HomeMy WebLinkAboutMinutes - City Council - Regular - 10/23/1969W)_
OCT 2 3 1969
69-28-366-970
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69-28-366-971
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69-28-366-972
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October 23, 1969
REGULAR CITY COUNCIL MEETING:
The City Council -of the City of Lubbock, Texas, met at 10:00 o'clock a.m. in the regular meeting
place in the City Hall, the following members thereof being present to -wit:
Mayor W. D. Rogers, Jr., and Councilmen "James H. Granberry, Lonnie F. Hollingsworth, Deaton
Rigsby, and Morris W. Turner, City Manager W. R. Blackwell, City Attorney Fred 0. Senter, Jr.,
Assistant City Manager Robert Wilson, and City Secretary -Treasurer Lavenia Lowe.
Absent: None
The invocation was given by City Attorney Fred 0. Senter, Jr.
The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber.
Motion 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 approval of City Council Minutes - Regular Meeting held October 9, 1969; Special
Called Meeting held October 7, 1969.
Motion by Councilman Turner, 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.
THE CITY COUNCIL
LUBBOCK, TEXAS
RESOLUTION
WHEREAS: With deepest regrets and profound sorrow, the Mayor and Councilmen learned of the
passing of Anthony Richard Carnevale on October 20, 1969;'and,
WHEREAS: As a husband, father, citizen and employee of the City of Lubbock, Tony was without
peer'and an irreplaceable loss to us all; and,
WHEREAS: Tony Carnevale's dedicated sense of responsibility and outstanding contributions
to the City of Lubbock were a hallmark coveted by many and achieved by few; and,
WHEREAS: Throughout his life, Tony gave freely of his time and efforts to his church, his
fraternal organizations, his duty and to the youth of our community especially through the
Golden Gloves Program;
THEREFORE, BE IT RESOLVED that the Mayor and Councilmen of the City of Lubbock hereby
express our appreciation for the outstanding service of Anthony'R. Carnevale.
BE IT FURTHER RESOLVED that the Mayor and Councilmen extend to the family of Anthony R.
Carnevale our sympathy and offer our comfort to them in this time.of their great loss.
Signed at Lubbock, Texas, this 23rd day of October, 1969.
Lsl W. D. Rogers, Jr. .,
Mayor
ATTEST:
/s/ LaveniA Lowe
City Secretary
Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor
Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay,
that Ordinance No. 5764 be passed on second and final reading.
AN APPROPRIATION ORDINANCE
ORDINANCE NO. 5764
WHEREAS, the City -Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds out of bond funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: Traffic
Light Bond Fund
The sum $182,000.00
For the following purpose: Installation and equipment for the 1969 Traffic Signal Program
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OCT 2 3 19
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69-28-367-975 Motion by Councilman Hollingsworth, seconded by Councilman -Granberry, motion carried, Mayor
{11} Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay,
i that Ordinance No. 5766 be passed on second and final reading.
AN APPROPRIATION ORDINANCE ORDINANCE NO. 5766
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds out of bond funds -for an approved project;
NOW THEREFORE,..
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: Traffic Ligh
Bond Fund
The sum $2,000.00
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For the following purpose: Labor and material to install traffic signal at 50th Street and Elgin
Avenue.
69-28-367-976 Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Roger
(12) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that
Ordinance No. 5767 be passed on second and final reading.
AN APPROPRIATION ORDINANCE ORDINANCE NO. 5767
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: Airport
Capital Projects Fund
The sum $2,500.00
For the following purpose: Expanding sewage disposal plant by addition of field facilities.
69-28-367-977 Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Roger
(13) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that
Ordinance No. 5768 be passed on second and final reading.
AN APPROPRIATION ORDINANCE ORDINANCE NO. 5768
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 4F THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: Airport
Capital Projects
The sum $18,000.00
For the following purpose: Financial advisor's fee, legal fee, bond rating and marketing fee, fo
sale of Airport Revenue Bonds - $2.5 million
69-28-367-978 Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Roger
(14) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that
Ordinance No. 5769 be passed on second and final reading.
AN APPROPRIATION ORDINANCE ORDINANCE NO. 5769
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: Airport
Capital Projects
The sum $1,009,009.00
For the following purpose: Plan specifications and construction of 1550' extensions of E-W run-
way and construction of north 2000' N-S-runway.
69-28-367-979 Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Roge
(15) and Councilman Granberry, Hollingsworth, Rigsby, and Turner voting Yea, -none voting Nay, that
Ordinance No. 5770 be passed on second and final reading.
ORDINANCE NO. 5770
AN ORDINANCE AMENDING SECTIONS 3-6 AND 3-7 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK,
GOVERNING AIRCRAFT TAKE -OFFS AND LANDINGS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA-
TIONS.
