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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/26/1968347 Ui' 2 6 lSU 4 I 68-27-347-833 (1) 68-27-347-834 (2) 68-27-347-835 (3) 68-27-347-836 (8) 68-27-347-837 (9) September 26, 1968 REGULAR CITY COUNCIL MEETING: The City Council of the City of Lubbock, Texas, met at 10:00 o'clock a.m. in the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor W. D. Rogers, Jr., and Councilmem James H. Granberry, Lonnie F. Hollingsworth, Deaton Rigsby, and Morris W. Turner, City Attorney Fred 0. Senter, Jr., and City Manager W. R. Blackwell. Absent: Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. The invocation was given by Councilman Lonnie F. Hollingsworth. The Pledge of Allegiance to the. Flag was given in unison by those in the Council Chamber. Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize approval of City Council Minutes - Regular Meeting held September 12, 1968. Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5537 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5537 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 $13,750.00 For the following purpose: Acquisition of Parcel 13, University Avenue, from Mr. & Mrs. George T. Storrs. Address is 2501 40th Street. Legal description is Lot 1 and the East 5 feet of Lot 2, Block 1, Parklawn Addition. GWO 10655 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5539 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5539 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 $36,250.00 For the following purpose: Acquisition of Parcel 1, Avenue X right of way, from Mr. Walter W. Brand. Legal description is attached. GWO 10656 68-27-347-838 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (10) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5534 be passed on second and final reading. ORDINANCE NO. 5534 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 3738 COVERING ZONE CASE NO. 980 WHICH COVERED PROPERTY LOCATED ON THE WEST SIDE OF SLIDE ROAD AT 48TH STREET, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY REPEALING THE CONDITION MADE A PART OF SUCH ZONE CHANGE AND PROVIDING FOR PUBLICATION. 68-27-347-839 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (11) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5535 be passed on second and final reading. ORDINANCE NO. 5535 AN ORDINANCE AMENDING ORDINANCE NO. 4596 OF THE CITY OF LUBBOCK TO GRANT TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY THE PERMISSIVE RIGHT AND POWER AND PRIVILEGE OF LOCATING, BUILDING AND MAINTAINING A RAILROAD SPUR TRACK AND TO OPERATE ENGINES, CARS AND TRAINS THEREON, UPON, IN AND ACROSS THE NORTH -SOUTH ALLEY BETWEEN NORTH AVENUE T AND NORTH AVENUE U IN THE CITY OF LUBBOCK, TEXAS, AT DESIGNATED LOCATIONS, SUBJECT TO CERTAIN COVENANTS AND CONDITIONS AND PROVIDING FOR THE EFFECTIVE DATE. 348 SEP 2 6 1968 68-27-348-840 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (12) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5536 be passed on second and final reading. ORDINANCE NO. 5536 AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIM FACIE SPEED LIMIT FOR ALL VEHICLES ON THE FOLLOWING STREETS IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO -WIT: ON BOTH SIDES OF QUAKER AVENUE FROM 60TH STREET SOUTH TO LOOP 289; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE; PRESCRIBING A PENALTY AND PROVIDING FOR PUBLICATION. 68-27-348-841 On this date the City Council again considered the 1968-69 City of Lubbock Budget, hearing having (13) been called on September 12, 1968, and continued until this date. Mr. Jack Geddes appeared before the City Council in connection with the proposed Budget. After consideration of all information presented, motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the hearing be closed and the Budget for the fiscal year October 1, 1968, through September 30, 1969, be approved in the amount of $20,894,706. 68-27-348-842 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (13a) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5545 be passed as an emergency measure. ORDINANCE NO. 5545 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS,. FOR THE YEAR 1968; APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID TAXES BE PAID; AND ASSESSING PENALTY AND INTEREST FOR NON-PAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED; AND DECLARING AN EMERGENCY. SECTION 1. THAT there shall be levied and assessed upon all property subject to taxation within the City of Lubbock, Texas, for the year 1968, the sum of $1.08 per One Hundred ($100.00) Dollars valuation thereof, and the same shall be applied to the various funds in the following manner: $.52 per $100 valuation to the Interest and Sinking Fund .51 per $100 valuation to the General Fund .05 per $100 valuation to the Board of City Development Fund 68-27-348-843 Motion by Councilman Hollingsworth, seconded by. Councilman Turner, motion carried, Mayor Rogers (14) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION WHEREAS, the Urban Renewal Plan for the Coronado Urban Renewal Project as revised August 31, 1960, which was approved and adopted by the Governing Body of the City of Lubbock on March 23, 1961, contains a minimum front yard requirement for the commercial area on the west side of Quirt Avenue at 26th Street of "sixty (60) feet on Quirt Avenue", and WHEREAS, the Redeveloper for this commercial area as a part of his redevelopment and in pro- viding for the local retail needs for the project area desires to construct a service station, and WHEREAS, said minimum front yard requirement of sixty (60) feet is awkward and unworkable in the case of a service station redevelopment and an exception should be made for service station redevelopment, and WHEREAS, the proposed change was submitted to the Department of Housing and Urban Develop- ment and said Department concurred that this was not a material but rather a minor change, and WHEREAS, the Urban -Renewal Agency of the City of Lubbock and the Planning and Zoning Commis- sion of the City of Lubbock have reviewed the proposed change and have recommended and approved its adoption, and WHEREAS, it is desirable that the City Council of the City of Lubbock approve and adopt this minor change, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT it is hereby found that the minimum sixty (60) feet front yard require- ment for the commercial area on the west side of Quirt Avenue at 26th Street should be changed by adding the words "save and except for a service station developed as a part of this commercial area." SECTION 2. THAT it is hereby found that the proposed change as hereinabove stated is a minor change to the Urban Renewal Plan for the Coronado Project and does not affect the general land use plan for the area concerned nor the planning considerations for the project area but rather adds to the amenities to be provided for the area, and said promised minor changes hereby approved and adopted. Passed by the City Council this 26th day of Septemb , 34 SEP 2 6 1969 /a► LAVfAIA LOWE, City Sec ary-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 68-27-349-844 Motion by Councilman Granberry,.setonded by Councilman Hollingsworth, motion carried, Mayor (17) Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS. WHEREAS, the City Council on September 12, 1968, passed a resolution providing for the outer- most curb and gutter improvements of a portion of Idalou Road from East 2nd Street to Mulberry Avenue and Parkway Drive from Guava Avenue to Idalou Road in the City of Lubbock, Texas, and along, the boundaries of said city and directing preparation of plans and specifications covering the portion of Idalou Road and Parkway Drive as named in said resolution, and WHEREAS, the City Engineer has prepared and filled with the