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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/24/1968GAJ OCT 2 4 19E 68-27-389-939 (1) 68-27-389-940 (2) . 68-27-389-941 (3) 68-27-389-942 (4) 68-27-389-943 (10) October 24, 1968 REGULAR CITY COUNCIL MEETING: The City Council of the City of Lubbock, Texas, met at 10:00 o'clock a.m. in the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor W. D. Rogers, Jr., and Councilmen .Tames H. Granberry, Lonnie-F. Hollingsworth, Deaton Rigsby, and Morris W. Turner, City Attorney Fred 0. Senter, Jr., City Manager W. R. Blackwell, Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. Absent: None The invocation was given by City Manager W. R. Blackwell. 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 October 10, 1968; Special Called Meeting held October 9, 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, to authorize approval of Minutes of Accounts Allowed for the month of September, 1968. 1968 SEPTEMBER CHECKS GENERAL AND MISCELLANEOUS CHECKED BY MR. TURNER Fund City Special Sewer Pro Rata Special Fund Tax Certificate Undistributed Tax General Miscellaneous Bond Fund Sanitary Sewer Fire Station Fund Traffic Light Park Fund Street Improvement Storm Sewer Street Light Water Revenue Water Capital Projects Water Pro Rata Electric Revenue Electric Capital Projects Working Capital Fund Airport Revenue Check Numbers 116 1115-1120 122 359-361 1775-2266 949-961 154-165 398-413 1340-1351 2056-2082 828-831- 584-596- 1737-1861 1808-1813 1654-1666 5182-5318 597 7932-8188 4204-4238 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. 5555 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5555 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Project Fund 'The sum $38,598.36 For the following purpose: Construction of various sizes water distribution lines ahead of pav- ing in Indiana Avenue from 19th St. to 34th St. and in Avenue A from ACT 2 4 1968 68-27-390-944 (11) 68-27-390-945 (12) 68-27-390-946 (13) 68-27-390-947 (14) 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. 5556 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5556 WHEREAS, the City Council. -of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Sanitary Sewer Bond Fund The sum $35,000.00 For the following purpose: Additions and improvements. to the Northwest Water Reclamation Plant, Clovis Highway at Loop 289.. 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. 5557 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5557 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 $29,650.00 For the following purpose: Acquisition of Parcel 6, Indiana Avenue right of way, from the owner, Charles A. Moore and the lessee, ,Tune Roberts (Roberts Food Store). The address is 2110 Indiana Avenue. The legal description is: The North 43 feet of Lots 19 and 20, Block 1, Squyres Place, an Addition to the City of Lubbock, Lubbock County, Texas. GWO 19519 Owner: Charles A. Moore - $22,000.00 Lessee: June Roberts - 7,650.00 Total $29,650.00 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. 5558 be passed on second and final reading. ORDINANCE NO. 5558 AN ORDINANCE AMENDING CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING TO ARTICLE I. THEREOF, ENTITLED "WATER", A NEW SECTION 34-12.2 PROVIDING FOR SINGLE BILLING OF ALL WATER CONSUMED ON THE CAMPUS OF LUBBOCK CHRISTIAN COLLEGE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 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 Ordi- nance No. 5566 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5566 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: Traffic Signal Bond Fund The sum $1,500.00 For the following purpose:. To signalize the intersection of 50th Street and Avenue L. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate council meetings be dispensed with; and this ordinance shall be effective from the date of its passage. 68-27-390-948 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (16) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5567 be passed on first reading. F1 ORDINANCE NO. 5567 AN ORDINANCE AUTHORIZING THE ALTERING, AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON THE FOLLOWING STREETS IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, 39 OCT 2 4 196E OM r OM ow INTERSECTION WITH LOOP 289 AND EXTENDING NORTHWARD ON A PORTION OF IDALOU HIGHWAY; A PORTION OF LOOP 289 EXTENDING FROM SUCH INTERCHANGE TO F.M. HIGHWAY 40; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CON- FLICT 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; AND PROVIDING FOR.THE EFFECTIVE DATE OF THIS ORDINANCE. 68-27-391-949 Bids as follows were received for purchase of 1".. IV and 2" water meters to establish price for (31) a period of one year, being Bid No.!450. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, 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 Garcon Calmet Meter Division, Fort Worth, for purchase of water meters. 68-27-391-950 Bids as follows were received for purchase of refuse packer body for the Sanitation Department, (32) being Bid No.• 381. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid of Industrial Disposal Supply Company - San Antonio, for purchase of refuse packer body. 68-27-391-951 Bids as follows were received for purchase of traffic paint, premix reflectorized, to establish (33) price for a period of one year, being Bid No. 465. 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 William Armstrong Smith - East Point, Georgia for purchase of traffic paint. 68-27-391-952 Bids as follows• were received for purchase of two truck cab and chassis for the Sanitation Depart- (34) ment, being Bid No. 472. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Rigsby, 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 Interna- tional Harvester Company for purchase of two trucks and chassis'. 68-27-391-953 Bids as follows were received for purchase of seven submersible pumps for Water Production (35) Department, being Bid No: 462. 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 Pleuger Pump Manufacturing Company for purchase of seven submersible pumps. 68-27-391-954 Bids as follows were received for houses for sale to be moved, being Parcel 7 - 2212 Indiana (37) Avenue, Parcel. 22 - 3401 25th Street and Parcel 30 - 3401 29th Street, being Bid No. 473. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Rigsby, seconded by Councilman Granberry, 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 T. J. Davis Construction Company for purchase of the house to be moved from 2112 Indiana Avenue. Accept the bid of Darlton R. Pringle for purchase of the house to be moved from 3401 25th Street. Accept the bid of W. W. Anthony for purchase of the house to be moved from 3401 29th Street. 68-27-391-955 Bids as follows were received for houses for sale to be moved, being Parcel 10, 2302 Indiana (37a) Avenue;.Parcel 29, 3402 29th Street; and Parcel 32, 3401 30th-Street, being Bid No. 474. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Rigsby, seconded by Councilman Granberry, 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 T. J. Davis Construction Company for purchase of the house to be moved from 2302 Indiana Avenue: Accept the bid of P. L. Jennings.for purchase of the house to be moved from 3402 29th Street. Accept the bid of T. J. Davis Construction Company for purchase of the house to be moved from 3401 30th Street. 392 OCT 2 4 1968 68-27-392=956 (37b) 68-27-392-957 (37c) 68-27-392-958 (37d) 68-27-392-959 (37e) 68-27-392-960 (37f)' 68-27-392-961 (38) Bids as follows were received for houses for sale to be moved, being Parcel 15, 2312 Indiana Avenue; Parcel 25, 3402 27th Street; and -Parcel 33, 3402 31st Street, being Bid No. 475. Bid Tabulation set-in Bid Book. After consideration of all bids received, motion was made by Councilman Rigsby, seconded by Councilman Granberry, 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 Davis Construction Company for purchase of the house to be moved from 2312 Indiana Avenue. Accept the bid of B. R. Doss for purchase of the house to be moved from 3402 27th Street. Accept the bid of C. W. Coffee for purchase of the house to be moved at 3402 31st Street. Bids as follows were received for houses for sale to be moved, being Parcel 15, 2316 Indiana Avenue; Parcel 31, 3402-30th Street; and Parcel 37, 3402 33rd Street, being Bid No. 476. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Rigsby, seconded by Councilman Granberry, 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 Clifton Hensley for purchase of the house to be moved from 2316 Indiana Avenue. Accept the bid -of R. E. Hefner for purchase of the house to be moved from 3402 30th Street. Accept the bid of John E. Garnett for purchase of the house to be moved from 3402 33rd Street. Bids as follows were received for houses for sale to be moved, being Parcel 4, 3402 21st Street; Parcel 11, 2304 Indiana Avenue; and Parcel 20, 3401 24th Street, being Bid No. 477. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Rigsby, seconded by Councilman Granberry., 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'Gerald Wilson for purchase of the house to be moved from 3402 21st Street. Accept the bid of J. W. Connell for purchase of the house to be moved from 2304 Indiana Avenue. Accept the bid of T. M. Alford for purchase of the house to be moved from 3401 24th Street. Bids as follows were received for houses for sale to be moved, being Parcel 21, 3402 25th Street; Parcel 23, 3402 26th Street; and Parcel 24, 3401 26th Street, being Bid No. 478. Bid Tabulatiort'.set in Bid Book. After consideration of all bids 'received, motion was made by Councilman Rigsby, seconded by Councilman Granberry, 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 Dillard 0. Mills for purchase of the house -to be moved from 3402 25th Street. Accept the bid of Glenn Blackmon for purchase of the house to be moved from 3402 26th Street. Accept the bid of Larry K. Hay for purchase of the house to be moved from 3401 26th Street. Bids as follows were received for houses for sale to be moved, being Parcel 26, 3401 27th Street; Parcel 27, 3402 28th Street; Parcel 28, 3401 28th Street; and Parcel 34, 3401 31st Street, being Bid No. 479. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Rigsby, seconded by Councilman Granberry, 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'I. H. Parks for purchase of the house to be moved from 3401 27th Street. Accept the bid of Vera Baker for purchase of the house to be moved from 3402 28th Street. Accept the bid of Douglas Peddy for purchase of the house to be moved from 3401 28th Street. Accept the bid of Harry Kelsey for purchase of the house to be moved from 3401 31st Street. Bids as follows were received for periodicals for a period of one year for the Library, being Bid No. 449. 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 Ebsco Subscription ' Service, Dallas, for purchase of periodicals for the Library. 68-27-392-962 The City Council considered request by the United States Post Office that an easement be granted (15) to them for parking in the parkway area along the east side of Avenue G between 15th Street and 16th Street. It being felt by the City Council that this right-of-way will be needed in the future for the widening of Avenue G it was unanimously agreed by the City Council that an ease- ment not be granted, however, the City is willing to issue a street use license to the United States Post Office for parking in this area. 68-27-392-963 Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor (17) Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. l L I D 1 3C OCT 2 4 1; F r �1 ri RESOLUTION WHEREAS, the City Council of the City of Lubbock by resolutions passed on September 12, 1968, and September 24, 1968, at regular sessions of said City Council declared a necessity for and ordered the improvement of those certain highways or portions thereof including alleys in the City of Lubbock, Lubbock,. Texas, as more particularly described hereafter, by excavating, grading; and paving the same and by the construction of drainage facilities therein and by the construc- tion of curbs and gutters wherein curbs and gutters are not now in place, and directing the City Engineer to prepare plans and specifications for said improvements; and, WHEREAS, the plans and specifications for the improvements ofsaid highways and alleys have now been duly approved by the City Council of the City of Lubbock, Lubbock, Texas, WHEREAS,.it appears to the City Council of the City of Lubbock, Lubbock, Texas, to be necessary in the public interest to make the improvements herein designated on those certain high- ways, public streets and alleys or portions thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT improving the hereinafter described highways and alleys, or portions thereof, located within the City of Lubbock by excavating, grading, and paving the surface thereof and the con- struction of drainage facilities therein as well as the necessary curbs and gutters which are not now in place be and are hereby found -to be a necessity, on the following highway, alleys or portions thereof to be designated and defined by units and sub -units, to -wit: East Side ofAvenue A from its intersection with the South Property Lirie of 45th Street to its intersection with the South Property Line of 60th Street, known and designated as Sub -Unit Number l of Unit Number 2192. West Side of Avenue A from its intersection with the South Property Line of 45th Street to its intersection with the South Property Line of the alley North of 51st Street (Note -Lot A Lyndale Acres Addition is not included and no assessment is to be levied against said Lot A), known and designated as Sub -Unit Number 2 of Unit Number 2192. 