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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/25/1968JUL 2 5 1961 July 25, 1968 REGULAR MEETING: The City Council of the City of Lubbock, Texas, met at 10:00 o'clock a.m. in the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor W. D. Rogers, Jr., and Councilmen James H. Granberry, Lonnie F. Hollingsworth, Deaton Rigsby and Morris W. Turner, City Attorney Fred 0. Senter, Jr., Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. Absent: City Manager W.-R. Blackwell 68-27-265-625 Invocation was given by Director of Finance Sterling K. Miller. . (1) 68-27-265-626 Pledge of Allegiance to the Flag was given in unison by those in -the Council Chamber. (2) 68-27-265-627 Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers ant (3) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize approval of City Council Minutes - Regular Meeting held July 11, 1968; Special Called Meeting held July 18, 1968. 68-27-265-628 Motion by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Rogers (4) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize approval of Minutes of Accounts Allowed for the months of May and June, 1968, checked by Councilman Hollingsworth. VOUCHERS CHECKED BY COUNCILMAN, LONNIE HOLLINGSWORTH, JULY 12, 1968 Fund May June 'General Fund 9013-9903 9904-10,000 & 1-174 City Special BCD Fund 112 113 Paving Fund 26 - -- Personal Appearance Bond Fund 166-194 195-204 Sewer Pro Rata Fund 1079-1092 1093-1099 Special Fund 241-242 243 Tax Certificate Fund 118 119 Undistributed Tax Fund 347-349 350-352 Working Capital Fund 6766-7087 7088-7374 Electric Revenue Fund 4455-4651 4652-4801 Airport Revenue Fund 4024-4075 4076-4119 Waterworks Revenue Fund 1176-1314 1315-1447 Water Capital Projects Fund 1742-1756 1757-1772 Water Pro Rata 1600-1616 1617-1626 Water Treat. & Soft. Plant Constr. Fund 102-103 104-105 Interest & Sinking Fund' 245 246-247 Fire Station Building Fund .101-107 108-117 Storm Sewer Fund 792-798 799-804 Traffic Light Fund 351-352 353-361 Park Fund 1298-1309 1310-1315 Street Improvement Fund 1987-1990 1991-2009 Sanitary Sewer Fund 916.920 921-924 Street Light Fund 564-567 568-569 Sanitation -Garbage Trash Disposal Facility '1-3 4 68-27-265-629 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (4a) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION WHEREAS, Edwinna Granberry, the wife of our fellow Councilman, Dr. James Granberry, has presented Jim with a son, Timothy Edwin Granberry, born on July 21, 1968, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor and City Council hereby extend their heartiest congratulations to Dr. James Granberry, and his wife, Edwinna, and our welcome and best -wishes to Master Timothy Edwin. Passed by the City Council this 25th•day of July, 1968. ATTES Jj; LAVENIA LOWE, City Secre ry-Treasurer APPROVED: s F. 0. Senter. Jr. 266 JUL 2 5 1968 68-27-266-630 (9 ) 68-27-266-631 (10) Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5498 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5498 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Bond Fund The sum $15,970.00 For the following purpose: Payment to Santa Fe Railway Company for construction of a board crossing and installing signals and control equipment at Quaker Avenue and Railway Crossing. (at the Brownfield Road) Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5499 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5499 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Fund The sum $19,323.00 For the following purpose: Acquisition of Parcels l and 2, Indiana Avenue right of way. GWO 10519. The owner is Mr. M. M. Fisher of Andrews, Texas. The parcels may be described as being the East 60 feet of Lots 1 and 16, Block 1, Westlawn Addition to the City of Lubbock, Lubbock County, Texas, and are located on the west side of Indiana Avenue between 19th and 20th Streets. 68-27-266-632 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (11) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- -nance No. 5487 be passed on second and final reading. .ORDINANCE NO. 5487 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. 1098-A: CHANGE TWO TRACTS OF LAND OUT OF SECTION EIGHT, BLACK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO "R-2" AND "R-3" ZONING DISTRICTS; SUBJECT TO CONDITIONS; AND PROVIDING FOR PUBLICATION. 68-27-266-633 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (12) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5502 be passed on second and final reading. ORDINANCE NO. 5502 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. 1558: CHANGE A TRACT OF LAND OUT OF SECTION 5, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY,. TEXAS, FROM AN "R-1" TO AN "M-l" ZONING DISTRICT AND PROVIDING FOR PUBLICATION. 68-27-266-634 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (13) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5496 be passed on second and final reading. ORDINANCE NO. 5496 AN ORDINANCE AUTHORIZING AND DIRECTING THE CONSTRUCTION OF CONCRETE MEDIAN DIVIDERS ON 50TH STREET BEGINNING AT THE WEST SIDE OF SLIDE ROAD AND EXTENDING WEST FOR 100 FEET; ON SLIDE ROAD BEGINNING AT THE NORTH SIDE OF 50TH STREET AND EXTENDING NORTH FOR 100 FEET; ON SLIDE ROAD, BEGINNING AT THE SOUTH SIDE OF 50TH STREET AND EXTENDING SOUTH FOR 100 FEET; ON 29TH DRIVE; BEGINNING NORTHWEST OF BROWNFIELD ROAD AND EXTENDING NORTHWEST FOR 120 FEET; ON 29TH DRIVE, BEGINNING EAST OF SLIDE ROAD AND EXTENDING EAST FOR 100 FEET; DEFINING -THE TERM "MEDIAN DIVIDER"; AUTHORIZING SUCH WARNING AND DIRECTIONAL SIGNS, DEVICES, STRUCTURES OR IMPROVEMENTS AS NECESSARY; PROVIDING A PENALTY FOR ANY PERSON WHO DRIVES A MOTOR VEHICLE ON OR OVER SUCH MEDIANS AND PRO- VIDING FOR PUBLICATION. 68-27-266-635 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (14) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5501 be passed on second and final reading. 2 JUL 2 5 19 ORDINANCE NO. 5501 AN ORDINANCE AMENDING ARTICLE II, ENTITLED "AIRPORT BOARD", OF CHAPTER THREE OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, BY AMENDING SECTION 3-12 TO PROVIDE FOR THE INCREASE OF THE COMPOSITION -OF THE AIRPORT BOARD FROM FIVE MEMBERS TO SEVEN MEMBERS; PROVIDE FOR THE TERMS OF SUCH NEW MEMBERS; AND AMEND SECTION 3-16 TO PROVIDE FOR A QUORUM OF FOUR MEMBERS FOR THE TRANS- ACTION OF BUSINESS. 