City plans and specifications 'for such improvements, and same have been examined; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT, the plans and specifications submitted by the City Engineer covering the curb and gutter improvements contemplated by said resolution, BE, and the same are hereby approved and the Mayor and City Secretary are hereby authorized and directed to advertise for bids in accordance with the "Notice to Bidders" made a part of said specifications covering the quantities of materials needed for said paving program as.therein set out. AND IT IS -SO ORDERED. PASSED AND APPROVED THIS the 26th day of September, 1 8 W. D. ROGERS, JR., MT ATTEST- LAVERIA LOWE, Cit9 Secr ary APPROVED: /s/ Samuel W. Wahl _ Samuel W. Wahl, City Engineer APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 68-27-349-845 Motion by Councilman Granberry, seconded by Councilman -Hollingsworth, motion carried, Mayor Rogers (17a) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize payment in the amount of $10,700 to the Texas Highway Department for the estimated cost of curb and, gutter in connection with the construction of overpasses on Loop 289 and U.S. 62-82. 68-27-349-846 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (19) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5546 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5546 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certaini specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Bond Fund The sum $1,000.00' For the following purpose: For part of the engineering cost and the cost of ownership certifi- cates on the outermost curb and gutter on U.S. Highway 62-82 and Loop 289 and Avenue A - from 45th Street to 60th Street. 68-27-349-847 Mr. Wayne Sherrell, Director of Traffic, presented maps to the City Council showing the proposed (20) construction of medians at the -intersections of Quaker Avenue - 19th Street and Quaker Avenue - Brownfield Highway. After consideration and revision of the maps presented, motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize i approval of the map as set out below. i 68-27-349-848 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (20a) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5547 be passed on first reading. 30 SEP 2 6 1968 AN APPROPRIATION ORDINANCE ORDINANCE NO. 5547 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 $10,000.00 For the following purpose: Construction of medians at the intersections of Quaker Avenue and 19th Street, Quaker Avenue and Brownfield Highway. 68-27-350-849 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (21) 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:. East 15th Street from its intersection with a line 12.00 feet East of the East Property Line of Quirt Avenue to its intersection with a line 13.00 feet East of the East Property Line of Spruce Avenue, known and designated as Sub -Unit Number 2 of Unit Number 2179. Zenith Avenue from its intersection with a line 8.00 feet North of the North Property Line of East 6th Street to its intersection with a line 16.00 feet South of the South Property Line of East 4th Street, known and designated as Sub -Unit Number 1 of Unit Number 2182. Zenith Avenue from its intersection with a line 17 feet North of the North Property Line of East 4th Street to its intersection with the South Property Line of the alley South of East 3rd Street, known and designated as Sub -Unit Number 7 of Unit Number 2182. Marshall Street from its intersection with a line 10.00 feet West of the West Property Line of North Avenue Y to its intersection with a line 13.50 feet West of the West Property Line of North Avenue U, known and designated as Sub -Unit Number 1 of Unit Number 2183. North Avenue U from its intersection with a line 13.50 feet South of the North Property Line of Marshall Street to its intersection with a line 26.00 feet South of the North Property Line of Erskine Street, known and designated as Sub -Unit Number 2 of Unit Number 2183. Globe Avenue from its intersection with a line 14.80 feet South of the South Property Line of East 38th Street (West Leg) to its intersection with a line 13.50 feet North of the North Property Line of East 40th Street, known and designated as Sub -Unit Number 4 of Unit Number 2183. Globe Avenue from its intersection with a line 13.50 feet North of the North Property Line of East 47th Street to its intersection with the North Property Line of East 48th Street, known and desig- nated as Sub -Unit Number 5 of Unit Number 2183. The West 1/2 of Globe Avenue from its intersection with the North Property Line of East 48th Street to its intersection with a line 12.00 feet South of the North Property Line of East 50th Street (East Side) known and designated as Sub -Unit Number 6 of Unit Number 2183. East 46th Street from its intersection with a line 413.50 feet West of the West Property Line of Locust Avenue to its intersection with a line 13.50 feet West of the West Property Line of Locust Avenue, known and designated as Sub -Unit Number 9 of Unit Number 2183. 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 and release escrow money. 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 proceed- ings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after its passage. 351 SEP 2 6 196 4 PASSED AND APPROVED THIS 26TH DAY OF SEPTEMBER 196 ATTES t �/fie► LAVENIA LOWE, City Secre ary-Treasurer APPROVED: Is/ 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 tihe paving improvements constructed by Pioneer Pavers, Inc., paving con- tractor, under their contract dated November 9, 1967, designated -as G.W.O. 2935 and find the improvements on East 15th Street from Quirt Avenue to Spruce Avenue, Zenith Avenue from 4th Street to 60th Street, Zenith Avenue from alley South of 3rd Street to 4th Street, Marshall Street from Avenue Y to Avenue U, North Avenue U from Marshall Street to Erskine Street, Globe Avenue from East 38th Street to East 40th Street, Globe Avenue from East 47th Street to East 48th Street, West 1/2 of Globe Avenue from East 48th Street to East 50th Street, East 46th Street from 413.50 feet West of Locust Avenue to Locust Avenue as listed on the final estimate and assessment sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, 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, /s/ Samuel W. Wahl Samuel W. Wahl City Engineer CONSOLIDATED FINAL ESTIMATE G.W.O. 2935 Accepted September 26, 1968 S.Y. S.Y. S.Y. S.Y. Gals. S.Y. C.Y. L.F. L.F. S.Y. Paving L.F. Ailey Valley Re-sur- Extra Drainage Embank- Reinf. 12" Extra nit & 6 " Base C & G Return Gutter facing Asphalt Slab meet Gutter C & G Caliche ub-Unit Location 6" 2179-2 East 15th St from 1,715.00 1,007.50 170.00 13' E. of the E.P. L. of Spruce Ave. to 12' E. of the EPL of Quirt Ave. 182 -1 Zenith Ave. from 1,648.14 800.70 12.13 163.00 16' S. of the SPL of E. 4th St. to 8' N. of the NPL of E. 6th St. 182-7 Zenith Ave. from 1,044.80 •221.00 14.39 2,132.00 the SPL of the alley S. of E. 3rd St. to 16' N. of the NPL of E. 4th St. A83-1 Marshall St. from 10,549.35 3,688.40 1,016.00 10' W. of the WPL of Ave. Y to 13.5' W of the WPL of N. Ave. U .183-2 N. Avenue U from 14,272.58 4,617.85 1,385.00 13.5' S. of the NPL of Marshall St. to 26' S. of the NPL of Erskine St. !183-4 Globe Ave. from 2,886.40 1,052.30 270.00 14.8' S. of the SPL of E 38th St. (W.Leg) to 13.5' N. of the NPL of E. 40th St. WWI i3tir: 268.40 181.65 8.56 30.10 ;EP 2 6 1968 2183-5 Globe Ave. from 13.5' N. of the NPL of E.47th St. to the NPL of E. 48th St. 2183 -6 West 1/2 of Globe Ave. from the NPL of E.48th St. to 12' S. of the NPL of E.50th St. 2183-9 East 46th St. from 413.5' W. of the WPL of Locust Ave. to 13.5' W. of the WPL of Locust Ave. TOTAL 1,782.50 470.90 1,962.72 596.40 1,836.53 627.64 35.56 10.22 330.00 156.00 56.60 126.47 