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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/14/1974ill! MAR 14 1974 REGULAR CITY COUNCIL MEETING March 14, 1974 The City Council of the City of Lubbock, Texas, met at 10:00 a.m. in the regular meeting place at City Hall. The following members thereof, being present to -wit: Mayor Pro Tem Lonnie F. Hollingsworth, Councilwoman Carolyn Jordan, Councilman Jack Baker, Councilman Bryce Campbell, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: Mayor Morris W. Turner 74-33-111-277 The invocation was given by Sam Wahl, Director of Public Works. 74-33`111-278 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. 74-33-111-279 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (3) Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none 28, voting Nay to approve City Council Minutes - Regular Meetings held February 27 and February 1974, and Special Meeting held March 4, 1974. 74-33-111-280 Dirk West, Chairman of the Parks and Recreation Board, appeared before the City Council and (5) presented the following recommendations of the Parks and Recreation Board: a. Consider a request of the Mackenzie District of the South Plains Council of Boy Scouts to use Maxey Park for a camporee. b. Consider acceptance of a park site in University Pines Addition. C. Consider acceptance of a part site in Melonie Park South Addition, if accepted, con- sider naming the park. 74-33-111-281 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (5a) Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to approve the request of the Mackenzie District of the South Plains Council of Boy Scouts and allow the use of Maxey Park for a camporee. 74-33-111-282 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Pro Yea, voting Nay (5b) Tem Hollingsworth, Councilwoman Jordan,Councilmen Baker and Campbell voting none is by the developers to accept the dedication of the portion of Playa Lake No. 86, which owned of University Pines Addition for a park site. 74-33-111-283 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor Pro Yea, voting ,.. (5c) Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting none Park Nay to accept the dedication of a 29.5 acre playa lake from the developers of Melonie "Bill" Miller South Addition to be developed as a park and that this park be named the William D. Park. 74-33-111-284 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Pro voting (6) Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none Nay to pass Ordinance No. 6848 on second and final reading. ORDINANCE NO. 6848 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: Sewer Bond Fund The sum $8,145.16 For the following purpose: Construction of sanitary sewer lines ahead of 1974 paving program at following locations: 1974 Ahead of Paving Estimated Cost Sewer Lines Frankford Avenue from 34th Street to Loop 289 811 $7511.96 Locust Avenue from 34th Street to 36th Street 6" 633.20 Total $8145.16 74-33-111-285 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Pro (7) Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6849 on second and final reading. ORDINANCE NO. 6849 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; 112 MAR 14 1974 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital The sum $2,500.00 Project Fund For the following purpose: Improvements and alterations to #3 Water Reservoir (install overflow and access) 74-33-112-286 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor {8) Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6850 on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE N0. 6850 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water The sum $5,720.00 Capital Project Fund For the following purpose: Purchase 100 one inch water meters. 74-33-112-287 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Pro (9) Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6856 on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6856 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: Airport The sum $448,634.00 Capital Improvement Fund and other Funds. For the following purpose: Five - 2 tunnel telescoping air bridges. 74-33-112-288 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Pro (10) Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6857 on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE N0. 6857 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 The sum $13,492.24 SIGNAL BOND FUND For the following purpose: To purchase an Aerial Bucket Truck for use in the installation of aerial traffic signals. 74-33-112-289 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Pro (11) Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6836 on second and firm reading. ORDINANCE NO. 6836 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY dFZLUBBOCK SO AS MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1469-B: CHANGE A TRACT OF LAND OUT OF LOT 3, PADGETT-MARSHALL ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM A "C-2" TO A "C-4" ZONING DISTRICT; PROPERTY IS FURTHER DESCRIBED IN THE BODY OF THIS ORDINANCE BY METES AND BOUNDS: SUB- JECT TO A CONDITION: PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA- TION. 4-33-112-290 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Pro (12) Tem Hollingsworth; Councilmen Baker and Campbell voting Yea, Councilwoman Jordan voting Nay to pass Ordinance No. 6837 on second and final reading. 0 ORDINANCE N0, 6837 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK 113 MAR 14 1974 SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1538-A: CHANGE LOT 13, BLOCK 2, RHYNE- SIMPSON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-l" TO A "C-3" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-113-291 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Pro (13Y Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Ord. 6858Nay (3/14/74) was amended by Ord. 8158(3/12/81) to pass Ordinance No. 6838 on second and final reading. ORDINANCE N0. 683$ 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. 1588-A: CHANGE LOTS 13 THROUGH 17, BLOCK 124, OVERTON ADDITION, CITY OF LUBBOCK,'LUBBOCK COUNTY, TEXAS, FROM A "C-2A"­T0 AN "A-2" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 74-33-113-292 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (14) Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none vot- ing Nay to pass Ordinance No. 6839 on second and final reading. ORDINANCE NO. 6839 AN ORDINANCE AMENDING THE FIRE ZONE MAP OF THE CITY OFLUBBOCK SO AS TO CHANGE LOTS 13 THROUGH 17, BLOCK 124, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK.COUNTY, TEXAS, FROM FIRE ZONE NO. 2 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: 74-33-113-293 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (15) Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6840 on second and final reading. ORDINANCE N0. 6840 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. 1943: CHANGE A TRACT OF LAND OUT OF SECTION 18, BLOCK A, THE NORTH 800 FEET OF TRACT 1 FROM AN "R-l" TO "M-1" ZONING DISTRICT; PROPERTY FURTHER DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-113-294 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (16) Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6841 on second and final reading. ORDINANCE N0. 6841 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. 1944: CHANGE LOT 5, BLOCK 86, OVERTON ADDITION, CITY OF LUBBOCK,LUBBOCK COUNTY, TEXAS FROM "R-2" TO "A-2" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-113-295 Motion was made by Councilman Baker to pass Ordinance No. 6842 on second and final reading chang- (17) ing property located between Salem Avenue and Toledo Avenue on 34th Street from "C-2" to "C-3" Zoning District (Zone Case No. 1946). This motion died for lack of a second. Motion was then made by Councilwoman Jordan, seconded by Councilman Campbell, to amend this ordinance by changing. the building setback line to 43' to comply with the other building in this area. This motion failed to carry by the following vote: Councilwoman Jordan and Councilman Campbell voting Yea, Mayor Pro Tem Hollingsworth and Councilman Baker voting Nay. Mayor Pro Tem Hollingsworth then instructed the City Secretary to place Ordinance No. 6842 on the March 28 agenda for furhter consideration. 74-33-113-296 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Pro (18) Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6843 on second and final reading. ORDINANCE NO. 6843 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1947: CHANGE LOTS 1 THROUGH 6 AND 8 THROUGH 13 FROM AN "R-l" TO AN "A-l" AND TRACT 7 FROM AN "R-1" TO A "C-3" OF SUMMER PLACE (OF PRELI- MINARY PLAT), ON FILE WITH THE SECRETARY OF THE PLANNING AND ZONING COMMISSION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-113-297 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Pro (19) Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting to pass Ordinance No. 6845 on second and final reading. ORDINANCE NO. 6845 AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "LAKE AREAS" BY AMENDING SECTION 16-1 THEREOF DEFINING LAKE AREAS; ADDING A NEW SECTION 16-1.1; PROVIDING FOR MAINTAINING OF WATER HOLDING CAPACITY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-113-298 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Pro (20) Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6846 on second and final reading. ORDINANCE NO. 6846 AN ORDINANCE REPEALING THE PRESENT CHAPTER 15A OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS (BEING THE HOUSING STANDARDS CODE); PROVIDING FOR A NEW CHAPTER 15A ADOPTING THE 1973 EDITION OF THE UNIFORM HOUSING CODE; PROVIDING FOR AMENDMENTS TO SUCH EDITION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 1 MAR 14 1974 74-33-114-299 (21) 74-33-114-300 (22) 00 [A N 74-33-114-30. 