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69-28-368-980 Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor
.(16) Rogers gnd Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay,
that Ordinance No. 5765 be passed .on second and final reading.
ORDINANCE NO. 5765
AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL
VEHICLES ON THE FOLLOWING STREET IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, TO -WIT: A 20 MPH SPEED ZONE ON 50TH STREET BEGINNING AT A POINT 190' EAST OF THE CENTER OF
UTICA AVENUE (SOUTH SIDE) AND EXTENDING WEST FOR 400'; 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 ORDI-
NANCE 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.
69-28-368-981 Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Rogers
(17) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that
Ordinance No. 5720 be passed on second and.final reading.
ORDINANCE NO. 5720
AN ORDINANCE ABANDONING AND CLOSING AN ALLEY IN BLOCK 2,'USLEAMAN'S ADDITION TO THE CITY OF
LUBBOCK, AS MORE PARTICULARLY DESCRIBED HEREIN AND DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THE ALLEY AS
AFORESAID.
69-28-368-982 Motion by Councilman Hollingsworth, seconded by.Councilman Granberry, motion carried, Mayor Rogers
(18) 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 Quit Claim Deed in favor of Curry Motor Freight Lines,
Inc., of Potter County, Texas, attached herewith which shall be spread.upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and be a part of this
Resolution as -if fully copied herein in detail.
Passed by the City Council this 23rd day of October, 1969.
ATTES
Jj?
LAVENIA LOWE, City Secre ary-Treasurer
APPROVED:
Ls/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
.QUIT CLAIM DEED
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK I
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas,
for and in consideration of the sum. of TEN AND N01100 DOLLARS ($10.00) and other good and valu-
able consideration to it in hand paid by CURRY MOTOR FREIGHT LINES, INC., of Potter County, Texas,
the receipt of which is hereby acknowledged, does hereby by these presents BARGAIN, SELL, RELEASE
AND FOREVER QUIT CLAIM unto the said CURRY MOTOR FREIGHT LINES, INC., all its right, title and
interest in and to that certain tract or parcel of land lying and being situated in the County
of Lubbock and State of Texas, described as follows, to -wit:
ALL the North -South alley in Block 2, Usleaman's Addition to the City of Lubbock, Lubbock
County, Texas.
This Quit Claim is made subject to the easements this day conveyed by the Grantee herein to
the Grantor contemporaneously with this execution.
TO HAVE AND TO HOLD tbesaid premises together with all and singular the rights, privileges
and appurtenances thereto in any manner belonging unto the said CURRY MOTOR FREIGHT LINES, INC.,
its successors and assigns, nor any person or persons claiming under it shall, at any time here-
after, have claim, or demand any right to 'title to the aforesaid premises or appurtenances, or
any part thereof.
WITNESS MY HAND at Lubbock, Texas, this.23rd day of October, 1.96
CITY
BY
W. D. ROGERS, JR., Ma
El
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ATTEST:
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69-28-369-983 Mr. Albert Smith requested permission from the Mayor to speak in opposition to the United Nation;
(4) Day proclamation stating he feels it is a communist dominated organization.
i 69-28-369-984 Mrs. Albert Fore of 2703 East Colgate Street in northeast Lubbock appeared before the City Counc:
(7) stating, that out of 41 residences constructed in this area in'which she lives there are only 12
of these residences that are -occupied. She stated that the yards and alleys adjoining the
vacant property are in poor condition, there being weeds and debris, in the opinion of the resi-
dents of the area,an unhealthly atmosphere. Mrs. Fore was advised by the City Council that the
City would make an effort to improve the'conditions of this area.
69-28-369-985 TO: The Council of the City of Lubbock
(8)
FROM: The Garden and Arts Center Board of Directors
This Board wishes to sponsor a Fall Festival September 12, 1970 from 9 a.m. to 9 p.m. on the K.
N. Clapp and J. A. Hodges Parks and include the use of the Hodges Community Center and Ball Park
and the Garden and Arts Center. This project would be to raise funds for the further developmen-
in the physical plant of the Municipal Garden and Arts Center. The activity that radiates from
this hub has more than saturated the present facilities. Many cultural and educational groups
that request to meet in the building are turned away because of full bookings..
The Board of Directors request permission of the Council of the City of 'Lubbock to stage a real
money making project with lots of funinvolved in the form of- a Fall Festival. Contract would
be drawn up whereby booths would be rented to all groups presently meeting at the Center and
other non-profit cultural organizations ... for $15.00 with a 20% commission of all their sales
going to the Garden and Arts Center Development Fund. Each organization may rent as many booths
as they feel the can profitably man.
Decorations to include colored banners and bal.00ns. Advanced ticket sales to such activities as
barbershoppers, melo-drama...twi-light program...magic.ians act...folkdancers... puppet show..