36,653.22 13,906.49 12.13 35.56 10.22 3,711.00 14.39 2,132.00 454.20 181.65 204.19 COST ESTIMATE 36,653.22 S.Y. Paving 6" Base @ $1.95 $ 71,473.78 2,205.69 S.Y. Paving 6" Base (cash) @ $1.70 3,749.67 13,906.49 L.F. Curb & Gutter (6") @ $1.85 25,727.01 181.65 L.F. Curb & Gutter (12") @ $2.50 454.13 454.20 L.F. Reinforced Curb & Gutter @ $2.25 1,021.95 12.13 S.Y: Alley Return @ $7.00 84.91 35.56 S.Y. Valley Gutter @ $7.50 266.70 14.39 S.Y. Drainage Channel @ $7.00 100.73 204.19 S.Y. Extra Base 6" @ $1.10 224.61 10.22 S.Y. Resurface @ $1.40 14.31 2,132.00 C.Y. Embankment @ $0.75 1,599.00 * 53.77 S.Y. of Railroad Crossing @$37.50 2,016.38 3,711.00 Gals. Extra Asphalt @ $0.20 742.20 CONTRACT COST $105,459.00 *The contractor has made his own arrangements for payment on concrete railroad crossing. CAPITAL IMPROVEMENT COST $107,577.85 COST DISTRIBUTION Property City Pay from Unit & Contract Owner to Paving Extension Sub -Unit Cost Cost Contractor Fund 2179-2' $ 5,242.13 4,913.42 328.71 2182-1 4,812.68 4,788.23 24.45 2182-7 7,426.48 7,426.48* 2183-1 27,897.03 27,556.77 340.26 2183-2 37,718.99 34,795.95 2,923.04 2183-4 7,696.96 5,837.66 58.47 1,800.83 2183-5 4,347.04 2,630.92 1,716.12 2183-6 5,135.76 3,740.92 1,394.84 2183-9 5,181.93 5,137.12 44.81 $105,459.00 89,400.99 14,257.18 1,800.83 *This includes $3,898.90 school cost. City to bill school. 68-27-352-850 Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (22) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION A RESOLUTION PROVIDING FOR ATROVEMENT OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARA- TION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS, THAT: I. Public necessity exists that the following portions of streets, highways, avenues and/or alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: STREET Temple Avenue Englewood Avenue East 7th Street 53rd Street 43rd Street ALLEY N-S between Ave. M & Ave. N N-S between Ave. M & Ave. N FROM Clovis Road 45th Street David Avenue Avenue P Avenue H FROM 14th Street 15th Street TO Auburn Street 46th Street Idalou Road . Avenue N Avenue D TO 15th Street 16th Street SEP 2 b 1961 Mh E-W between 54th St. & 55th St. Indiana Avenue Monterey Dr. SW -NE Northwest of Joliet Dr. Lynhaven Avenue Louisville Drive E-W between 15th St. & 16th St. Toledo Avenue Salem Avenue II. Said portions of streets, highways, avenues and/or alleys shall be improved by raising, grading. and filling.same, by installing concrete curb and gutters, by installing a ten (10) wide reinforcement concrete strip in the alleys, reinforced concrete railroad crossings, by installing storm sewers and drains where necessary, by installing a compacted caliche base, by surfacing with five (5) course asphaltic surface treatment (Penetration type). ments foot _ and The City Engineer is hereby directed to prepare plans and specifications for such improve - IV. Such improvements in each unit shall be paid for in the following manner: 1. Railways and street railways using, occupying or crossing any portion of said streets, high- ways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. 1-a. Railways and street railways using, occupying or crossing any portion of said alleys to be improved shall be assessed for and shall pay for all -of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. 2. The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of•such respective property and a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (1) above, provided that such part of the costs assessed to the abutting property or owners thereof shall not exceed 90% of the cost of the improvements plus the cost of the curb, and further pro- vided that if it shall appear at the hearing to be had before final assessment is made that the special benefits to such property by way of enhancement value thereof by means of such improve- ments will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. 2-a. The abutting property and the owners thereof shall be assessed for alley paving in the following manner. Alleys to be improved which are single family or two (2) family residential on both sides will be assessed for fifty (50)% of the cost and the alleys, where there are commercial or semi -commercial usage or zones on one side and residential property on the other side, property used for a single family residence will not be assessed. Property used for or, if vacant, zoned for two (2) family residential purposes will be assessed fifty per cent (50%) of the cost. Pro- perty used for or, if vacant, zoned for three (3) family residential purposes or more will be assessed ninety percent (90%) of the cost as will commercial and semi -commercial property. Said owners of abutting property shall pay and shall be assessed for all the cost of constructing said alley paving adjacent to such respective property and a part of the remaining cost of such improve ments, after deducting the sum to be paid by the railways under sub -paragraph 1-a. above, provided that such part of the costs assessed to the abutting property or owners thereof shall not exceed 90% of the cost of the improvements, and further provided that if it shall appear at the hearing to be had before final assessment is made that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. 3. The remaining cost of said improvements, after deducting the sums finally assessed against railways and street railways under sub -paragraph 1, 1-a, hereof, and against abutting property and the owners thereof under sub -paragraph 2, 2-a, above, shall be paid by the City of Lubbock. V. The amounts assessed against and 'to be paid by railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paid on estimates or statements on or before ten days after acceptance of the improvements in the unit in which the railway lies, by the City Council and shall bear interest from date due and until paid at the rate of 6% per annum on street improvements and 7% per annum of alley improvements. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in three equal installments: the first of which shall become due on or before 10 days after completion and acceptance of the improvements in the unit on which the property abuts by the City Council; the second and third one and two years respectively after completion and acceptance of the improvements in the unit upon which the property abuts, by the City Council, and shall bear interest -from the -date of completion and acceptance until paid, at the rate of six percent per annum on street improvements and seven percent per annum on alley improvements pay- able annually, with provisions that if default be made in the payment of any installment promptly as the same matures; then at the option of the holder of such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. VI. Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred, all under and in accordance with the Charter, and amendments thereto, now in force in this city, and in accordance with the provisions of Article 1105 3 Revised Civil Statutes of Texas as amended by Chapter 281 Acts of the 52nd Legislature, and most recent amended by Chapter 176 Acts of the 60th Legislature. 354 SEP 2 6 1968 VII. This resolution shall take effect and be .in force from.and after PASSED AND APPROVED THIS 26TH DAY OF SEPTEMBER, 1968. ATTEST: r �Z ell& ej FAVENIA LOWE, City Secreta -Treasurer APPROVED: /s/ Fred O..Senter, Jr. Fred 0. Senter, Jr., City Attorney /s/ Samuel W. Wahl Samuel W. Wahl, City Engineer - W. D. ROGERS, JR., sage. 68-27-354-851 Motion by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Rogers (15) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay „ to authorize sale to. the Texas Highway Department for a consideration of 3, per cubic yard, approxi- mately 400,000 cubic yards of fill material for the construction of overpasses on Loop 289 at the Idalou Highway and Loop 289 at 4th Street. This fill material to be taken from the canyon directly across the creek from the Southeast Sewage Treatment Plant and from the tract leased to the Industrial Foundation, north of the railroad track and east'of the Litton property. 