3 (23) `', r-CO �Ln r_4co Cn v U c co V) r. ao •,4 •o 0 74-33-114-30 (24) G 0 P 0 1 f 74-33-114-303 (25) Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Pro Tme Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to pass Ordinance No.'6847 on second and final reading. ORDINANCE NO. 6847 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, (BEING THE BUILDING CODE) BY AMENDING SECTION 5-2 THEREOF; PROVIDING FOR AN AMENDMENT TO SECTION 203 OF THE UNIFORM BUILDING CODE TO PROVIDE FOR REPAIR, REHABILITATION OR DEMOLITION OF UNSAFE BUILD- INGS WITH NOTICE AND ENFORCEMENT BY THE HOUSING STANDARDS ADMINISTRATOR; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Pro Tem Hollingsworth, Councilwoman Jordan and Councilman Baker voting Yea, Councilman Campbell vot- ing Nay to pass Ordinance No. 6855 on second and final reading. ORDINANCE NO. 6855 AN ORDINANCE OF THE CITY OF LUBBOCK, TEXAS, PROVIDING FOR MONTHLY ADJUSTMENTS, TO THE NEAR- EST .010, IN THE RATES CHARGED FOR THE SALE OF NATURAL GAS SERVICE BY PIONEER NATURAL GAS COMPANY WITHIN THE CITY OF LUBBOCK, IN ACCORDANCE WITH INCREASES OR DECREASES IN THE AVERAGE MONTHLY COST "II0 PIONEER OF GAS PURCHASED FOR ITS WEST TEXAS TRANSMISSION SYSTEM; DEFINING COST OF GAS; PLACING CERTAIN LIMITS ON THE MAXIMUM ADJUSTMENT TO BE ALLOWED HEREUNDER; PROVIDING A SAVINGS CLAUSE AND 'ROVIDING FOR PUBLICATION. lotion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Pro 'em Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting lay to pass Ordinance No. 6858 on second and final reading. ORDINANCE NO. 6858 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED !SUBDIVISIONS", BY AMENDING SUBSECTION G OF SECTION 29.4 THEREOF GOVERNING LAKE AREAS; PROVIDING �EFFECITVE DATE FOR APPROVED PRELIMINARY PLATS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR SLICATION. lotion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Pro em Hollingsworth, Councilwoman Jordan, Councilmen Baiter and Campbell voting Yea, none voting Nay o pass Ordinance No. 6851 on second and final reading. ORDINANCE N0. 6851 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY IN THE GENERAL VICINITY JF BAYLOR AVENUE AND NORTH AVENUE N, IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE.CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN PORT- IONS OF ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of the Urban Renewal Agency of the City of Lubbock, Lubbock County, Texas, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of March, 1974. /s/ MORRIS W. TURNER, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney QUIT CLAIM DEED THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, 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 the URBAN RENEWAL AGENCY of the CITY OF LUBBOCK, Lubbock County, Texas, hereinafter called "Grantee", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its right title and interest in and to that certain tract or parcel of bnd lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: r L�. r� BEGINNING at the Southeast corner of Lot 1, Block 3, Rio Vista Addition to the City of Lubbock, Lubbock County, Texas; ill MAR 14 19' THENCE East a distance of 15.00 feet; THENCE North a distance of 115.00 feet; THENCE West a distance of 108.10 feet; THENCE North 40036' West along a line parallel to and 15.00 feet from the Northeast line of Lots 3 through 16, Block 3, Rio Vista Addition a distance of 555.44 feet; THENCE South 49024' West a distance of 140.00 feet; THENCE South 40036' East a distance of 20.00 feet to the most Westerly corner of Lot 16, Block 3, Rio Vista Addition; THENCE North 49024' East a distance of125.00 feet to the most Northerly corner of said Lot 16; ?" THENCE South 40036' East a distance of 542.34 feet; THENCE East a distance of 100.00 feet to the Northeast corner of Lot 1, Block 3, Rio Vista Addition; THENCE South a distance of 100.00 feet to the PLACE OF BEGINNING. TO HAVE AND. TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto. in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the Grantor, City of Lubbock, their heirs, or assigns, nor any person claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 14th day of March, 1974. /s/ MORRIS W. TURNER, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-115-304 Motion was.made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (26) Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none vot- ing Nay to pass Ordinance No. 6852 on second and final reading. ORDINANCE NO. 6852 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET AND ALLEY: A PORTION OF THIRD PLACE (STREET) AND A PORTION OF THE ALLEY IN BLOCK 9, WESTHAVEN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOS- ING AND ABANDONMENT OF THAT CERTAIN ALLEY AND STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FAR PUBLICATION. 74-33-115-305 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (27) Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Alan R. Henry, Ben Stribling, J. C. Chambers, and 0. V. Scott, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of March, 1974. ►s__0*14 /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney QUIT CLAIM DEED THE STATE OF TEXAS COUNTY OF LUBBOCK /s/ MORRIS W. TURNER, MAYOR KNOW ALL MEN BY THEST PRESENTS: 11 � 14 1974 THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100 (1.00) DOLLARS and other good and valuable consideration to it in hand paid by ALAN R. HENRY, BEN STRIBLING, J. C. CHAMBERS, and 0. V. SCOTT, hereinafter called "Grantee", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, Slate of Texas, described as follows, to -wit: A portion of Third Place (Street) and a portion of a portion of a 12.5 foot alley in Block 9, Westhaven Addition to theCity of Lubbock, Lubbock County, Texas, being more particularly described by metes and bounds as follows: TRACT_, __ STREET CLOSURE: BEGINNING at the Southwest corner of Lot 17, Block 9, Westhaven Addition to the City of Lubbock, Lubbock County, Texas; THENCE East a distance of 75.0 feet to the Southeast corner of Lot 19, Block 9, Westhaven Addition; THENCE South a distance of 50.0 feet to a point; THENCE West a distance of 60.0 feet to a point of curvature; THENCE .around a curve to the left having a radius of 15.0 feet, delta angle of 90% tangent length of 15.0 feet and a curve distance of 23.56 feet to a point in the East line of Indiana Avenue; THENCE North along the East line of Indiana Avenue a distance of 65.0 feet to the PLACE OF BEGINNING. TRACT 2, ALLEY CLOSURE: BEGINNING at the Northwest corner of Lot 17, Block 9, Westhaven Addition to the City of Lubbock Lubbock County, Texas; THENCE North along the East line of Indiana Avenue a distance of 12.5 feet to a point; THENCE East 75.0 feet to a point; THENCE South 12.5 feet to the Northeast corner of Lot 19, Block 9, Westhaven Addition; THENCE West a distance of 75.0 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances therto in any manner belonging unto the said GRANTEE, their heirs, and assigns, forever, so that neither the Grantor, City of Lubbock,their heirs, or assigns, nor any person claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 14th day of March, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney - /s/ MORRIS W. TURNER, MAYOR 74-33-116-306 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Pro (28) Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6853 on second and final reading. ORDINANCE NO. 6853 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: BEING THE NORTH 2O.00 FEET OF LOT 13, BLOCK 15, VANDALIA VILLAGE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-116-307 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Pro (29) Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of ELVIS ROBERTS, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of March, 1974. 