'THAT the cost of making.such improvements be partly paid for by the City of Lubbock and partly by the property abutting upon the highways and alleys or portions thereof which are hereby ordered to be improved, and the owners of such property as a personal liability, after, public hearing all in accordance with and as required by Article 1105b, of the Revised Civil Statutes of Texas amended by Chapter 281 Acts of the 52nd Legislature and amendments thereto. THAT the City Secretary be. and is hereby authorized and directed to prepare a certified copy of this resolution and -to record or cause same to be recorded in the Deed Records of Lubbock County, Texas.. This resolution shall take effect and be in force PASSED AND APPROVED THIS 24TH DAY OF OCTOBER, 1968 ATTEST Afidg& 1"�,IvCj� r�ZF A 0C dcfi" fA LAVESIA LOWE, Cit Secr tary-Treasurer APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: /s/ Fred 0. Senter. Jr. Fred 0. Senter, Jr., City Attorney 68-27-393-964 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 the following resolution be passed. RESOLUTION WHEREAS, the City Council of the City of Lubbock by resolutions passed on September 12, 1968 September 24, 1968, and October 10, 1968 as amended on October 24, 1968, at regular sessions of said City Council declared a necessity for and ordered the improvement of those certain highways, streets or.portions thereof including alleys in the City,of Lubbock, Lubbock, Texas, as more part icularly described hereafter, by excavating, grading, and paving the same and by the construction of drainage facilities therein and by the construction of curbs and gutters wherein curbs and gutters are not now in place, and -directing the City Engineer to prepare plans and specifications for said improvements; and, WHEREAS, the plans and specifications for the improvements of said highways, streets, and alleys have now been duly approved by the City Council of the City of Lubbock, Lubbock, Texas, WHEREAS, it appears to the City Council of the City of Lubbock, Lubbock, Texas, to be neces- sary in the public interest to make the improvements herein designated on those certain highways, public -streets and -alleys or portions thereof; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT improving the hereinafter described highways, streets and alleys,or portions thereof, located within the City of Lubbock by excavating, grading, and -paving the surface thereof and the construction of drainage facilities therein as well as the necessary curbs and gutters which 394 T 2 41968 are not now in place be and are hereby found to be a necessity, on the following highway, street or streets, alleys or portions thereof to be designated and defined by units and sub -units, to -wit: Unit No. Street From To 2194-1 Avenue R N.P.L. of Clovis Rd. S-.P.L. of AT-& SF RR ROW 2194-2.. ' E. 10th St.. 3"E. of EPL of Nutmeg Ave. 2" W. of WPL of Quirt Ave. 2194-3.. 37th St. EPL of Avenue E W. Line of Lot-6, Blk 2, Ross Putty 2194-4 137th Street WPL of Avenue. E 3" E. of EPL of'Ave. F (N. Leg) 2194-5 Vandelia Dr. EPL of Avenue R WPL of Avenue Q 2194-6 Vandelia Dr. EPL nf,Aveoue S WPL of Avenue R 2194-7 Vandelia Dr. EPL of Sherman Ave. WPL of Avenue S 2194-8 Temple Ave. SPL of 62nd Street NFL of 63rd Street 2194-9 Chaparral Lane W. Paving Line of Cypress Rd.W. Gutter Line of N. Texas Avenue 2195-1 Temple Ave.. 13' S.'of SPL of Auburn St. N. Paving Line Clovis Road 2195-2 Avenue R W S.. of NPL of 3rd St. 19' NE of SPL of Clovis Rd. 2195-3 Cypress Road 65.27' S of SPL of Bradley(e) 2.5'S of SPL of alley S. of Adrian 2195-4 E. 8th St. 12' E of EPL of quirt Ave. E of Spruce Avenue (N. Leg) 2195-5 E. 7th St. 6' W. of WPL of Walnut Ave. 8' E. of EPL of Ute Avenue 2195-6 E. 8th St. 8' E.-of EPL of Vanda Ave. 6' W. of WPL of Walnut (N) 2195-7 Vanda-Avenue 8' N of NPL of E 10th 'St. NPL of East .8th Street 2195-8 E. loth St. 8' W of WPL of Walnut Ave. 8' W of WPL of Vanda Ave. 2195-9 E. 7th St. 13' W of WPL David Ave. (N) W. Pay. Line Idalou Road 2195-10 E. 16th St. 12' E of WPL.of Magnolia Ave.13' W of WPL of Oak Avenue 2195-11 E. 16th St. 13' W. of WPL of Oak Ave. 12' W of WPL of Quirt Ave. 2195-12 Avenue-J 10' N of SPL of 29th St., 10' S of NFL of 30th Street 2195-13 Avenue J 10' N of SPL of 30th St. 10' S of NPL of 31st Street 2195-14 Avenue J 10' N of SPL of 31st St. 10' S of NPL of 32nd Street 2195-15 Avenue M 13' N of SPL of 34th St. 11' N of NPL of 35th Street 2195-16 E 37th St. 515' W of WPL of Quirt Ave. 12' W of WPL of Quirt Ave. 2195-17 46th Street 7' E of EPL of Ave. C (S Leg) 5' E.-of EPL of Avenue B (S. Leg) 2195-18 46th Street 5' W. of WPL of Ave. D 7' E. of EPL of Ave. C (S. Leg) (S. Leg) 2195-19 Avenue T 9'-N of SPL of 38th St. 10' S of NPL of 39th Street 2195-20 Avenue T 10' N of SPL of 39th St. 10' S of NPL of 40th Street 2195-21 Avenue T 10' N of-SPL of 40th St. 8' N of NPL of 41st St. (E. Leg) 2195-22 Avenue T 8' S of SPL of 41st .St. 10' S. of NPL of 42nd Street (E. Leg) 2195-23 Avenue T 10' N of SPL of 42nd St. 10' S of NPL of 43rd Street 2195-24 Avenue T -10' N of SPL of 43rd St. 5' N of NPL of 44th St. (E Leg) 2195-25 Avenue T SPL of 44th St. (E Leg) 8' N of NPL of 45th St. (E Leg) 2195-26 Avenue T 8' S of SPL of 45th St. 13' S. of NPL of 46th St. (E. Leg) (E. Leg) 2195-27 Avenue T 10' S of SPL of 50th St. 390.9'S. of SPL of 50th St. 2195-28 53rd St. 16' E. of EPL of Ave. P E of Avenue N (N. Leg) 2195-29 Belton Ave. Cul-de-sac-200' N. of 50th Alley E. of Belton 2195-30 Wayne Avenue 18' S. of SPL of 55th 18' S. of SPL cf 56th Street Street (E. Leg) (E. Leg) 2195-31 Wayne Avenue 18' S. of SPL of 54th 18' S. of SPL of 55th Street (E. Leg) Street (E. Leg) 2195-32 Dover Avenue 8' S. of SPL of 45th 16' N of NPL of 46th Street Street (E. Leg) 2195-33 Dover Avenue 8' N of NPL of 44th Street 8' N of NPL of 45th Street (E.Leg) (E. Leg) 2195-34 Englewood Ave. 18' S. of SPL of 45th St. 13' N of NPL of 46th Street 2195-35 25th Street 11' E. of EPL of Chicago 3' W. of WPL of Bangor Ave. Avenue 2195-36 Wayne Avenue S. Paving Line of 21st St. 34.64' N of NPL of 24th St. (E.Leg) 2195-37 Vicksburg Avenue 120.79' SW of NPL of Lot 18.5' N. of SPL of 19th St. 24, Bobalet Hts. 2195-38 Vicksburg Avenue 3' N of NPL of alley S,of- 15' S. of SPL of 6th St. (W Leg) 6th St. 2195-39 Vicksburg Avenue 15' N of NPL of 6th St. 8' N of NPL of 5th Street .