68-27-354-852 Motion by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Rogers (15a) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to declare that portion of Section 5, Block A, north of the railroad, for public purpose and authorize cancellation of the lease -with Mr. Clayton Roberts for grazing rights. 68-27-354-853 Motion by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Rogers and (15b) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to exempt that portion of Section 5, Block A located north of the railroad and lying below the established high water mark of Lakes 61 and 62, from the lease with the Industrial Foundation. It being found that the property is needed for public purposes. 68-27-354-854 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (24) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5548 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5548 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Project Fund The sum $666.70 For the following purpose: To cover City's cost of paving improvements at Low -Head "A" Pump Station on North Avenue "U", near Erskine Avenue. 68-27-354-855 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (25) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5549 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5549 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Sanitary Sewer Bond Fund The sum $1,170.49 For the following purpose: Relocate 8" V.C.T. sanitary sewer ahead of paving Idalou Highway widening near Loop 289, 68-27-354-856 Motion by Councilman Granberry, seconded.by Councilman Hollingsworth, motion carried, Mayor Rogers (26) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acquisition of Parcel 3, Lot 1, Block 2, Kinser Addition, being 2501 35th Street from Mr. and Mrs. V. J. Lowrance for University Avenue right-of-way between 34th Street and 50th Street for a consideration of $11,750. 68-27-354-857 Motion by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (26a) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5550 be passed on first reading. e 55 SEP 2 6 19GE AN APPROPRIATION ORDINANCE ORDINANCE NO. 5550 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 $11,750.00 For the following purpose: Acquisition of Parcel 3, University Avenue, from V. J. Lowrance and wife Myrtle Lores Lowrance. The address is 2501 35th Street. The legal description is Lot 1, Block 2, Kinser Addition to the City of Lubbock, Lubbock County, Texas. GWO 10655 68-27-355-858 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (28) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acquisition of Parcel 7, part of Lot 11 and the west one-half of Lot 12, Block 22, Martin-Ameen Addition, being the northeast corner of 82nd Street and Avenue H from C. S. Ameen Estate, et a1 for a consideration of $6,750. 68-27-355-859 _ (28a) 68-27-355-860 (29) Motion by Councilman Granberry, seconded by Councilman Turner, motion.carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5551 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5551 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 $6,750.00 For the following purpose: Acquisition of Parcel 7, 82nd Street right of way, from the C. S. Ameen Estate, et al. The legal description of this parcel is attached hereto. It may be further described as being part of a tract of land at the Northeast corner of the intersection of 82nd Street with Avenue H (U.S. Highway 87 South). GWO 10650 Motion by Councilman Turner, seconded by Councilman Hollingsworth, 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 execute for and on behalf of the City of Lubbock a PIPE LINE.LICENSE between the Atchison, Topeka and Santa Fe Railway Company and the City of Lubbock, 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 det#r%%,- A Passed by the City Council this 26th day of September, ATTES . LAV9NIA LOWE, City Secr tary-Treasurer APPROVED: f s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney ■0161r S., UN,.! A W. D. ROGERS, JR., 11 PIPE LINE LICENSE 9 THIS LICENSE, Made this llth day of September, 1968, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Kansas corporation (hereinafter called "Licensor"), party of the first part, and THE.CITY OF LUBBOCK, TEXAS, a municipal corporation (hereinafter, whether one or more, called "licensee"), party of the second part. WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct and maintain one (1) pipe line, 156.3 feet in length and 10 inches in diameter (hereinafter, whether one or more pipe lines called the "PIPE LINE") across or along the right of way of Licensor at or near the station of Burris, Lubbock County, Texas, the exact location of _--- _ --- . . . • . 1 . a .-1 _ _, -L_ —2— 7­..a.. 4 356 §EP 2 6 19fi$ No. DEOS-8636, dated August 23, 1968, marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying water and shall not use it to carry any other commodity or for any other purpose whatsoever. 3. Licensee shall pay Licensor as compensation for this license the sum of One and No/100ths Dollars ($1.00). 4. Licensee shall, at its own cost and subject to the supervision and control of Licensor's chief engineer, locate, construct and maintain the PIPE LINE'in such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed and property of Licensor, or the safe operation of its railroad. In cases where the Licensee is permitted under Paragraph 2 hereof to use the PIPE LINE for oil_, gas, petroleum Products, or other flammable or highly volatile substances, under_ pressure, the PIPE LINE shall be constructed, installed and thereafter maintained in conformity with the plans and specifications shown on print hereto attached in such cases, marked Exhibit B and made a part hereof. If at any time Licensee shall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph, Licensor may, at its option, itself perform such work as it deems necessary for. the safe operation of its railroad, and in event Licensee agrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred by Licensor, but failure -on the part of Licensor to perform the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. 5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to support Licensor's tracks and for flagman to protect its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all loss, damage or expense that Licensor may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE, including any such loss, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of persons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants herein contained Licensor may at its election forthwith revoke this license. 8. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that the same may be terminated at any time by either party upon ten (10) days' notice in writing to be served upon the other party, stating therein the date that such termination shall take place, and that upon the termination of this license in this or any other manner herein provided, Licensee, upon demand of Licensor, shall abandon the use of the PIPE LINE and remove the same and restore the right of way and tracks of Licensor to the same condition in which they were prior to the placing of the PIPE LINE thereunder. In case Licensee shall fail to restore Licensor's pre- mises as aforesaid within ten (10) days after the effective date of termination, Licensor may proceed with such work at the expense of Licensee. No termination hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the PIPE LINE is removed and the right of way'and track of Licensor restored as above provided. 