68-27-267-636 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (15) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, -none voting Nay, that Ordinance No. 5500 be passed on second and final reading.. ORDINANCE NO. 5500 AN ORDINANCE ABANDONING AND CLOSING THOSE PORTIONS OF OXFORD AVENUE, 23RD STREET AND THE ALLEY IN THE S. G. BROWN SUBDIVISION THAT ARE WITHIN THE LIMITS OF A PLAT ENTITLED LOT A, SAINT MARY'S ADDITION TO THE CITY OF LUBBOCK, LUBBOCK.COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIB- ED ON SAID PLAT; AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL NAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT -OF THE PORTIONS OF SAID STREETS AND ALLEY AS AFORESAID. 68-27-267-637 (16) Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner 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 execut( for and on behalf of the City of Lubbock a QUIT CLAIM DEED to The Sisters of St. Joseph of Texas, a Corporation,attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be -a part of this Resolution as if fully copied herein in detail. Passed by the Council this 25th day of July, 1968. ATTEST: t LAVENIA LOWE, City Secrete y-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney QUIT CLAIM DEED THE -STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I THAT the City of Lubbock, a Home Rule Municipality of the County of Lubbock and the 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 the Sisters of St. Joseph of Texas, a Cor- poration, a Texas Corporation of the State of Texas, the receipt of which is hereby acknowledged, does by these presents BARGAIN, SELL, RELEASE and FOREVER QUIT CLAIM unto the said The Sisters of St. Joseph of Texas, a Corporation, its successors and assigns, all its rights, title and interest to those certain tracts or parcels of land lying in the County of Lubbock and the State of Texas, described as follows, to -wit: Those portions of Oxford Avenue, 23rd Street and the alley in the S. G. Brown Subdivi- sion, City of Lubbock, that are situated within the. limits of a plat of Lot A, St. Mary's Addition to the City of Lubbock, Lubbock County, Texas and being more particular- ly described on said plat. Save and except, however, any and all easements and/or dedications shown and retained on such plat. TO -HAVE AND TO HOLD the said premises, together with all and singular the rights, pri- vileges and appurtenances thereto in any manner belonging unto the said The Sisters of St. Joseph of Texas, a Corporation, its successors and assigns forever, so that the said City of Lubbock, not its successors and assigns,'nor any person or persons claiming under it shall, at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. WITNESS MY HAND at Lubbock, Texas, this 25th day of July, 1968 CITY BY: W. D. ROGERS, JR% y , a ATTEST• t LA IA LOWE, Ciff Secre ary-Treasurer APPROVED: 8 L 2 5 1968 68-27-268-638 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (17) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5509 be passed on first reading. ORDINANCE NO. 5509 AN ORDINANCE ESTABLISHING A BUILDING LINE ON THE WEST SIDE OF AVENUE H FRCM THE NORTH RIGHT OF WAY LINE OF 4TH STREET TO THE SOUTH RIGHT OF WAY LINE OF 2ND PLACE, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; PROVIDING THAT NO BUILDING OR OTHER STRUCTURE SHALL HERE- AFTER BE ERECTED, RE -ERECTED OR SUBSTANTIALLY -REPAIRED BETWEEN SUCH BUILDING LINE AND THE RIGHT OF WAY LINES EXISTING PRIOR TO -THE BUILDING LINE ESTABLISHED HEREIN; REQUIRING EXISTING STRUCTURES ON, OR EXTENDING BEYOND THE BUILDING LINE HEREIN ESTABLISHED TO CONFORM TO SUCH BUILDING LINE WITHIN TWENTY-FIVE (25) YEARS; DEFINING "BUILDING LINE" AND PROVIDING THAT SETBACK REQUIREMENTS UNDER THE CITY'S ZONING ORDINANCE AND AMENDMENTS THERETO BE DETERMINED FROM THE BUILDING LINE HEREIN ESTABLISHED; PROVIDING EXCEPTIONS FOR UTILITY EXTENSIONS AND PUBLIC IMPROVEMENTS; REPEALING ALL ORDINANCES ESTABLISHING BUILDING LINES WHICH CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 68-27-2-68-639 Motion by Councilman Hollingsworth, seconded by -Councilman Turner, motion carried, Mayor Rogers (18) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5510 be passed on first reading. ORDINANCE NO. 5510 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 5471 COVERING ZONE CASE NO. 1531 WHICH COVERED PROPERTY WITHIN THE URBAN RENEWAL AREA SOUTH OF EAST NINETEENTH STREET AND EAST OF AVENUE A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY CORRECTING SAID ORDINANCE TO REFLECT THE ACTION OF THE CITY COUNCIL. 68-27-268-640 Motion by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Rogers (19) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5511 be passed on first reading. ORDINANCE NO. 5511 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 5472 COVERING ZONE CASE NO. 1531-A WHICH COVERED PROPERTY WITHIN THE URBAN RENEWAL AREA SOUTH OF EAST NINETEENTH STREET AND EAST OF AVENUE A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY CORRECTING SAID ORDINANCE TO REFLECT THE ACTION OF THE CITY COUNCIL. 68-27-268-641 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (23) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize purchase of Parcel 5, Lot 1, Block 1, Squyres Place Addition, being 3401 21st Street from the A. G. Moore Estate for a consideration of $16,000; and Parcel 11, being the north 49.75 feet of Tract L, Block 1, Tract 4, H. W. Stanton Subdivision -being 2304 Indiana Avenue from Mr. Marion Sanford for a consideration of $7,000. These purchases being for the widening and paving of Indiana Avenue between 19th Street and 34th Street. 68-27-268-642 (23a) 68-27-268-643 (28) Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5512 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5512 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific'funds-out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL -OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Funds The sum $23,000.00 For the following purpose: Acquisition of Parcels 5 and 11, Indiana Avenue Project. GWO 10519. Parcel 5, 3401 21st Street, A. G. Moore Estate, Legal is Lot 1, Block 1, Squyres Place Addition, Consideration - $16,000.00 Parcel 11, 2304 Indiana Avenue, Marion Sanford, Legal is North 49.75 feet of Tract L, Block 1, Tract 4, H. W. Stanton Subdivision, Considera- tion - $7,000.00 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION WHEREAS, the City Council has heretofore determined a need to relocate portions of Quaker Avenue at its intersection with Loop 289, because of a large lake area which exists to the North of such intersection, and creates a problem in regard to street development, and 11 WHEREAS, the City of Lubbock has secured the necessary right-of-way