HomeMy WebLinkAboutMinutes - City Council - Regular - 4/25/1968114
APR 2 5 1968
April 25, 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
68-27-142-336 Invocation was given by Director of Public Services Al Couch.
(1)
68-27-142-337 Mr. Ray Chapman appeared before the City Council requesting information as to construction of a
(4) building on Avenue X between 19th Street and 20th Street to house McDonald Hamburgers. Mr.
Chapman stated to the City Council that McDonald Hamburgers has taken an option to purchase pro-
perty at this location.' The City Council stated to Mr. Chapman that the City will buy the
required right-of-way to widen Avenue X at this location provided the City Council is given proof
of the purchase of this tract of land for construction of this building by McDonald System Incor-
porated.
68-27-142-338 Mr. Bob Torrance appeared before the City Council requesting the opening of Fordham Street east
(5) and west between Avenue X and Avenue W. Mr. Torrance stated to the City Council that theywould
be willing to enter a to paving agreement provided the other property owners would be willing to
pave. Mr. Torrance/s aged to the City Council that he would give the necessary drainage easement
to the City if the City finds it necessary to construct additional drainage facilities in this
area. The City Council assured Mr. Torrance that an effort would be made to clear the right-of-
way for the opening of this street.
68-27-142-339 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(5a) 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 Contract of Sale of Land with Lubbock Industrial
Foundation, 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. P1 _
Passed by the City Council this 25th day of April, 19
ATTEST:
I'
LAVENIA LOWE, City Secret ry-Treasurer
APPROVED:
/s/ Fred 0. Senter, •Jr. _
FRED 0. SENTER, JR., City Attorney
CONTRACT OF SALE OF LAND
THE STATE OF TEXAS - X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK I
This contract, made and entered into this the 25th day of April, 1968, by and between the
City of Lubbock, a Home Rule M►inicipal Corporation of Lubbock County, Texas, hereinafter
referred to as "Seller", and Lubbock Industrial Foundation, a Texas non-profit corporation, with
its principal place of business at Lubbock, Texas, hereinafter referred to as the "Purchaser",
WITNESSETH•
The Seller agrees to sell and the Purchaser agrees to buy the land hereinafter described
upon the following terms and conditions, to -wit:
I.
The land which is the subject of this contract is out of the Northwest Quarter of Section
No. 5, Block A, in Lubbock County, Texas, and is approximately 3.9 acres of land, more or less,
in approximately a triangular shape, the same being bounded on the North by Loop 289, on the
West by Quirt Avenue, and on the South by the right-of-way line of the Panhandle and Santa Fe
Railroad.
I9
APR 2 5 i;
C
r
r
F
II.
It is understood that the acreage as set out above is approximate and that the purchase
price stated herein shall be paid for the actual acreage to be determined by a survey hereafter
made.
The Purchaser agrees to pay -for the above described land the sum of $600.00 per acre, pay-
able in cash at the time the transaction is completed and deed is delivered to the Purchaser.
- The acreage to be determined by survey to be made at Purchaser's expense.
IV.
Seller agrees to convey said land to Purchaser by Special Warranty Deed, subject to easement:
if any, for -water, gas, and other underground utility lines, electric power lines, and other over-
head utility lines whether -or not recorded or unrecorded in the Deed Records of Lubbock County,
Texas, or apparent on the ground, and other exceptions, reservations, and conditions hereafter sei
forth -in paragraphs number X and XI.
V.
Seller agrees promptly to furnish to Purchaser a full, complete, certified Abstract of Title
to the above described property certified to current date. Purchaser agrees to submit to Seller
in writing its objections, if any, to said title, within ten (10) days from the receipt of said
abstract. Seller shall have a reasonable time, not to exceed ninety (90) days from the date of
this contract within which to cure or remove said objections. If the title to said property, as
shown by the abstract, is not good and merchantable, and the objections thereto are not cured or
removed by the Seller in the manner and within the time herein stated, Purchaser shall have the
right to declare this contract at an end, or at Purchaser's option may waive said objections and
consummate this -contract; these are the only alternatives available to Purchaser in the event
said title is not merchantable.
VI.
Purchaser's failure to make objections to said title within ten (10) days time shall be con-
strued as an acceptance of said title.
VII.
In the event Seller is unable to meet any valid legal objection, or elects not to meet any
objection, Purchaser may waive any objections and accept
title as reflected in the abstract submitted in accordance with this contract.
VIII.
Upon payment in full by the Purchaser to the Seller of cash payment hereinabove specified,
and upon full performance by the Purchaser of all other obligations imposed upon it by this con-
tract, then the Seller shall execute and deliver to the Purchaser its Special Warranty Deed con-
veying the said land and premises -to the Purchaser subject to the stipulations contained in this
contract.
