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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/5/1926November 5,1926. City Commission met in called session at 9:30 A.M. to consider contract to clean parks , agreement between the City of Lubbock and Mollie D. Abernathy with the following present: Mayor Pink L. Yarrish, Commissioners J.H. Hankins, A.V. Weaver, City littorney F..L. lett, Superintendent of Utilities S.H.Perkinson, City secretary, F.',d.Croce. Absent: Commissioners J.O.Jones and W.S. Posey. Motion made by r-r. Weaver, seconded by Mr. Hankins, carried unanimously that the Mayor sign the following contract: - CONTRACT TO CLEAN PARKS THE STATE: OF TEXAS ) CITY OF LUBBOCK AND LUBBOCK COU71TY ) MOLLIE D. ABEBNnTHY ET AL The hity of Lubbock, Texas, called first party, and Mrs. Mollie D. Abernathy and husband TA. C. Abernathy, Mrs. Bessie Vickers and .husband J.E. Vickers, Jno. W. Jarrott and R.M. Jarrott, herein called parties ofthe second part, agree: That the patties aforesaid will clean the 138 acre tract of land belonging to the City, which tract of land is located north of the town of Lubbock and adjoins the Abernathy tract, and that party of .the first Part will bear one half the cost of cleaning said land and that parties of the second part will pay the other one half. That said work shall be commenced within 60 days after the City acquires title to the adjoining 61 acres known as the Jackson tract, which it has agreed to pur- chase, and that said work will be hushed with due diligence. That the contract for doing said work shall be let to the lowest responsible bidder and that with the sinning of this contract the party of the first part will put up one half the estimated cost in cash in the Citizens National Bank of Lubbock, Texas, in a fund for that purpose, and the larties of the second part will put up an equal sum in said fund for said purpose, which fund shall be paid out by the party of the first part from week to week on estimates furnished by City manager and not to exceed 800 of the work as same progresses. The balance to be paid when the work is finished. The placing of said money in said fund is a condition precedent to the validity of this contract. if the aforesaid parties elect, they may, as an alternative method, have three disinterested parties survey said work before same is started a.nd to the best of their ability divide the same into two equal Parts, which shall be drawn for by the said parties, and the work drawn by party of the first part shall be done by party of the first' part at its own expense and the work drawn by X,a.rties of the second part shall be done at their cost and expense; neither party to be responsible for the work or expense of the other; such work to be commenced within 60 days after City acquires title to said Jackson tract by both parties and finished with due diligence and dispatch, not to exceed six (6) months from the date this contract becomes effect- ive. if either party fails to do his part of the work within the time and manner stated, the other party shall have the rixht to do such work at the expense of the party failing; and in the event, the claim for such work is not Laid and is placed in the hands of an attorney for collection, 100 shall be added thereto as attorney's fees. The City shall reserve not more than ten (10) acres for the purpose of an incin- erator plant, and shall dedicate the balance of said 138 acres lying South of a line` drawn from the City incinerator to the S.W. corner of the City's tract of land, and also aaid Jackson tract, as a city .ark. The City shall give a public highway across said land at least 80 feet wide wherever the said highway may be designated by the estate Highway 3naineer. This November 4, 1926. Iti Mollie D. Abernathy Id. u. Abernathy J.E. Vickers John N. Jarrott Elizabeth Vickers R.M. Ja.rro tt Second karties. CITY Or WUBBOCZ First arty BY: Pink L. rarri sh Iliay0r. Motion made by Mr. 4Jeaver, seconded by I.Zr. Hankins, carried unanimou;;ly that the City Commission be adjourned. READ 1-ND APPROVED this /I day of November, 1_.D. , 19 6. ATTEST: - 4C CITY SECRETLRY.