9. In the case of the eviction of Licensee by anyone owning or obtaining title to the pre- mises on which the PIPE LINE is located, or the sale or abandonment by Licensor of said premises, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served if it be deposited in the United States Mail, postage prepaid, addressed to Licensee at P. 0. Box 2000, Lubbock, Texas 79408. Any notice -to be given hereunder by Licensee to Licensor shall be deemed to be properly served if the same be deposited in the United States Mail, postage prepaid, addressed to Licensor's Division Superintendent at 330 North Railroad Avenue, Slaton, Texas 79364. 11. In the event that two or more parties execute this instrument as Licensee, all the cove- nants and agreements of.Licensee in this license shall be the joint and several covenants and agreements of such parties. 12. All the covenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licensee, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon Licensor without the written consent of Licensor in each instance. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. Approved as to Description: /s/ C. G. Nelson For Chief Engineer THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY Licensor By /s/ J. P. Spears Its Superintend entf-%,,, Its Mayor. I nMee) 356B SEP 2 6 1968 M STREET USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK I This indenture made this 26 day of SEP 1968 between - u■ r�iinr rrrs the City of Lubbock, Texas, a Home�+ Ruie Municipality, hereinafter called "City" and Court Place, Incorporated, a corporation authorized to do business in the State of Texas, hereinafter called "Grantee. " WI TNESSETH: Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas, does hereby grant unto Grantee, its successors and assigns, the right, priveleges and license to use a portion of the public way as hereinafter described: - The East-West alley in Block 119, Original Town, City of Lubbock, Lubbock County, Texas. 1. The use granted hereby -covers occupancy during construction on abutting property and permits the use of such property as a work area or temp- orary storage area for construction materials and equipment. 2. The term of this grant shall be for one (1) year from the date of adopt- ion hereof and thereafter for a period running from month to month at the will of the City. 3 SEP 2 6 r r r r c 68-27-357-861 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (30) Councilmen Granberry, Hollingsworth, Rigsby,. and Turner voting Yea, none voting Nay, to authorize temporary closing of the east -west alley in Block 119, Original Town during construction. This closing to be for approximately one year. A Resolution being hereby passed authorizing the Mayor to execute a Street Use License to Court Place, Inc. 68-27-357-862 Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried,'Mayor Roger (31) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acquisition of Parcel 9, Lot 20, Block 2, Squyres Place Addition from Mr. and Mrs. Raymond Allen for a consideration of $5,500; also acquisition of Parcel 8, Lot 1, Block 2, Squyre Place Addition from Mr. Robert E. Gee for a consideration of $5,500. This being for Indiana Avenue right-of-way between 19th Street and 34th Street. 68-27-357-863 Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Roger (31a) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5552 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5552 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certai 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 $8,000.00 For the following purpose: Acquisition of Parcels 8 and 9, Indiana Avenue. Parcel 9 is owned by Mr. and Mrs. Raymond Allen. The address is 3402 22nd Place. The legal description is Lot 20, Block 2, Squyres Place Addition. The consideration is $5,500.00, Parcel 8 is owned by Robert E. Gee. The address is 3401 22nd Street. The legal description is Lot 1, Block 2, Squyres Place Addition. The total consideration for the purchase of this lot is $5,500.00,however, ordinance 5480 had previously appropriated $3,000.00 for this parcel, leaving an additional appro- priation herein of $2,500.00. GWO 10519 68-27-357-864 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (33) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acquisition of Parcel 8, Lot 22, Block 19, Ellwood Place Addition - 2502 23rd Street from A. C. Hull and Joy L. Riddle for a total consideration of $41,270 for College Avenue right-of-way between 19th Street and 34th Street. This being Case No. 14484 in County Court at Law No. 1. 68-27-357-865 Motion by Councilman Turner, seconded by Councilman Rigsby,,motion carried, Mayor Rogers and (33a) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5553 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5553 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific.funds ou•t 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 $3,770.00 For the following purpose: Acquisition -of Parcel 8, College Avenue (Now.University Avenue) under GWO 10495 (19th Street to 34th Street project) from A. C. Bull and Joy L. Riddle. This is a supplement to Appropriation Ordinance No. 5212, which appropriated $37,500.00 as the award of the Special Commissioners in Condemnation. The condemnation was Cause No. 14484 in County Court at Law No. 1. The property being acquired is Lot 22, Block 19, Ellwood Place Addition which was also known by the street address, 2502 23rd Street. 68-27-357-866 Bids as follows were received for purchase of gasoline to establish a price -for a period of one (41) year, being Bid No. 444. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman -Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid of Horkey Oil Company for purchase of gasoline for one year. 68-27-357-867 Bids as follows were received for purchase of oil and grease to -establish a price for a period of (41a) one year, being Bid No. 456. Bid Tabulation set-in Bid Book. After consideration of all bids received, motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to -authorize acceptance of the bids as follows: ;58 261968 Accept the bid of Gulf Oil Company for purchase of Items 1-3, 9 & 12. Accept the bid of H. S. Hackfield Sinclair for purchase of Items 4 & 5. Accept the bid of Continental Oil Company for purchase of Items 6-8 & 14. Accept the bid of Horkey Oil Company for purchase of Items 10-11, 13, & 15-16. 68-27-358-868 Bids as follows were received for purchase of hydrogen, oxygen and acetylene to establish price (42) for a period of one year, being Bid No. 442. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid of Big Three Welding Company for purchase of hydrogen, acetylene and oxygen. 68-27-358-869 Bids as follows were received for purchase of sulfuric acid to establish a price for a period of (42a) one year, being Bid No. 443: Bid Tabulation set in Bid Book. 0 After consideration of all bids received, motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid of Best Fertilizer Company for purchase of sulfuric acid.for one year. 68-27-358-870 Bids as follows were received for purchase of fuel oil and diesel oil to establish price for a (42b) period of one year, being Bid No. 445. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Rigsby, seconded by Councilman Turner, 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 Gulf Oil Company for purchase of Item 1. Accept the bid of Ince Oil -Company for purchase of Item 2. 68-27-358-871 Bids as followswere-received for purchase of charging machines and microfilm readers for the (43) Library, being Bid No. 451. Bid Tabulation set in Bid Book. After Consideration of all bids received, motion was made by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid of Regiscope Southwest Incorp. for purchase of -Library equipment. 