IX.
Purchaser certifies that it has, acting through its officers and agents, examined said pre-
mises prior to and as a condition precedent to its acceptance and execution of this contract and
is satisfied with the physical condition of said premises, and agrees that its acceptance of a
deed hereafter shall be conclusive evidence of the receipt of -said premises in condition satis-
factory to Purchaser, and Purchaser agrees and admits that no representation as to the condition
or repair of said premises has been made by the Seller or any one representing Seller, and like-
wise agrees and admits that no agreement or promise to alter, repair, or improve said premises
has been made by the Seller or anyone acting for and on -behalf of the Seller.
X.
It is expressly agreed and understood by Purchaser that Seller reserves from the lands here-
in described a tract of land 50' x 50' .in dimensions with the Seller's water well now situated
upon said land located in the center of said tract, the same being in the West part of the land
described in Paragraph I above. The description of such excepted tract of land to be determined
by a survey at the expense of Seller, and to be specifically described in the conveyance herein
contemplated.
XI.
The conveyance to Purchaser shall likewise be- subject to the following express covenants,
conditions, exceptions, and reservations to be made and expressed therein:
(1) The Seller shall reserve the right of ingress -and egress to operate, maintain, and/or
reconstruct any portion of all of its electric supply line and other utility lines, the exact
description of which will be more particularly described in the herein anticipated conveyance.
Provided further, however, that the location of such lines shall be limited to the areas where
they are now located and once the exact description of such locations is determined, Purchaser
may then determine the acceptability thereof and may; at its option, cancel this contract if the
same is unacceptable.
(2) Seller shall reserve -unto itself in fee simple all of the underground water, oil, gas
and other minerals in, under -and that may be produced from said land.
(3) In the form of a restrictive covenant running with the land, Seller may require
l4
P, 2 5 1968
underground water.
(4) -In addition to -the other easements hereinabove described, Owner reserves an aviation
easement over all the land and shall include, but not -be limited to, waiver of any and all damages
which may be causes by noise, vibration, dust, smoke, fumes, or other damages arising out of or
by virtue of the flight of aircraft landing and taking off from the Lubbock Municipal Airport by
whomsoever owned and operated in, through and across air space above the lands herein conveyed.
Maximum height for construction of improvements upon the land hereunder contract is limited to
fifty (50) feet above the ground -level. Purchaser shall refrain from any use of this land which
would result in electronic.interference with aircraft navigation or communication and from any
maintenance of external lighting which interferes with flights to or from Lubbock Municipal Air-
port.
XII.
The Seller anticipates and Purchaser agrees that there may be a necessity to use a part or
parcels of the land included,in this agreement for public municipal purposes, and Purchaser
specifically and specially agrees with Seller that if in -fact, such an actual need for public
municipal purposes arises, and Seller gives to Purchaser written notice of such need, then
Purchaser agrees and obligates itself to re -convey to Seller such of said property as may at the
time of receipt by Purchaser of such notice be still owned by Purchaser and not then underwritten
contract of sale and the consideration for such reconveyance shall be on the same basis as the
purchase price herein stated, -namely, at the rate of $600.00 per acre. Such re -conveyance shall
be accomplished within thirty (30) days after receipt of such notice by Purchaser.
EXECUTED IN DUPLICATE on the date herein
ATTEST
i
LA LA LOWE, City Secretary -Treasurer
first above written. t
CITY 0
Bv:
W. D. ROGERS, JR., Ma
.01
LUBBOCK INDUSTRIAL FOUNDAnON
ATTEST:
By:
President
Secretary
68-27-144-340 Mr. Bill Smith, Chairman of the City -County Welfare Board, appeared before the City Council and
(6) presented recommendations of the City -County Welfare Board for policy changes. Mrs. Rosa Settle
was also present in the City Council Chamber for this presentation. After consideration of all
information presented, motion was.made by Councilman Medlock, seconded by Councilman Kastman,
motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea,
none voting Nay, to authorize ratification of the County Commissioners Court_ action with the
exception of the word "Doctor" in Paragraph VIII.B.1.(10). This word has been changed to "Physician".
These revisions are effective May 1, 1968. Revisions being as set out below:
Page 4:
V. Changes in this section should read:
E.
7.
8.
b. Real property in excess of a homestead or on which the client is not living
excludes him from assistance if it has a net saleable value of as much as
$300.00 per, family.
b. Personal property which is liquidable with a net resale value of as much as
$150.00 excludes the client from assistance except that household items are
exempt from consideration.