11'7 MAR 14 1974 /s/ MORRIS W. TURNER$ MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney UIT CLAIM 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 in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100 (1.00) DOLLARS and other good and valu- able consideration to it in hand paid by the ELVIS ROBERTS, hereinafter called "Grantee", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RE- LEASE AND FOREVER QUIT CLAIM unto the said CITY OF LUBBOCK, all its right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: The East-West alley described as the North 20.00 feet of Lot 13, Block 15, Vandalia Village Addition to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, his heirs and assigns forever, so that neither the Grantor, City of Lubbock, their heirs, or assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 14th day of March, 1974. /s/ MORRIS W. TURNER, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-117-308 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Pro (30) Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6854 on second and final reading. ORDINANCE NO. 6854 AN ORDINANCE ABANDONING AND CLOSING ALL OF THE NORTH -SOUTH ALLEY -'IN BLOCK 110, OVERTON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE -CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-117-309 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Pro (31) Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY -OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Lubbock Independent School District, a body politic and corporate, attached herewith which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of March, 1974. ATTEST: /s/ MORRIS W. TURNER, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney QUIT CLAIM DEED THE STATE OF TEXAS X COUNTY OF LUBBOCK X KNOW ALL MEN BY THESE PRESENTS: 11 MAR 14 1974 THAT the CITY OF LUBBOCK, a Home Rule Municipality of the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/i0O (1.00) DOLLARS and other good and valuable consideration to it in hand paid by LUBBOCK INDEPENDENT SCHOOL DISTRICT, a body politic and cor- porate of Lubbock County, Texas, hereinafter called "Grantee", the receipt of which is hereby ack- nowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GiZANTEE, All its right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows,.to-wit: All of the North -South alley in Block 110, Overton Addition to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the Grantor, City of Lubbock, its successors or assigns, nor any person claiming under it shall at any time hereinafter, have, claim, or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 14th day of March, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ MORRIS W. TURNER, MAYOR /s/ Fred 0. Senter, Jr., City Attorney 74-33-118-310 Jim Bertram, Director of Planning, appeared before the City Council and presented a map and a re- (32) port concerning the Community Renewal Program. After consideration of all information presented, & motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor Pro (33) Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to receive the report and to take these items under advisement. 74-33-118-311 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Pro (34) Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to approve the price and conditions of sale on Parcel 51-4 (the west 50' and the east 37') in the Coronado Urban Renewal Area to the Church of God in Christ No. 4 for a consideration of $1,300 for an addition to the present church building. 74-33-118-312 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (40) Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6859 on first reading. ORDINANCE NO. 6859 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: Water Capital Project Fund The sum $5,923.42 For the following purpose: Water lines ahead 1974 paving program at the following locations: 1974 Ahead of Paving Water Lines Estimated Cost University Avenue from 76th St. to 82nd Street 6" $ 374.07 Dover Avenue from Brownfield Drive to 44th Street 6" 22113.68 E - Broadway from Holly Avenue to June Avenue 6"-10" 552.47 Locust Avenue from 34th St. to 36th Street 8" 2,347.26 E. 15th Street from Guava Avenue to June Avenue 6" 535.94 Total $5,923.42 74-33-118-313 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Pro (41) Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to authorize publication of Notice to Bidders for construction of water lines ahead of paving and to areas of low pressure. 74-33-118-314 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor Pro (42) Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell 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 real estate purchase contract (as Purchaser) with Robert R. Gunn (as Seller), attached herewith which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied in detail. Passed by the City Council this 14th day of March, 1974. 119 MAR 14 1974 ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney SALES CONTRACT THE STATE OF TEXAS X COUNTY OF LUBBOCK X /s/ MORRIS W. TURNER, MAYOR This Contract between ROBERT R. GUNN of Travis County, Texas, hereinafter called "VENDOR" and the CITY OF LUBBOCK, a Texas Home Rule Municipal Corporation of Lubbock County, Texas, act- ing through its Mayor hereunto duly authorized, hereinafter called "PURCHASER", by which Vender hereby sells and agrees to sell and convey to Purchaser and Purchaser agrees to buy and to pay Vendor for (in the amount of money hereinafter set forth) the hereinafter described property lying and being situated in Lubbock County, Texas, on the following terms and conditions: WITNESSETH: I. The Purchaser has agreed, and does hereby agree, to take by conveyance from Vendor a certain tract ofland situated in Lubbock County, Texas, described as follows: All that certain tract or parcel of land,being a two (2) acre tract of land, more or less, out of Survey 80, Block A, Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at a point 4018.9 feet East and 9066.35 feet North of a one inch galvanized iron pipe set for the Southwest Corner of Survey Eighty (80), Block A, Lubbock County, Texas, said point being the Southwest corner of this tract identified by a State Highway right-of- way marker; THENCE, North 21 degrees, 37 minutes, 15 seconds West, a distance of 417.42 feet to a 2x2 stake set for the Northwest Corner of this tract; THENCE, North 68 degrees, 22 minutes, 45 seconds East, a distance of 208.71 feet to a 2x2 stake set for the Northeast Corner of this tract; THENCE, South 21 degrees, 37 minutes, 15 seconds East, a distance of 417.42 feet to a 2x2 stake set in the Northwesterly right-of-way line of a Federal Highway for the South- east Corner of this tradt; THENCE Southwesterly along a curve which is the Northwesterly right-of-way line of Federal Highway No. 87, running North from Lubbock to the PLACE OF BEGINNING. Said property being the same property described in deed dated June 22, 1971, from South Plaint Electric Cooperative, Inc., unto the said Robert R. Gunn recorded at Volume 1271, Page 673 of the Deed Records of Lubbock County, Texas, reference to which is hereby made for all pertinent purposes. In consideration for the conveyance of which, Purchaser agrees to deliver to Vendor contemporaneously with the delivery of the deed below described, in cash the sum of EIGHTY TWO THOUSAND AND N0/100 ($82,000.00) DOLIA RS. II. Vendor -agrees to furnish at Vendor's expense an owner's title policy in the amount of the purchase price to said property, which property shall be conveyed free and clear of any and all encumberances, and said title policy shall contain no exceptions to defects in title other than the usual and customary exceptions contained in a standard Texas Title Policy Forms Taxes on the real estates herein concerned shall be prorated between Vendor and Purchaser to date of closing of this sale. Risk of loss by fire, windstorm, any Act of God, explosion, Civil Commotion or riot, or loss by any other reason as regards structures existing on the premises herein concerned shall fall on the Vendor until the sale is closed anddconsummated, and thereafter such risk of loss shall fall on Purchaser. If any existing structure is damaged (for any reason) in whole or in part before this sale is closed atd consummated, then Purchaser, at its option, may terminate this contract. IV. Purchaser intends or pooposes (if structurally_and economically feasible) to remodel the existing structure or structures on the premises into a police training academy facility - if in the judgment of the Chtf of Police and the Building Inspector of the City of Lubbock such a project sad be economically and structurally feasible considering the structures existing in their present condition. This contract is specifically made subject to a favorable decision in such regard by the Chief of Police and Building Inspector. If such decision is unfavorable in such regard, Purchaser, at its option may declare this contract null and void and of no force and effect. V. Purchaser agrees, within fifteen days from the date the title company approves the title to consummate the sale, except that in no event shall Purchaser be under any obligation to consum- mate the sale unless and until the Chief of Police and Building Inspector of the City of Lubbock 120 MAR 14 19I4 have approved the structural and economical feasibility of remodeling the structure existing on the premises into a police training academy building as set forth in Section IV hereof - to which approval this contract is specifically made subject to as set forth in Section IV hereof. In the event of failure by Vendor to furnish good and marketable title, Purchaser may declare this contract null and void or Purchaser at its option may waive title defects and enforce specific performance of same; or Purchaser may enforce specific performance of same in event Vendor shall fail or refuse to consummate the sale. Vendor agrees to deliver a good and sufficient General Warranty Deed properly conveying said property to said Purchaser, and Purchaser agrees, when said dried is presented, to pay the cash payment herein provided for. Should the Purchaser fail to consummate this contract as specified for any reason, except title defects or lack of zoning approval Vendor may enforce specific performance of this contract. VI. This agreement shall not become operative or effective until duly executed by both Purchaser and Vendor herein. EXECUTED in triplicate originals this 14th day of March, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer /s/ Robert R. Gunn - Vendor CITY OF LUBBOCK - PURCHASER 74-33-120-315 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (43) Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell 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 land sales contract on behalf of the City of Lubbock to be entered into between said City as Purchaser and Ruby Velma Sullivent, a Widow, as Vendor, attached herewith which shallbe spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of March, 1974. /s/ MORRIS W. TURNER, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney SEE Sales Contract in resolution file. 74-33-120-316 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Pro (44) Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6860 on first reading. ORDINANCE NO. 6860 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: ELECTRIC LIGHT & POWER SYSTEM REVENUE BOND FUND The sum $79,000.00 For the following purpose: Acquisition of tract of land, 425.00 feet by 300.00 feet, out of the SE 1/4 of Section 13, Block B, Lubbock County, Texas, for purpose of building a new LPQ Substation. Land only.......................