for such street relocation, which conforms with the requirements of the State of Texas and has been secured at no cost to the State of Texas, and the State of Texas, by such transaction, has received more land as well as better land in regards to flooding, therefore, the City of Lubbock requests that the State of Texas make an exception to its usual policy of conveying surplus land to the adjacent owners, and that such surplus land be conveyed to the City of Lubbock; NOW THEREFORE: JUL 2 5 19 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council of the City of Lubbock does'hereby request the State of Texas, acting through the Texas Highway Commission, to convey the portions of the right-of-way at the intersection of Quaker Avenue and Loop 289, which it determines to be no longer needed for the use of citizens as a road, to the City of Lubbock. Such property is described as follows: TRACT A -- 1.153 acres of land in two (2) parts being out of and a part of that certain 15.174 acre tract in the Northeast one -quarter of Section 10,- Block E-2, which 15.174 acre tract was conveyed to the State of Texas by Deed dated 17 May 1958 and recorded in Volume 694, Page 587, Deed Records of Lubbock County, Texas, which 1.153 acres of land are -more particularly described by metes and bounds as follows: PART 1 BEGINNING at a point in the East Line of Section 10, Block E-2, which point is 864.1 feet South of the Northeast Corner of said Section 10, and which point is the Northeast Corner of said 15.174 acre tract; THENCE S 00 03' E, 279.84 feet along the East Line of Section 10 to a point which lies N 00 03' W, 241.84 feet from the point of intersection of said East Line with the centerline of an existing highway; THENCE N 720 03' W, 232.52 feet along a line parallel to and 230.0 feet Northerly from said Highway centerline to a point in the existing highway ROW Line; THENCE in a Northeasterly direction along a circular curve to the left, the center of the curve being N 140 33' W, 215.00 feet from the beginning of the curve, a distance of 283.31 feet along said existing highway ROW Line to a point in the North Line of said 15.174 acre tract; THENCE N 890 57' E, 60.00 feet along said -North Line to the point of beginning and con- taining 0.682 acre of land. PART 2 BEGINNING at a point in the East Line of Section 10, Block E-2, which point is 1904.1 feet South of the Northeast Corner of said Section 10, and which point is the Southeast Corner of said 15.174 acre tract; THENCE N 00 03' W, 276.46 feet along the East Line of Section 10 to a point which lies S 00 03' E, 241.84 feet from the intersection of said East Line with the centerline of an existing highway; THENCE N 720 03' W, 132.62 feet along a line parallel to and 230.00 feet Southerly from said highway centerline to a point in the existing highway ROW Line; THENCE in a Southeasterly direction along a circular, curve to the right, the center of the curve being S 430 47' 44" W, 215.00 feet from the beginning of the curve, a i distance of 173.19 feet along said highway ROW Line to a point; THENCE S 00 03' E, 162.5 feet along said highway right of way line to a point in the South Line of said 15.174 acre tract; THENCE N 890 57' E, 60.00 feet along said South Line to the point of beginning and containing 0.471 acre of land. TRACT B -- 1.185 acres of land in two parts being out of and a part of that certain 21.358 acre tract in the Northwest one-quarter•of Section 11, Block E-2,'which 21.358 acre tract was conveyed to the State of Texas by deed dated 15-August 1957 and recorded in Volume 666, Page 307, Deed Records of Lubbock County, Texas, which 1.185' acres of land are more particularly described by metes. and bounds as follows: PART 1 BEGINNING at a point in the West Line of Section 11, Block E-2 which point is 864.1 fee - South of the Northwest Corner of said Section 11, and which point is the Northwest Corner of said 21.358 acre tract; - THENCE S 00 03' E, 279.84 feet along the West Line of Section 11 to a point which lies N 00-03' W, 241.84 feet from the point of intersection of said West Line with the centerline of an existing highway; THENCE S 670 35' E, 208.68 feet along a line to a point in said existing highway ROW Line; THENCE in a Northwesterly direction along a circular curve to the right, the center of -the curve being N 220 25' E, 215.00 feet from the beginning of the curve, a distance of 253.42 feet along said existing highway ROW Line to a point; THENCE N 00 03' W, 160.9 feet along said existing highway ROW Line to a point in the North Line of said 21.358 acre tract; THENCE S 890 57' W, 60.00 feet along said North Line to the point of beginning and containing 0.457 acre of land. PART 2 BEGINNING at a point in the West Line of Section 11, Block E-2, which point is 1904.1 feet South of the Northwest Corner of said Section 11, and which point is the South- west Corner of said 21.358 acre tract; THENCE N 00 03' W, 276.46 feet along the West Line of Section 11 to a point which lies S 00 03' E, 241.84 feet from the intersection of said East Line with the centerline of an existing highway; _ THENCE S 780 21' E, 325.36 feet along a line to a point in the said existing highway T ~T T S 270 L 2 5 1968 THENCE in a Southwesterly direction along a circular curve to the left, the center of the curve being S 110 39' W, 215.00 feet from the beginning of the curve, a distance of 381.62 feet along said highway ROW Line to a point in the South Line of said 21.358 acre tract; THENCE S 890 57' W, 60.00 feet along said South Line to the point of beginning and con- taining 0.728 acre of land. �\ _ Passed by the City Council this 25th day of July, 1968. Ij t 4 W. D. ROGERS, o ATTEST: ► LAV IA LOpWE, CifSecre ary-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City ^Attorney 68-27-270-644 Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (31) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to author- ize the appointment of Dr. Glenn Barnett to fill the unexpired term of Sydney A. Moore who resigned and Ron Wright to fill the unexpired term of W. M. Wright who resigned as members of the Citizens Traffic Commission. Dr. Barnett's term to expire July.13, 1970; Mr. Wright's term to expire July 13, 1969. This is a nine member board, other members being: David Collier, Alton L. Abbott, Dr. W. W. Lundberg, Charles E. Colson, Bob Blon, George Miller and Harold Carrico. 