of Lubbock, Texas, a Home Rule-Mun'icipality, hereinafter called "CITY" and Otto Meyer, hereinafter called "GRANTEE". 0P_1&_*f* 4M Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas, does hereby grant until Grantee, its successors and assigns, the right, privileges and license to con- struct, occupy and maintain, below surface level, a private waterline under and across Vanda .Street at its intersection with E. 44th Street. 1. A drawing of such construction is attached hereto and made a part hereof and the use granted hereby is limited to that shown on such drawing. 2. The term of this grant shall be for twenty (20) years from the date of adoption hereof and thereafter for a period running from month to month at the will of the City. 3. Grantee shall pay to the City as a compensation for such grant the sum of FIVE AND NO/lOC DOLLARS, per year for the duration of this license, with the first year payable on execution of this instrument and a like sum payableon January Ist of each succeeding year for the duration of this license. 4. Payment of the annual fee provided above shall be made by Grantee to City on January lst of each year of this license is in effect. Notice of such fee being due shall be sent to Grantee by the City and upon failure of Grantee to pay such -fee within 30 days from receipt of such notice, the City shall consider such non-payment as a default in this license and the City Council shall determine whether such license shall be considered forfeited and may elect to demand vacation by Grantee. .5. Prior to any construction as authorized by this license, the Grantee shall submit to the City Engineer plans and specifications for the construction to be done, and the Grantee shall not commence construction until such plans and'specifications are approved by the City Engineer and a permit secured from the City Engineer along with a bond as described in Paragraph 8 herein if required. 6. The Grantee agrees to pay all costs arising out *of the exercise of the license herein granted, including but not limited to the replacement and repairing of paving, sidewalks, and utilities of any nature occasioned by the construction as authorized by this license. Grantee shall keep the street, alley and/or sidewalk over such underground construction in such condition and repair that it will be safe for use by the public and in a manner satisfactory to and approvee by the City Engineer, and shall at all times comply with the ordinances of said City regulating the use of space underneath streets, alleys and sidewalks of said City. 7. In the event the City determines that the existence of such use interferes with or causes the re-routing or re -aligning of any public utility, franchised utility, or sanitary or storm sewer line constructed or -to be constructed by the City or franchised utility, Grantee agrees to reimburse the City of Lubbock, or such utility-, as'the case may be, for its expense of such relocating or re-routing over and above the expense which would have been incurred except for Grantee's use herein. 8. This license is made subject to the condition that should the Grantee, his successors or assigns, exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated, under and across any and all of the above set out property, then and in that event said Grantee, his successors or assigns, will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance herein contemplated, and will further replace or repair any. damage and pay in full all losses or expenses that the City of Lubbock may sustain, incur, or become liable for resulting in any manner from the construction, maintenance and use permitted herein. City, at its option, may require an agreement with any contractors hired by Grantee to perform the construction, repair or maintenance permitted herein, which agreement will indemnify 130 .R 111968 the City from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The City may further require such contractor to furnish, without expense to City, a reliable surety bond, in an amount and in the form satisfactory to said City, guaranteeing the faithful performance of all the terms, covenants and conditions con- tained in said agreement and a certified copy of a policy of public liability and property damage insurance within limits specified by, and in a form satisfactory to, said City, covering the contractual liability assumed by contractor in said agreement with City. 9. At such time as this license should be cancelled or revoked for any reason, after the expiration of the primary term, the improvements that are permitted under this license shall be removed by the Grantee and the property restored to its original condition at no cost or expense to the City of Lubbock. In the event Grantee fails or refuses to remove such improvements after demand by City, the.City shall enter possession, and remove or cause to be removed such improve- ments and the expense incurred shall be assessed against Grantee for which Grantee shall be liable. 10. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns, and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the Grantee, his succes- sors or assigns, shall be binding upon the City -of Lubbock without the consent of the City of Lubbock in each instance. 