Changes on Page 9
1. Change amounts as follows:
(1) One -Member families, $205.00
(2) Two -Member families, $230.00
(3) Three -Member families $255.00
(4) Four -Member families $280.00
(5) Five -Member families $305.00
(6) Six -Member families $330.00
(7) Seven -Member families $355.00
(8) Eight -Member families $380.00
(9) Nine -Member families $405.00
(10) Ten -Member families $430.00
(Add $25.00 per additional person for larger families. The number in family
shall include any unborn child as verified by a physician.)
Changes on Page 15:
VIII.
E. Change this sentence to read:
8. Dental Care
The Department will depend entirely upon services offered in the Lubbock City -
County Health Department Dental Clinic for dental care of recipients, but in
unusual and borderline situations emergency help may be given.
e-
APR 2 5
r
a
P�,
r
68-27-145-341 Motion by Councilman Medlock; seconded by Councilman Granberry, motion carried, Mayor Rogers and
(7) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance
No. 5442 be passed on second and final 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.
68-27-145-342 Motion by Councilman Medlock, seconded by Councilman Granberry, motion carried, Mayor Rogers and
(8) Councilmen Granberry, Kastman, Diekemper,.and Medlock voting Yea, none voting Nay, that Ordinance
No. 5443 be passed on second and final reading,
AN APPROPRIATION ORDINANCE ORDINANCE NO. 5443
68-27-145-343
(9)
68-27-145-344
(10)
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: Signal Bond
Fund
The sum $28,796.45
For the following purpose: Signal Material
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
Motion by Councilman Medlock-, seconded by Councilman Granberry, motion carried, Mayor Rogers and
Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance
No. 5444 be passed on second and final 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 tc
be located on the Estacado High School Campus. This baseball diamonc
will be'used by the public schools and the Park & Recreation Depart-
ment.
Motion by Councilman Medlock, seconded by Councilman Granberry, motion carried, Mayor Rogers and
Councilmen Granberry, Kastman, and Medlock voting Yea, Councilman Diekemper voting Nay, that
Ordinance No. 5445 be passed on second and final reading.
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 1 - 22' x 22' x It"
Athletic Mat to be placed in four Community Centers.
68-27-145-345 Motion by Councilman Medlock, seconded by Councilman Granberry, motion carried, Mayor Rogers and
(11) Councilmen Granberry, Kastman, Diekemper., and Medlock voting Yea, none voting Nay, that Ordinance
No. 5447 be passed on second and final reading.
-46
R 2 5 1968
AN APPROPRIATION ORDINANCE ORDINANCE NO. 5447
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 I9th 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
68-27-146-346 Motion by Councilman Medlock, seconded by Councilman Granberry, motion carried, Mayor Rogers and
(12) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance
No. 5448 be passed on second and final 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 Facilities and
City's preconstruction costs on proposed Water Reclamation Plant.
68-27-146-347 Motion by Councilman Medlock, seconded,by Councilman Granberry, motion carried, Mayor Rogers and
(13) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance
No. 5451 be passed on second and final reading. 0
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.
68-27-146-348 Motion by Councilman Medlock, seconded by Councilman Granberry, motion carried, Mayor Rogers and
(14) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance
No. 5452 be passed on second and final reading.
AN APPROPRIATION ORDINANCE ORDINANCE NO. 5452
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 Fund
The sum $4,673.00
For the following purpose: To purchase parts and equipment for converting engines to Triple
Combination.
68-27-146-349 Motion by Councilman Medlock, seconded by Councilman Granberry, motion carried, Mayor Rogers and
(15) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none -voting Nay, that Ordinance
No. 5453 be passed on second and final 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;
I
APR 2 5
r
r
r
fr
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
The sum $12,000.00 Improvement Fund
For the following purpose: Paving revisions on 22nd Place between Oxford Avenue and Peoria Avenc
revised to carry diverted drainage. The reason for this change is tt
St. Mary's Hospital closing of Oxford Avenue, 22nd Place to 24th
Street.
68-27-147-350 Motion by Councilman Medlock, seconded by Councilman Granberry, motion carried, Mayor Rogers and
(16) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance
No. 5446 be passed on second and final reading.
68-27-147-351
(17)
68-27-147-352
(18)
ORDINANCE NO. 5446
AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS,
ENTITLED "MOTOR VEHICLES AND TRAFFIC", BY AMENDING SECTION 18-60 TO MAKE IT UNLAWFUL FOR ANY
PERSON OPERATING A MOTOR VEHICLE TO MAKE A LEFT TURN ACROSS A PAINTED TRAFFIC ISLAND OR A RAISED
MEDIAN DIVIDER; PRESCRIBING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion by Councilman Medlock, seconded by Councilman Granberry, motion carried, Mayor Rogers and
Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting May, that Ordinance
No. 5424 be passed on second and final reading.