(W: Leg) 2195-40 Vicksburg Avenue 8' N. of NPL of 5th Street 34' N of SPL of 4th Street 2195-41 Belmont Ave. 3' N of NPL of alley N. of S. Lip Line of 4th Street 6th Street 2195-42 43rd Street 11' W. of the EPL of Ave. H 8' E. of the EPL of Ave. D 2196-1 35th Street 15' W. of EPL of Ave. N E. Lip Line of Avenue M 2196-2 Avenue D 11' N. of SPL.of 38th NPL of 39th Street Street (E. Leg) 2196-3 Avenue•D SPL of 39th Street 3' N. of NFL of 40th Street 2196-4 66th Street. 13' W. of WPL of Toledo- 16' W. of WPL of Quaker Ave. Ave. (N. Leg) 2197-1 Ash Avenue 13.5' N. of NPL of E. 62nd N. Paving Line of Slaton Hwy. Street 2197-2 E. 66th St. 13.5' E. of EPL of Magnolia W. Paving Line of Quirt Avenue (N) 2198-1 Avenue E .11' N of NPL of 22nd St. 5' N of NPL of 23rd St. (W. Leg) (W. Leg) 2199-1 S 1/2 50th St. 18' W. of.WPL of Kenosha 16' W. of WPL of Memphis (S. Leg) Avenue 2199-2 S 1/2 50th St. 16' E of EPL of Utica Ave. 15' W. of WPL of Salem Ave. LI. THAT the cost of making such improvements be partly paid for by the City of Lubbock and partly by the property abutting upon the highway, street or streets, and alleys or portions there- of which are hereby ordered to be improved, and the owners of such property as a personal liabil- ity, after, public hearing all in accordance with and as required by Article 1105b, of the Revised Civil Statutes of Texas amended by Chapter 281 Acts of the 52nd Legislature and amendments thereto. 3C OCT 2 4 r r n F r THAT the City Secretary be and is hereby authorized and directed,to prepare a certified copy of this -resolution and to record or cause same to be recorded in the Deed Records of Lubbock County, Texas. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24TH DAY OF OCTOBER, 1968 ATTEST.- LAVE21IA LOWE, Cit Setre ary-Treasurer APPROVED: Isl Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: /s/ Fred 0. Senter, Jr., - Fred 0. Senter, Jr., City Attorney 68-27-395-965. Motion by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Rogers (18a) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea,.none voting Nay, that the following resolution be passed. RESOLUTION A RESOLUTION AMENDING -RESOLUTIONS ADOPTED. ON SEPTEMBER 12, 1968, SEPTEMBER 26, 1968 AND ON OCTOBER 10, 1968 AND AS MORE PARTICULARLY IDENTIFIED IN ITEM NUMBER 24 OF THE MINUTES OF OCTOBER 10, 1968 PROVIDING FOR IMPROVEMENT OF PORTIONS OF STREETS; HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF -SAID CITY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS BE AMENDED BY ADDING -ADDITIONAL STREETS. BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS, THAT: Public necessity exists that the following portions of streets in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: STREET Chaparral Lane (Tulane St.) FROM Cypress. -Ave. II. TO Texas Ave. Said portions of streets shall be improved by raising, grading and filling same, by installing concrete curb and gutters, caliche base and asphalt paving and by installing storm sewers and drains where necessary. The City Engineer is hereby directed to prepare plans and specifications for such improve- ments, and all other parts of resolutions adopted on September 12, 1968, September 26, 1968, and October 10, 1968, shall remain in full force and effect and same is hereby ratified and confirmed This.resolution shall take effect and be in force € PASSED AND APPROVED THIS 24TH DAY OF OCTOBER, 1968. W. D. ROGERS, JR., ATTEST: LAVMftA LOWE, Cit Secre ry APPROVED: Is/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 68-27-395-966 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (20) Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. Councilman Granberry was absent at the time of this motion. 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 T. J. Hodges, Inc. (G.W.O. 2934) for the making and construction of alley improvements on -portions of numerous alleys in -said City including among T 2 4 1968 The East-West alley between 4th Street and 5th Street from its intersection with a line 12.00 feet West.of the -East Property Line of Avenue X to its intersection with a line 12.00 feet East of the West of Line of Avenue W, known and designated as Sub -Unit Number 3 of Unit Number A-394. The East-West alley between 14th Street and 15th Street from its intersection with a line 150.00 feet East of the East Property Line of University Avenue to its intersection with a line 12.00 feet East of the West Property Line of Avenue..X, known and designated as Sub -Unit Number 12 of Unit Number A-394. The East-West alley.between 18th Street and 19th Street from its intersection with a line 12.00 feet West of the East Property Line of Avenue W to its intersection with the West Property Line of Avenue V, known and designated as Sub -Unit Number 13 of Unit Number A-394. The North -South alley between Avenue K and Avenue L from its intersection with a line 24.50 feet North of the South Property Line of 16th Street to its intersection with a line 21.50 feet South of the North Property Line of 17th Street, known and designated as Sub -Unit Number 16 of Unit Num- ber A-394. The North -South alley between Avenue F and Avenue E from its intersection with the South Property Line of 17th Street to its intersection with a line 12.00 feet South of the North Property Line of 18th Street, known and designated as Sub -Unit Number 17 of Unit Number A-394. The East-West alley between 29th Street and 30th Street from its intersection with a line 22.00 feet East of the West -Property Line of Avenue Q to its intersection with a line 12.00 feet West of the East Property Line of Avenue S, known and designated as Sub -Unit