68-27-358-872 Bids as follows were received for overhaul of Carrier -Air Compressor- for the Auditorium -Coliseum, (44) being Bid No. 452. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Turner, 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 Airco, Incorp. for overhaul of Carrier Air Compressor for the Auditorium -Coliseum. 68-27-358-873 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (45) and Councilmen Granberry, Hollingsowth, Rigsby, and Turner voting Yea, none voting Nay, to auth- orize a budget supplement in the amount of $2,548 from Unappropriated Surplus Funds to Account No. 5045-319, being Auditorium -Coliseum account. 68-27-358-874 Mr. Leonard Wilson, Jr., appeared before the City Council requesting change in the Building Code (6) as it relates -to the Electrical Code to,permit the use of ROMEX in multiple housing projects. Also present in this regard were Joe Barkley, Winston Brown and Bill Mullins. After consideration of all information presented, it was unanimously agreed by the City Council to call a meeting of the Board of Electrical Examiners and Appeals to hear their recommendation and consider this request again October 10, 1968. 68-27-358-875 Mr. Charles Schaeffer of Bovay Engineers, Inc., appeared before the City Council and presented a (7) report on the solid waste study conducted by Bovay Engineers, Inc. Mayor Rogers expressed appre- ciation to Mr. Schaeffer for his fine work on the report. Mayor Rogers also stated that the City Council should move with dispatch on this project. 68-27-358-876 Mr. Goodwin Powell of Paper Clip, Inc., appeared before the City Council requesting permission of (7a) the City Council to use the parking area in front of his business located at 1413 Texas Avenue for sales promotion. After consideration of all information presented, motion was made by Council- man Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth,.Rigsby, and Turner voting Yea, none voting Nay, to allow Mr. Powell 4 days, 4 park- ing spaces and that he must have 4' sidewalk clearance. 68-27-358-877 The City Council considered the claim of Mr. Bill Williams for damage to his car when he struck (37) an excavation at York Avenue and 57th Street. After consideration of all information presented, motion was made by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth,;Rigsby, and Turner voting Yea, none voting Nay, to authorize payment of this claim in the amount of $149.14 for property damage. 68-27-358-878 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (36) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the 35 SEP 2 g 15 n r r r r. RESOLUTION WHEREAS, the Southeast Lubbock Development -Corporation has entered into an agreement with the Housing Authority of the City of Lubbock, Texas, for the sale to the Housing Authority of the low -rent housing units known as Green Fair Manor -Apartments, -and WHEREAS, the Southeast Lubbock Development Corporation is indebted to the City of Lubbock in the sum of $88,391.71 for loans made to such corporation for the operation of Green Fair Manor Apartments; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock, Texas hereby agrees that the above sum of $88,391.71 will be cancelled and forgiven on the condition that Southeast Lubbock Development Corporation, apply the sum of $40,292.78 to the payment of taxes for the year 1968 prorated to the date of closing of the sale of Green Fair Manor Apartments and in the event any portion of .such funds remains after the payment of taxes'such remaining funds shall be given to the City of Lubbock, Texas for.application on the above debt and further, any funds remaining in the Green Fair Manor Apartments accounts after payment of operating and maintenance expense shall be applie to the debt. Passed by the City Council this 26th day of ATTES LAVENIA LOWE, City Secre ary-Treasurer APPROVED: Isl Fred 0: Senter...Jr. Fred 0. Senter, Jr., City Attorney 68-27-359-879 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (36a) 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 execute for and on behalf of the City of Lubbock a Street Use Franchise granted to the Housing Authority of the City of Lubbock 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 26th day of AT1 LAVENIA LOWE, City Sec etary-Treasurer APPROVED: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney STREET USE FRANCHISE THE STATE OF TEXAS X COUNTY OF LUBBOCK X This indenture made this 27th day of September, 1968, between the City of Lubbock, Texas, a Home Rule Municipality, hereinafter called "City" and the Housing Authority of the City of Lubboc hereinafter called "Grantee". WITNESSETH: Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas, does hereby grant unto Grantee, its successors and assigns, the right, privileges and franchise to use a portion of the public way as hereinafter described: That certain alley beginning at Quirt Avenue and extending in a westerly direction between Lots I and 3, Block 20; Thence in a northwesterly direction on the west side of Lots 1 and 2 Block 40 and Lot 1, Block 38; all in Coronado Addition to the City of Lubbock, Lubbock Count Texas. Said alley being 20' in width except the portion abutting Lot 1, Block 38 where the width is 30' . 1, The use granted hereby extends to the use of the surface of the above described property only and Grantee herein is expressly prohibited from making permanent improvements thereon in the nature of buildings or structures which will interfere with the maintenance of utility lines placed therein. 60 26 1968 2. The terms of this grant shall be for twenty (20) years from the date of adoption hereof with the understanding that the City of Lubbock may cancel such franchise upon thirty (30) days notice to Grantee if, in its determination, such property is needed for use by the City of Lubbock. 3. This franchise is made subject to the condition that the City of Lubbock, its agents, servants, employees and any public utilities franchised or licensed by the City of Lubbock at the time of the adoption hereof shall be permitted the -right of ingress, egress and regress for the purpose of constructing, re -placing or repairing public utility lines, pipe lines and poles within such property. k. Grantee is hereby permitted to construct fences enclosing the franchised property on the condition that gates will be placed in such locations as to permit access to the utility lines stated above. 5. Grantee, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended'or implied except those expressly set forth herein and Grantee waives any and all claims in and to the public way -it is permitted to use hereby and agrees to give peaceful possession of said property covered upon termination or cancel- lation of this lease. CI7 By: ATTEST: 0 i l// A Z90: V., d LAVENfA LOWE, City Secret ry-Treasurer AGREED TO AND ACCEPTED this 27th day of September, 1968. HOUSING AUTHORITY OF CITY OF LUBBOCK By: /s/ Jim Sexton 68-27-360-880' Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (36b) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION WHEREAS, the Southeast Lubbock Development Corporation has entered into an agreement with the Housing Authority of the City of Lubbock for the sale to the Housing Authority of the low - rent housing units known as Green Fair Manor Apartments, and 0 WHEREAS, the City Council of the City of Lubbock has determined that such transfer would be in the best interest of the citizens of the City of Lubbock and continue to provide low -rent housing in a suitable living environment and thus eliminate substandard and inadequate housing, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the City Council of the City of Lubbock hereby gives its approval of such sale and to assest in such transfer, the Mayor of the City of Lubbock is