Trash collectors to be one of the organizations using scooters. Garbage cans to be placed at
close intervals over the parks area. The Board request to have Demster Dumpster trucks availabl4
to empty units during the day.
Parking to be on vacant lots in area with shuttle service to be provided by the committee. Cart.
to be pushed over area to sell pop -corn and peanuts.. Booths to be made of 2 x 4 frames and
covers with chicken wire and/or canvas. Photograph booth with props to make individual of famil-
group pictures. Golden agea to have a booth. Walk-thruarea for rest... Need permit of type use;
by Panhandle South Plains.Fair groups. Need the Polka -Dots for one of the advanced ticket sale
acts...
The Board will furnish protection.to plants and replace all physical damage to plant material.
The above request for authorization of a fall festival to be held at the Garden and Arts Center
in K. N.• C1app.and J. A. Hodges Parks on September 12, 1970, was presented by Mrs. Georgia Booke-
Mrs. Booker stated that the Parks and Recreation Board has approved this project. After conside-
tion of all information, -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 grant this request and authorize endorsement of this project in princip
69-28-369-986 Mr. and Mrs. William Pierce of 4730 47th Street appeared before the City Council requesting the
(9) City pay for damage caused by over flow of sanitary sewer at their residence when the Public Worl
-Department was working on the line to unstop the main line at 5007 46th Street. A claim has bee]
presented to the Council Council on this damage. After consideration of all information presents
the City Council instructed the staff to make a detailed inspection to determine the cause of
damage to the residence at 4930 47th Street and report back to the City Council.
69•-28-369-987 The City Council considered authorization of parallel parking on North University Avenue from
'(19) 4th Street to Clovis Road and it was unanimously agreed to hold a public hearing on November 13
1969, at 10:30 a.m. to further consider this change.
69-28-369-988 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and
(20b) Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, that the
following resolution be passed.
RESOLUTION
WHEREAS, the City Council finds that the existing traffic flow, speed and volume of traffic
at the below described location is such as to require the widening and improving of such public
street which is also -designated as U.S. Highway 62; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Texas
of 19th Street (U.S.
the City of Lubbock,
Highway Commission is -hereby requested t�o program the widening and
Highway 62) from Avenue A (U.S.-Highway'87),to University Avenue,
Texas.
Passed by the Council. this 23rd day of October, 1969.
ATTEST:
LAVEN LOWE, City Secret ry-Treasurer
improving
within
69-28-369-989 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and
(22) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the
following resolution be passed.
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of .the City of -Lubbock BE and is hereby authorized and directed to execute
for and on behalf of the City of Lubbock a CONTRACT between the City of Lubbock and the Atchison,
Topeka and Santa Fe Railway Company, covering a drainage ditch along North Avenue Q beginning at
Kent Street 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 23rd day of October,
ATTEST•
LAVENLA LOWE, Citf Se.cre ary-Treasurer
APPROVED:
/s/ Fred 0. Senter, Jr.
Fred-O. Senter, Jr., City Attorney
LICENSE
THIS LICENSE, Made this 23rd day of October between THE ATCHISON, TOPEKA AND SANTA FE RAIL-
WAY COMPANY, a Kansas corporation (hereinafter called "Licensor"), party of the first part, and
CITY OF LUBBOCK, a municipal corporation of the State of Texas, (hereinafter called "Licensee"),
party of the. second part.
WITNESSETH, That the parties hereto for the consideration hereinafter expressed covenant and
agree as follows:
1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to
construct and maintain a drainage ditch, approximately 1600 feet in length and 10 feet wide
(hereinafter called the "Ditch) on the right of way of Licensor at Mile Post 670 plus 2295 feet,
near the station of Lubbock, Lubbock County, Texas, the exact location of the ditch being more
particularly shown by red coloring upon the print hereto attached, DEO Slaton, Texas, No. 8799,
dated August 25, 1969 marked "Exhibit A" and made a part hereof.
2. Licensee shall pay Licensor as compensation for this license the sum of One and No/100
Dollars ($1.00), the receipt of which is hereby acknowledged.
3. Licensee shall, at its own cost and subject .to .the supervision and control of Licensor's
chief engineer, locate, construct, and maintain the ditch, whether on or off the right of way of
the Licensor, in such a manner that it will not at any time be a source of danger to or inter-
ference with the present or future tracks, roadbed, and property of Licensor, or the safe opera-
tion of its railroad. If at any time•.Licensee shall, in the judgment of Licensor, fail to per-
form properly its obligations under this paragraph, Licensor may, at its option, itself perform
such work as it deems necessary for the safe operation of its railroad, and in such event Licensee
agrees to pay, within.fifteen (15) days after bill shall have been rendered therefor, the cost
so incurred by Licensor, but failure on the part of Licensee to perform the obligations of Licen-
see shall not release Licensee from liability hereunder for loss or damage occasioned thereby.