68-27-270-645 Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Rogers (32) and Councilmen Granberry, Hollingsworth,, Rigsby, and Turner voting Yea, none voting Nay, to authorize the appointment of Bill Edd McLaughlin, Douglas Boren and Mrs. Donald (Liz) Tankersley to replace Kenneth May, Asher J. Thompson, and James K. Kopf whose terms expire August 1, 1968, as members of the Auditorium -Coliseum Operational Board for five year terms. These terms will expire August 1, 1973. This is a twelve member board. Other members of the board are: Mrs. Robert L. Snyder, Rev. Dudley Strain, Charles Jones, Mrs. W. E. Keeney, Jim Ed Waller, Alton R. Griffin, Marshall Pennington, Mrs. Charles Verner and Jay Eagan. 68-27-270-646 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (33) Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, to authorize the appointment of Harlan Cook, Jr., and Mrs. Carrol Cobb to replace Johnnie P. Davis and Rev. Phil Widmer whose terms expire August 8, 1968, as members.of the Youth Council for three year terms; terms to expire August 8, 1971. This is a six member board; other members being: Rev. Herman Williams, Bill Sharpley, Frank E. Caldwell and Father Aiden Donlon. 68-27-270-647 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (34) Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, to authorize the appointment of Robert E. Stanford to fill the unexpired term of Douglas Blackburn who resigned as a member of the Board of Electrical Examiners. Mr. Stanford's term to expire January 1, 1969. This is a seven member board; other members being: Joe Fry, Jimmy Wallace, J. B. Joiner, Gordon B. Hilton, Cecil Jennings and Byron Martin.- 68-27-270-648 Motion by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Rogers (36) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay to authorize the appointment of Gene Anderson to replace David Casey.whose term expires August 11, 1968, as a member of the Airport Board for a three year term. Mr. Anderson's term to expire August.11, 1971. This is a seven member board; other members being: Clem Boverie, Lee Fields, Robert G. Schuster, Dr. Clifford J. Breaud, Eddie E. Martin and Bill W. Cantrell. 68-27-270-649 Bids as follows were received for purchase of miscellaneous electric items, being Bid No., 362. (37) Bid Tabulation set in Bid Book. After.consideration of all bids received, motion was made by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Graybar Electric Company for purchase of Items 1 and 5. Accept the bid of Nelson Electric Supply Company for purchase of Item 2. Accept the bid of Temple, Incorporated for purchase of Items 3 and 4. 68-27-270-650 Bids as follows were received for purchase of 100,000 lbs. of B.H.C. dust for mosquito control, (38) being Bid No. 351. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid of Chevron Chemical Company - Brownfield, for purchase of B.H.C. dust for mosquito control. 68-27-270-651 Motion by Councilman Turner, seconded by Councilman Granberry, motion carried, Mayor Rogers and (21) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. 11 21 JUL 2 5 1968 em" RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF AN ALLEY AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of .City Ordinance 1331, the subdivider of Modern Manors Addition Tracts A, B & C, made arrangements with Hulen J. Penney for the construction of paving improvements on certain alley dedicated in said subdivision under the provisions of'said Ordinance prior to the recording of the subdivision plat of Modern Manors Addition including the following alley: The North -South alley between Belton -Avenue and Boston Avenue from the North Property Line of 50th Street to 265 feet North of the North Property Line of 50th Street, known and designated as Part of Unit 2187. AND WHEREAS, the construction of the above improvements on the abovementioned alley 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-'alley 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 fz PASSED AND APPROVED THIS 25TH DAY OF JULY, 1968. ATTEST' LAVVU LOWE, Cit'Secreiipry APPROVED: /s/ Samuel W. Wahl Samuel W. Wahl, City Engineer APPROVED: /s/ Fred 0. Senter. Jr. FRED 0. SENTER, JR., City Attorney Honorable Mayor and City Council Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Hulen J. Penney, paving contractor, under his contract with the subdividers of Modern Manors Tracts A, B, and C and find the improve- ments on the N-S alley between -Boston Avenue and Belton Avenue from 50th Street to 265' North of 50th Street as listed on the final estimate sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said alley, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due him by the City of Lubbock. Yours very truly, /s/ Samuel W. Wahl Samuel W. Wahl City Engineer CONSOLIDATED FINAL ESTIMATE MODERN MANORS ADD. TRACTS A. $_& C Acce,ted_July „25, 1968 UANTITIES Curb & S.Y. S.Y. Gutter Unit & L. F. Alley Alley Removal Sub -Unit Location C & G Paving Removal L.F. Part of 2187 The N-S alley between Belton 28.56 343.56 1.53 32.42 Ave. and Boston Ave. from the North Lip Line of 50th St. to 265' N. of the NPL of 50th St. COST ESTIMATE 28.56 L. F. Curb & Gutter @ $2.50 $ 71.40 343.56 S. Y. Alley Paving @ $7.00 2,404.92 1.53 S. Y. Alley Paving Removal @ $3.50 5.36 32.42 L. F. Curb & Gutter Removal @ $1.00 32.42 CONTRACT'COST $ 2,514.10 2'72 k 2 5 1969 COST DISTRIBUTION Property Escrow Unit & Contract Owner City to to be Sub -Unit Cost Cost Contractor Released Part of 2187 2,514.10 291.98 198.02 2,024.10 68-27-272-652 Motion by Councilman Turner, seconded by Councilman Granberry, motion carried, Mayor Rogers and (22) Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE 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 Pioneer Pavers, Inc. (G.W.O. 2935) 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: York Avenue from its intersection with a line 12 feet North of the South Property Line of 35th Street to its intersection with the North Property Line of 36th•Street, known and designated as Sub -Unit Number 13 of Unit Number 2179. York Avenue from its intersection with the South Property Line of 36th Street to its intersection with a line 12 feet South of the North Property Line of 37th Street, known and designated as Sub - Unit Number 14 of Unit Number 2179. York Avenue from its intersection with a line 12 feet North of the South Property Line of 37th Street to its intersection with the North Lip Line of 38th Street, known and designated as Sub - Unit Number 15 of Unit Number 2179. York Avenue from its intersection with the South Lip Line of 38th Street to its intersection with a line 12 feet South of the North Property Line of 39th Street, known and designated as Sub -Unit Number 16 of Unit Number 2179. York Avenue from its intersection with a line 12 feet North of the South Property Line of 39th Street to its intersection with the North Property Line of 40th Street, known and designated as Sub -Unit Number 17 of Unit Number 2179. York Avenue from its intersection with the South Property Line of 40th Street to its intersection with the North Property Line of 41st Street, known and designated as Sub -Unit Number 18 of Unit Number 2179. York Avenue from its intersection with the South Property Line of 41st Street to its intersection with the North Property Line of 42nd Street, known and designated as Sub -Unit Number 19 of Unit Number 2179. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract (G.W.O. 2935). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned alleys, 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. 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 pro- ceedings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force PASSED AND APPROVED THIS 25TH DAY OF JULY, 1968. ATTEST : i LAVENIA LOWE, City Secretfry from and of r is passage. s j W. D. ROGERS, JR., or r j 11 APPROVED: Isl Samuel W. Wahl Samuel W. Wahl, City Engineer APPROVED: . - - - 2'7 JUL 2 5 196 op - Honorable Mayor and City Council Lubbock, Texas Gentlemen: July 25, 1968 I have examined the paving improvements constructed by Pioneer Pavers, Inc., paving contrac- tor, under their contract dated November 9, 1967, designated as G.W.O. 2935 and find the improve- ments on York Avenue from 35th Street to 42nd Street as listed on the final estimate and assess- ment sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said avenue, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock and issue assignable certificates against property owners for the respective amounts shown on the attached final assessment sheets as being due against them and their respective properties. Yours very truly, Is/ Samuel W. Wahl Samuel W. Wahl City Engineer CONSOLIDATED FINAL ESTIMATE G.W.O. 2935 Accepted July 25 1968 QUANTITIES S.Y. S.Y. S.Y. Unit & Paving L.F. Alley Valley Sub -Unit Location 6" Base C & G. Return Gutter 2179-13 York Ave. from 12' N. of the SPL-of 796.00 593.12 21.33 35th St. to the NPL of 36th St. 2179-14 York Ave. from the SPL of 36th St. 818.00 613.72 20.53 to 12' S. of the NPL of 37th St. 2179-15 York Ave.. from 12' N. of the SPL of 900.58 652.24 21.33 37th St. to the- N. Lip Line of 38th St. 2179-16 York Ave. from the S. Lip Line of 861.00 632.08 21.33 28.23 138th St. to 12' S. of the NPL of 39th St. 2179-17 York Ave. from 12' N. of the SPL 828.44 609.46 21.33 of 39th St. to the NPL of 40th St. 2179-18 York Ave. from the SPL of 40th St. 808.89 584.00 21.33 to the NPL of 41st St. 2179-19 York Ave. from the SPL of 41st St. 777.11 562.00 21.33 to 6' N. of the NPL of 42nd St. Totals COST ESTIMATE 5,790.02 4,246.62 148.51 28.23 5,790.02 S.Y. Paving 6" Base @ $1.95 $ 11,290.54 4,246.62 L.F. Curb & Gutter @ $1.85 7,856.24 148.51 S.Y. Alley Return @ $7.00 1,039.57 28.23 S.Y. Valley Gutter @ $7.50 211.73 CONTRACT COST $ 20,398.08 COST DISTRIBUTION Property City to Unit & Contract Owner Contractor Sub -Unit Cost Cost NOW 2179-13 2,798.78 1,919.56 879.22 2179-14 2,874.19 2,014.56 859.63 2179-15 3,112.09 1,976.56 1,135.53 2179-16 3,209.34 1,976.56 1,232.78 2179-17 2,892.26 2,014.56 877.70 2179-18 2,807.05 2,014.56 792.49 2179-19 2,704.37 1,930.96 773.41 TOTALS 20,398.08 13,847.32 6,550.76 68-27-273-653 Mr. Henry L. Senor of 3605 48th Street appeared before the City Council requesting that Building (6) Permit #1973 for erection of a large amusement slide to be placed at the rear of the premises in the 3600 Block of 50th Street be revoked.- Mr. Senor stated that it is his feeling and it is also felt by the property owners in this area, that since Ordinance No. 3691 zoned property on 50th Street between Memphis Avenue and Knoxville -Avenue "C-3", but excluded golf driving ranges, miniature golf courses and lumber yards, that the""Texas Slide" should not be located there. Mr. Senor stated that because of the height of the slide it has left no privacy in the back yards of the residents in this area. Also that the large number of peYsons using the slide and congregating in the area create a nuisance. This request was taken under advisement by the City Council. !I 68-27-273-654 Mrs. G. W. Morrelli appeared before the City Council and presented the following request: i (7) �_4 .7 JUL 2 5 1968 Mayor W. D. Rogers July 17, 1968 Lubbock City Hall 916 Texas Avenue Lubbock, Texas 79408 Honorable Mayor Rogers: This letter is an urgent request to the City of Lubbock to act now on the drainage problem of the playa lake at South Quaker Avenue and Loop 289. All the streets in this area are designed to carry run off water into the lake. As more area is developed and more streets are paved, the lake is expected to hold more and more water. This it will not do. The rainstorm of July 13th filled the lake to over its capacity. The water backed up into surrounding streets and residential properties. As of this date, there is standing water on Peoria Avenue, 64th Street and the newly constructed and paved South Quaker Avenue. Quaker Avenue is impassable from 63rd Street to Loop interchange due to deep water. This flooding is a fact now. More development and drainage into the lake will result in disaster to all of us in the area. But, it can be prevented. The City of Lubbock Engineering Department has explained that their proposed drainage system is designed to carry lake water from the north side of Loop 289 to the south side via culverts under Loop 289. This is a sound solution to the problem; we ask that this drainage system be completed befoor_e_ more development occurs on the north side. Since the City of Lubbock is now in the process of paving more area streets, developing Elmore Park, and has already approved zone changes to accommodate the proposed medical center, we the undersigned property owners urgently request adequate drainage of the lake be provided for now. Mrs. G. W. Morrelli, 6401 Peoria Ave. Paul R. Schlador 6507 Peoria Ave-. Evangeline K. Schlador 6507 Peoria Ave. Johnny Crabtree 6501 Peoria Connie Kelley 4211 64th Mrs. Gene Tate 4206 64th Anne H. Mcllroy 4204 64th G. R. Gearhart 4208 64th Mrs. Dorthey Higgins 4216 64th Dorance D. Higgin 4216 64th Gene Tate 4206 64th St. S. D. Gardner 4207 64th Sincerely yours, Mrs. Richard Hardy 6403 Peoria Richard 0. Hardy 6403 Peoria Mrs. Delbert Mc Dougal 6407 Peoria Delbert McDougal. 