ORDINANCE NO. 5424
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF•AUBU$N 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 Medlock, 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
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 fo
and on behalf of the City of Lubbock a QUIT CLAIM DEED to Lubbock Independent School District,
attached herewith which shall be spread upon the minutes of the Council and as spread upon the
minutes of the Council shall constitute and be a part of this Resolution as if fully copied herei
in detail.
Passed by the Council this 25th day of April, 1968.
ATTEST:
pzm
LAVENLKI LOWE, City ecreta y-Treasurer
APPROVED:
/s Fred 0. Senter. Jr.
FRED 0. SENTER, JR., City Attorney
QUIT CLAIM DEED
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK I
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 N0/100 ($1.00) DOLLARS, and other good and
valuable consideration to it in hand paid by Lubbock Independent School District, the receipt of
which is hereby acknowledged, does by these presents BARGAIN, SELL, RELEASE and forever QUIT
CLAIM unto the said Lubbock Independent School District, its successor's 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:.
TRACT I - Auburn Street (Closed Portion)
BEGINNING at the Southeast corner of Lot 12, Block 63, Kise Subdivision of the Roberts and
McWhorter Addition to the City of Lubbock, Lubbock County, Texas;
THENCE West 227.55 feet to a point in the South line of Lot 13 of said Block 63 said point
being in the East right of way line of Avenue Q North Drive;
THENCE South 80 21' West along said right of way line to a point in the North line of Lot
30, Block 62, Norwood Subdivision of said Roberts and McWhorter Addition;
THENCE East 236.36 feet to the Northeast corner of Lot 1 of said Block 62;
R 2 5 ISGS
THENCE North 60 feet to the POINT OF BEGINNING.
TRACT II - Alley in Block 63,Kise _Subdivision (Closed Portion)
BEGINNING at the Southwest corner of Lot 12, Block 63, Kise Subdivision of said Roberts and
McWhorter Addition;
THENCE North 20 feet;
THENCE West 12 feet;
THENCE South 20 feet to the Southeast corner of Lot 13 of said Block 63;
THENCE East 12 feet to the POINT OF BEGINNING.
TRACT III - Alley in Block 62 Norwood Subdivision (Closed Portion)
BEGINNING at the Northwest corner of Lot 1, Block 62, Norwood Subdivision of said Roberts
and McWhorter Addition;
THENCE South 600 feet to the Southwest corner of Lot 15-of said Block 62;
THENCE West 12 feet to the Southeast corner -of Lot 16 of said Block 62;
THENCE North 600 feet to the Northeast corner of Lot 30 of said Block 62;
THENCE East 12 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 Lubbock Independent School District,
its successors and assigns forever, so that the said City of Lubbock, nor 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 apart thereof. A
WITNESS MY HAND this 25th day of April, 1968.
W. D. ROGERS, JR. , Ma}iiq�
ATTEST:Am
LAVENIA OWE, City ecreta y-Treasurer
APPROVED:
Isl Fred 0. Senter, Jr.
FRED 0. SENTER, JR., City Attorney
68-27-148-353 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carri-ed, Mayor Rogers and
(19) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance
No. 5459 be passed on first reading.
AN APPROPRIATION ORDINANCE ORDINANCE NO. 5459
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 $12,037.00
For the following purpose: For the purchase of Truck Cab and Chassis equipped with
utility body
68-27-148-354 Motion by Councilman
and aerial bucket.
Kastman, seconded by Councilman Medlock, motion carried, Mayor
Rogers and
(21a) Councilmen Granberry,
Kastman, Diekemper, and Medlock voting Yea, none voting Nay,
that the
following resolution
be passed.
RESOLUTION
BE IT KNOWN that on this the 25th day of April, 1968, at a regular meeting of the governing
body of the City of Lubbock, Texas, there came on to be considered.the matter of the execution
of a license between the said City of Lubbock, Texas, -and THE ATCHISON, TOPEKA AND SANTA FE RAIL-
WAY COMPANY, relating to a Pipe Line at or near said City of Burris, Texas, whereupon the follow-
ing proceedings were had:
It was moved, seconded and unanimously voted that W. D. Rogers, Jr., Mayor, be authorized
and empowered to execute on behalf of the City of Lubbock, Texas,. such license, copy of which is
hereto attached, and the same be recorded in the Minutes of the City Commission at the foot of
this resolution.