4. 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 of repair, or presence of the ditch,
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) mechanic's or other liens of any character, or (d) taxes or
assessments of any kind.
5. 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.
6. 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 six (6) months' 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 ditch and restore the right of
way of Licensor to the same condition in which it was prior to the placing of the ditch thereon.
In case Licensee shall fail to restore Licensor's premisesas aforesaid within thirty (30) 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 here-
under, whether of indemnity or otherwise, resulting from any acts, omissions, or events happening
prior to the date the right of way of Licensor is restored as above provided.
7. At any time during the term hereof, Licensor'shall desire to make any use of the licen-
sed property with which the ditch will in any way interfere, including the relocation of existing
or the construction of new tracks, pole lines, wires, conduits, pipelines, etc., in which it shall
.have an interest, Licensee shall at no expense to Licensor, make such changes in the ditch as in
the judgment of the Licensor may be necessary to avoid interference with the proposed use of its
property.
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8. In the case of the eviction of Licensee by anyone owning or obtaining title to the
premises on which the ditch 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.
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9. Any notice, request, instructions, or revocation of this license to be given by Licens03
to Licensee hereunder shall be deemed to be properly served if the same be delivered to Licensee
or if deposited in the Post Office, postpaid, addressed to Licensee at Lubbock, Texas.
10. This license is made subject to all valid, existing and future contracts, agreements,
licenses and easements which may affect said licensed property, covering roads, public and prival
pole lines and appurtenances; water lines, or other facilities.
11. 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, bi
no assignment hereof by Licensee, its successors, legal representatives or assigns, or any subse-
quent assignees, 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.
ATTEST:
ATTEST: 4f
THE ATCHISON, TOPEitA AND SANTA FE RAILWAY COMPS
By
Its r1
CITY
By WV s
Its Mayor
69-28-371-990 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carrd, Mayor Rogers and
(24) Councilman Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none v ing Na , that the
following resolution be passed.
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the
subdivider of Southgate Addition, Lots 142-147, made arrangements with Pioneer Pavers, Inc. for
the construction of paving improvements on certain streets dedicated in said subdivision under
the provisions of said -Ordinance prior to the recording of the subdivision plat of Southgate
Addition, Lots 142-147 including the following street:
The South 1/2 of 54th Street from its intersection with the West Property Line of Lot 142, South-
gate Addition to its intersection with the East Property Line of Lot 147, Southgate Addition,
known and designated as New Subdivision Unit Number 1788.
AND WHEREAS, the construction of the above improvements on the abovementioned street was pel
formed under the supervision of the City Engineer, and said improvements have been completed aid
have been inspected and found to have been constructed in accordance with City specifications an(
in accordance with the provisions of City Ordinance 1331.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
I.
That the improvements on said portions of the abovementioned street be and the same are her(
by accepted and the City Engineer be and he is hereby authorized to direct the payment of the
City's portion of the cost and to release escrow money.
II.
This resolution shall take effect and be in force from and after 'tsN
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PASSED AND APPROVED THIS 23RD DAY OF OCTOBER, 1969.
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W. D. ROGERS, JR., Ma
ATTEST:
LAVENIA LOWE, City Secretdry-Treasurer
APPROVED:
/s/Wilford D. Watson
i WILFORD D. WATSON, City Engineer
APPROVED:
/s/ Fred 0. Senter, Jr.
FRED^0. SENTER, JR., City Attorney
Honorable Mayor and City Council October 23s 1969
Lubbock, Texas
sage.
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Gentlemen:
I have examined the paving improvements constructed by Pioneer Pavers, Inc., paving contract
under their contract with the subdividers of Southgate Addition, Lots 142-147 and find the impro,
ments on the South 1/2 of 54th Street from Lot 142 to Lot 147 as listed on the final estimate
sheet to have been completed in accordance with the plans and specifications and recommend that
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23 1969
you accept the improvements -on said street, authorizing payment to the contractor the amount
shown on the attached consolidated -final estimate sheet as due them by the City of Lubbock.
Yours very truly,
/s/ Wilford D. Watson
City Engineer
CONSOLIDATED FINAL ESTIMATE SOUTHGATE ADDITION LOTS 142-147_Accepted 0_ctober 23, 196.9
QUANTITIES
Unit & - S.Y. Paving L.F. S.Y.
Sub -Unit Location 6" Base C & G Re -surfacing
NS 1788 The South 1/2 of 54th Street
from the
886.00
443.00 14.00
WPL of Lot 142 Southgate Addition
to
the EPL of Lot 147 Southgate
Addition.