Number 18 of Unit Number A-394. The East-West alley between 49th Street and 50th Street from its intersection with the East Pro- perty Line of Avenue U to its intersection with the West Property Line of Avenue T, known and designated as Sub -Unit Number 21 of -Unit Number A-394. The Northeast -Southwest alley Southeast of 56th Street from its intersection with a line .5 feet West of the East Property Line of Hartford Avenue to its intersection with the West Property Line of 56th Drive, known and designated as Sub -Unit Number 28 of Unit Number A-394. The North -South 'alley between Joliet Avenue and Indiana Avenue from its intersection with the South Property Line of 49th Street to its intersection with a line 150.00 feet South of the South Property Line of 49th Street, known and designated as Sub -Unit Number 29 of Unit Number A-394. The East-West alley between 51st Street and 52nd Street from its intersection with the East Pro- perty Line of Orlando Avenue to its intersection with the West Property Line of Memphis Avenue, known and designated as Sub -Unit Number 31 of Unit Number A-394. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys have been inspected and found to have been constructed in accordance with terms of -said contract (GWO 2934). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of -the abovementioned alleys. 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 listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. III. This resolution shall take effect and be in force from and after i p sage. PASSED AND APPROVED THIS 24TH DAY OF OCTOBER, 1968. 0 W. D. ROGERS, JR., r ATTEST• LA'VENIA LOWE, City Secre ry APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Honorable Mayor and City Council October 24, 1968 Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by T. J. Hodges, Inc., paving contractor, 3 J OCT 2 4 1 the East-West alley between 4th Street and 5th Street from Avenue X to Avenue W, the East-West alley between 14th Street and 15th Street from 150' East of University Avenue to Avenue X, the East-West alley between 18th Street and 19t•h Street from Avenue W to Avenue V, the North -South alley between Avenue K and Avenue L from 16th Street to 17th Street, the North -South alley betwee Avenue F and Avenue•E from 17th Street to 18th Street, the East-West alley between 29th Street i and 30th Street from Avenue Q to Avenue S, the East-West alley between 49th Street and 50th Stree from Avenue U to Avenue T, the Northeast -Southwest alley Southeast of 56th Street from Hartford Avenue to 56th Drive, the North -South alley between Joliet Avenue and Indiana Avenue from 49th Street to 150' South of 49th Street, the East-West alley between 51st Street and 52nd Street from Orlando Avenue to Memphis 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 alleys, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due him by the City of Lubbock and issue assignable certificates against property owners for the respective amounts shown on the attached final asses ment sheets as being due against them and their respective properties. Yours very truly, Is/ Wilford D. Watson Wilford D. Watson City Engineer CONSOLIDATED FINAL ESTIMATE GWO 2934 Accepted October 24, 1968 QUANTITIES S.Y. Unit & Alley L.F. Sub -Unit Location Paving C & G A-394-3 The E-W alley between 4th St. & 5th St. and 697.78 79.40 from 12' W. of the EPL of Ave. X to 12' E. of the WPL of Ave. W A-394-12 The E-W alley between 14th St. and 15th St. 517.78 36.00 and from 150' E. of the EPL of University Ave. ..to 12' E. of the WPL of Ave. X I A-394-13 The E-W alley between 18th St. and 19th St. 698.89 83.00 and from 12' W. of the EPL of Ave. W to the WPL of Ave. V A-394-16 The N-S alley between Ave. K and Ave. L and 319.23 55.60 from 24.5' N. of the SPL of 16th St. to 21.5' S. of the NPL of 17th St. A-394-17 The N-S alley between Ave. F and Ave. E and 307.78 40.00 from the SPL of 17th St. to 12' S. of the NFL of 18th St. A-394-18 The E-W alley between 29th St. and 30th St. 711.48 37.00 and from 22' E. of the WPL of Ave. Q to 12' W. of the EPL of Ave. S A-394-21 The E-W alley between 49th St. and 50th St. 678.89 and from the EPL of Ave, U to the WPL of Ave. T A-394-28 The NE -SW alley Southeast of 56th St. and 809.60 from .5' W. of the EPL of.Hartford Ave. to the WPL of 56th Drive A-394-29 The N-S alley between Joliet Ave. and Indiana 182.42 42.50 Ave. and from the SPL of. 49th St. to 150' S. of the SPL of 49th St. A-394-31 The E-W alley between 51st St. and 52nd St. and 1,408.67 from the EPL of Orlando Ave. to the WPL of Memphis Ave. TOTAL 6,332.52 373.50 COST ESTIMATE 6,332.52 S.Y. Alley Paving @ $6.42 $40,654.78 373.50 L.F. Curb & Gutter @ $1.85 690.97 CONTRACT COST $41,345.75 COST DISTRIBUTION Property City Unit & Contract Owner to Sub -Unit Cost Cost Contractor A-394-3 $ 4,626.64 $ 3,999.92 $ 626.72 ' A-394-12 3,390.75 2,631.99 758.76 A-394-13 4,640.42- 3,219.95 1,420.47 A-394-16 2,152.32 1,767.97 384.35 - A ,394-17 2,049.95 1,677.57 372.38 A-394-18 4,636.15 2,499.98 2,136.17 A-394-21 4,358.47 2,195.96 2,162.51 i A-394-28 5,197.63 2,888.15 2,309.48 ;98 j 2 41968 68-27-398-967 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (21) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance and final payment to Clowe and Cowan, Inc., in the amount of $1,261.95 for furnishing two high service water pumps and controls - W.W.O. 7974.• (Pumps for Reese Air Force Base water supply.) The contract was in the -amount of-$8,788 and the final cost was in the amount of $8,413. Clowe and Cowan, Inc.' Box 1240 Lubbock, Texas Gentlemen: Certificate of Acceptance In accordance with Paragraph 49, Section II, of the Specifications for Pumps, Reese Air Force Base, W.W.O. 7974,-you are hereby notified of the acceptance of this protect by the City Council of the City of Lubbock on October 24, 1968. Final payment was authorized at the same meeting and will be forthcoming. Yours very truly, /s/ Wilford D. Watson Wilford D. Watson City Engineer CERTIFICATE OF COMPLETION Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On October 14, 1968, I inspected the Water'Pumps for the Reese Air Force Base Distribution System, W.W.O. 7974 constructed by.Clowe and Cowan, Inc. under contract dated May 11, 1967 and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said -improvements and authorize final payment to the contractor. Very truly yours, /s/. Wilford D. Watson Wilford D. Watson