-------------------- ------
STATE OF TEXAS X
COUNTY OF LUBBOCK
I
APR 2 5 19
F1
r
F
F-��
and correct copy of a resolution passed by the City Commission of 'said City in regular session o
April 25, 1968, as the same appears of record in Book 27, Page 148, Minutes of said City Commis-
sion.
IN TESTIMONY WHEREOF, witness my hand and the Seal of SaR�z
25t z
of April, 196
LAVENIA LOWE, City Secreta -Treasurer
PIPE LINE LICENSE
THIS LICENSE, Made this 16th day of April, 1968, between THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY, a Kansas Corporation (hereinafter called "Licensor"), party of the first part,
and THE CITY OF LUBBOCK, TEXAS, a municipal corporation(hereinafter, whether. one or more, called
"licensee"), party of the second part.
WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant
and agree as follows:
1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee tc
construct and maintain one (1) pipe line, 260.2 feet in length -and 33 inches in diameter (herein-
after, whether one or more pipe lines, called the "PIPE LINE"), across or along the right of way
of Licensor at or near the station of Burris,.Lubbock County, Texas, the exact location of the
PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No.
DEOS-8562, dated April 16, 1968, marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying water and shall not use it to cam_
any other commodity or for any other purpose whatsoever.,
3. Licensee shall .pay Licensor as compensation for this license the sum of One and No/100t1
Dollars ($1.00)..
4. Licensee shall, at its own cost and subject to the supervision and control of Licensor':
chief engineer, locate, construct and maintain the PIPE LINE in such a manner and of such materiz
that it will not at any time be a source of danger to or interference with the present or future
tracks, roadbed and property of Licensor, or the safe operation of its railroad. In cases where
the Licensee is permitted under -paragraph 2 hereof to use the PIPE LINE for oil, gas, petroleum
products. -or other flammable or highly volatile substances under j2ressure, the PIPE LINE shall be
constructed,.installed and thereafter maintained in conformity with the plans and specifications
shown on print hereto attached in such cases, marked Exhibit B and made a part hereof. If at an}
time Licensee shall, in the judgment of Licensor, fail to perform properly its obligations under
this paragraph, -Licensor may, at its option, itself perform such work as it deems necessary for
the safe operation of its railroad, and in such event Licensee agrees to pay, within fifteen (15)
days after bill shall have been rendered therefor, the cost so -incurred by.Licensor, but failure
on.the part of Licensor to perform the obligations of Licensee shall not release Licensee from
liability hereunder for loss.or damage occasioned thereby.
5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work tc
support Licensor's tracks and for flagman to protect its traffic during installation of the PIPE
LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE.
6.. Licensee shall -at all times indemnify -and save harmless Licensor against and pay in full
all loss, damage or expense that Licensor may sustain, incur or become liable for, resulting in
any manner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE
including any such loss, damage or expense arising out of (a) loss of or damage to property, (b)
injury to or death -of persons,. (c) mechanics', or other liens of any character, or (d) taxes or
assessments of any kind..
7. If at any time Licensee shall fail or refuse to comply with or carry out any of the
covenants herein contained Licensor may at its electionforthwith revoke this license.
8. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition
that the same may be terminated at any time by either party upon ten (10) days' notice in writing
to be served upon the other party, stating therein the date that such termination shall take
place, and.that upon the termination of this license in this -or any other manner herein -provided,
Licensee, upon demand of Licensor, shall abandon the use of the PIPE LINE and remove the same
and restore the right of way and tracks of Licensor to the same condition in which they were
prior to the placing of the PIPE LINE thereunder. -In case Licensee shall fail to restore Licenso
premises as aforesaid within tep (10) days after the effective date of termination, Licensor may
proceed with such work at the expense of Licensee. No termination hereof shall release Licensee
from any liability or obligation,hereunder, whether of indemnity or otherwise, resulting from
any acts, omissions or events happening prior to the date the PIPE LINE is removed and the right
of way and track of Licensor restored as above provided.
9. In the case of the evictiop of -Licensee by anyone owning or obtainint title to the pre-
mises on which the PIPE LINE is located, or the sale or abandonment by Licensor of said premises,
Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any
payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring
rental charge which may-have•.been paid hereunder -in advance. .
10. Any notice hereunder to be given by Licensor to'Licensee shall be deemed to be properly
served if it be deposited in the United States Mail, postage prepaid, addressed to Licensee at
P. 0. Box 2000, Lubbock, Texas 79408. Any notice to be given hereunder by Licensee to Licensor
shall be deemed to be properly served if the same be deposited in the United States Mail, postage
prepaid, addressed Licensor's Division Superintendent at 330 North Railroad Avenue, Slaton, Texas
79364.