COST ESTIMATE
886.00 S.Y. Paving 6" Base
@ $2.25
$ 1,993.50
443.00 L.F. Curb & Gutter
@ $2.00
886.00
14.00 S.Y. Re -surface
@ $1.20
16.80
CONTRACT COST
$ 2,896.30
COST DISTRIBUTION
Property
City to
Unit & Contract
Owner
Contractor
Sub -Unit Cost'
Cost
NOW
NS 1788 $ 2,896.30
$2,363.99
$ 532.31
69-28-372-991 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and
(25) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the
following resolution be passed.
RESOLUTION.
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONSOF 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 Kerr Construction Company (G.W.O. 2969) for the
making and construction of street improvements on portions of numerous streets and/or avenues in
said City including among others the following:
East 10th'Street from its intersection with a line 3.00 feet East of the East Property Line of
Nutmeg Avenue to its intersection with a line 2.00 feet West of the West Property Line of Quirt
Avenue, known and designated as Sub -Unit Number 2 of Unit Number 2194.
37th Street from -its intersection with the East Property Line of Avenue E to its intersection with
the West Line of Lot 8, Block 2, Ross Putty Addition, known and designated as Sub -Unit Number 3
of Unit Number 2194.
37th Street from its intersection with the West Property Line of Avenue E to its intersection with
a line 3.00 feet East.of the East Property Line of Avenue F (North Leg), known and designated as
Sub -Unit Number 4 of Unit Number 2194.
Chaparral Lane from its intersection with the West Paving Line of Cypress Road to its intersection
with a line 15.00 feet East of the West Property Line of North Texas Avenue, known and designated
as Sub -Unit Number 9 of Unit Number 2194.
Temple Avenue from its intersection with a line 13.00 feet South of the South Property Line of
Auburn Street to its intersection with the North Paving Line of Clovis Road, known and designated
as Sub -Unit Number 1 of Unit Number 2195.
Cypress Road from its intersection with a line 3.00 feet South of the South Property Line of the
alley South of Vardo Lane (East Side) to its intersection with the North Lot Line of Lot 1, Horne's
Mesa Addition, known and designated as Sub -Unit Number 3 of Unit Number 2195.
East 8th Street from its intersection with a line 12.00 feet East of the East Property Line of
Quirt Avenue to its intersection with the center line of Spruce Avenue (North Side), known and
designated as Sub -Unit Number 4 of Unit Number 2195.
East 7th Street from its intersection with a line 6.00 feet West of the West Property Line of
Walnut Avenue to its intersection with a line 8.00 feet East of the East Property Line of Ute 0
Avenue, known and designated as Sub -Unit Number 5 of Unit Number 2195.
Bast 8th Street from its intersection with a line 8.00 feet East of the East Property Line of
Vanda Avenue to -its intersection with a line 6.00 feet West of Walnut Avenue (North Side), known
and designated as Sub -Unit Number 6 of Unit Number 2195.
Vanda Avenue from its intersection with a line 8.00 feet North of the North Property Line of East
10th Street to its intersection with the North Property Line of East 8th Street, known and
designated as Sub -Unit Number 7 of Unit Number 2195•.
OCT 23 1
r
f
F
f
East 7th Street from its intersection with a line 13.00 feet West of the West Property Line
of David Avenue (North Leg) to its intersection with the West Paving Line of Idalou Road, known
and designated as Sub -Unit Number 9 of Unit Number 2195.
East 16th Street from its intersection with a line 12.00 feet East of the West Property Line of
Magnolia Avenue to its intersection with a line 13.00 feet West of the West Property Line of Oak
Avenue, known and designated as Sub -Unit Number 10 of Unit Number 2195..
East 16th Street from its intersection with a line 13.00 feet West of the West Property Line of
Oak Avenue to its intersection with a line 12.00 feet West of the West Property Line of Quirt
Avenue, known and designated as Sub -Unit Number 11 of Unit Number 2-195.
East 37th Street from its intersection with a line 515.00 feet West of the West Property Line of
Quirt Avenue to its intersection with a line 12.00 feet West of the West Property Line of Quirt
Avenue, known and designated as Sub -Unit Number 16 of Unit Number-2195.
43rd Street from its intersection With a line 11.00 feet West of the East Property Line of Avenue
H to its intersection with a line 8.00 feet East of the East Property Line. of Avenue D, known
and designated as Sub -Unit Number 42 of Unit Number 2195.
AND WHEREAS, the improvements.upon the said portions.of the abovementioned streets and/or
avenues, have been inspected and found to have been -constructed in accordance with terms of said
contract (G.W.O. 2969).
THEREFORE, BE IT RESOLVED BY THE CITY OF.LUBBOCK, TEXAS:
I.
That the improvements on said portions of the abovementioned streets and/or avenues be and
the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct pay-
ment 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 streets and/or avenues listed above and against the owners of such pro-
perty in accordance with law and in the manner provided.in said contract, and the proceedings wit
reference to said improvements and assessments where such assessments were levied.