City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS COUNTY OF LUBBOCK X Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Al Crosby, who being by me duly sworn, upon oath says: 1, Al Crosby, Clowe and Cowan, Inc., do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated May 11, 1967, for Water Pumps, Reese Air Force Base, under W.W.O. 7974, and that the work and contract has been completed according to the plans and specifications pertaining to the project and that all labor, material, supplies and other cost including equipment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State and Municipal laws were substantially complied with by me in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this 18th day of October. /s/ Alfred Crosby Subscribed and sworn to before me this the 18th day of October, 1968. ,s/ Marvin Parr Notary Public in and for Lubbock County, Texas 68-27-398-968 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 Resolution accepting water and sewer system improvements for Lots 157-158, 174-187, 191-235 & 250-251, Tracy Hts.'Addition. C I TY OF LUBBOCK a SUMMARY OF UNCOLLECTIBLE ACCOUNTS As of September 30, 1968 E,UND DEPARTMENT DESCRIPTION TOTAL General Sanitation Dempster—Dumpster Pick —Up Service: River Queen $5.00 River Queen Lounge —7.50 $ 12.50 -General, Cemetery Grave Services 740.00 Single Space Contracts 385.50 (Collection efforts not i successful) Lots repossessed and returned °to inventory at value of $2,475.00 �0 OQ $3,635.50 General Animal Shelter` Nine (9) returned checks — not collectible $ 74.00 General Golf Seven (7) returned checks — not collectible $ 29.00 General Municipal Court Fourteen (14) returned checks — not collectible $ 260.00 General Building Inspec. Seven (7) red tag charges — not collectible $ 17.50 General Water and Light Newcomer List Sales Newcomer Greeter Service $ 15.00 TOTAL GENERAL FUND 14.043.50 Airport • Airport Accounts Receivable — Not collectible: Revenue Bell Flying Service $3.25 TOTAL AIRPORT REVENUE FUND Electric Returned Checks — Revenue not collectible $ B73.68 Accounts Receivable Electric Sales -. 55,005.69 TOTAL E4ECTRIC REVENUE FUND $55,.879___;37 51 �r �T C I TY OF LUBBOCK i SUMMARY OF UNCOLLECTIBL£ ACCOUNTS As of September 30, 1968 FUND DEPARTMENT DESCRIPTION TJOTAL General Sanitation Dempster —Dempster Pick —Up Service: River Queen $5.00 River Queen Lounge 7_—,.5Q $ 12.50 General:, Cemetery Grave Services 740.00 Single Space Contracts 385.50 (Collection efforts not r successful) Lots repossessed and returned to inventory at value of $2,475.00 2.5.10 M $3,635.50 General Animal Shelter: Nine (9) returned checks — not collectible $ 74.00 General Golf Seven (7) returned checks — not collectible $ 29.00 General Nunicipal Court Fourteen (14) returned checks — not collectible $ 260.00 General Building lnspec. Seven (7) red ta'g charges — not collectible $ 17.50 General Water and Light -Newcomer List Sales Newcomer Greeter Service $ 15.00 TOTAL GENERAL FUND Airport • Airport Accounts Receivable — Not collectible: Revenue Bell Flying Service $3.25 TOTAL A i RPORT REVENUE FUND---- Electric Returned Checks — Revenue not collectible $ 873.68 Accounts Receivable Electric Sales 55.005.64 TOTAL ELECTRIC REVENUE FUND5.879�3Z s 3 OCT 2 4 1 r f f WHEREAS, the developer of Lots 157-158,174-187, 191-235 &.250-251, Tracy Heights Addition have complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by provid- ing the water and -sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $20,439,40 with the improvements con- struoted by Hemphill Contracting Company having a value of $14,342.18 as determined by the unit prices established by said Chapter 34, and $6,137.10 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City, with A & J Developers, the developer, to receive a refund of $2,515.06 in accordance with Chapter 34 of the Code of the Cit, of Lubbock. WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City -of Lubbock. 2. That a refund of deposit be made in the amount of $2,515.06. 3. This resolution shall take effect and be in force fromand PASSED AND APPROVED THIS 24TH DAY OF OCTOBER 1968. _ WW a IV t ! W. D. ROGERS, JR., ATTES I AVY1114, b" - - LA NIA LOWE, City SecAetary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney its passage. 68-27-399-969 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (26) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authoriz( charge -off of uncollectible accounts in the amount of $101,581.61. Summary of uncollectible accounts being set in on opposite page. 68-27-399-970 The City Counc,il,considered use of City owned land at the southwest corner of 19th Street and (27) University Avenue, said Tract being 110' by 60' by 50'. Motion was then made by Councilman Turner, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Rigsby, and Turner voting Yea, Councilman Hollingsworth voting Nay, to approve the landscaping design presented by the Parks Department, cost being as follows: Construction of flower beds Automatic water system Botanical supplies TOTAL Cost of this development to be from general fund. $ 600.00 2,664.00 13400.00 $ 4,664.00 68-27-399-971 The City Council considered the drainage situation at 70th Street -and Avenue W. Mr. David Casey (29) owner of property in the area appeared before the City Council in this regard. Motion was then 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 authoriz+ expenditure.of the necessary funds to relocate culvert and adequately drain this area. This work to be done upon receipt of the necessary easement and after a complete drainage study by thi City Engineering Department. Cost estimate to be furnished the City Council at a later date. 68-27-399-972 Motion by Councilman Hollingsworth, seconded -by Councilman.Grapberry, motion carried, Mayor (30) Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize release of paving lien of Mr. Arthur W. Jackson of property located at 4819 34th Street upon payment of the principle in the amount of $377.57 and one-half of the interest in th+ amount of $145.25. 68-27-399-973 Motion by Councilman Rigsby, 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. 5568 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5568 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certa specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT OMAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street .00 2 4 IM 68-.27-400-974 (23) 68-27-400-975 (24) The sum $2,000.00 For the following purpose: Construction of concrete headwalls on' North Avenue U at creek culverts located 400' north of Erskine Street. . 