11. Grantee by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and Grantee waives any and all claims in and to the public way he is permitted to use hereby andagrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. ATTEST: LAV , t y-Treasurer /sl Fred 0. Senter, Jr. - FRED 0. SENTER, JR., City Attorney AGREED TO AND ACCEPTED this day of 1968. LICENSEE: Otto Meyer 68-27-130-317 Mr. John McLarty appeared before the City Council concerning purchase by the City of Lubbock, a (39) 65.acre tract of canyon land in southeast Lubbock. This land being owned by Mr. John McLarty, Mr., Marvin McLarty and Mr. John DePauw. Motion was made by Councilman Kastman, seconded by Council- man Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize payment of $15,000 for a twenty-four month option to purchase this tract of land for a total consideration of $125,000 plus payment by the City of taxes and 6% interest. The City to pay in advance upon exercise of option $7,500. In the event the option is exercised, any money paid by the City of Lubbock for the option will be credited against the purchase price. The Mayor being hereby authorized to enter into contract. (See Contract on Page 130B) 68-27-130-318 There was discussion by the City Council of securing right-of-way from Mr. J. C. Davis for widen- (34) ing and repaving 50th Street between Utica Avenue and Salem Avenue. Mr. Davis having proposed to dedicate property on 50th Street for right-of-way on a,five year deferred paving cost agree- ment, provided the City would agree -that if the City at a later date exchanged paving costs for right-of-way with other property owners, it would. also do the same for Mr. Davis. Motion was made by Councilman Kastman, seconded by Councilman Diekemper, motiop carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize execution of a five year paving cost agreement between the City of Lubbock and Mr. J. C. Davis, provided he will dedicate the required right-of-way free of cost.to the City for the widening and repaving of 50th Street from Utica Avenue to Salem Avenue. The City Council also agreed that in the event the City purchases right-of-way for widening and repaving in exchange for paving, it will also pay Mr. Davis but only on 50th Street between Avenue Q.and Slide Road and with a five year time limit and only as long as the contract is not closed that was authorized by Ordinance No. 4970 passed March 31, 1966, and filed for record in Volume 1081, Page 113. In the event Mr. Davis sells or develops his property he is to pay the paving costs immediately upon sale or development. 68-27-130-319 Motion by Councilman.Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (44) Councilmen Granberry, Kastman, Diekemper.; and Medlock voting Yea, none voting Nay to authorize rechannelization of drainage in the vicinity of 22nd- Place and Oxford Avenue at an estimated cost of $12,000. The water to be rechanneled to reach Maxey Park Lake. Said drainage water now drains into Maxey Park. 68-27-130-320 Motion was made by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor (38) Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock vot-ing Yea, none voting Nay to authorize ratification of contract agreement with Pioneer Pavers for emergency run -way repairs at Lubbock Municipal Airport. The cost estimate, proposal of Parkhill Smith and Cooper and other information is set out below. Ll 68-27-130-321 Bids as follows were received for the -purchase of 10,000 feet of Copper Service Pipe - 1000 (40) adapters, being Bid No,,. 229. Bid Tabulation set in Bid Book. 130A APR 11 19E C 69'-27-130-320 (38) oc% IN. _. _7) f ,.._. .-� , �..,: I .� t^'i771 ^ 71 G. W. PARKHILL M. R. SMITH. JR. ' N S U L T G E N G I N E E R S S. C. COOPER, 1907 - 1965 H. B. REAVES _ J. R. STEELE C. A. GREEN C. L. KIDWELL ::::i AVENUE R M L116BOCK, TEXAS 79445 • PHONE 806-PO 3-0407 1 April 4, 1968 aC a_4.l o,- Ai+�c.L 10 I1 l� i _y o.. Lubbock s - Lox 201 :. ;!)bock, Texas 79415 .Doan Ed: ':,_ansr,itted herewith is a copy of a letter from Pioneer Pavers which states tl:e ex —lent of the work and estimated cost for repair of the NIS runway and '...1Niway A. .e work involved is the same as previously discussed in meetings with you. areas involved in each project were determined by a field survey. '-he estimnated costs -are as follows: Re?air of NIS Runway $ 7,000 ..epair of Taxiway A _ 6,765 Estimated Construction Cost 13,765 Engineering and Contingencies 2,065 Total Estimated Cost $15,830 costs will be based on invoices of material, plus labor and equipment to the project. W e reco,...�.end that this price be accepted and that the work described be ac- co:. for repair of the runway and taxiway. S incc, -Y S:., & COOPER, INC. �G D, NoucCes , L '7 . E. APR 1 i fgn 0 OPTION CONTRACT FOR PURCHASE OF LAND THE STATE OF TEXAS I COUNTY OF LUBBOCK I KNOW ALL YEN BY THESE PRESENTS: THIS CONTRACT between MARVIN G . McLARTy, JR. , JOHN DePAUW and JOHN McLARTY of the County of Lubbock hereinafter called "Vendor" and the CITY OF LUBBOCK, a home rule corporation, acting by and through its mayor, of the County of Lubbock, hereinafter called "Pur- chaser", by which Vendor agrees to sell to Purchaser and Purchaser agrees to buy from Vendor the property below described, WITNESSETH: 1. That Purchaser has agreed, and does hereby agree, to take by conveyance from Vendor a certain tract of land situated in Lubbock, Lubbock County, Texas, and described as follows: A tract or parcel of land, being 72.36 acres of land, more or less, out of the South One-half (S �2-) of Sec- tion Number Three (3) in Block "O", E.L. & R.R. R.R. Co. Survey, Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at a 3/4" iron pipe set 1327 feet West and 248 feet North of the S.E. Corner of Section No. 3, Block 11011, for the S.E. Corner of this survey; said pipe is in the North ROW line of East 19th Street (New Highway) and the West line of McDonald Tract; THENCE South 84 deg. 47 min. West 421.5 feet with the North ROW line of Highway to a point; THENCE South 88 deg. 2 min. West along a line 100 feet from and parallel to Center Line of Highway as staked on the ground by the Texas Highway Dept. En- gineers, 337.4 feet to a point; THENCE North 74 deg. 00 min. West, 205.6 feet to a point; TzM,NCE South 88 deg. 2 min. West along a line 150 feet from and parallel to the Highway Center Line as staked on the ground by the Texas I3ighway Dept. Engineers, 131.5 feet to 1" iron pipe set at point determined as Center of Creek by said Highway En- gineers, the South -Southwest corner of this Survey; Page-1 1301 APR 11 19 71 L L L 69=27-130-320 (38) r� CX -" ti S L3 L T N G E N G 1 N E E 5 ... W N I..i M -01 ,\vtvUE R a LUMbOCK. TEXAS 7941E • PHONE: 806-PO 3-0407 1 Colby 4 _1 0Z LLiboOck Le .