This resolution shall take effect and be in force
PASSED AND APPROVED THIS 23RD DAY OF OCTOBER 1969,
ATTEST:
LAVENIA LOWE, City Secre ary-Treasurer
APPROVED:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
APPROVED:
/s/ Fred O. Senter. Jr.
Fred 0. Senter, Jr., City Attorney
Honorable Mayor and City Council
Lubbock, Texas
Gentlemen:
October 23, 1969
I have examined the paving improvements constructed by Kerr Construction Company, paving co[
tractor, under their contract dated November 15, 1968, designated as G.W-.O. 2969 and find the
improvements on East 8th Street from Quirt Avenue to Spruce Avenue, East 7th Street from Walnut
Avenue to Ute Avenue, East 8th Street from Vanda Avenue to Walnut Avenue, Vanda Avenue from East
loth Street to East 8th Street, East 7th Street from David Avenue to Idalou Road, East 16th Stree
from Magnolia Avenue to Oak Avenue, East loth Street from Nutmeg Avenue to Quirt Avenue, 37th
Street from Avenue E to 600' East of -Avenue E, 37th Street from Avenue F to Avenue E, Chaparral
Lane from Cypress Road to North Texas Avenue, Temple Avenue from Auburn Street to Clovis Road,
Cypress Road from the alley South of Vardo Lane to the North Lot Line of Lot 1, Horne's Mesa
Addition, East 16th Street from Oak Avenue to Quirt Avenue, East 37th Street from Quirt Avenue tc
515' West of Quirt Avenue and 43rd Street from Avenue H to Avenue D as listed on the final esti-
mate 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 pay-
ment 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/ Wilford D. Watson
Wilford D. Watson, City Engineer
4
231969
CONSOLIDATED FINAL ESTIMATE G.W.O. 2969 Accepted October 23,_ 1969
UANTITIES
S.Y.
L.F.
S.Y.
S.y.
S.Y.
Re-
Re -in -
Unit &
Paving
L.F.
Alley
Valley
sur-
forced
Sub -Unit
Location
6" Base
C & G
Return
Gutter
facing
Gutter
2194-2
East loth St. from 3' E.
2,246.89
1,544.18
11.56
of EPL of Nutmeg,Ave. to
2' W of WPL of Quirt Ave.
2194-3
37th St;. from EPL of'Ave.
1,756.21-
1,252.51
32.82
20.22
E to W line of Lot 8, Blk.
. 2' Ross Putty Add.
2194-4
37th St. from WPL of Ave.
979.17
715.66
34.67
14.22
E to 3' E. of EPL of Ave.
F, N. Leg
2194-9
Chaparral Lane from W. Pav-
2,074.78
857.30
9.07
ing Line of Cypres-s Rd. to
WGL of N. Texas Ave.
2195-1
Temple Ave. from 13' S.
1,061.87.
625.27
46.22
29.33
of SPL of Auburn St. to
N. Paving Line of Clovis
Rd.
2195-3 Cypress Rd. from 3' S.
1,485.23
.386.10
10.00
of SPL of alley S. of
Vardo Lane (East Side)
to N. Lot Line of Lot
1, Horne's Mesa Add.
2195-4 East 8th St.'from 12' E
2;757.21
1,457.30
12.78
23.11
of EPL - of Quirt' Ave. to
C Spruce Ave. (N. Side)
2195-5 East 7th St. from 6' W.
2,154.67
1,224.00
16.00
14.22
of WPL of Walnut Ave. to
8' E. of EPL of Ute Ave.
2195-6 East 8th St. from 8' E.
1,264.09
662.42
16.00
16.00
of EPL of Vanda'Ave. to
6' W. of Walnut Ave.
(N. Side)
2195-7 Vanda Ave. from 8' N. of
2,113.35
1,188.75
NPL of E 10th St. to NPL
of E. 8th St.
2195-9 East 7th St. from 13' W.
1,186.63
615.70
15.56 52.54
62.67
of WPL of David Ave. (N.
Leg) to W. Paving Line
Idalou Rd.
I
2195-10 East 16th St. from 12'
2,644.36
1,406.44
E. of WPL of Magnolia
;
Ave. to 13' W. of WPL
of Oak Ave.
2195-11 East 16th St. from 13'
2,362.86
1,161.59
53.11
W. of WPL of Oak Ave. to
12' W. of WPL of Quirt
Ave.
2195-16 East 37th St.. from 515'
1,723.52
956..68
12.44
W. of WPL of Quirt Ave.
to 12' W. of WPL of Quirt
Ave.