hereby authorized to execute for and on behalf of the City of Lubbock an agreement to complete the.repairs commenced by the City of Lubbock at such housing units and further that the City will proceed to settle two pending fire damage claims to damaged apartments and further the City, along with the Southeast Lubbock Development Corporation will assume and promise to pay the taxes on the G een Fair Manor Apart- ments, prorated to date of closing of the sale of these housing units. Passed by the City Council this 26th day of September, 1 W. D. ROGERS, JR., Ma ATTEST: i LAVENIA LONE, Cit§ Secre ary-Treasurer APPROVED: /s/ Fred 0., Senter, Jr. Fred 0. Senter, Jr., City Attorney SATISFACTION OF REPAIR COSTS AND HOLD HARMLESS AGREEMENT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X 0 WHEREAS, the Southeast Lubbock Development Corporation has entered into an agreement with the Housing Authority of the City of Lubbock for the sale to the Housing Authority of the City of Lubbock of the low -rent housing units known as Green Fair Manor Apartments, and WHEREAS, the City of Lubbock has agreed to perform the repairs required by the Housing Authority as -part of such agreement, a copy of such required repairs being attached hereto, NOW THEREFORE, the City of Lubbock, acting herein by its duly authorized Mayor, does certify that all sums due for materials, labor or due to subcontractors or their materialmen for such repair work, have been paid or will be paid by the City of Lubbock and further, the City of t3L IEP 2 6 1E F11 F1 r Lubbock will hold harmless the Housing Authority of the City of Lubbock from any and all claims from laborers, sub -contractors or materialmen arising out of such repairs to Green Fair Manor Apartments, and further, the City of Lubbock will proceed to effect settlement of two fire damage claims now pending and perform the necessary repairs to the damaged apartments at Green Fair Manor Apartments with such repairs being paid for with the proceeds of such settlement. The City of Lubbock and the Southeast Lubbock Development Corporation hereby agree that the taxes on the Green Fair Manor Apartments are to be.prozated to the date .of .closing and assumed by Southeast Lubbock Development Corporation to ttat date and each hereby agrees that such taxes will be paid and the Housing Authority of the City of Lubbock will be held harmless as to any claim for such prorated taxes. " AGREED to this 26th day of September, 1968. CI cK W. D.. ROGERS, JR., ATTEST : LAVENIA LOWE, City Secret ry-Treasurer SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION /s_/ E. W._ Smith_ _ E. W. SMITH, President ATTEST: /s/ Al P. Couch Al P. Couch, Secretary -Treasurer 68-27-361-881 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (16) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the proposal of Freese, Nichols and Endress for a detail study of the Yellowhouse Canyon Lakes project and authorize budget supplement in the amount of $26,000 from Unappropriated Surplus funds. Mr. W. R. Blackwell, City Manager P. 0. Box 2000 Lubbock, Texas 79408 Dear Mr. Blackwell: In conformance with our conference of August 15, Bertram and Uzzle, we propose to make studies of and as set forth very completely in the City's Prospectus A. Scope August 20, 1968 1968, with Messrs. Blackwell, Waugh, reports on the Lubbock Canyon Lakes Project, of August 1968, as follows: The scope of the work is to make studies and reports covering in detail the items listed under Section III, Areas of Study, of the August 1968 Prospectus. It is recognized that the questions raised under Section III -A, Water Quality Requirements, are of critical importance and should be answered early in the study. The priority questions are: Can the water in the proposed recreation lakes be kept safe for recreation purposes virologically and bacteriologicall And can the nutrients in the waste water be reduced to the extent necessary to preclude unsatis- factory algae and aquatic growths such as now obtain in the Buffalo Lakes? We propose to report on this Area of Study first and would not complete the remaining studies until these priority questions are resolved to the City's satisfaction. B. Consultants Mr. Ed L. Reed of Midland will work with us, jointly, on all matters pertaining to ground water, wells, spring flow, and -the like. Although we have personnel well versed in the other areas of study, we would expect to consult with available specialists on particular questions. We have in mind Dr. C. H. Connell (Professor, Environmental Health, Department of Preventive Medicine and Public Health, Medical Branch, University of Texas) in the matter of nutrients. We would also expect to work closely with local and State Public Health Authorities. C. Copies of Reports Bound copies of the various reports will be furnished in the number desired by the City. D. Time of Services We will report on Water Quality Requirements within three months after authorization of the study and would expect to complete all of the work within approximately six months after the questions covered by the first report are resolved to the satisfaction of the City. E. Cost of Studies and Reports Services would be performed on a per diem and cost-plus basis as follows: a. Per Diem: S. W. Freese, M. C. Nichols, S. Gardner Endress - $150.00 per day. b. Salaries - Actual Payroll plus 75%. c. Expenses and Consultant's Fees: Actual Cost plus 15%. The cost to the City of the studies and reports will be limited to $20,000 exclusive of necessary field surveys, test drilling and laboratory analyses (virological, bacteriological and chemical). Arrangements for performing any work not covered by the $20,000 limit shall be sub- ject to approval by the City Engineer. (Attached find estimate of cost of studies and reports _- �U_ -4 010 411 rn --A ..F F4n1.3 n......n e.e ntn in f-$- amne nt Air SS 75n nni pa-amantQ AZ P 2 6 1968 for services would be due and payable upon completion and submission of all of the studies and reports authorized by the City. ACCEPTED BY CITY OF LUBBOCK W. R ackwell, C' Manager Lavenia Lowe, City SeciPtary Date Accepted: 9 26 68 Respectfully submitted. FREESE, NICHOLS AND ENDRESS /s/ S. W. Freese S. W. Freese 68-27-362-882 Motion by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (23) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to extend the water line from South University Avenue and Loop 289 to 82nd Street at a cost to the City -of $16,464.10 for fire protection. Service to be made available from this line under pro- visions of Chapter 34 of the Code of Ordinances. Authorization also given for the construction of a sanitary sewer in University Avenue from Loop 289 to 78th Street at a cost of $15,228.94 with the property owners to pay the estimated cost of an eight inch sewer. The property owner's share of the total cost being in the amount of $3,668.96. 68-27-362-B83 Motion by Councilman'Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (35) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the T-33 Airplane offered the City of Lubbock by Reese Air Force Base and to autho- rize Reese Air Force Base to store the airplane for the City of Lubbock at no cost to the City. 68-27-362-884 The City Council considered the recommendation of the Airport Board for sale of Building No. T-325. (38) After consideration of all information presented, 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 advise the Airport Board that the City Council feels it is not prudent to dispose of the building at the present time. 68-27-362-885 Mr. Fred 0. Senter, Jr., City Attorney, gave a report to the City Council of his meeting with (39) the Posey Neighborhood Community group. After consideration of all information presented, it was unanimously agreed by the City Council to have a work session with the Posey Neighborhood Commu- nity group in approximately two weeks. 