11. In the event that two or more parties execute this instrument as Licensee, all the
covenants and agreements of Licensee in this license shall be the joint and several covenants
5
25 1968
12. All the covenants and provisions of this instrument shall be binding upon and inure to
the benefit of the successors, legal representatives and assigns of the parties 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 Licensee, its successors, legal representatives or assigns, or any subsequent
assignee, shall be binding upon Licensor without the written consent of Licensor in each instance.
IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year
first above written.
Approved as to Description:
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY CO.
(Licensor)
By. Isl J. P. S ears
Its Superintendent
Ls/ C. G. Nelson
For Chief Engineer.
THE CI U K T S
By ' & r
W. D. 0GERS, JIL, o
68-27-150-355 Motion by Councilman Granberry, seconded by Councilman Diekemper, motion cart' May Rogers
(20) and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none vot g Nay,_that the
following resolution be passed.
RESOLUTION
WHEREAS, the City Council has heretofore determined that the City would contribute the
customary City portion of the cost of street paving improvements, as determined by City of
Lubbock paving policy, to be constructed in accordance with the standard City of Lubbock street
plans and specifications as approved by the City Engineer, and the owners of property abutting the
East 1/2 of Temple Avenue from Auburn Street to the Clovis Road, have requested permission to
have pavement improvements constructed on the aforementioned avenue and the paving of said avenue
is needed to prdvide access to the area during its construction period, and the City Engineer has
approved the plans and specifications for such improvements, and,
WHEREAS, the -owners of the property abutting on the herein described street will contract
separately with a competent contractor for the above street improvements, and said improvements
will.be constructed in accordance with the abovementioned plans and specifications under the
supervision of the City Engineer, and the said owners desire that the City contribute its custo-
mary share towards such paving, and,
WHEREAS, the contract cost of the paving improvements will not exceed $1,691.01, the total
cost not over $1,775.56, and the City's share in connection therewith would not exceed $105.00,
leaving the property owner's portion not to exceed $1,670.56, such costs being well within the
current prices for paving obtained by competitive bidding, and that such payment to be made by
the City is reasonable, fair, and gust to the abutting property owners, the City and all other
persons affected thereby, and that the sum of $105.00 will be duly budgeted, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and
specifications for paving on the avenue herein described, provided that such plans and specifica-
tions meet the usual requirements for paving on streetstd.thin the corporate limits of the City of
Lubbock; said streets being as follows, to -wit:
The East 1/2 of Temple Avenue from,its intersection with a line 13 feet South of the South
property line of Auburn Street to its intersection with the North paving line of Clovis Road,
known and designated as sub unit number 38 of unit number 2180.
The'City Engineer is* further authorized and directed to duly inspect said paving construction
on said avenue and to require strict compliance with the approved plans and specifications, and
upon completion of said paving, and upon final approval by the City Engineer and acceptance of
such improvements by the City Council, the City Engineer is authorized to pay the contractor in
full and final payment of the City's share of the cost of the abovementioned improvements a sum
not to exceed $20.45 which is'the City's share ($105.00) less $84.55'engineering, leaving the !,
amount due the contractor from the property owners not to exceed $1,670.56.
Section,2. This authority is conditioned that the owners of abutting property and the con-
tractor will pay for all material and labor and costs incidental to such construction, indemnify
the*City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and
that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his
sub -contractors, if any, -are adequately covered by -public liability and property damage insurance
policies, that the said owners of abutting property will cause such paving to continue to be done
according to the approved plans and specifications, and that upon completion thereof and final
approval of the City Engineer, all improvements designated herein shall be a permanent part of
said avenue and the property of the City of Lubbock, without any liability whatsoever, except for
the payment of a sum of $20.45 to the contractor.
On motion of Councilman Granberry, seconded by Councilma kem r, he foregoing esolu-
tion was unanimously passed by the City Council this 25th � �A il, 19
W 2 :—
W. D. ROGERS, JR.,
III
ATTEST:
Awl
LAVENIA LOWE, City Secretar
The owners of abutting property on the abovementioned street, and Pioneer Pavers, Inc., Contractor,
I
APR 2 5
r
I
f
r
do hereby accept and agree to fully abide by the foregoing provisions for the considerations
therein stated.
Approved:
LsLSamuel W. Wahl
Samuel W. Wahl, City Engineer
Approved:
Js/ Fred 0. Senter, Jr.
Fred-O. Senter, Jr., City Attorney
By.
68-27-151-356 The City Council considered purchase of right of way for widening Indiana Avenue between 19th
(22) Street and 34th Street and the Right of Way Agent and City Engineer were instructed to proceed
with negotiations.