2195-42 43rd St. from 11' W. of
5,109.96
29603.70
26.00 4.22
10.67 30.00
EPL of Ave.- H to 8' E. of
} EPL of Ave. D
30,920.80
16,657.60
226.01 102.98
214.44 30.00
COST ESTIMATE
30,920.80 S.Y. Paving 6" Base
@•$2.18-
$ 67,407.35
16,657.60 L.F. Curb & Gutter
@ $1.9-7
- 32,815.47
226.01 S.Y Alley Return
@ $7.75
1,751.58
102.98 S.Y. Valley Gutter
@ $8.00
823.84
214.44 S.Y. Resurfacing
@ $1.50
321.66
30.00 L.F. Reinforced Gutter
@ $2.50
75.00
CONTRACT COST
$ 103,194.90
Ell
69-28-375-994
(20)
0
LUBBOCK TRAFFIC ENGINEERING DEPT.
UNIVERSITY AVENUE AT 64TH
STREET MEDIAN ADJUSTMENT
SCALE i 50.0' DRAWN BY R.L.
OCTOBER 16, 1969 FILE D-4- 224
37
OCT 2 3 1969
MR
a"
I
COST DISTRIBUTION
Property
City
City to
City to Contractor
Unit &
Contract
Owner
to
Contractor From
from
Sub -Unit
Cost
Cost
Contractor
GW0.29,69
Paving Extension Fund
2194-2
7,957.59
8,619.52
(-661.93)
(-661.93)
2194-3
6,580.67
5,941.29
639.38
639.38
2194-4
3,834.46
3,157.62
676.84
676.84
2194-9
6,282.19
4,321.72
1,960.47
1,960.47
2195-1
3,960.42
3,616.97
343.45
343.45
2195-3
4,075..92
978.94
3,096.98
1,327.91
1,769.07
2195-4
9,015.32
6,964.93
2,050.39
201.89
1,848.50
2195-5
7,253.79
7,584.96
(-331.17)
(-331.17)
2195-6
4,208.69
3,377.01
831.68
831.68
2195-7
6,948.94
6,598.54
350.40
(-1,348.95)
1,699.35
2195-9
4,434.70
3,107.17
1,327.53
1,327.53
2195-10
8,535.39
7,785.10
750.29
750.29
2195-11
.7,850.9.6
4,881.64
2,969.32
2,969.32
2195-16
5,660.59
6,563.36
(-902.77).
(-902.77)
2195-42
16 595.27
15 894.38
700.89
700.89
TOTAL 103,194'.90 89,393.15 13,801.75 . 8,484.83
5,316.92
69-28-375-992
Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and
(30)
Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi-
nance No. 5777 be passed on first reading.
ORDINANCE NO. 5777
AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, (BEING
ORDINANCE NO. 4725, THE BUILDING CODE), BY AMENDING SECTION 1305 THEREOF PROVIDING FOR VENTILA-
TION OF GROUP H OCCUPANCIES: AMENDING SECTION 1405 THEREOF PROVIDING FOR VENTILATION FOR GROUP
I OCCUPANCIES: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
69-28-375-993
Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and
(30a)
Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi-
nance No. 5778 be passed on first reading.
ORDINANCE NO. 5778
AN ORDINANCE AMENDING ORDINANCE NO. 4725, OF THE CITY OF LUBBOCK, TEXAS (BEING THE
BUILDING CODE), BY AMENDING SECTION 303 THEREOF PROVIDING FOR A RE -INSPECTION CHARGE; PROVIDING
A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
69-28-375-994
The City Council considered median change on University Avenue at 64th Street and motion was made
(20)
by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen
Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to approve the median
j
change as set out on the map below:
(Map set in on opposite page.)
69-28-375-995 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and
(20a) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi-
nance No. 5779 be passed as an emergency measure.
AN APPROPRIATION ORDINANCE ORDINANCE NO. 5779
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: Street
Improvement Fund
The sum $1,200.00
For the following purpose: Removing wide median in University Avenue and construction of left
turn into 64th Street to the east. Construct 320' of 4' wide concrete
median in place of 16' wide median removed.
69-28-375-996 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and
(26) 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 Quit Claim Deed in favor of Cecil E. Jennings, Inc.,
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 23rd day of October, 1969.