6407 Peoria Mrs. Johnny Crabtree 6501 Peoria Mrs. C. Ted Cummings 6505 Peoria Mrs. Jack L. Agnew 4302 64th Street G. E. Mcll,roy 4204 64th Mrs. G. R. Gearhart 4208 64th Harold Holt 6405 Peoria Janie Holt 6405 Peoria Mrs. S. D. Gardner 4207 64th Mrs. G. E. McElroy also appeared before the City Council in this regard. The City Council advised these property owners that the City will do everything possible to keep their residences from flooding. Also that a drainage easement is being considered as well as installation of a pump to eliminate flooding. Mr. A. C. Hamilton who was present in the Council Chamber agreed to meet with these property owners to show them the master plan for development of Leroy Elmore Park. The City Staff was instructed to spray the area for mosquitos. 68-27-274-655 Mr. Bruce Kattmann appeared before the City Council requesting removal of signs prohibiting left (7a) turns from 19th Street. Also that left hand turns be allowed on to 19th Street from side streets. Mayor Rogers suggested to Mr. Kattmann that he and his committee meet with Mr. Sherrell, Traffic Director for the City of Lubbock, and present their requests for.traffic changes on this street. The City Council will then consider recommendations of the Traffic Department for adjustment of the traffic signs. 68-27-274-656 (20) GENERAL SERVICES ADMINISTRATION Reg ion 7 Fort Worth, Texas 76102 Date: July 3, 1968 Reply to Attn of: 7PRR Subject: Lubbock, Texas, U. S. Post Office - Patron Parking To: City of Lubbock Traffic Department Attention: Mr. H. City Hall Wayne Sherrell, Director Lubbock, Texas 79408 In accordance with the agreement between you and our representative on June 28, 1968, we request your consideration and council approval of the proposed rearrangement of patron parking at the front of the United States Post Office. As you recall, our proposal will include the changing of the entrances and exits to the patron parking area from Avenue G to 15th and 16th Street. The Government can fund and construct the revised entrances, curb and close the entrances and exits on Avenue G, and relocate the five feet wide sidewalk adjacent to the street curb along Avenue G and 15th and 16th Streets. The Govern- ment, however, cannot improve property outside our property line and, as discussed with you dur- ing the visit on June 28, we request approval for the City to pave the city property, approximately 21 feet. in width, and stripe the individual parking spaces that this area would provide. The additional paved city area would provide an additional 23 spaces for use for patrons conducting business with the Post.Office. If you approve of this request please furnish us with an official city council action and we will c�r JUL 2 5 19 r"+ 68-27-275-657 (26) the changed parking arrangement. If this request is approved we will coordinate our work with your requirements in order to provide minimum interruption in the orderly flow of patron traffic in this area. Thank you for the courtesy extended to our representative during his visit to your office. /s/ Raymond Jones RAYMOND E. JONES Acting Chief Space Management Division Public Buildings Service Motion by Councilman Rigsby, seconded by Councilman,Turner, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the City Council authorize issuance of a street use license to the United States Post Office; however, the cost of hard surfacing the area to be borne by the government as the City cannot spend money for hard surfacing on private property. This area being Avenue G between 15th and 16th Streets. Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the clearance of the right-of-way on Indiana Avenue between 19th Street and 34th Street. An effort to be made to clear as many residences as possible by October 1, 1968, for the right-of- way, advertise these houses for sale in the month of October and if possible clear the right-of- way for the widening of Indiana Avenue by December 31, 1968. 68-27-275-658 Motion by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (30) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to autho- rize acceptance of the agreement between the City of Lubbock and Pioneer Natural Gas Company for sale of gas to the City of Lubbock for the period of January 1, 1971 through December 31, 1971. City of Lubbock July 9, 1968 P•. 0. Box 2000 Lubbock, Texas 79408 Attention: Mr. N. B. McCullough. Gentlemen: Pioneer Natural Gas Company, as Seller, and the City of Lubbock, as Buyer, are parties to a Gas Sales Agreement dated the lst day of -January, 1960. As amended by Agreement dated the 6th day of October, 1966- the price to be paid pursuant to the Gas Sales Agreement dated the lst day of January, 1960, is 21C per Mcf from January 1, 1966 through December 31, 1970. The Amendment further provides that during themonth of June, 1968, the parties will determine the price to be paid from January 1, 1971, through December 31, 1971, and pursuant to said provision the parties have agreed that the price to be paid during this period shall be 21.24� per Mcf, for all gas purchased by Buyer from Seller under said Gas Purchase Agree- ment dated January 1, 1960, as amended. If the above correctly states our agreement, please so indicate your acceptance by execut- ing in the space provided below and return two copies to the attention of Mr. J. J. Heitz. ACCEPTED AND AGREED TO THIS 25TH DAY OF JULY1.7"W68. CITY • Title: Its Mayor Very truly yours, PIONEER NATURAL GAS COMPANY By Isl C. I. Wall President 68-27-275-659 Motion by Councilman RiSy, sended by Councilman Granberry, motion carried, Mayor Rogers and (39) Councilmen Granberry, Ho ingsw th, Rigsby, and Turner voting Yea, none voting Nay, to authorize the Mayor to execute a contract between the City of Lubbock and Mr. J. E. Birdwell in connection with the sale of water rights in Bailey County. STATE -OF TEXAS COUNTY OF BAILEY : This contract this day made and entered by and between J. E. BIRDWELL, First Party, and CITY OF LUBBOCK, a Municipal corporation, acting by and through its Mayor thereunto duly authorizer herein called Second Party, WITNESSETH• The terms and provisions of an irrigation water well exchange contract dated October 29, 1957, between John L. Birdwell, J. E. Birdwell, and the City of Lubbock, is here referred to and made a part hereof for all purposes. The undersigned J. E. Birdwell is solely concerned with the matters and things set out and described in'this contract by virtue of his ownership of the