68-27-362-886 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (34) Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, that Ordinance No. 5554 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5554 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There -is hereby appropriated out of the following described bond fund, to -wit: Fire Station Bond Fund The sum $84,620.00 For the following purpose: Construction of Fire Station No. 10 in the vicinity of East 48th Street and Quirt Avenue. 68-27-362-887 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (47) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the City of Lubbock will no longer require the payment of principal or interest on existing general obligation bonded indebtedness bonds issued for airport purposes, from Airport revenues. Payment will be made by the City of Lubbock from the General Fund. 68-27-362-888 (46) 68-27=362-889 (32) The City Council considered the recommendation of issuance of $2,500,000 Airport Revenue Bonds using tax for construction as follows: Runways - Taxiways Expansion of Terminal Building Flight Service Station Contingencies Reserve Fund General Aviation Aprons the Airport Board that the City Council authorize the gross Airport Revenue and a 5�ad valorem $ 1,625,000 135,000 150,000 100,000 165,000 325,000 Proposed date of issuance December 15, 1968 with bonds due December 15, 1969/1993. After consi- deration of the above recommendation, motion was made by Councilman Turner, seconded by Council- man Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize approval of the recommendation of the Airport Board as set -out above for issuance of $2,500,000 in'Airport Revenue Bonds. 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. 0 711 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE -CITY OF LUBBOCK: 3# SEP 2 6 1 r r 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 Option Agreement in favor of Walter W. Brand and wife Myrtle Brand, 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 26th day of September, ATTES . 1AVtNIA LOWE, City Secretary -Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney OPTION AGREEMENT STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I This Agreement entered into this 25th day of October, 1968, by and between the City of Lubbock, hereinafter known as the "City" and Walter W. Brand and wife, Myrtle Brand hereinafter known as "Owners", WITNESSETH WHEREAS, the Owners are the record owners of certain real property lying and being situated in the County of Lubbock, State of Texas, and being more particularly described as follows: Lots Five (5) and Six (6), Block One (1), Ellwood Place Addition, Installment No. 1 to the City of Lubbock, Lubbock County, Texas; and WHEREAS, the City had purchased of even date herewith from the owners for the consideration of THIRTY SIX THOUSAND, TWO HUNDRED FIFTY AND NO/100 ($36,250.00) DOLLARS portions of the above described portion property to -wit: TRACT 1 That portion of Lot 6, Block 1, Ellwood Place Addition, Installment No. 1, to the City of Lubbock, Lubbock County, Texas, described by metes & bounds as follows: BEGINNING at the Southwest corner of said Lot 6, Block 1, Ellwood Place Addition, THENCE North 203.46' along and with the West boundary line of said Lot 6 to a point on the South right-of-way line of 19th Street, for the Northwest corner of this parcel, THENCE in an Easterly direction 50' along and with the South right-of-way line of 19th Street to a point for the Northeast corner of this parcel, THENCE South 106.26' along and with the East boundary line of said Lot 6 to a point, said point being the intersection of the East boundary line of Lot 6 with a curve bearing to the right, said curve having a radius of 492.71 feet and a chord distance of 102.75 feet, THENCE Southwesterly on said curve to the right a chord distance of 102.75 feet to a point, said point being the intersection of this curve with the South boundary line of Lot 6, Block 1, THENCE West 17.49 feet along and with the South line of said Lot 6, Block 1, to the point of beginning. Containing 8,778.84 square feet or approximately .202 acres. TRACT 2 That portion of Lot 5, Block 1, Ellwood Place Addition, Installment No. 1, to the Cit of Lubbock, Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at a point on the West boundary line of Lot 5, Block 1, Ellwood Place, said point being 97.44 feet North of the Southwest corner of Lot 5, Block 1, THENCE North a distance of 106.26 feet along and with the West boundary line of Lot 5, Block 1, to a point, said point being the intersection of the West boundary line of Lot 5, Block 1, with the South right of way line of 19th Street, for the Northwest corner of this parcel, THENCE in an Easterly direction a distance of 11.6 feet along and with the South right-of-way line of 19th Street to a point, said point being the intersection of the South right-of-way line of 19th Street with a curve bearing to the right, for the northeast corner of this parcel, THENCE Southwesterly along said curve to the right having a radius of 492.71 feet and a chord distance of 106.88 feet to the point of beginning, Containing 814.1 square feet. as right-of-way for the construction of a proposed street; and 64 26 1968 WHEREAS, the owners have remaining property adjoining and contiguous to the tracts purchased by the City, and it is yet uncertain whether the City will utilize the said tracts for right-of- way for the new proposed street, and WHEREAS, it would be advantageous to the owners to purchase the said tracts should the City abandon its plan for construction of the proposed street upon the said tracts; WHEREAS, the owners desire an option to purchase the said tracts in the event the City does not have need for them. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the City in consideration of the sum of TWO HUNDRED FIFTY AND NO/100($250.00) DOLLARS to it paid by the owners, in cash, the receipt and sufficiency of all of which is here acknowledged, and in the mutual promises, covenants and payments hereinafter provided do hereby promise, and covenant as follows: Owners may exercise the option of purchasing from the City the above described tracts at any time before five (5) years from date, by written notice to the City delivered personally, or mailed to the City Secretary, P. 0. Box 2000, Lubbock, Texas 79408, and by paying to the City the total purchase price of THIRTY SIX THOUSAND, AND NO/100 ($36,000.00) DOLLARS, exclusive of the consideration of $250.00 above stated for this option. The City will deliver possession and marketable title to said tracts to the owners and execute and deliver to owners a special warranty deed, upon due exercise of this option and pay- ment of the purchase price. The owners' right to exercise the option is conditioned upon the City Council, by resolution, expressly determining that the City no longer has a need for the tracts as right of way for the proposed street and following such action the owners may, within the specified time remaining, exercise the option. This agreement shall be binding upon the parties hereto and their respective successors and assigns and legal and personal representatives. Executed this 25th day of October, 1968, at Lubbock, By: ATTESKL; LAVENIA LOWE, City Secret ry-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney WALTER W. BRAND /s/ Myrtle Brand MRYTLE BRAND OWNERS NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE C MEETING SEPTEMBER 26, 1968. ATTEST: LAVE IA LOWE, City ecretary-Treasurer READ AND APPROVED THIS THE 10TH DAY OF OCTOBER, 1968, ATTEST: LAVEAA LOWE, City Se retary-Treasurer D. IL ADJOURNED yo r ft REGULAR I I 1 � D. ROGERS, JR., or 11