68-27-151-357 Mr. James G. Marshall appeared before the City Council requesting that the drainage water from
(31) Green Acres..lake be drained into the new storm sewer constructed in this area. Mr. Marshall
requested that a valve be installed in this area to require the water from the Green Acres area
to drain into the new storm sewer. After discussion with Mr. Marshall the request was taken
under advisement.
68-2.7-151-358 Mayor Rogers.requested the City Staff at the next City Council meeting an May 9, 1968, to come
(32.) forth with an excelerated program to employ .a greater number of teenage boys of all nationalitie
regardless of race, creed or color for part time jobs this summer. Mayor Rogers stated that a
number higher than last summer be•empl.oyed, a peak of 149 and a low of 68 was employed by the Ci
last summer. Mayor Rogers requested that the City of Lubbock make an effort to get all govern-
mental agencies and business firms in the City of Lubbock to employ as many teenagers as possibl
during the summer months. Councilman Diekemper suggested that the City make an effort to employ
as many as-500 teenagers during the summer months, and asked that consideration be given to
employment of a larger number of teenagers and if necessary limit the time.of employment to a
shorter term.
68-27-151-359 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(20a) 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 STREET USE LICENSE attached herewith which shall be
spread upon the minutes of the Council and as spread upon the minutes of this Council shall con-
stitute and be a part of this Resolution as if fully copied herein in(Z&,ail. A
Passed by the City Council this 25th day .of April, 1968.
s
ATTEST:
LAVKC(IA LOWE, Cit)f Secre ary-Treasurer
APPROVED:
FRED 0. SENTER, JR., City -Attorney
STREET USE LICENSE
THE STATE OF TEXAS X
COUNTY OF.LUBBOCK . X
W. D. ROGERS, JR.,.1
11
This indenture made this 25th day of April, 1968, between the City of Lubbock, Texas, a
Home Rule Municipality, hereinafter called "CITY" and BILLY MEEKS, hereinafter called "GRANTEE".
WITNESSETH:
Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas, does
hereby grant unto Grantee, its successors and assigns, the right privileges and license to con-
struct; occupy and maintain gas lights within the parkway area of the public street adjacent to
Lots 16, 17, 18, 19, 20, 24, 25 and 26 of said Alexander -Land Addition to the City of Lubbock,
Lubbock County, Texas.
1. The installation of the gas lights shall be made by Pioneer Natural Gas Company and
shall be located 2 feet from the outside curb line and shall be placed approximately 50 feet apart
The gas lights shall be 6 feet in height from ground level to the top of the light and the posts
will be set in concrete. The gas supply line shall be.3/4 inch X-Trucote steel pipe and set
approximately 24 inches deep.
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/
100 ($5.00) DOLLARS, per year for the duration of this license, with the first year payable on
execution of this instrument and a like sum payable on January 1st of each succeeding year for
the duration of this license.
12
25 1968
4. Payment of the annual fee provided above shall be made by Grantee to City on January 1st
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 thepublic 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.
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, Granteeagrees to
reimburse the City of Lubbock, or such -utility, as the case may be, for its expense of such re-
locating or rerouting over and above the expense which would have been incurred except for Grantees
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 whatso-
ever kind or nature which may grow out of or be related to the making -of this license or the con-
struction 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 frgm the construction, maintenance and use permitted herein. City,
at its option, may require an agreement with any contractors hired by Grantee to perform the con-
struction, 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 satisfactory to said City, guaran-
teeing the faithful performance of all the terms, covenants and conditions 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.
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 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.
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 and agrees to give peaceful possession of said property -covered herein upon termination or
cancellation of this license. f"Isl
ATTEST
Az �e_o
IAVENtA LOWE, City Secre ry-Treasurer
CITY OF
By:
APPROVED.
FRED 0. SENTER, JR., City Attorney
AGREED TO AND ACCEPTED THIS day of 1968.
BILLY MEEKS, LICENSEE
68-27-152-360 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(21) Councilmen Granberry, Kastman, Diekemper, and Medlock voting.Yea, none voting Nay, that the
following resolution be passed.
11
APR 2 5
r
f
r
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 attached -herewith which shall be
spread upon the minutes of the Council and as spread upon the minutes of this Council shall con-
stitute and be a part of this Resolution as if fully copied herein in a '1.
Passed by the City Council this 25th day of April, 1968.
W. D. ROGERS, JR.,
ATTEST:
LAVENIA LOWE, City Secret ry-Treasurer
APPROVED:
Is/ Fred 0. Senter, Jr.