$78,500.00 Incidentals ..................... 500.00 Total ....... $79,000.00 74-33-120-317 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (45) Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell 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 an ALLEY USE LICENSE between the City and the Texas Highway Department and/or the Texas Highway Commission, attached herewith which shall be spread upon the 121 MAR 14 1974 0 minutes of the Council and m spread upon the minutes of this Council, shell constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of March, 1974. /s/ MORRIS W. TURNER, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney ALLEY USE LICENSE THE STATE OF TEXAS X COUNTY OF LUBBOCK X This indenture made this 14th day of March, 1974, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and the Texas Highway Department and/or the Texas Highway Commission, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of alley being the public dedicated alley lying along, adjacent and abutting the entire South side of Lot 12, Country Club Heights Addition to the City of Lubbock, Lubbock County, Texas, as a drainage channel for Texas - U. S. 87, including setting the grade and maintenance responsibility in the Texas Highway Department for such drainage channel described by metes and bounds as follows: BEGINNING at a point 5,215.00 feet East and 1,064.90 feet North of the Southwest corner of section 9, Block A, Lubbock County, Texas,said point also being the intersection of the Northerly Property Line of Lot 13, Country Club Heights Addition to the City of Lubbock, and the West Right -of -Way line of the present U. S. 87; THENCE North 20.8 feet to the Southeast corner of Lot 12, Country Club Heights Addition; THENCE South 74°18'39" West, along the Southerly Property Line of said Lot 12, a distance of 249.0 feet to the Southwest corner of Lot 12; THENCE South 20.8 feet to a point in the North Property Line of Lot 13; THENCE North 74018'39" East, along the Northerly Property sine of said Lot 13, a distance of 249.0 feet to the POINT OF BEGINNING, 1. The terms of this grant shall be from year to year not to exceed twenty (20) years without renewal by the City Council of the CITY OF LUBBOCK, which retains the right, at its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE, said notice shall be deemed properly served if deposited in the Post Office, postage paid addressed to LICENSEE at P. 0. Box 771, Lubbock, Texas, 79408. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK,or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or re- fused to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occassioned by the construction as authorized by this license. 3. In the event the CITY OF LUBBOCK determines that the existence of such use interfers with or causes the re-routing or re -alignment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK, or fran- chised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be for its expense of such re -locating or re-routing over and above the expense which would have been incurred except for LICENSEE'S USE HEREIN. 4. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the con- struction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, his heirs and assigns, will at all times defend, indemnify and other wise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims, demand, actions, causes of action, suits of 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 construc- tion or maintenance and use permitted herein. 6. All of the covenants and provisions of this license shall be binding upon and inure of the benefits of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto 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 LICENSEE, its 122 MAR 14 1974 successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph (4). 7. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or impolied except those expressly set forth herein and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termina- tion or cancellation of this license. 8. CITY OF LUBBOCK retains ingress, egress, and regress for the purposes of and the right to service, repair, reconstruct, and perpetually maintain a sanitary sewer line in said alley above described. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer AGREED TO AND ACCEPTED this 14th day of March, 1974. APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney APPROVED: CITY OF LUBBOCK BY: A/ MORRIS W. TURNER, MAYOR LICENSEE: TEXAS HIGHWAY DEPARTMENT AND/ OR THE TEXAS HIGHWAY COMMISSION BY: /s/ Wilford D. Watson, City Engineer 74-33-122-318 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor Pro (46) Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6861 on first reading. ORDINANCE N0. 6861 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out 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 The sum $27,500.00 IMPROVEMENT BOND FUND For the following purpose: Acquisition of Lots 7, 8, 9 & 10, Block 40, Original Town for access to other property. Land only ............. ............$25,000.00 Incidentals ........................ 2,500.00 Total .... $27,500.00 74-33-122.319 Motion was made by Councilman Baker, seconded by Councilwoman Jordan, motion carried, Mayor Pro (48) Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to name the park adjacent Parkway Elementary School the George Woods Park. 74-33-122-320 The City Council considered the claim of Frank Wrather in the amount of $2,500 for the death of (49) a registered German Shepherd dog. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to deny this claim. 74-33-122-321 The City Council considered the claim of Steve McBeth and Sheila Willingham in the amount of (49a) $11,500 for personal injuries and property damage. After consideration of all information pre- sented, motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baiter and Campbell voting Yea, none voting Nay to deny this claim. 74-33-122-322 The City Council considered the claim of Pedro Esqueda in the amount of $414.63 for property (49b) damages. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to deny this claim. 74-33-122-323 The following bids were received for the purchase of bunker clothes and boots for the Fire (51) Department, being Bid No. 2799. Bid Tabulation set in Bid Book. 123 MAR 14 After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to accept the bid of West Texas Fire Extinguisher Co., San Angelo, for the purchase of bunker clothes and boots for the Fire Department. At this time the City Council discussed bidders who have not fulfilled their contracts and the Purchasing Agent was given the authority to delete any vendor from his list when he deems it necessary, if they are unable to fulfill their contract. 74-33-123-324 The following bids were received for the purchase of three mowers and two trucksters for the (52) Park Department, being Bid No. 2807. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to accept the bid of Colonial Motor Co., Dallas, for the purchase of Item 1; and accept the bid of Goldthwaite's of Texas, Fort Worth, for the purchase of Items 2 and 3. 74-33-123-325 The following bids were received for the installation of a cooling tower at the Auditorium- (53) Coliseum), being Bid No. 2800. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to accept the bid of Anthony Mechanical, Inc., for the construction of a cooling tower at the Auditorium -Coliseum. 74-33-123-326 The following bids were received for the purchase of cast iron and copper pipe for warehouse (54) stock, being Bid No. 2806 and Bid No. 2825. Bid -Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Por Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to accept the bid of Bowles & Eden Corporation, Albuquerque, N. M., on Bid No. 2806 and accept the Bid of Fields & Co. on Bid No. 2825. 74-33-123-327 The following bids were received for the purchase of miscellaneous electric items for warehouse (55) stock, being Bid No. 2805. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to accept the bid of Nelson Electric Supply Co. for the purchase of Items 1, 2, and 5; accept the bid of Temple, Inc., for the purchase of Items 3, 4, 13, 14, and 16; accept the bid of Fields & Co. for the purchase of Items 6 and 12; accept the bid of Transformer Repair Service for the purchase of Items 7, 8, 9, 10, 11, 15, 17, 18, 21 and 22; accept the bid of Southwestern Electric Supply Co. for the purchase of Item 19; accept the bid of General Electric Supply Co. for the purchase of Items 20 and 25; accept the bid of Graham Electric Co. for purchase of Item 23; accept the bid of Merrell Cooper Co. for the purchase of Item 24. 