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 following resolution be passed. RESOLUTION WHEREAS, the City Council of the City of Lubbock has heretofore determined and now finds that -due to -increased vehicular traffic on Indiana Avenue in the City of Lubbock, it is necessary to open, extend, straighten and widen said Indiana Avenue;.and, WHEREAS, it is necessary to acquire for street right of way purposes the fee simple title to the land hereafter described, owned by Gust Kiousis Kallas and wife, Anna Kiousis Kallas; and WHEREAS, it appears that the said Gust Kiousis Kallas and Anna Kiousis Kallas have by a written agreement, leased the said land hereinafter described to Robert D. Fletcher who presently occupies the said land under such lease; and WHEREAS, the Council has caused an appraisal to be made of said land and the value and total damages, if'any, to the owners, and all others, whose interest may appear, for fee simple title to said land have been appraised in the amount of $47,000.00, and the Council finds such amount to be fair and equitable; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purpose of opening, straightening and widening the public street known and designated as Indiana Avenue, the fee simple title to the land lying and being situated in Lubbock County, Texas, and more particularly described as follows, to -wit: All of Lot Twenty (20) and the East 4.5 feet of Lot Nineteen (19), Block One (1), Johnny and Jack Addition to the City of Lubbock, Lubbock County, Texas. THAT owners, Gust Kiousis Kallas and Anna Kiousis Kallas, and Robert D. Fletcher, Lessee, and all others, if any, whose interest may appear, be offered through the Right -of -Way Department, the amount appraised as the value and total damages, if any, for the fee simple title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock, and unless accepted forthwith, the City Attorney is hereby authorized and •instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire the fee simple title to said land as hereinabove described''for street purposes. Approved and passed by unanimous vote of the Council thi o Oct ber, 196Y. olobt CM " W. D. ROGERS, JR., ATTEST* J4. i LAVE IA LOWE, Cit Secr ary-Treasurer Mr. Joe Morahan Right -of -Way Agent The City of Lubbock P. 0. Box 2000 Lubbock, Texas 79408 Dear Mr. Morahan: Clark Equipment Company owns all of Block 6A of Riverlawn Addition, an Addition to the City of Lubbock, and is in the process of acquiring Lot 13 which is on the northeast side of Block 6A, Riverlawn Addition. Clark Equipment Company would like to close that pbrtion-north of Avenue A which lies southwest from the -Loop. Clark Equipment Company would be willing to give such easements or alley dedica- tions as would be requested by the City of Lubbock -for enlcosing this street. It is requested that this closing be done by ordinance. It would be satisfactory with Clark Equipment Company to split the north part of Avenue A with Lot 1 of Riverlawn Addition, which -is owned by Clark Equipment Company. As soon as you receive the comments of the staff, it is requested that you call me, as I would like to visit with you regarding these comments prior to the time 'of submission to the City Counsel. It is hoped that this can be submitted to the City Council- on October 24, 1968. Very truly yours, /s/ Norton Baker Norton Baker IVW 0 The City Council considered the request of Clark Equipment Company as set out in the above letter for closing a portion of Avenue A, south of Loop 289 and motion was made by Councilman Hollings- worth, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the closing of this portion of Avenue A after re -plat of the'area. 400A OCT 24 1 fN c '1 year payable on execution of this instrument and a like sum payable on January 1st of each succeeding year for the duration of this franchise. 4. Payment of the annual fee provided above, except the initial payment, shall be made by Grantee to City on January 1st of each year this franchise is in effect. Notice of such fee being due shall be sent by the City to Grantee and upon failure of Grantee to pay such fee withit thirty (30) days from receipt of such notice, the City shall consider such non-payment as a default in this franchise and the City Council shall determine whether such franchise shall be considered forfeited and may elect to demand vacation by Grantee. 5. Prior to any construction as authorized by this franchise, the Grantee shall submit to the City Engineer plans and specifications for the construction to be done, and the Grantee sha1: not commence construction until such plans and specifications are approved by the City Engineer. 5. The Grantee agrees to pay all costs arising out of the exercise of the franchise herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this franchise. Grantee shall keep the alley and/or sidewalk over such underground construction in such condition and repair that it will be safe for use by the public and in a manner satisfactory to and approved b, the City Engineer, and shall at all times comply with the ordinances of said City regulating ther use of space underneath and over streets, alleys and sidewalks of said City. 7. In the event the City determines that the existence of such use interferes with or causes the re-routing or re -aligning of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the City or franchised utility, Grantee agrees to reimburse the City of Lubbock, or such utility, as the case may be, for its expense of such relocating or re-routing over and above the expense which would have been incurred except for Grantee's use herein. 