FRET? 0. SENTER, JR., City Attorney
STREET USE LICENSE
THE STATE OF TEXAS X
COUNTY OF LUBBOCK X
This indenture made this 25th day of April, 1968, between the City of Lubbock, Texas, a Homf
Rule Municipality, hereinafter called "CITY" and Durward D.-Mahon, Jr., hereinafter called
"GRANTEE"
WITNESSETH:
Subject to the terms, conditions and provisions herein, The City of Lubbock, Texas, does
hereby grant unto Grantee, its successors and assigns, the right, privileges and license to con-
struct, occupy and maintain gas lights within the parkway area of the public street adjacent to
Lots 5, 6, 7, 8, 9, 12, 13, 14, and 15 of said Alexander Land Addition to the City of Lubbock,
Lubbock County, Texas.
1. The installation of the gas lights shall be made by Pioneer Natural Gas Company and
shall be located 2 feet from the outside curb line and shall be placed approximately 40 feet
apart. The gas lights shall be 6 feet in height from ground level to the top of the light and
the posts will be set in concrete. The gas supply line shall be 3/4 inch X-Trucote steel pipe
and set approximately 24 inches deep.
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/
100 ($5.00) DOLLARS, per year for the duration of this license, with the first year payable on
execution of this instrument and a like sum payable on January 1st 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
1st 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 demar
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
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 conditior
and repair that it will be safe for use by the public and in a manner satisfactory to and approve
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 rerouting or realigning of any public utility, franchised utility, or sanitary or stoi
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 relo-
cating or rerouting over and above the expense which would have been incurred except for Grantee'
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 an;
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 oz
R 2 5 1968
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 satisfactory to said
City, guaranteeing the faithful performance of all the terms, covenants and conditions contained
in said agreement and a certified copy of a policy of public liability and property damage insur-
ance within limits specified by, and in a form satisfactory to, said City, covering the contractua'1
liability assumed by contractor in said agreement with My.
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 and agrees to give peaceful possession of said property covered herein upon termination or
cancellation of this license.. r�
- •CITY OF LU C
ATTEST: ..B V_
BY4 40,wsel; A
t
laig grw- W.' D. ROGERS, JR., r
LAVENIA LOWS, City gd'ecreta y-Treasurer
APPROVED:
FRED 0. SENTER, JR., City Attorney
AGREED TO AND ACCEPTED THIS DAY OF , 1968.
DURWARD D. MAHON, JR., LICENSEE
68-27-154-361 Bids as follows were received for 1968 Seal Coat Maintenance Program, being Bid No. 274.
(27)
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Medlock, seconded by
Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper,
and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of W. D. Turner
Construction Company for the 1968 Seal Coat Maintenance Program.
68-27-154-362 Bids as follows were received for purchase of cast•iron pipe of various sizes, tieing Bid No. 248.
(28)
-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 American Cast Iron
Pipe Company for purchase of various sizes of cast iron pipe.
68-27-154-363 Bids as follows were received for purchase of various sizes of sewer -tile for a period of one
(29) year, being Bid No. 256.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Medlock, seconded by
-Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper,
and'Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Fields and Company)
for purchase of various sizes of sewer tile fora period of one year.
68-27-154-364 Bids as follows were reciived for meals for prisoners in -City Jail, to establish price for a
(30) period of one year, being Bid No. 252.
Bid Tabulation.set in Bid Book,
After consideration of all bids received, motion was made by Councilman Medlock, seconded by
Councilman Granberry;%Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize
acceptance of the bid of Pete's Cafe for meals for Prisoners in City Jail for a period of one
year.
I
I
APR 2
L
L
L
68-27-155-365 Motion was made by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor
(26) Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, t
pass Ordinance No. 5460 as an emergency measure.
ORDINANCE NO. 5460
AN ORDINANCE AMENDING THE FIRE ZONE MAP OF THE CITY OF LUBBOCK SO AS TO CHANGE PORTIONS OF
BLOCK 4 AND 5, NELSON -BROWN ADDITION TO THE CITY OF LUBBOCK DESCRIBED HEREIN FROM FIRE ZONE NO.
TO FIRE ZONE NO. 3; DIRECTING THE BUILDING INSPECTION ADMINISTRATOR TO INDICATE SUCH CHANGE ON
THE OFFICIAL FIRE ZONE MAP OF THE CITY OF LUBBOCK: AND DEC ING AN EMERGENCY.
NO FURTHER BUSINESS COMING UP FOR CONSIDERAT C CO IL ADJOURN ROM REGULAR
MEETING, APRIL 25, 1968. fq
ATTES
LAVbtTA LOWE, City ecretary-Treasurer
READ AND APPROVED THIS THE 9TH DAY OF MAY, 1968.
ATTES
)c --A, - - - - Z) - t '. . '
IA IA LOWE, City ecretary-Treasurer
� d WE. [oi701 EVAz
•3 Mt.lrf