water rights hereby conveyed and agreed to be conveyed to the City of Lubbock and by virtue of his ownership of the lands and irrigation well locations that are solely hereby concerned, all of which well locations belong to him under said contract of October 29, 1957, as contrasted with the rights of John L. Birdwell 276 251968 I. The undersigned J. E. Birdwell is owner of all of the water rights in that part of Section 80, Block A, Melvin Blum & Blum Survey, in Bailey County, Texas, which are not owned by the City of Lubbock. His ownership consists of approximately 184 acres of such water rights, being the East 2078.09 feet of the North 3857.02 feet of said section, a rectangular tract 3857.02 feet north and south, b 2078.09 feet east and west, cornering in the northeast corner of said section. - The undersigned J. E. Birdwell is likewise the owner of the right under said contract of October 29, 1957, to locate four (4) six-inch irrigation wells, under said contract, in Section 67, Block A, Melvin Blum & Blum Survey, in Bailey County, Texas. The undersigned J. E. Birdwell is likewise the owner of Section 79, Block A, Melvin Blum & Blum Survey in Bailey County, Texas, II. By the terms of this contract, and in consideration of the rights transferring and accru- ing hereunder, the undersigned J. E. Birdwell does hereby.convey and agrees to convey good market- able title unto the City of. Lubbock in and to said approximate 184 acres of water rights as here- inafter described, in Section 80 hereinabove described; in consideration therefor the City of Lubbock grants unto J. E, Birdwell the right to drill, equip, and.maintain a six-inch irrigation well of the type described in said contract of October 29, 1957, along the east line of Section 79; and, additionally thereto, grants and authorizes the transfer of one of the six-inch wells authorized in Section 67 to Section 79, such that said second well in Section 79 is agreed to be located along the east line of said Section 79. The water rights conveyance on the 184 acres is and will be upon the same and identical terms and conditions of water rights, accruing to the City of Lubbock, as are contained in the Deed of Exchange dated January 30, 1953, to L. A. Purtell and wife, Hazel Purtell, recorded in Vol. 59, at Page 154, Deed Records of Bailey County, Texas, through which the City of Lubbock owns water rights on lands of J. E. Birdwell in Bailey County, Texas.- However, the water rights so conveyed and to be conveyed hereunder by Birdwell to the City of Lubbock as to said approximate 184 acres in Section 80 will not have any reservation of irrigation water wells or reservation of irrigation water rights thereon. In this connection it is agreed and understood that hereinafter there is an authorization for three and only three wells in said Section 67 as described in the contract of October 29, 1957, and there is hereinafter an authorization for the two such wells in Section 79, to be located approximately north and -south of each other and along the east line of -said Section 79. IV. By this instrument the authorization for said wells in said Section 79 is hereby made and confirmed. By such separate instrument as the City of Lubbock may deem proper, a formal conveyance of the water rights of said lands in Section 80 of approximately 184 acres of water rights, shall be forthwith made, executed, and delivered, as hereinabove provided. EXECUTED in triplicate originals, this 25th day of July, 1968. /s/ J. E. Birdwell r n n.2 -J..- 7 7 ATTEST: ;-F ///, a . LAVEN LOWE, City Secret ry-Treasurer STATE OF TEXAS COUNTY OF BAILEY KNOW ALL MEN BY THESE PRESENTS: That we, J. E. BIRDWELL and wife, GENENE BIRDWELL, of Lubbock County, Texas, in consideration of the sum of Ten Dollars ($10.00).and other valuable considerations paid by THE CITY OF LUBBOCK, a municipal corporation, of Lubbock County, Texas, have granted, sold, and conveyed,•and do by these presents grant, sell, and convey unto the said City of Lubbock, a municipal corporation, the water rights, as that term is hereinafter defined, lying under and that may be produced from the following described lands and premises, located in Bailey County, Texas, to -wit:. All of the East 2078.09 feet of the North 3857.02 feet of Section Eighty (80), Block A, Melvin Blum & Blum Survey, in Bailey County, Texas. However, there is reserved and excepted unto the grantors and not included in the water rights herein conveyed, such quantities of water in, on, and under said lands as may be required to carry on usual and normal domestic and ranching operations and undertakings on said lands, excluding irrigation, and such quantities of water as may be required for normal and customary operations for the production of oil, gas, and other minerals from said lands. By normal and customary operations for the production of oil, gas, and other minerals is meant such operations as are now normal and customary in the area where said land is located, excluding injection or secondary recovery.. The term "water rights" as used inn this deed means: All of the percolating and underground water in, under, and that may be produced from the land described herein, together with the exclu- sive right to take said water from said land, together with the full -and exclusive rights of ingress and egress in, over, and on said land, so. that the owner of said water rights may at any time and location drill water wells and test wells on said laid for the purpose of investigating, exploring, producing, and getting access to percolating and underground water; together with the rights to string, lay, construct, and maintain water and fuel pipelines and trunk, collector, 27 JUL 2 5,U tion wells with barricades, if required, not exceeding ten (10) square feet of surface area, reservoirs, booster stations, houses for employees, and access roads on, over, and under said lands necessary or incidental to any of said operations, together with the rights to erect neces- sary housing for wells, equipment and supplies, together with perpetual easements for all such purposes, together with the rights to use all that part of said lands necessary or incidental to the taking of percolating and underground water and the production, treating and transmission of water therefrom and.delivery of said water to the water system of the City of Lubbock only, except as hereafter stated. It is understood that for the purpose of this deed, water and minerals in water shall never be construed as minerals. The grantee of said