8. This franchise is made subject to the condition that should the Grantee, its successors or assigns, exercise any right under the franchise herein granted and prepare or begin or com- plete any part of the construction as herein contemplated, under and across any or all of the above set out property, then and in that event said Grantee, its successors or assigns, will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this franchise or the construction or maintenance and use permitted herein. City, at its option, may require an agreement with any contractors hired by Grantee to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the City from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The City may further require such contractor, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to City, a reliable surety bond, in an amount and in the form satisfactory to said City, guaranteeing the faithful performat of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability and property damage insurance within limits specified by, and in a form satisfactory to, said City, covering the contractual liability assumed by contractor in said agreement with City. The City agrees to give notice to Grantee prior to incurring any costf or expenses or the payment of any such claims or demands in order to give Grantee a reasonable ` opportunity to settle or adjust the same. 9. Grantee agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to, said City which names the City as an insured, said policy covering the uses herein granted in general and the bumper curb or ledge in particular. 10. At such time as this franchise should be canceled or revoked for any reason, before or after the expiration of the primary term, the improvements that are permitted under this fran- chise shall be removed by the Grantee and the property restored to its original condition at no cost or expense to the City of Lubbock. In the event Grantee fails or refuses to remove such improvements after demand by City, the City shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against Grantee for which Grantee shall be liable. 11. All of the covenants and provisions of this franchise shall be binding upon and inure t< the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the Grantee, its successors or assigns, shall be binding upon the City of Lubbock without the consent of the City of Lubbock in each instance. 12. 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 herein upon termination of cancellation of this franchise. ATTEST - f,rZ,0VA-f, Az�ro LAVEfffA LOWE, Citf Secretary -Treasurer AGREED TO AND ACCEPTED this 13th day of December, 1968. LICENSEE: THE LUBBOCK NATIONAL BANK OB 2 4 19U NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR SESSION THE 24TH DAY OF OCTOBER, 1968. r� n ATTE LA ENIA LOWE, City S cretary-Treasurer READ AND APPROVED THIS THE 115TH DAY OF NOVEMBER, 19 ATTEST: IAVERtA LOWE, City Sec etary-Treasurer 68. W. D. ROGE S, Mayor I l OCT 24 1 L L 68-27-401-976 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (25) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay that the following Resolution be passed. RESOLUTION WHEREAS, the City Council has heretofore approved the granting of a Street Use Franchise to Court Place, Incorporated, and WHEREAS, before execution of such Franchise, request has been made to change the name of th Licensee to The Lubbock National Bank; NOW THEREFORE: 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 issued to The Lubbock National Bank.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 h avain in AotAll _ Passed by the City Council this 24th day of October, 19 ATTEST: LAVE LOWE, City ecre ry-Treasurer APPROVED: /s -Fred 0. Senter. Jr. Fred 0. Senter, Jr., City Attorney STREET USE FRANCHISE THE STATE OF TEXAS I COUNTY OF LUBBOCK This indenture made this 24th day of October, 1968, between the City of Lubbock, Texas, a Home Rule Municipality, hereinafter called "City" and the Lubbock.National Bank, a National Bank ing Corporation, 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 construct, occupy and maintain the uses stated below to be located within portions of Main Stree Texas Avenue and the east -west alley in Block 119, Original Town, City of Lubbock, Lubbock Count Texas, as more particularly shown and described on the drawing attached hereto and made a part hereof. The uses permitted hereunder and as shown on the attached drawing, are as follows, to-w a. A bumper curb or ledge, approximately six (6") inches above grade, projecting approxi- mately one foot into the right of way of the streets and alley as shown on the attached drawing. .b. A four (4") inch projection of the marble facing on the multi story building. The pro- jection will be into the street and alley and will extend from the second floor to the top of th building. The top of the building will be approximately 120 feet above grade. c. An underground transformer vault projecting ten (10) feet into the alley at the rear of the multi story, or tower part. d. A sub -surface strip of land seven (7') feet in width crossing the street right of way and extending from the northeast corner of Block 119 to the southwest corner of Block 104, both the Original Town of Lubbock. This strip of land will be used for an underground tunnel or passageway and any construction therein will be in the manner and at the depth approved by the City Engineer. e. A sub -surface strip of land below the sidewalk area extending along Main Street adjacen to Block 119, Original Town, said strip of land to be used for an underground tunnel or passage- way the construction of which will be in a manner and at a depth approved by the City Engineer. Construction of this tunnel or passageway will involve alteration and reconstruction of an exist ing basement the location of the tunnel being as shown on the attached drawing. f. Several planter boxes on the sidewalk area, as shown on the attached drawing, said planter boxes to be placed in such a way as to provide a minimum six (6') foot sidewalk area adjacent to the property line, free of obstruction and to provide sufficient clearance from the street curb as to not obstruct ingress and egress to or from vehicles parked at the curb. The top of the planter boxes are to be approximately eight (8") inches above the sidewalk grade and the plantings will consist of trees pruned in such a manner as to not obstruct passage along the sidewalk areas. 1. The use granted hereby -shall not extend to the use of the ground level of the property above described but shall only permit below surface or building overhang construction, except the bumper curb or ledge and except the planter boxes. 2. The term of this grant shall be for twenty (20) years from the date of adoption hereof and thereafter for a period running from month to month at the will of the City. 3. Grantee shall pay to the City as a compensation for such grant the sum of ONE HUNDRED FIFTEEN AND N0/100 ($115.00) DOLLARS per year for the duration of this franchise, with the first (Cnntinned on Pane 400A)