74-33-123-328 The following bids were received for the purchase of electric cable for warehouse stock, being (56) Bid No. 2814. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Campbell,motion carried, Mayor Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to accept the bid of General Electric Supply Co. for the purchase of Item 1; accept the bid of Fiends & Co. for the purchase of Items 3, 4, 5, 6, 7, and 9; accept the bid -of Southwestern Electric Supply Co. for the purchase of Item 8. 74-33-123-329 The following bids were received to establish price for a period of one year for ready mix (57) concrete, being Bid No. 2823. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Baker, seconded by Council man Campbell, motion carried, Mayor Pro Tem Hollingsworth, Councilmen Baker and Campbell voting Kh., Yea, Councilwoman Jordan.voting Nay to alternate monthly in the buying of ready mix concrete from Lubbock Building Products and Cement and Supply Company. Tie Bids were received from these companies. 74-33-123-330 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (58) Pro Tem Hollingsworth, Councilwoman Jordan and Councilman Campbell voting Yea, none voting Nay to re -appoint Gene Odell and James R. Ratliff and appoint Karl Morris (as a regular), Lonnie Miller (as an alternate) and Mrs. Gerald Sandlin (as an alternate) to the Zoning Board of Adjustment. These terms are for two years and will expire February 26, 1976. Councilman Baker was absent from the Council Chamber at the time this action was taken. 74-33-123-331 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (59) Pro Tem Hollingsworth, Councilwoman Jordan.and Councilman Campbell voting Yea, none voting Nay to appoint Mrs. Julia Lester to the City -County Welfare Board. This term will expire December 2 MAR 11 1974 31, 1975. Councilman Baker was absent from the Council Chamber at the time of this action. 74-33-124-332 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (60) Pro Tem Hollingsworth, Councilwoman Jordan and Councilman Campbell voting Yea, none voting Nay to appoint Ken Stanley, and re -appoint Mrs. Juan R. Ramonez and Garnet Reeves, Jr., to the Parks and Recreation Board. These terms are for three years and will expire March 31, 1977. Councilman Baker was absent from the Council Chamber at the time of this action. 74-33-124-333 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (62) Pro Tem Hollingsworth, Councilwoman Jordan and Councilman Campbell voting Yea, none voting Nay to appoint Vernon B. "Buddy" Barron, Owen Hamilton, Tim Hatch, Marion Key and Ray J. Diekemper, Jr., to the Board of City Development. These terms are for six years and will expire January 15, 1980. Councilman Baker was absent fromthe Council Chamber at the time of this action. 74-33-124-334 The City Council considered additional personnel for the Tax Office. John Brooks, City Tax (61) Assessor -Collector, Fred 0. Senter, Jr., City Attorney and Harold Glasscock, representing the Lubbock Independent School District appeared before the City Council in regard to this item. r After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Pro Tem Hollingsworth, Councilwoman Jordan, Council- men Baker and Campbell voting Yea, none voting Nay to authorize the City Manager to begin looking ti for personnel. 74-33-124-335 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (61a) Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to authorize the City Manager to begin negotiations with suitable firms (outside appraisers), get definite proposals from them and come back to the City Council with definite figures. 74-33-124-336 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (35) Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW AND ORDING IE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with W. D. Turner Construction Company (G. W. 0. 10,790) for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: Brownfield Drive from its intersection with a line 10.0 feet East of the West property line of Englewood Avenue to its intersection with a line 18.0 feet West of the West Property Line of Dover Avenue (North Leg), known and designated as Sub -Unit Number 53 of Unit Number 2226. Elkhart Avenue from its intersection with the South Lip Line of Brownfield Drive to its intersection with a line 18.0 feet North of the North Property Line of 45th Street, known and designated as Sub -Unit Number 54 of Unit Number 2226. 43rd Street from its intersection with the South Lip Line of Brownfield Drive to its inter- section with the West Lip Line of Dover Avenue, known and designated as Sub -Unit Number 55 of Unit Number 2226. 50th Street from its intersection with a line 16.0 feet West of the West Property Line of Elkhart Avenue to its intersection with the East Lip Line of Loop 289, known and designated as Sub -Unit Number 56 of Unit•Number 2226. Utica Avenue from its intersection with a line 17.0 feet South of the South Property Line of 58th Street to its intersection with a line 18.0 feet North of the North Property Line of 59th Street, known and designated as Sub -Unit Number 58 of Unit Number 2226. 58th Street from its intersection with a line 16.0 feet East of the East Property Line of Utica Avenue to its intersection with a line 54.0 feet East of the East Property Line of Toledo Avenue, known and designated as Sub -Unit Number 59 of Unit Number 2226. Toledo Avenue from its intersection with a line 32.0 feet South of the South Property Line of 58th Street to its intersection with a line 18.0 feet North of the North Property Line of 59th Street, known and designated as Sub -Unit Number 70 of Unit Number 2226. 78th Street from its intersection with a line 50.0 feet East of the West Property Line of �- University Avenue to its intersection with a line 24.0 feet West of the East Property Line of the alley West of Canton Avenue (North Leg) known and designated as Sub -Unit Number 61 of the Unit Number 2226. AND WHEREAS, the improvements upon the said portions of the abovementioned streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract G.W.O. 10,790. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned streets and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. MAR 14 1� That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the -assessments levied against the parcels of property abutting upon the said portions of the alleys, streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. III. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 14th DAY OF MARCH, 1974. ATTEST: /s/ MORRIS W. TURNER, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED: /s/ Wilford D. Watson, City Engineer APPROVED: /s/ Fred 0. Senter, Jr., City Attorney RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: 55th Drive from the West Lip Line of Salem Avenue to 17.00 feet North of the North Property Line of 58th Street known and designated as New Subdivision Unit Number 2015-59. AND WHEREAS, the improvements upon the said portions of the abovementioned street have been inspected and found to have been constructed according to the terms of the contract (G.W.O. 10,790). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS I. That the improvements on said portion 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 share and release escrow money. II. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 14th DAY OF MARCH, 1974. ATTEST: /s/ Treva Phillips, City Sectetary-Treasurer APPROVED: /s/ Wilford D. Watson, City Engineer /s/ MORRIS W. TURNER, MAYOR APPROVED: /s/ Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE G.W.O. 10,790 Accepted March 14, 1974 QUANTITIES L.F. C&G S.Y. S.Y. S.Y. L.F. L.F. Remov. Unit & Paving L.F. Alley Valley Re-sur- 12" Pavemen Sub -Unit Location 6" Base C.& G _ Return_ Gutter facing C&G Repai 2226-53 Brownfield Drive from 10.0' 4649.71 2353.56 72.80 52.94 E of the WPL of Englewood Ave. to 18.0' W of the WPL of Dover Ave. (North Leg) 2226-54 Elkhart Ave. from the SLL 1582.72 849.58 21.66 58.24 of Brownfield Dr. to 18.0' N of the NPL of 45th St. 2226-55 43rd Street from SLL of Brownfield Dr. to WLL of Dover Ave. 1048.18 523.61 52.54 136.00 2226-56 50th St. from 16.0' W of 336440 1405.20 94.01 WPL of Elkhart Ave. to Ell of Loop 289 12 1974 r r 74-33-126-337 (36) a 2226-58 Utica Ave. from 17.0' S of 1017.98 478.04 39.71 SPL of 58th St. to 18.0' N of NPL of 59th St. 2226-59 58th St. from 16.0' E of EPL 3160.39 1331.70 38.76 Utica Ave. to 54.0' E of EPL of Toledo Ave. 2226-60 Toledo Ave. from 32.0' S 878.89 448.32 20.39 of SPL of 58th St. to 18.0' N of the NPL of 59th St. 2226-61 78th St. from 50.0' E of 7497.92 3747.39 13.33 157.63 WPL of University Ave. to 24.0' W of the EPL of Alley W of Canton Ave. (N. Leg) NS 2015-59 55th Dtive from the WLL 6820.23 3333.56 495.50 of Salem Ave. to 17.00' N of the NPL of 58th St. 52.10 67.00 TOTALS 30,016.42 14,470.96 702.15 415.36 136.00 52.10 67.00 SEE second page of consolidated final estimate in resolution file. Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Melonie Gardens Addition Lots 296-380 made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said sub- division under the provisions of said Ordinance prior to the recording of the subdivision plat of Melonie Gardens Addition Lots 296-380 including the following streets: The North 1/2 of 82nd Street from its intersection with a line 7.00 feet West of the West Property Line of the alley West of the Hartford Avenue to its intersection with the centerline of Gary Avenue (concrete only) known and designated as New Subdivision Sub -Unit Number 33 of Unit Number 2016. The West 1/2 of Gary Avenue from its intersection with the North Lip Line of 82nd Street to its intersection with the centerline of 78th Street, known and designated as New Subdivision Sub - Unit Number 37 of Unit Number 2016. AND WHEREAS, the construction of the above improvements on the abovementioned streets 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 specifications ' 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 streets 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 portions 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 14th DAY OF MARCH, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED: /s/ Wilford D. Watson, City Engineer /s/ MORRIS W. TURNER, MAYOR APPROVED: /s/ Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE Melonie Gardens Addition Lots 296-380 Accepted March 14, 1974 1 1 -2 r MAR 14 197� QUANTITIES Unit & Sub -Unit S.Y. Paving L.F. Location 6"Base C&G NS 2016-33 The North 1/2 of 82nd Street from 576.30 7.0' West of the WPL of the Alley West d= Hartford Avenue to the centerline of Gary Avenue (Concrete only) NS 2016-37 The West 1/2 of Gary Avenue from 2719.94 981.10 the NLL of 82nd Street to the centerline of 78th Street TOTAL 2719.94 1556.40 COST DISTRIBUTION Unit & NS 2016-33 NS 2016-37 TOTAL COST ESTIMATE Contract $ 1,772.69 8,244.35 $10,017.04 Property $ 1,772.69 8,244.35 $10,017.04 st S.Y. S.Y. Alley 6" Base Return Tie-ins 72.92 76.36 171.95 149.28 171.95 City to Contractor 2719.94 S.Y. Paving 6" Base @ $1.98 $5,385.48 171.95 S.Y. 6" Base Tie-ins @ $1.25 $ 214.94 1556.40 L.F. Curb & Gutter @ $2.08 $3,237.31 149.28 S.Y. Alley Return @ $7.90 $1,179.31 CONTRACT COST $10,017.04 74-33-127-338 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (37) Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. VrQnT ITTTnW RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREET AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Melonie Gardens Addition Lots 1-133, made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said sub- division -under the provisions of said Ordinance prior to the recording of the subdivision plat of Melonie Gardens Addition Lots 1-133 including the following streets: 74th Street from its intersection with the East Lip Line of Indiana Avenue to its intersection with the Centerline of Gary Avenue known and designated as New Subdivision Sub -Unit Number 46 of Unit Number 2014. 75th Street from its intersection with the cul-de-sac East of Indiana Avenue to its intersection with the cul-de-sac West of Gary Avenue known and designated as New Subdivision Sub -Unit Number 47 of Unit Number 2014. 76th Street from its intersection with the East Lip Line of Indiana Avenue to its intersection with the West Lip Line of Gary Avenue known and designated as New Subdivision Sub -Unit Number 48 of Unit Number 2014. 77th Street from its intersection with the cul-de-sac East of Indiana Avenue to its intersection with the West Lip Line of Gary Avenue known and designated as New Subdivision Sub -Unit Number 49 of Unit -Number 2014. The North 1/2 of 78th Street from its intersection with the East Lip Line of Indiana Avenue to its intersection with the West Lip Line of Gary Avenue known and designated as New Subdivision Sub -Unit Number 50 of Unit Number 2014. The East 1/2 of Indiana Avenue from its intersection with a line 10.00 feet North of the South Property Line of Alley North of 74th Street to tis intersection with the Centerline of 78th. Street (concrete only) known and designated as New Subdivision Sub -Unit Number 51 of Unit Number 2014. Hartford Avenue from its intersection with the South Lip Line of 77th Street to $s intersection with the North Lip Line of 78th Street kown and designated as New Subdivision Sub -Unit Number 52 of Unit Number 2014. Hartford Avenue from its intersection with the South Lip Line of 76th Street to its intersection with the North Lip Line of 77th Street known and designated as New Subdivision Sub -Unit Number 53 of Unit Number 2014. Hartford Avenue from its intersection with the South Lip Line of 75th Street to its intersection with the North Lip Line of 76th Street known and designated as New Subdivision Sub -Unit Number 54 of Unit Number 2014. Hartford Avenue from its intersection with the South Lip Line of 74th Street to its intersection with -the North Lip Line of 75th Street known and designated as New Subdivision Sub -Unit Number 55 of Unit Number 2014. The West 1/2 of Gary Avenue from its intersection with the Centerline of 78th Street to its in- tersection with the South Lip Line of 74th Street known and designated as New Subdivision Sub - Unit Number 56 of Unit Number 2014. AND WHEREAS, the construction of the above improvements on the abovementioned streets 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 specifications 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 streets 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 14TH DAY OF MARCH, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED: /s/ Wilford D. Watson, City Engineer QUANTITIES /s/ MORRIS W. TURNER, MAYOR APPROVED: /s/Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE Melonie Gardens Addition Lots 1-133 Accepted March 14, 1974 S.Y. S.Y. S.Y. Unit & Paving L.F. Alley Valley Sub -Unit Location 6"Base C. & G Return Gutter NS 2014-46 74th Street from the ELL of 5398.08 2443.00 21.11 Indiana Avenue to the center line of Gary Avenue. NS 2014-47 75th Street from the cul-de- 4616.48 2325.96 21.67 sac E of Indiana Ave. to the cul-de-sac W of Gary Ave. NS 2014-48 76th Street from the ELL of 5353.67 2406.58 55.88 Indiana Avenue to the WLL of Gary Avenue. NS 2014-49 77th Street from the cul-de- 4489.57 2298.94 52.54 sac E of Indiana Avenue to WLL of Gary Avenue. NS 2014-50 The North 1/2 of 78th Street from the ELL of Indiana Avenue to the WLL of Gary Avenue Melonie Gardens Quantities 2310.32 1159.27 26.27 Christ Lutheran Church Quantities 1192.10 630.54 NS 2014-51 The East 1/2 of Indiana Avenue 1155.27 70.00 from 10' North of the SPL of the alley N of 74th Street to the Centerline of 78th Street (concrete only) NS 2014-52 Hartford Avenue from the SLL 983.31 583.08 2667 of 77th Street to the NLL of 78th Street. NS 2014-53 Hartford Avenue from the SLL 983.31 583.08 26.67 of 76th Street to the NLL of 77th Street. NS 2014-54 Hartford Avenue from the SLL 959.21 599-.08 26.67 52.54 of 75th Street to the NLL of 76th Street. NS 2014-55 Hartford Avenue fromthe SLL 983.31 583.08 26.67 of 74th Street to the NLL of 75th Street. Ll MAR 14 r 7 QUANTITIES (Cont'd.) NS 2014-56 The West 1/2 of Gary Avenue 2436.20 934.35 76.36 17.38 from the centerline of 78th Street to the SLL of 74th Street. Sub -Total Melonie Gardens 28,513.47 15,071.69 274.71 225.72 Sub -Total Christ Lutheran Church 1192.10 630.54 TOTAL 29,705.57 15,702.23 274.71 225.72 COST DISTRIBUTION Unit & Contract Melonie Gardens Christ Lutheran Sub -Unit Cost- Cost Church Cost NS 2014-46 $14,976.80 $14,976.80 NS 2014-47 13,308.76 13,308.76 NS 2014-48 15,083.01 15,083.01 NS 2014-49 13,252.74 13,252.74 NS 2014-50 10,221.10 6,766.56 $3454.54 NS 2014-51 2,835.54 23,835.54 NS 2014-52 3,175.48 3,175.48 NS 2014-53 3,175.48 3,175.48 NS 2014-54 3,557.19 3,557.19 NS 2014-55 3,175.48 3,175.48 NS 2014-56 7.,054.36 72054.36 TOTAL $89,815.94 $86,361.40 $3,454.54 COST ESTIMATE 29,705.57 S.Y. Paving 6" Base @ $1.84 $54,658.25 15,702.23 L.F. Curb & Gutter @ $2.00 $31,404.46 274.71 S.Y. Alley Return @ $7.50 $ 2,060.33 225.72 S.Y. Valley Gutter @ $7.50 $ 1,692.90 CONTRACT COST $89,815.94 74-33-129-339 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (38) Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voti -Nay that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Western Estates, Lots 1-143 made arrangements with W.D. Turner Construction Company for the construction of paving improvements on certain streets dedicated in said sub- division under the provisions of said Ordinance prior to the recording of the subdivision plat of Western Estates, Lots 1443 including the following streets: North one-half of Erskine Street from its intersection with a line 16 feet West of the West Property Line of North Elkhart Avenue to its intersection with a line 7 feet East of the East Property Line of the alley East of North Clinton Avenue (concrete only) known and designated as New Subdivision Sub -Unit Number 93 of Unit Number 2016. Fordham Street from its intersection with the East Lip Line of North Durant Avenue to its inter section with the West Lip Line of North Chicago Avenue known and designated as New Subdivision Sub -Unit Number 95 of Unit Number 2016. Grinnell Street from its intersection with the East Lip Line of Harvard Street to its intersec- tion with the West Property Line of North Chicago Avenue known and designated as New Subdivisio Sub -Unit Number 96 of Unit Number 2016. Harvard Street from its intersection with the East Lip Line of Frankford Avenue to its inter- section with a line 68.62 feet South of the South Property Line of Grinnell Street known and designated as New Subdivision Sub -Unit Number 97 of Unit Number 2016. North Elkhart Avenue from its intersection with the North raw edge of strip paving on Erskine Street to its intersection with a line 68.62 feet South of the South Property Line of Grinnell Street known and designated as New Subdivision Sub -Unit Number 98 of Unit Number 2016. North Durant Avenue from its intersection with the North Property Line of Erskine Street to its intersection with the