water rights, its successors and assigns, shall pay Three and no/100 ($3.00) Dollars per acre per year for all ground surface occupied by housing facilities, fenced enclosures and roads constructed and used by such grantee; and said grantee, its successors and assigns, shall pay.for damages to any surface property proxi- mately caused by any operations or activities on said land by the owner of said water rights, its agents or employees, for which no payment is otherwise provided herein, and shall, within a reasonable time after conducting any operations on said land, remove therefrom any trash, debris, or other material or objects which clutter up or detract from the usefulness of said lands to the owner thereof. Where the owner of said Water rights constructs new roads through an outside fence, such owner will install and maintain in such opening, gates of durable construction; or, at the option and request.o€.the owner of the land, the owner of such water interests, its successors or assigns, will install and maintain cattle guards. Where such owner of water interests con- structs or uses roads across inside fences, such owner will its tall and maintain cattle guards; it being understood that locking gates on the outside fence shall not affect the right of entry, ingress and egress of authorized officers, employees, and contractors of the owner of said water rights, engaged in the business of such owner of water rights and pertaining to water rights as herein defined. No wells shall be drilled by the owner of said water rights within one-fourth (1/4) mile of any of the presently existing windmill wells. The right is expressly granted to the City of Lubbock to use water taken from the above described lands for distribution to cities and towns situated in Bailey, Cochran, Hockley, Lamb, and Lubbock Counties. TO HAVE AND TO HOLD the above described water rights, together with all rights and appurtenances thereunto in anywise belonging, unto the said CITY OF LUBBOCK, its successors and assigns forever. Grantors do hereby bind themselves, their heirs and assigns, to warrant and forever defend all and singular the said water rights unto the City of Lubbock, its successors and assigns, against any person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS OUR HANDS at Lubbock, Texas, this 25th day of July, 1968. /s/ J. E. Birdwell Isl_Genene Birdwell__ 68-27-277-660 Motion by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Rogers (40) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to approve the recommendations of the Airport Board for expansion of the Executive Air Terminal facilities to provide space for a new FAA Flight Service Station at an estimated cost of $150,000 and authorize the lease agreement between the Airport Board and the FAA for this facility. (See Lease on opposite page.) 68-27- 277-661 Motion by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Rogers (40a) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to instruct the City Attorney to prepare an ordinance for consideration of the City Council for issuance of 10 year Revenue Airport Bonds for construction of FAA Flight Service Station. 68-27-277-662 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (42) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authox rite appropriation in the amount of $353.50 for purchase of abstract covering land under purchase option to the Lubbock Industrial Foundation from Water Capital Project Fund. 68-27-277-663 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (27) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5513 be passed on first reading. ORDINANCE NO. _550 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF THE EAST -WEST ALLEY IN FILLMORE ADDITION TO THE CITY OF LUBBOCK AS MORE PARTICULARLY DESCRIBED HEREIN AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THE POR- TION OF SUCH ALLEY AS AFORESAID. 68-27-277-664 It was brought to the attention of the City Council by Mayor Rogers that there is a need for fill (41) dirt for 10 acres of land sold to Girden Industry by the Lubbock Industrial Foundation. The fill is to come out of one of the lake areas and the City Council instructed the City Engineer to make available the Engineering Department to the Industrial Foundation to work these problems out and if the need arises from time to time for fill dirt they will purchase under their option from the lake bed which they have taken dirt fill from. Motion was made by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to make the engineering services of Mr. Wahl available to the Industrial Foundation and instruct him to go ahead and engineer this lake area in the 700 acres under option purchase and to get the fill dirt for the Industrial Foundation for this industry and as an established policy when they need fill dirt from time to time they are to exercise their option on that part of the lake area for fill dirt for the amount of dirt that they use. !1� NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, JULY 25TH, 1968. r_%� n ATTEST IA IA LOWE, C y Secretary -Treasurer READ AND APPROVED THIS THE 8TH DAY OF AUGUST, 1968'. ATTEST: LAVEN LOWE. City S retary-Treasurer . D. ROGERS, 2/68 (40 ) - a TION FEDERAL 5331 cc-4t•-z A^:�.,.+:� y . Lease No. ^� 7+ r 8al�l! LEASE between and THE UNITED STATES OF ALMExICA 1. This LEASE, made and entered into this U L' in the year one thousand nine hundred and by and between City a= WVA:'r"-IL whose address is �0ute 3, T= 2014, L%Abbockl' TC.�an day of July p _ WR_=� successors, and for assigns, hereinafter called the lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government ETx : The parties hereto for the consideration hereinafter mentioned covenant and WITNESS agree as follows- hereinafter 2. The lessor hereby leases to the Government the following described property, ;. r -ewn poi quarter, t10 t'T'a C�� called the premises, V1Z' ion1, cs� •i1' wb`Sr's.:i4 s.e + F s'3t: SP-ry ce SLZ tioaj k.;:� v '--; iil .acs S tox -0_..i.^.�, wt d city bliL�c. �,+.•. ril�i :.iw ! {� �,� ,} �� +'a''i.�i� .t ���..��. q,i� P�:W;.�.� L �t�.�..L�} 'L'�i�i✓}. /.i�.....r�i J..L �i-ai- l f`, "� � H - s M � by ""eT=C''£�:'�.£�%"1i`v �w �` Cx v7C s'a '�> 4�L'S.. .. one Leh x w :L'M!,-rJ- w.p s n t` S CI �u Z �� r vY(. >' "»t`1ryl A. Q 3.ai.:� r :ice � i Ups �"','.`{' y :� �`'Xwi L ►, i. s.�L �P tt w4'�"k. (j •�:=�a�'.4 I to u _ v. �.. z .rjz .~t=�: 3 - l y � .n s��x . red x• i� c ois5 ea zl%d 3.4nt1 to G e Aral =d.a a p rL- eau. FAA and t . " by the F Page 1 Form FAA-413 (3-60)