} - Bo:, 201 c;.c, Texas 79415 Doar Ed: G. W. PARKHILL M. R. SMITH. JR. S. C. COOPER, 1907 - 1968 H. R. REAVES J. R. STEELE C. A. GRLF N C. L. KIDWELL ,April 4, 1968 �s_<<,s.;ittert hert+cai.th is a copy of a letter from Pioneer Pavers which states t:;c ex:.e:1t of the work and estimated cost for repair of the NIS runway and ,axiway A. T-:e work involved is the same as previously discussed in meetings with you. areas involved in each project were determined by a field survey. :,e estimated costs .are as follows: Re;,air of NIS Runway $ 7,000 :tepuir o Taxiway A 6-7.65 Estimated Construction Cost 13,765 c...gineering and Contingencies 2,065 Total Estimated Cost $15,830 Act -,.a costs wi'l be based on invoices of material, plus labor and equipment c:,ar6eu to the project. .�e rec. -send th::t this price be accepted and that the work described be ac- co,;,,.,...�..ed Lor repair of the runway and taxiway. S �rnc-- -y, :}.. S: - . & COOPER, INC. ..c. D. i;�,-,c4s, P.E. t APR 11 1968 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 Morrison Supply Company tot the purchase of Item 1. Accept the bid of Fields and Company for the purchase of Item 2. 68-27-131-322 - Bids as -follows were received for the purchase of Valves and Corporation Stops (Warehouse Stock) (40a) being Bid No. 230. 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 M. B. McKee Company for purchase of Items 6 and 7. Accept the bid of Alamo Machine & Supply Company, Waco, Texas, for purchase of Item 8. Items 1 - 5 were not brought of the City Council for awarding because of the total purchase price being less than $2,000.. 68-27-131-323 Bids as follows were received for the purchase of truck cab & chassis equipped with utility body (41) and aerial lift (Traffic Engineering), being Bid No. 232. Bid Tabulation. set in' Bid• Book. After consideration of all bids received,motion was made by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay,' to authorize acceptance of the bid of Helton Hodges Motor Company, Livingston, Texas, for purchase of truck for Traffic -Engineering. 68-27-131-324 NOTICE TO'BIDDERS (44) Sealed proposals addressed to Floyd Nesbitt, Purchasing Agent, City of Lubbock, Texas, will be received at the office of the Purchasing Agent, until 10:00 A.M. April 2, 1968, for the repair of the coliseum and auditorium roof. The City Council will consider the bids on April 11, 1968 at the City Hall subject to the right to reject any or all bids and to waive formalities. Bids may not be withdrawn after they are submitted. Bidders are required to submit a cashier's or certified check, or bid bond in the amount of 5% of the total bid and the successful bidder shall provide bond in the full amount of the contract price executed by a surety company author- ized to do business in Texas. Plans and specifications are on file in the office of the City Engineer, Lubbock, Texas. CITY OF LUBBOCK, TEXAS BY /s/ Floyd Nesbitt Floyd Nesbitt, Purchasing Agent Bids as follows were received for Roof Repair for Auditorium -Coliseum, being Bid No. 233. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Texas Roofing Company for roof repair to Auditorium -Coliseum. 68-27-131-325 Bids as follows were received for the purchase of Traffic Signal Equipment being Bid No. 234. (43) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Econolite Signal Company, Ft. Worth, Texas, for purchase of Items 1 and 6. Accept the bid of Signal Engineering Company, Houston, Texas, for purchase of Items 2, 3, 4, and 5. 68-27-131-326 Motion by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers (43a) and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to pass Ordinance No. 5443 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5443 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: Traffic There is hereby appropriated out of the following described bond fund, to -wit: /Signal Bond Fund The sum $28,796.45 For the following purpose: Signal Material 132 APR 11 1968 1. Signal heads 113 $10,915.47 2. Signal Pole Structures 48 $14,993.44 3. 5000 Ft. 14 Conductor Cable $ 1,397.00 4. 5000 Ft. 10 Conductor Cable $ 1,067.00 5. 6000 Ft. 3 Conductor Cable _$ 423.54 TOTAL $28,796.45 68-27-132-327 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (45) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea., none voting Nay to pass Ordinance No. 5453 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5453 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: Paving revisions on 22nd Place between Oxford Avenue and Peoria Avenue revised to carry diverted drainage. The reason for this change is the St. Mary's Hospital's closing of Oxford Avenue, 22nd Place to 24th Street.. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, APRIL 11, 1968. ATTEST: LAVENfA LOWE, City cretary-Treasurer READ AND APPROVED THIS THE 9TH DAY OF MAY, 1968. ATTEST: LAVENA LOWE, City cretary-Treasurer