South Lip Line of GrinnellStreet known and designated as New Subdivision Sub -Unit Number 01 of Unit Number 2017. North Dover Avenue from its intersection with the South Lip Line of Fordham Street to its intersection with the North raw edge of strip paving on Erskine Street known and designated as New Subdivision Sub -Unit Number 02 of Unit Number 2017. North Colton Avenue from its intersection with the North Property Line of Erskine Street to its intersection with the South Lip Line of Fordham Street known and designated as New Subdivision Sub -Unit Number 03 of Unit Number 2017. tr .3 14 1974 North Clinton Avenue from its intersection with the South Lip Line of Fordham Street to its inter- section with the North raw edge of strip paving on Erskine Street known and designated as New Sub- division Sub -Unit Number 04 of Unit Number 2017. West one-half of North Chicago Avenue from its intersection with a line 7 feet North of the North Property Line of the alley North of Grinnell Street to its intersection with a line 7 feet South of the South Property Line of the alley South of Fordham Street known and designated as New Sub- division Sub -Unit Number 05 of Unit Number 2017. North Durant Avenue from its intersection with a line 7 feet North of the North Property Line of the alley North of Grinnell Street to its intersection with the North Lip Line of Grinnell Street known and designated as New Subdivision Sub -Unit Number 06 of Unit Number 2017. North Colton Avenue from its intersection with a line 7 feet North of the North Property Line of the alley North of Grinnell Street to its intersection with the North Lip Line of Grinnell Street known and designated as New Subdivision Sub -Unit Number 07 of Unit Number 2017. North Evanston Avenue from its intersection with a line 7 feet North of the North Property Line of the alley North of Harvard Street to its intersection with the North Lip Line of Harvard Street known and designated as New Subdivision Sub -Unit Number 09 of Unit Number 2017. AND WHEREAS, the construction of the above improvements on the abovementioned streets 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 specifications 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 streets be and the same are here- by accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 14TH DAY OF MARCH, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPRROVED: /s/ Wilford D. Watson, City Engineer CONSOLIDATED FINAL ESTIMATE Western Estates Lots 1-143 Accepted March 14, 1974 /s/ MORRIS W. TURNER, MAYOR APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney UANTITIES 1.90 1.95 7.90 7.90 Contract S.Y. S.Y. S.Y. & Property Unit & Paving L.F. Alley Valley Owner Sub -Unit Location 6"Base C & G Return Gutter Cost 2016-93 N 1/2 of Erskine from WPL 100.00 1138.09 101.0 $3207.18 of N Elkhart to alley E of N. Clinton 2016-95 Fordham Street from ELL 4423.11 2299.08 35.16 $13,164.88 of N Durant to WLL of N Chicago 2016-96 Grinnell from ELL of Har- 5276.68 2958.48 12.00 44.90 $16,244.24 vard to WPL of N. Chicago 2016-97 Harvard from ELL of Frank- 6008.40 2306.16 119.21 $16,854.73 ford to 68.62' S of SPL of Grinnell 2016-98 N Elkhart from Erskine St. 3117.91 1310.85 55.88 $8,921.64 to Grinnell St. 2017-01 N Durant from NPL of Er- 2725.48 1388.05 40.40 5254 $8,619.34 skine to SLL of Grinnell 2017-02 N Dover from SLL of Ford- 1875.25 892.06 40.40 52.54 $6036.73 ham to Erskine St. 1.1 MAR 14 2017-03 N Colton from NPL of Er- 1660.06 918.76 55.07 52.54 $5795.81 skine to SLL of Fordham. 2017-04 N Clinton from SLL of Ford- 1876.17 897.74 69.92 $5867.68 ham to Erskine 2017-05 W 1/2 of N Chicago from alley 541.66 60.60 $1534.98 N of Grinnell of SPL of Ford - ham 2017-06 N Durant from alley N of 554.27 321.38 40.40 17.38 $2136.26 Grinnell to NLL of Grinnell 2017-07 N Colton from alley N of 519.11 321.38 40.40 52.54 $2347.23 Grinnell St, to NLL of Grinnell St. 2017-09 N Evanston from alley N 536.89 319.38 40;4O 34.76 $2236.64 of Harvard St. to NLL of Harvard St. TOTALS 28,673.33 15,613.07 430.67 587.37 $92,967.34 COST ESTIMATE 28,673.33 S.Y. Paving 6" Base @ $1.90 $54,479.33 15,613.07 L.F. Curb & Gutter @ $1.95 $30,445.49 430.67 S.Y. Alley Return and Drainage Channel @ $7.90 $3,402.29 587.37 S.Y. Valley Gutter @ $7.90 $4,640.23 CONTRACT COST $92,967.34 74-33-131-340 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (39) Pro Tem Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Melonie Gardens Addition Lots 134-295, made arrangements with KerrConstruc- tion Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Melonie Gardens Addition Lots 134-295, including the following streets: 75th Street from its intersection with the East Lip Line of Gary Avenue to its intersection with the East Lip Line of Flint Avenue, known and designated as New Subdivision Sub -Unit Number 8 of Unit Number 2016. 76th Street from its intersection with the East Lip Line of Gary Avenue to its intersection with the West Lip Line of Flint Avenue, known and designated as New Subdivision Sub -Unit Number 9 of Unit Number 2016. 77th Street from its intersection with the East Lip Line of Gary Avenue to its intersection with the West Lip Line of Flint Avenue, known and designated as New Subdivision Sub -Unit Number 10 of Unit Number 2016. 78th Street from its intersection with the East Lip Line of Gary Avenue to its intersection with the West Lip Line of Flint Avenue, known and designated as New Subdivision Sub -Unit Number 11 of Unit Number 2016. 78th Street from its intersection with the East Lip Line of Flint Avenue to its intersection with the West Lip Line of Elgin Avenue, known and designated as New Subdivision Sub -Unit Number 12 of Unit Number 2016. 79th Street from its intersection with the East Lip Line of Flint Avenue to its intersection with a line 29.50 feet West of the West Property Line of Elgin Avenue, known and designated as New Subdivision Sub -Unit Number 13 of Unit Number 2016. 79th Street from its intersection with the East Lip Line of Gary Avenue to its intersection with the West Lip Line of Flint Avenue, known and designated as New Subdivision Sub -Unit Number 14 of Unit Number 2016. 80th Street from its intersection with the East Lip Line of Gary Avenue to its intersection with the West Lip Line of Flint Avenue, known and designated as New Subdivision Sub -Unit Number 15 of Unit Number 2016. 80th Street from its intersection with the East Lip Line of Flint Avenue to its intersection with a line 29.50 feet West of the West Property Line of Elgin Avenue, known and designated as New Subdivision Sub -Unit Number 16 of Unit Number 2016. 81st Street from its intersection with the East Lip Line of Flint Avenue to its intersection with the West Lip Line of Elgin Avenue, known and designated as New Subdivision Sub -Unit Number 1974 17 of Unit Number 2016. 81st Street from its intersection with the East Lip Line of Gary Avenue to its intersection with the West Lip Line of Flint Avenue, known and designated as New Subdivision Sub -Unit 18 of of Unit Number 2016. North 1/2 of 82nd Street from its intersection with the centerline of Gary Avenue to its inter- section with the centerline of Elgin Avenue (concrete only), known and designated as New Sub- division Sub -Unit Number 19 of Unit Number 2016. The East 1/2 of Gary Avenue from its intersection with the North Paving Line of 82nd Street to its intersection with a line 9.00 feet South of the North Property Line of 74th Street, known and designated as New Subdivision Sub -Unit Number 20 of Unit Number 2016. Flint Avenue from its intersection with the North Lip Line of 82nd Street to its intersection with the centerline of 78th Street, known and designated as New Subdivision Sub -Unit Number 21 of Unit Number 2016. Flint Avenue from its intersection with the centerline of 78th Street to its intersection with a line 16.00 feet South of the South Property Line of 75th Street, known and designated as New Subdivision Sub -Unit Number 22 of Unit Number 2016. The West 1/2 of -Elgin Avenue from its intersection with the North Paving Line of 82nd Street to its intersection with the centerline of 78th Street (concrete only), known and designated as New Subdivision Sub -Unit Number 23 of Unit Number 2016. Freemont Avenue from its intersection with the North Lip Line of 82nd Street m its intersection with the South Lip Line of 81st Street, known and designated as New Subdivision Sub -Unit Number 38 of Unit Number 2016. Ejkridge Avenue from its intersection with a line 30.00 feet North of the North Property Line of 82nd Street to its intersection with the South Lip Line of 81st Street, known and designated as New Subdivision Sub -Unit Number 39 of Unit Number 2016. AND WHEREAS, the construction of the above improvements on the abovementioned streets 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 specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned streets 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 14TH DAY OF MARCH, 1974. /s/ MORRIS W. TURNER, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED: APPROVED: /s/ Wilford D. Watson, City Engineer /s/ Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE Melonie Gardens Addition Lots 134-295 IIII II U Accepted March 14, 1974 QUANTITIES ..r__._ S .Y. Alley L.F. S.Y. Returns 6SS.Y. Tie-ins Alley L.F. Unit & Paving L.F. Drainage Valley on 82nd Grading C&G Sub -Unit Location 6"Base C & G Channels Gutter Street ±i.0, Removal NS2016-8 75th Street from the 2772.75 1358.39 218.56 76.67 ELL of Gary Ave. to 0 the ELL of Flint Ave. NS2016-9 76th St. from the ELL 2603.72 1292.42 90.64 of Gary Ave. to the WLL of Flint Ave. NS2016-10 77th St. from the 2174.83 1292.42 105.08 ELL of Gary Ave. to the WLL of Flint Ave. MAR 14 F NS2016-11 78th St. from the ELL 2640.59 1293.42 55.88 of Gary Ave. to the WLL of Flint Avenue NS2016-12 78th St. from the ELL of Flint Ave. to the WLL of Elgin Ave. Melonie Gardens Quantities 1358.43 651.54 Schools Quantities 1347.88 646.54 NS2016-13 79th St. from the ELL 2373.23 1251.52 of Flint Ave. to 29.50' W of the WPL of Elgin Ave. NS2016-14 79th St. from the ELL 2230.57 1294.42 52.54 of Gary Ave. to the WLL of Flint Ave. NS2016-15 80th St. from ELL of 2283.47 1294.42 Gary Ave. to WLL of Flint Ave. NS2016-16 80th Street from ELL of 2373.23 1251.52 Flint Ave. to 29.50' W of WPL of Elgin Ave. NS2016-17 81st St. from ELL of 2193.78 1217.08 105.0E Flint Ave. to WLL of Elgin Ave. NS2016-18 81st St. from ELL of 2230.92 1208.42 52.54 Gary Ave. to WLL of Flint Ave. NS2016-19 North 1/2 of 82nd St. 1217.35 89.69 from the centerline of Gary Ave. to the Centerline of Elgin Ave. (concrete only) NS2016-20 The East 1/2 of Gary 5228.64 1856.78 354.49 Ave. from N Paving Line of 82nd St. to 9.0' South of the N. P.L. of 74th St. NS2016-21 Flint Ave. from NLL 4653.68 1980.34 229.27 of 82nd St. to the centerline of 78th St. NS2016-22 Flint Ave. from the centerline of 78th St. to 16' South of the SPL of 75th St. Melonie Gardens Quantities 1849.04 772.11 289.63 39.70 Schools Quantities 1738.90 637.27 46.36 City Quantities 100.00 NS2016-23 The West 1/2 of Elgin 1148.95 76.36 17.38 Ave. from N Paving Line of 82nd St. to the centerline of 78th St. (concrete only) NS2016-38 Freemont Ave. from the 1535.08 774.90 40.40 NLL of 82nd St. to the SLL of 81st St. NS2016-39 Elkridge Ave. from 30' 1482.53 774.90 40.40 52.54 North of the NPL of 82nd St. to the SLL of 81st St. Sub -total School Quantities 3086.78 1283.81 46.36 171.95 Lump Sum 100. Sub -total City Quantities 100.00 Lump Sub -total Melonie 39,984.49 21,930.90 1338.80 648.05 171.95 Sum Gardens Quantities Lump TOTAL 43,071.27 23,314.71 Z338.80 694.41 171.95 Sum 100. 100. 14 1974 CONSOLIDATED FINAL ESTIMATE Melonie Gardens Addition Lots 134-295 Accepted March 14, 1974 COST DISTRIBUTION Unit & Sub -Unit Contract Cost Property Owner Cost City to Contractor Schools Cost NS 2016-8 $10,822.59 $10,822.59 NS 2016-9 8,630.83 8,630.83 NS 2016-10 7,902.91 7,902.91 NS 2016-11 8,413.94 8,413.94 NS 2016-.12 83-084.46 4,057.93 $4,026.53 NS 2016-13 7,327.19 7,327.19 NS 2016-14 7,576.15 7,576.15 NS 2016-15 7,239.55 7,239.55 NS 2016-16 7,327.19 7,327.19 NS 2016-17 7,782.22 7,782.22 NS 2016-18 7,396.24 7,396.24 NS 2016-19 3,309.83 3,309.83 NS 2016-20 17,444.60 17,444.60 NS 2016-21 15,298.87 15,298.87 NS 2016-22 17,159.62 11,678.91 $310.00 5,170.71 NS 2016-23 3,200.20 3,200.20 NS 2016-38 5,006.11 5,006.11 NS 2016-39 5,343.40 5,343.40 TOTAL $155,265.90 $1452758.66 $310.00 $9,197.24 COST ESTIMATE CONSOLIDATE FINAL ESTIMATE Melonie Gardens Addition Lots 134-295 Accepted March 14, 1974 43,071.27 S.Y. Paving 6" Base @ $1.98 $85,281.11 23,314.71 L.F. Curb & Gutter @ $2.10 $48,960.89 1,338.80 S.Y. Alley Return & Drainage Channels @ $8.40 $11,245.92 694.41 S.Y. Valley Gutter @ $8.40 $ 5,833.04 174.95 S.Y. Tie-ins on 82nd Street @ $1.25 $ 214.94 Lump Sum L. F. of Alley Grading + or - 1.0' @ $ $ 3,630.00 100.00 L.F. Curb & Gutter Removal @ $1.00 $ 100.00 CONTRACT COST $155,265.90 4-33-134-341 Edward W. Cartwright, representing Ross Hester, appeared before the City Council requesting (4) that Mr. Hester be allowed to construct a building on property located at 1214 Avenue E on a 15' alley in order to utilize an existing foundation and to construct a canopy across the alley. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor Pro Tern Hollingsworth, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to allow a variance in the set back requirements on this property so that this building can be constructed and to pass a resolution authorizing the Mayor to execute an Alley Use License for the construction of a canopy across the alley. 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 an Alley Use License in favor of CAPROCK BUSINESS FORMS, INC., A Corporation, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by. the City Council this 14th day of March, 1974. IS MORRIS W. TURNER, MAYOR ATTEST: r � /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM. /s/ Fred 0. Senter, Jr., City Attorney ALLEY USE LICENSE THE STATE OF TEXAS X COUNTY OF LUBBOCK X This indenture made this 14th day of March, 1974, between the CITY OF LUBBOCK, TEXAS, a Home 3i MAR 14 197, Rule Municipal Corporation, and CAPROCK BUSINESS FORMS, INC., a Corporation, of Lubbock County, Texas, hereinafter called "LICENSEE". WITNESSETH: Subject to the terms, conditions and provisions herein the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated alley to construct and maintain a canopy in and upon the following described portion of dedicated ""* public alley; to -wit: BEGINNING at a point a distance of 82.00 feet West of the Southeast corner of Lct16, Block 137, Original Town, an addition to the City of Lubbock, Lubbock County, Texas; THENCE South 15.00 feet to a point; THENCE West 12.00 feet to a point; THENCE North 15.00 feet to a point; THENCE East 12.00 feet to the PLACE OF BEGINNING. Said canopy shall be so constructed by LICENSEE so that it can be removed for any emergency use upon request by the CITY OF LUBBOCK. 1. The terms of this grant shall be from year to year not to exceed twenty (20) years without renewal by the City Council and the CITY OF LUBBOCK retains the right, at its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the Post Office, postage paid, addressed to LICENSEE at 605 Broadway, Lubbock, Texas. Upon expiration or cancellation and revocation of this License by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refused to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK, shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against the LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay the CITY OF LUBBOCK as a compensation for such grant the sum of FIVE AND N01100 ($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 1 of each succeeding .� year for the duration of this license. 3. Payment of the annual fee provided above, except the initial payment shall be made by LICENSEE to CITY OF LUBBOCK on January lst of each year this license is in effect. Notice of such fee being due shall be sebt by the CITY OF LUBBOCK to LICENSEE and upon failure of LICENSEE to pay such fee within thirty (30) days from receipt of such notice, the CITY OF LUBBOCK 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 LICENSEE. 4. The LICENSEE agrees to pay all costs arising out of the exercise of this 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. 5. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the re-routing or re -alignment of any public utility, franchised utility, or sanitary or sbrm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such re -locating or re-routing over and above the expense which would have been incurred except for LICENSEE'S use herein. 6. This license is not transferable by the LICENSEE without first receiving the written consent by the CITY MANAGER of the CITY OF LUBBOCK. 7. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or beiin or complete any part of the con- struction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, his heirs and assigns, will at all times defend, indemnify and other- wise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims, demand, 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 main- tenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with out contractors hired by LICENSEE to perform the construction, repair or maintenance per- mitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such con- tractor. The CITY OF LUBBOCK may further require such,contractor,..when engaged in -the construc- tion, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, 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 assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agtees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 8. LICENSEE and is required to furnish a policy of public liability and property damage 136 �R 14 1974 insurance, within limits specified by, and in a form satisfactory to the City Attorney, for the CITY OF LUBBOCK ind which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 9. 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 -LICENSE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK, without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph (6). 10. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights or possession are intended or implied except those expressly set forth herein and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this License. ATTEST: /s/ Treva Phillipp, City Secretary -Treasurer AGREED TO AND ACCEPTED this 14th day of March, 1974. APPROVED: /s/ Fred 0. Senter, Jr., City Attorney a APPROVED: /s/ Wilford D. Watson, City Engineer CITY OF LUBBOCK /s/ MORRIS W. TURNER, MAYOR LICENSEE: CAPROCK BUSINESS FORMS, INC. /s/ ROSS HUNTER, PRESIDENT NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, March 14, 1974. MORRIS W. TURNER, MAYOR ATTEST: Treva Phillips, City S retary-Treasurer' READ AND APPROVED THIS THE 28th day of March, 1974. ATTEST: Treva Phillips, City�cretary-Treasurer MORRIS W. TURNER, MAYOR