376
'T 2 3 ing
69-28-376-997
(27)
69-28-376-998
(29a)
ATTEST:
LA,VENIA LOWE, City Secretary -Treasurer
QUIT CLLAIM DEED
W. D. ROGERS, JR., Mayor
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas,
for and in consideration of the sum of'ONE AND NO/100 DOLLARS($1.00) and other good and valuable
consideration to -it in hand paid by CECIL E. JENNINGS,INC., a Texas corporation, of Lubbock County,
Texas, the receipt of which is hereby acknowledged and confessed, does hereby ABANDON, DISCLAIM,
RELEASE AND FOREVER QUIT CLAIM unto the said CECIL E. JENNINGS, INC., of Lubbock County, all its
right, title and interest in and to that certain tract or parcel of land lying and being situated
in the County of -Lubbock and State of Texas, described as follows, to -wit:
BEGINNING at a point which is 39..40 feet North and 9.00 feet East of the Southwest corner of
Lot 87, Southgate Addition to the City of Lubbock, Texas;
THENCE North 45.60 feet;
THENCE East 1.00 feet;
THENCE South 45.60 feet;
THENCE West 1:00 feet to the POINT OF BEGINNING:
BEING part of a -ten (10) foot Utility Easement previously reserved by the City of Lubbock;
TO HAVE AND TO HOLD the said prAmises together with all and singular the rights, privileges
and appurtenances thereto in any manner belonging unto the said CECIL E. JENNINGS, INC., its
successors and assigns, nor any person or persons claiming under it shall, at any time hereafter,
have, claim, or demand any right to title to the aforesaid premises or appurtenances, or any part
thereof.
WITNESS MY HAND at Lubbock, Texas, this 23rd day of C
W. D. ROGERS,. JR..,`
ATTEST:
LAVEAA LOWE, City Secretary -Treasurer
Motion by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers
and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that
Ordinance No. 5780 be passed on first reading.
ORDINANCE NO. 5780
AN ORDINANCE ABANDONING AND -CLOSING A PORTION OF THE NORTH -SOUTH TWENTY (20) FOOT ALLEY IN
BLOCK'120, ORIGINAL TOWN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICU-
LARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL
MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THE PORTION OF SAID ALLEY
AS AFORESAID.
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 Ordi-
nance No. 5781 be passed on first reading.
AN APPROPRIATION ORDINANCE
ORDINANCE NO. 5781
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
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 $3,500.00
For the following purpose: Acquisition of right of way from Curtis Bray and J. T. Talkington,
Parcel No. 2 at 82nd Street and Avenue H, legal description as follows:
BEGINNING at a point that lies North Oo 05' 24 " West a distance of
45.00 feet and South 890 57' West a distance of 50.00 feet from the
Southeast corner of the Southwest one-fourth (1/4) of Section 5,
Block E, Lubbock County, Texas;
637 ,0
OCT 2 3 196
THENCE South 890 57' West a distance of 160.00 feet to a point;
THENCE North a distance of 13.24 feet to a -point;
THENCE North 870 31' 47" East a distance of '145.75 feet to a point of
curvature to the left, said curve having a delta angle of 870 37' 11",
a radius of 15.00 feet, tangent lengths of 14.39 feet and an arc
length of 22.94 feet;
THENCE -around this 15.00 foot curve to the left an arc length distance
of 22.94 feet to a point in the West right-of-way line of Highway 87,
said point also being South 00 05' 24" East a distance of 251.61 feet
from the Southeast corner of Lot 2, Installment No. 1 of Winniewood
Addition to the City of Lubbock, Lubbock County, Texas;
THENCE South 00 05' 24" East a distance of 34.39 feet to the POINT OF
BEGINNINGr
69-28-377-999 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and
(29) Councilmen Granberry, Hollingsworth, -Rigsby, and Turner voting Yea, none voting Nay, to authorize
acquisition of approximately 2,500 square feet at the northwest corner of 82nd Street and Avenue
H for 82nd Street right-of-way from Curtis Bray and J.- T. Talkington for.a consideration of $3,500.
69-28-377-1000 Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Rogers
(23) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay that the
following Resolution be passed.
RESOLUTION G.W.0..2993
A RESOLUTION 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 PREPARA-
TION OF PLANS AND SPECIFICATION.
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:
ALLEY FROM TO
E-W Between 59th & 60th St.
E-W Between 15th & 16th St.
II.
Elgin Ave.
Toledo Ave.
Gary Ave.
Utica Ave.
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) foot
wide reinforced concrete strip in the alleys, reinforced concrete railroad crossings, by instal-
ling storm sewers and drains where necessary, by installing a compacted caliche base, and by sur-
facing with five (5) course asphaltic surface treatment (Penetration type).
i
ITI.
The City Engineer is hereby directed to prepare plans and specifications for such improve-
ments.
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
i 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 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 enhanced 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.
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 (507.) percent 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. Property 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
it improvements. after deducting the sum to be paid by the railways under sub -paragraph 1 above,
178
XT 23 19F°
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 enhanced 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 pro-
perty 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 hereof, and against abutting property and the
owners thereof under sub -paragraph 2, 2-a, above, shall be paid by the City of Lubbock.
M
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
20 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
payable 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 B 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.
VII.
This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 23RD DAY OF OCTOBER, 1969.
i
W. D. ROGERS, JR., Mayor
ATTEST:
LAVENIA LOWE,•City Secretary -Treasurer
APPROVED:
/s/ Fred 0. Senter. Jr.
Fred O. Senter, Jr., City Attorney
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer