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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/14/1957REGULAR MEETING Lubbock, Texas February 14, 1957 The dty Commission of the City of Lubbock, Texas, met at 9 o'clock A.M. in regular session at the regular meeting place in the City Hall# the following members thereof being present to -wit: Mayor S. S. Forrest, Jr., Commissioners Lennis Baker, O.L. Byrd and Hamer Maxey, City Manager H.P. Clifton, City Attorney Vaughn E. Wilson and City Secretary -Treasurer lavenia Lowe. Absent: Commissioner David Casey Invocation was given by Commissioner Byrd. Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, the minutes of regular meeting of the City Commission held January 24, 1957, and recessed regular meeting held January 29, 1957 were approved. 57-16-145-372 The Pastor of the Trinity Baptist located at 34th Street and Boston Avenue appeared before the City Commission in connection with ppssage of Ordinance No. 2126, on second and final readhg. No action was taken by the City Commission in regard to passage of this Ordinance on second and final reading. 57-16-145-373 ,157-16-145-374 Motion by Commissioner Baker, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Baker, Byrd, and Maxey voting Yea, none voting Nay, Ordinance No. 2127 was passed on second and final reading. ORDINANCE NO. 2127. AN ORDINANCE GRANTING TO THE PANHANDLE AND SANTA FE RAILWAY COMPANY, ITS ASSIGNEES, SUC- CESSORS, AND LESSEES, THE RIGHT, POWER, AND PRIVILEGE OF LOCATING, BUILDING, ERECTING CON- STRUCTING, AND PROPERLY MAINTAINING ONE OR MORE RAILROAD INDUSTRY TRACKS, AND TO OPERATE ENGINES, CARS AND TRAINS THEREON, UPON, OVER, AND ACROSS NORTH AVENUE K, IN LUBBOCK, TEXAS. Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Fbrrest and Commissioners Baker, Byrd, and Maxey voting Yea, none voting Nay, to authorize appointment of E. J. Urbanovsky and J. Harris as members of the Board of Adjustment Zoning. Said ryembers to be appointed for a term of two years from February 27, 1957, to February 27, 19-'V. 57-16-145-375 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest ad Commissioners Baker, Byrd, and Maxey voting Yak, none voting Nay, to authorize appointment of Dr. Roy Riddle and B. Watkins as members ofthe City -County Health Board forthe term of three years from February 21, 1957, to February 21, 1960. 57-16-145-376 Motion by Commissioner Baker, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Baler, Byrd, and'Maxey voting Yea, none voting Nay, to confirm the advertisement of the Notice to Bidders on the 50th Street Outfall Sewer line from the lift station located at 50th Street and AVenue B to the Sewage Treatment Plant. Said bids to- be recieved February 28, 1957, at 10 o'clock A.M. 57-16-145-377 57-16-145-378 .1 '.45-379 Motion by Commissioner Baker, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, to confirm the advertisement of Notice to Bidders on a residence in League 206, Bailey County. The advertisement authorizing this residence for sale. Bids to be received at 10 o'clock A.M., February 28, 1957. Motion by Commissioner Bake r, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, to authorize the paving widths on 37th Street between Flint and Gary Avenues to be 36' 1 Motion by Commissioner Baker, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Baler, Byrd, and Maxey voting Yea, none voting Nay, Ordinance No. 2133 was passed on first reading. ORDINANCE NO. 2133 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AVENUE P BETWEEN 8TH STREET AND THE ALLEY NORTH OF 8TH STREET MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE, AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK INDICATING THE CLOSING AND ABANDONMENT OF A PORTION OF AVENUE P AS AFORESAID. '-16-146-380 Motion by Commissioner Maxey, seconded by Commissioner Baker, motion carried, Mayor Forrest and Commissioners Baker, Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2134 was passed on first reading: ` ORDINANCE NO. 2134 ! AN ORDINANCE ESTABLISHING BUILDING LINES ON THE NORTH AND SOUTH SIDE OF 50TH STREET FROM THE EAST CITY LIMIT LINE TO THE WEST CITY LIMIT LINE, AS MQE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; PROVIDING THAT NO BUILDING OR OTHER STRUCTURE SHALL HEREAFTER BE ERECTED, RE -ERECTED OR SUBSTANTIALLY REPAIRED BETWEEN SUCH BUILDING LINES; REQUIRING EXISTING STRUCTURES ON OR BETWEEN THE BUILDING LINES HEREIN ESTABLISHED TO CONFORM TO SUCH BUILDING LINES WITHIN FIVE (5) YEARS; DEFINING "BUILDING LINE" AND PROVIDING THAT SETBACK REQUIREMENTS UNDER THE CITY'S ZONING ORDINANCE AND AMENDMENTS THERETO BE DETERMINED FROM THE BUILDING LINES HEREIN ESTABLISHED, PROVIDING EXCEPTIONS FOR UTILITY EXTENSIONS AND PUBLIC IMPROVEMENTS; PROVIDING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES ESTABLISHING BUILDING LINES WHICH CONFLICT WITH THE BUILDING LINES ESTABLISHED HEREIN. i7-16-146-381 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Com- missioners Baker, Byrd and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY O7 LUBBOCK: The City Manager of Lubbock is hereby authorized to sign notices demanding possession of any real property belonging to the City of Iubbock whenever such notices are required by law under the forceable entry and forceable detainer statutes of Texas. The signing of such notices by the City Manager for the City of Lubbock whether signed before or after the passage of this Resolution is hereby authorized, ratified, and confirmed as the act and deed of the City of Lubbock. Passed by the unanimous vote of the City Commission this 14th day of February ,1957. ATTEST: /s/ S. S. 1;ORREST, JR. , /s/ LAVENIA LOWE. Mayes' Lavenia Lowe, City .Secretary -Treasurer -16-146-382 Motion by Commissioner Baker, seconded by Commissioner Byrd,, motion carried, Mayor Forrest and Com- missioners Baker, Byrd, and Maxey voting Yea, none voting Nay, to approve the following Gas Sales Agreement between the Pioneer Natural Gas Company and the City of Lubbock for purchase by the City ,of gas for the period beginning the 23rd day of January, 1957 and ending the 31st day of October 1959. The Mayor being hereby authorized to enter into contract. GAS SALES AGREEMENT THIS AGREEMENT, made and entered into this 8th day of February ,A.D.1957 , by and between PIONEER NATURAL GAS COMPANY, a Texas Corporation, hereinafter referred to as "Seller" and CITY OF LUBBOCK, a munic$pality, hereinafter referred to as "Buyer": WITNESSETH: I. QUANITITY 1. Buyer agrees to purchase and Seller agrees to sell such volumes of natural gas as may be .requested from time to time by Buyer up to a maximum of 9,500?000 cubic feet daily. 2. Buyer agrees to purchase and pay for, or nevertheless pay for, an annual minimum volume of 1,000,000,000 cubic feet during any yearly peiod except as hereinafter provided. 3. Gas delivered under this contract is subject to curtailment or interruption when in the sole judgment of the Seller such curtailment or interruption, regardless of cause, is necessary to main- tain service to consumers served on the Seller's General Service. Schedule, Begular Industrial Service Schedule or any other service scheiule. The Seller shall be the sole and exlusive judge as to the necessity or desirability of cutting off or reducing the supply of gas hereunder from time to time and the exercise of this right shall not be the basis for any claim for damages sustained by either party. 4. In theevent an interruption in or curtailment of deliveries shall become necessary or advisable, Seller shall at once notify Buyer by telephone, telegraph or other means, of the nature, extent and probablelduration of such interruption or curtailment. Buyer shall resume the taking of gas within a,reasonable length of time following notification by Seller that gas is again available' 5. In the event the delivery of gas is interrupted or curtailed at the request of the Seller, then, in such event, the minimum volume of gas herein contracted shall be reduced for that yearly period by 1/365th of such minimum volume for each day or portion of a day that the delivery of gas hereunder wa& interrupted or curtailed. DELIVERY POINT j 1. The delivery of gas hereunder shall be made at Buyer't municipal power plants located in the City of Lubbock, Texas and other various locations in the City of Lubbock, Texas. 2. Sufficient space for a meter, or meters and regulators, is to be furnished free by Buyer at a location to be muttially agreed upon. III. DELIVERY PRESSURE 1. Deliveries shall be made at the pressure requested by Buyer , but not to exceed Seventy-five (75) pounds per square inch guage. IV METERING 1. Seller, at its sole cost, risk and expense shall install, maintain and operate at the point or points of delivery hereunder a standard type orifice or positive meter or meters for measuring the volume of all gas purchased by Buyer hereunder and Seller shall cause said meters to be read at mutually agreeable intervals. Orifice meters and other facilities so installed at the point of delivery shall be constructed and installed in accordance with the specifications prescribed by report No. 2 of the Gas Measurement Committee of the American Gas Association dated May 6:'-1935 and supplements thereto, or other generally accepted specifications. 2. Said meters and all meter readings and meter charts shall be accessible at all reasonable times to inspection and examination by Buyer but the calibration and adjust- ment of Seller's meter or meters shall be done by Seller. Seller may destroy meter charts and other records after two years. 3. Buyer may install,maintain and operate such check measuring equipment as it desires, provided that such check meter and equipment shall be so installed as not to interfere with the operation of Seller's meters. 4. Each such orifice meter shall be calibrated at least once each thirty (30) days and each such positive meter of 5,000 cubic feet capacity or more shall be calibrated at least once each year, by and at the expense of Seller in the presence of Buyer's representative if Buyer so desires. Seller shall give Buyer or Buyer's designated representative notice of each such calibration test in sufficient time to enaHe Buyer to have its representative present. If upon any such test, the measuring equipment is found to be not more den three per cent (3 %) erroneous in the aggregate, previous readings of such equipment shall be considered correct in computing the deliveries of gas hereunder, but such equipment shall be adjusted at once to read accurately. If upon any test the measuring equipment shall be found to be inaccurate in the aggregate by an amount exceeding three per cent (3 %) at a reading corresponding to the average rate of flow for the period since the last preceding test, then any previous reading of such equipment shall be corrected to zero error for any period which is known definitely or agreed upon, but in case the period is not known definitely or agreed upon, then, for a period extending back one-half (k) of the time elapsed since the date of the last test, but not to exceed thirty (30) days. If for any reason, any meter is out of service or out of repair so that the volume of gas purchased can not be ascertained or computed from the reading thereof, the volume of gas purchased during the period such meter is out of service or out of repair shall be estimated or agreed upon by the parties hereto on the basis of the best data available using the first of the following methods which is feasible: (a) By using the registration of Buyer's check meter if installed and accurately registering. (b) By correcting the error in Seller's meter if the percentage of error is ascertainable by calibration test or mathematical calculation. (c) By estimating the volume of delivery by using as a basis the volumes delivered during preceding periods under similar conditions when the meter was registering accurately. V. UNITS OF VOLUME 1. The unit of volume for gas delivered hereunder, except as otherwise specifically provided herein, shall be one thousand (1,000) cubic feet at a base temperature of sixty (60) degrees Fahrenheit, and at an absolute pressure of thirteen and six -tenths 13.6 ) pounds per square inch, and the readings and registrations of the metering equipment herein provided for shall be converted into such units. VI. MEASUREMENT 1. All measurement of gas hereunder shall be in accordance with the recommendations for measuring gas contained in Report N6.2 of the Gas Measurement Committee of the American Gas Association dated May 6, 1935 including the supplements thereto, or other generally accepted tables relating to gas measurement applied in a practical and appropriate manner. Correction shall be made by deviation form Ideal Gas laws. 2. An assumed atmospheric pressure of thirteen and one -tenth 13.1 pounds per square inch at the delivery point or points described shall be utilized for measurement purposes, irrespective of any variation of the aatural barometric pressures from such assumed pressures. 3. The temperature of the natural gas flowing through the meter or meters shall be assumed to be sixty (60) degrees fahrenheit, provided, however, that Seller may, at its sole cost, risk and expense, install, maintain and operate a recording thermometer of standard manufacture, so that it may properly record tho'temperature;of gas flowing through Seller's meter or meters. In such event, the arithmetical average of the twenty-four (24) hour record, or that portion of the twenty-four (24) hours during which gas was passing, shall be assumed to be the temperature of the gas for that period and shall be used in making proper computations of measurement. 4. For measurement by orifice meter the specific gravity shall be determined at least once each month by the use of an Edwards type gas balance or other standard type instru- ment tuitable. The gravity so determined shall be used in the computations of measurement. In the event Seller has installed, or shall in the future install, a recording gravitometer at a point on its system which properly records the specific gravity of the total stream, a portion of which is sold hereunder, said gravitometer may be used to ascertain the specific gravity for which correction is to be made. VII. PRICE 1. The price to be paid for gas delivered hereunder and measured as herein provided for shall be as follows: Sixteen and one-half (16.5) cents per MCF 2. The price provisions above are based on the delivery of natural gas having an average heating value of 985 British Thermal Units per cubic foet when measured at a temperature of sixty (60) degrees Fahrenheit when saturated with water vapor ancYunder a total pressure equivalent to that of thirty (30) inches of mercury. Should the average total heating value of the gas delivered in any billing period be more than 1,000 British Thermal Units per cubic foot, or less than 970 British Thermal Units per cubic foot, the total charge for such month shall be increased or de- creased repectively in the percentage by which the average total heating value of such gas is greater than 1,000 British Thermal Units per cubic foot, or less than 970 British Thermal Units per cubic foot. 3. In addition to the price to be paid for gas delivered hereunder Buyer agrees to pay Seller an amount equal to all of any increased, additional or new production, severance, gathering, pro- cessing, transmission, sales or delivery taxes in excess of or in addition to those in existence on January 23,1957, which are levied upon or attributable to all or any port -in of such gas, the value thereof or the processing or handling thereof before the delivery of such gas to Buyer or in connection with such delivery. All taxes levied on such gas after delivery shall be paid by Buyer. 4. Applicable rulings or orders of governmental representatives in charge of the administration of any law or ordinance increasing or creat#g any such tax shall be binding and conclusive upon Buyer until such time as the invalidity thereof has been finally established by the decision of a court of competent j6risdiction. 5. Buyer shall be entitled to reimbursement from Seller to the extent of any payments made by it to Seller pursuant to this Article VII which may be subsequently refunded by the taxing authority. 6. Buyer shall not be obligated to reimburse Seller for any ad valorem taxes on properties or for taxes which are based upon or measured by the natural gasoline or other liquified hydrocarbon content extracted from the gas before delivery to Buyer. 7. In the event a minimum wellhead or field price is fixed by law or by a governmental regula- tory authority relating to the gas or any portion thereof delivered under this contract, the prices provided herein shall be subject to upward adjustment by Seller; provided however that before any increase shallbecome effective pursuant to this paragraph, Seller shall give Buyer thirty (30) days prior written notice, and in the event Buyer does not desire to accept such increase, it may cancel this agreement by giving Seller written notice at least five (5) days prior to the effective date of such increase. 8. In the event any governmental authority shall effectively establish a price at the point of delivery provided herein, or a point related to a point of delivery different from the price applicable pursuant to this contract, then the price as provided herein shall be adjusted as required in view of such estiiished price. VIII Heating Value 1. The Seller may, or upon request by Buyer at Buyer's expense shall, install a recording calorimeter of standard manufacture to determine the average total heating value of the gas de- livered. The average total heating value cf the gas per cubic foot shall be determined for any billing period by taking the arithmetic•average of the heating value as recorded, and such average total heating value shall be used in adjusting the price provisions hereunder. In the event Seller has, or shall in the future install, a recording calorimeter at a point on its system which properly records the heating value of the total stream, a portion of which is sold hereunder,said calori- meter may be used to ascertain the heating value for which correction is to be made. 2. If no calorimeter is installed, the heating value of the gas delivered shall be assumed to meet the requirements of the first sentence of Paragraph 2, Article VII. IX. BILLING AND PAYMENT 1. On or before the loth day of each calendar month, Seller shalYrender a statement to Buyer giving the total voluneof gas purchased hereunder during the preceding thirty (30) day billing period, such statements to be rendered in accordance wish this contract, and shall include any amounts due for tax reimbursement under the provisions of Artide VII hereof, provided, however, that if the amount of reimbursement to Seller can not be determined currently, Seller may bill Buyer and Buyer shall make payment therefor within a reasonable period after such amount becomes determinable. 2. Payment shall be made by Buyer to Seller on or befire the 20th day of each calendar month„ 3. All statements, bills and payments shall be subject to correction of any errors contained therein until the expiration of one year. 4. Any amounts due for gas hereunder remaining unpaid after the date provided for above shall bear interest at the rate of five per cent (5%) per annun until paid. X. TITLE 1. Seller shall be in control and possession of the natural gas delivered hereunder and res- ponsible for any damage or injuries caused thereby until the same diall have been delivered to Buyer at the point of delivery after which delivery the Buyer shall be deemed to be in exclusive control and possession thereof and responsible for any such damages or injuries. 2. Seller expressly warrantsits title to and rights to sell the gas to be delivered hereunder and Seller will hold Buyer harmless against adverse claims thereon. XI. FORCE MAJEURE 1. Thecbligations of either party hereto shall be suspended during such time as such party is prevented from complying therewith in whole or in part by acts of God, strikes, war, lockouts, orders or decrees of any lawfully constituted state, federal or local body, or other causes or conditions reasonably beyond its control, whether like or unlike those herein enumerated, or on account of the making of necessary repairs to or replacement of facilities used in the delivery of gas by Seller, or the receipt of has by Buyer, or because of any other cause except financial, beyond the reasonable control of such party. 4 iI XII. NOTICES 1. Notices to be given hereunder, unless otherwise designated in mliting, shall be deemed sufficiently given and served when deposited in the United States mail, postage prepaid and registered to the following addresses: To Seller : Pioneer Natural Gas Company P.O. Box 511 Amarillo, Texas To Buyer: City of Lubbock Lubbock, Texas 2. Routine communications including monthly statements and payments shall be considered duly delivered when mailed, postage prepaid, by either first class mail or registered mail to the above addresses, or to such other address as may be mutually agreed upon. XIII. SUCCESSORS AND ASSIGNS 1. This agreement shall bind and benefit the parties thereto and their respective successor and assigns.' XIV. MAINTENANCE OF FACILITIES 1. Each party hereto shall maintain the equipment, including meters and facilities owned by it and used in the performance of this contract in good, safe efficient operating condition and repair. XV. GOVERNMENTAL REGULATIONS 1. This agreement is made subject to all present and future valid laws of the State of Texas and the United States, and regulations or orders of duly constituted governmental authorities having jurisdiction which are applicable to the subject matter hereof and effective from time to time, and to the provisions of the applicable franchise, if any, under which Seller operates. XV I. DURATION OF AGREEMENT 1. This agreement shall be effective as of the 23rd day of January, 1957, and shil continue in effect until the 31st day of October, 1959. 2. Wherever the term yearly period is referred to he it shall be deemed to apply to the period from January 23rd of any year to but not including January,24th of the following ye= 9. ft is maeftcriiy agreed ehat! e+,-!.-. party may eanee; thke eaftsiwfie& by Similes the at -her, XVII. MISCELLANEOUS PROVISIONS 1. It is agreed and understood that the supply and delivery of gas from Seller's lines as contemplated by this contract is not within the objects or purposes of Seller in constructing, operating and maintaining said lines but is merely incidental to the construction, operation and maintenance of such lines to furnish domestf~ and commercial service in cities and towns connected to its system. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first above written. ATTEST JsJ M. T. HILL Asst. Secretary ATTEST f s / LAV EN IA LOWE Cit y C1 erk PIONEER NATURAL GAS COMPANY BY /s/ C. T. WALL its president CITY OF LUBBOCK BY /s/ S. S. FORREST, JR., Its Mayor APPROVED: 2-14-57 /s/ VAUGHN E. WILSON City Attorney 0- 57-16-149-383 The City Commission discussed removal of traffic signal light at 19th Street and Avenue P. A-. Bob Sessums of the Veterans Administration appeared before the City Commission requesting that the signal light not be removed and that it be adjusted to give additional time for pedestrian: to cross 19th Street at this location. The C# Commission unanimously agreed to install a school caution light at this location in an effort to see if this would serve the Veterans Administration better than the traffic light. 57-16-149-384 Claim having been filed with the City by William E. Speck for damage to his automobile in an estimated amount of $351.45, caused by striking the 6 inch pipe sticking 3 inches above the ground on Fast Broadway, said pipe being located to the side of the pavement and Mr. Speck's car having struck the pipe when he was turning around. Motion by Commissioner Maxey, seconded by Commissioner Baker, motion carried, Mayor Forrest and Commissioners Baker, Byrd, and Maxey voting Yea, none voting Nay, to REJECT this claim. t-16-150-385 Motion by Commissioner Bakes seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, to approve the following recommen- dation of the Ctty's Retirement Advisory Board. The City employees whose names are listed for retirement to be retired effective July 31, 1957. EMPLOYEE AGE RECOMMENDATIONS BARTON, Green Pinkney 68 Be Retired July 31, 1957 CLINE, Everett 65 Re-evaluate January 1958 COGDILL, Bennett L. 71 Be Retired July 31, 1957 DAWSON, Bert Lloyd 66 Re-evaluate January 1958 DENNY, Ernest 70 Be Retired July 31, 1957 GRIMES, Roy L. 68 Re-evaluate January,1958 HALL, James Martin 68 Re-evaluate January,1958 HARDY, Louis Wade 65 Re-evaluate January,1958 JONES, Homer 66 Be Retired July 31, 1957 WMILLIN, Sam Briggs 71 Be Retired July 31, 1957 MANRIQUEZ, Ynes 68 Be Retired July 31, 1957 RAWLINGS, Seba Clarence 67 Re-evaluate January,1958 SALAZAR, Minos Refujio (Rufus) 69 Be Retired July 31, 1957 SPENCE, William Judson 68 Be Retired July 31, 1957 WRIGHT, Charlie V. 69 Be Retired July 31, 1957 The above recommendations are based upon studies of medical examinations, recenf7soick leave by the individual, nature of duties performed, coverage under Social Security and Texas Municipal Retirement System, attained ages and any other factors and information as were available and con- sidered pertinent to this evalution '-16-150-386 Nbtion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Com- missioners Baker, Byrd and Maxey votirg Yea, none voting Nay, Ordinance No. 2135 was passed as an emergency measure. ORDINANCE NO. 2135 AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 2075 OF THE CITY OF LUBBOCK SO AS TO DESIGNATE AVENUE K A ONE-WAY STREET GOING NORTH FROM ITS INTERSECTION WITH AVENUE L TO SIXTH STREET, DE- CLARING AN EMERGENCY; AND PROV IDING FOR PUBLICATION. -16-150-387 Motion by Commissioner Maxey, seconded by Commissioner Baker, motion carried, Mayor Forrest and Com missioners Baker, Byrd and Maxey voting Yea, none voting Nay,'to REJECT the c bim of the State Farm Insurance Company in the amount of $301.45 for repairs of damage to the William E. Speck automobile Said Company having paid for repairs to It. Speck's automobile caused by striking a pipe located to the side of the pavement on East Broadway. '-16-150-388 The City Commission again considered the change of zone under zone case No. 613 from "R-3" to "C-3" zoning district approximately located in the vicinity of Avenue Q and 35th Street request having been made by J. W. Chapman and son for Granville Johnston, owner. Mr. Granville Johnson, Ray Chapman and W. Marion Key attorney for Granville Johnson appeared before the City Commission requesting the zone under zone case No. 613 be changed from the "R-3 " to'the "C-3 zoning district. No action was taken by the City Commission in this regard. It was suggested to W. Granville Johnson that he submit to the City Commission a plan of the proposed improvements for this property. -16-150-389 Mr. Joe B. Cassel, Certified Public Accountant„ appeared before the City Commission and presented his report on examination of accounts of the City of Lubbock, Texas as of September 30, 1956. Mr. Cassel having been employed by the City of Lubbock to do the annual audit as required by City Charter After examination of the Audit the motion was made by Commissioner Baker, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, to authorize acceptance of the Audit Report and payment to W. Cassel in the following amounts: Seven Thousand Eight Hundred and Fifty Dollars ($7,850.00) for the Audit and an additional Three Thousand, Five Hundred ($3,500.00) Dollars for re-rdesigning, the BooReeping Department on a fund basis of accounting. -16-150-390 Mr. Shirley M. Miller who operates a grocery store on 19th Street and Avenue S appeared before tb City Commission requesting tht parking not be removed from Avenue S at this location, his grocery store being on 'the East side of Avenue S atl9th Street, It was unanimously agreed by the City Commission to not require "No Parking" on Avenue S abutting Mr. Miller's grocery store, however, to prohibit parking of trucks. ft. Miller and his attorney, W. Warlick Carr agreeing to close the door on the hest side of this building and require loading and unloading at the rear of the grocery store. -16-150-391 Notion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Com- missioners Baker, Byrd and Maxey voting Yea, none voting Nay, to authorize acceptance by the City o $400.00 as full and complete payment for paving lien covering the East 50' feet of Lot 6, Black 4 Palace Heights Addition, M.L. Hart, owner. This property being located at Avenue U between 37th and 38th Streets paving lien having been created by Ordinance No. 1908, and G.W.O. No. 1234B paving accepted by the City on October 11, 1956. This being Sub -Unit No. 10 of Unit No. 1852. This paving lien having been purchased by the City of Lubbock on May 25th, 1956. '-16-150-392 Notion by Commissioner Baker, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, the following iResolution was passed: RESOLUTION WHEREAS, the United States of America (acting through the administrator of Civil Aeronautics) has made a grant offer described as Lubbock Municipal Airport Project No. 9-41-071-0707, which relates to the extension of N/S runway approximately 2000' x 150' wide with parallel taxiway and prepare site for relocated glide path, at the Lubbock Municipal Airport; THEREFORE BE IT RESOLVED BY THE CICY COMMISSION OF THE CITY OF LUBBOCK: THAT in consideration of the offer above referred to, a cop; of which grat agreement, is heret attached and made part hereof for all purposes, THAT the governing body of the City of Lubbock does hereby accept the grant offer and agrees that the grant agreement hereto attached constitute the agreement between the United States of America and the City of Lubbock, and the Mayor is hereby authorized to execute the grant agreement referred to. On Motion of Commissioner Baker ,seconded by Commissioner Maxey ,this Resolution was duly passed this 14th day of February, 1957, by the following vote: Commissioners voting AYE: Baker, Byrd, Maxey and Mayor Forrest Commissioners voting NAY: None ATTEST: s / LAV EN IA LOWE City Secretary -Treasurer f SJ S. S. FORREST, JR., Mayor GRANT AGREEMENT Part 1 - Offer Late of Offer Lubbock Municipal Airport Project No. 9-41-071-0707 TO: The City of Lubbock, Texas (herein referred to as the "Sponsor") FROM: . The United States of America (acting througl*he Administrator of Civil Aeronautics, herein referred to as the "Administrator") WHEREAS, the Sponsor has submitted to the Administrator a Project Application dated December 14, 1956 for a grant of Federal Funds fcr a project for development of the Lubbock Municipal Airport (herein called the "Airport"), together with plans and specifications for such pro- ject, which Project Application, as approved by the Administrator, is hereby incorporated herein and made a part hereof; and WHEREAS, the Administrator has approved a project for development of the Airport (herein called the "Project") consisting of the following described airport development: Ektend NIS runway approximately 2000' x 150' aide with parallel taxiway and prepare site for relocated glide path. (The Airport development to be accomplished, herein described, is in addition to that contemplated or accomplished under the Grant agreements between the Sponsor and the United States for Projects No. 9-41-071-801, 9-41-071-002, 9-41-071-003, 9-41-071-204 9-41-071-205, 9-41-071-506 and 9-41-071-0608.) all as more particularly described in the property map and plans and specifications incorporaUR4 in the said Project Application; NOW THEREFORE, pursuant to and for the purposes of carrying out the provisions of the Federal Airport Act (60 Stat. 170; Pub. Law 377, 79th Congress), and in consideration of (a,) the Spon- sor's adoption and ratification of the representations and assurances contained in said Project Application, and its acceptance of this Offer, as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport, as herein provided, THE ADMINISTRATOR, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share of costs incurmd in accomplishing the project, 50 percentum of all allowable project costs, subject'to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be $147,150.00. 2. The sponsor shall (a) begin accomplishment of the Project within a reasonable time after acceptance of this Offer, and (b) carry out and complete the Project in accordance with the terms of this Offer, and the Federal Airport Act and the Regulations promubated thereunder by the Adminis- trator in effect on the date of this Offer, which Act and Regulations are incorpo- rated herein and made a part hereof, and (c) (c) carry out and complete the Project in accordance with the plans and specifications and property map incorporated herein as they may be revised or modified with the approval of the Administrator or his duly authorized representatives. 3. The Sponsor shall operate and maintain the Airport as provided in the Project Appli- cation incorporated herein. 4. The maximum amounts of building space which the Sponsor shall be obligated to furnish civil agencies of the United States for the pgrposes and on the terms and conditions stated in paragraph 9 of Part III of the Project Application shall be as set forth in the attached schedule of maximum space requirements which is incorporated herein and made a part hereof. 5. Any misrepresentation or omission of a material fact by the Sponsor concerning the Pro- ject or the Sponsor's authority or ability to carry out the obligations assumed by the sponsor in accqpting this Offer shall terminate the obligation of the United States, and it is understood and agreed by the Sponsor in accepting this Offer that if a material fact has been misrepresented or omitted by the Sponsor, the Administrator on behalf of the United States may recover all grant payments made. 6. The Administrator reserves the right to amend or withdraw this'Offer/at any time prior to its acceptance by the Sponsor. 7. This Offer shall expire and tle United States shall not be obligated to pay any of the allowable costs of the Project unless this Offer has been accepted by the Sponsor within 60 days from the above date of Offer or such longer time as may be prescribed by the Administrator in writing. 8. (a) It is hereby understood and agreed by the partie s hereto that the Unit ed States will not make or be obligated to make final payment under this project until the sponsor has furnished evidence satisfactory to the Administrator that the airport approach areas to cover tle extended NIS runway under this project, as defined in Techinal Standard Order N-18 and Office of Airports Drawing No. 814, both dated April 26, 1950, having been rotected by the adoption of gn ame dm Ai�t toftlubbockrport zoning ordinance of Ue joint airport zoning boar o* tRe y Texas, adopted on May 1, 1950. (b) The united States will not make nor be obligated to make final payment under this Gant Agreement until the sponsor has accomplishedin a manner satisfactory to the Administrator, the relocation of the treshold lights presently located in the South end of the NIS runway to a location 900' northward on such runway. The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as herein- after provided, and said Offer aid acceptance shall comprise a Gant Agreement, as provided by the Federal Airport Act, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed under the project buy in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA THE ADMINISTRATOR OF CIVIL AERONAUTICS BY Regional Administrator Region II Part II - Acceptance The City of Lubbock, Texas does hereby ratify and adopt all statements, representatives, warranties, covenants, and agreements contained in the Project, Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this 14 day of February ,1957 . (SELL) ATTEST: /s/ LAVENIA LOWE Title City Secretary -Treasurer CERTIFICATE OF SPONSOR'S ATTORNEY CITY OF LUBBOCK, TEXAS (Name of Sponsor) BY /s/ S. S. FORREST, JR., Title Mayor I, Vaughn E. Wilson , acting as Attorney for City of Lubbock, Texas do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said City of Lubbock relating thereto, and find that the Acceptance thereof by said City of Lubbock has been duly authorized and that the execution thereof is in all respects due and proper and in accord- ance with the laws of the State of Texas, and further that, in my opinion, said Gant Agreement constitutes a legal and binding obligation of the City of Lubbock, Texas in accordance Ath the terms thereof. Dated at Lubbock, Texas this 14th day of February ,1957 /s/ VAUGHN E. WILSON City Attorney On January 29, 1957 of record at page 143-144 Mindn Book 16 bids were received on construction of paving runways at Lubbock Municipal Airport. Resolution was passed by the City Commission recom- mending to the Administrator of Civil Aeronautics the acceptance of the J. R. Fanning bid in the amount of Two Hundred Sixty Eight Thousand, One Hundred Forty Five Dollars and thirty cents ($268,145.30) it being lowest and best bid submitted for.this Airport Runway paving. Said infor- mation was furnished the United States of America acting through the Administrator of Civil Aeronautics and it is found that said bid is satisfactory to the Government. Whereupon, Motion was made by Commissioner Baker, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Com- missioners Baker, Byrd and Maxey voting Yea, none voting Nay, to authorize award of the contract for paving of said runways as mentioned above to JR Fanning on his bid in the amount of Two Hundred Sixty Eight Thousand, One Hundred Forty Five Do]Lars and thirty cents ($268,145.30) received by the City Commission on January 29, 1957, the Mayor being hereby authorized to enter into contract. 7-16-152-393 Motion by Commissioner Baker, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Com- missioners Baker, Byrd and Maxey voting Yea, none voting Nay, the following Resolution was passed: RESOLUTION WHEREAS, the City Commission has heretofore determined thatthe City would contribute the custo- mary city portion of from ten (10) to forty (40) per cent of the cost of street paving improvements, as determined by side and front property, to be constructer in accordance with the standard City of Lubbock street plans and specificationsAs approved by the City Fhgineer, and the owner of property abutting 48th Street from 18 feet East of EPL Salem Avenue to 655 feet East of EPL Salem Avenue, 49th Street from 18 feet East of EPL Salem Avenue to 655 feet East of EPL Salem Avenue, have requested permission to have pavement improvements constructed on the aforementioned 48th and 49th Streets, and thqfpaving of said 48th Street and 49th Street is needed to provide access to the area. during Its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS, the owner of thelproperty abutting on the herein described streets will contract separately with a competent contractor for the above street improvements, and said improvements will. be constructed in accordance with the above mert ioned plans and specifications under the super- vision of the City Engineer, and the said owner desires that the City contribute its customary share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $8,932.16, the total cost not over $9,378.76, and the City's share in connection therewith would not exceed $536.56 leaving the property owner's portion not to exceed $8,842.20, such costs being well within the current prices for paving obtained by competitive bidding, and that such payment to be made by the City is reasonable, fair, and just to the abutting property owner, the City.and all other persons affected thereby, and that the sum of $536.56 which has been duly budgeted in the 1956-57 budgi THEREFORE, BE IT RESODED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and sp, fications forpaving on the streets herein described, provided that such plans and specificatio meet the usual requirements fcr paving on streets within the corporate limits of the City of ILubbock; said streets being as follows, to -wit: Unit No. 1875 48th Street from its intersection with a line 18 feet East of the Fast Property Line of Salem Avenue to its intersection with a line 655 feet East of the East Property Line of Salem Avenue. Unit No. 1876 49th Street from its intersection with a line 18 feet East of the East Property L ne of Salem Avenue to its intersection frith a line 655 feet Fast of the Fast Property Line of Salem Avenue. The City Engineer is further authorized and directed to duly inspect said paving constructim on said 48th and 49th Streets and to require strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Fhgineer and acceptance of such improvements by the City Commission, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of tie cost of tte abovemention- ed improvements a sum notta exceed $89.96 which is the City.share $536.65 less $446.60 engi- neering, leaving the amount due the contractor from the property owners not to exceed $8,842.23,, Section 2. This authority is conditioned that the owner of abutting property and the con- tractor will pay for all material and labor and costs incidental to such construction will indemnify the City of Lubbock against any costs, claims, or damages of every nature pertaining thereto, andl�hat the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, that the said owner of abutting property will cats a such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final approval of the City Engineer, all improvements designated herein shall be a permanent part of saH 48th and 49th Streets, and the property of the City of Lubbock, without any liability whatsoever, except for the payment of I sum $89.96 to the Contractor. On motion of Commissioner Baker, seconded by Commissioner Byrd, the foregoing resolution was unanimously passed by the City Commission this 14th day of February, 1957. Is/ S. S. FORREST, JR., ATTEST: Mayor Ls/ LAVENIA LOWE City Secretary -Treasurer it W. R. Slaton, owner of abutting property on the abovementioned streets, and West Texas Construction Incorporated, Contractor, do hereby accept and agree to fully abide by the fore- going provisions for the considerations therein stated. ATTEST: APPROVED: /s/ JOHN T. HICKERSON John H. Hickerson, City Engineer APPROVED: Ls/ VAUGHN E. WILSON Vaughn E. Wileon City Attorney W. R. SLATON, Property Owner WEST TEXAS CONSTRUCTION, INCORPORATED BY ,W. D. TURNER, President 57-16-153-394 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and 1� Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION G.W.O. 730 RESOLUTION APPROVING AND ADOPTING ESTIMATE OF THE COST OF IMPROVEMENTS, OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF GRADING AN)LAYING CURB AND GUTTER ON EAST BROADW" , IN THE CITY OF LUBBOCK, TEXAS, SAID IMPROVEMENTS BEING DESIGNATED AS GWO 730, FIXING THE ME AND PLACE FOR A HEARING TO THE OWNERS OF ABUTTING PROPERTY, AND OTHER PERSONS INTERESTED IN SAID PROPERTY AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE ON BEHALF OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered tha t(portions of Fast Broadway be improved by grading and installing concrete curb and 13utter together with incidentals and appurtenances and arrangements therefore have been made and entered into by the City of Lubbock, Texas with the State of Texas, and, WHEREAS, the Governing Body of the City of Lubbock has caused the City Engineer to prepare and file estimatescf the cost of such improvements and estimates of the amounts per front foot to be assessed against abutting propety and the owners thereof, and such estimates have been prepared and examined: THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS I. Such estimates be and they are hereby adopted and approved. II. NOTICE TO THE OWNERS OF PROPERTY ABUTTING UPON THE HEREINBELOW MENTIONED PORTION OF EAST BROADWAY AND TO ALL (3iMS AFFECTED The Governing Body of the City of Lubbock has heretofore ordered of East Broadway in the said City of Lubbock, Texas, be improved by concrete curbs and gutters where necessary as designed below: that the following port' grading and installing It is hereby found and determined that the cost of improvements on such portions of sail streets, with the amount or amounts per front foot proposed to be assessed for such improvements against the abutting property and the owners thereof, on the portions of said street, are as follows, to -wit: South side of Fast Broadway from its intersection with the West Property Line of Date Avenue to its intersection with a line 105.5 feet Fast of the East Property Line of Zenith Avenue (North Leg) known and designated as Unit Number 1877, the estimated cost of improvements is $9,980.8 7 the estimated amount per front foot to be assessed against the abutting property and owcw s thereof for curb and gutter is $1.65. North side of East Broadway from its intersection with the West Property Line of Date avenue to its intersection with tie East Property Line of Zenith Avenue (North Leg), known and designated as Unit Number 1878, the estimated cost of improvements is $10,696.89; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.65. An arrangements for the making and constriction of such improvements has been made and entered into by th a City of Lubbock, Texas, and rolls or statements showing the proposed amounts to be assessed against abutting property and the owners thereof have been filed with the City, such rolls or statemerls showing other matters and things, and have been approved and the City Com- mission of said City has fixed a time and place for hearing to the owners of property abutting upon saidportions of East Broadway, and to all others affected, at which hearing the amounts to be assessed against the respective parcels of abutting land and the owners thereof for improvementj in the units upon which the particularly parcels of property abut, the amounts of be%efits to the respective parcels of property by means of the improvements in the unit upon which the partiuclar property abuts, the regularity of the proceedings with reference to such improvements, the apporti of the cost of such improvements, and other matters and things will be determined, and after such I hearing assessments will by ordinance be made and levied, and such hearing will be had and held by, and before the City Commission of the City of Lubbbock, Texas, in rgular Commission meeting room in the City Hall, in the City of Lubbock, Texas on the 28th day of February, 1957, at 11:00 A.M. o l-lock. The rolls or statements showing the proposed amounts of such assessments are on file in the office of the City Secretary and copies thereof are in the office of the City Fagineer of the City of Lubbock and open to inspection of any interestd parties at any time, and of all said waters and things all such owners of property, as well as any and others in anywise affected or interested, will take due notice. By order of the City Commission of the City of Lubbock, this the 14th day of February, 1957. No noticeoother than that hereinabove provided for shall be necessary but publication of such notice shall be due and sufficient notice to any and all persons, firms, corporations and other parties. III. That a hearing be given and held by and before the Governing Body of the City of Lubbock, Texas, to all persons owning or claiming any property abutting any part or portion of Fast Broadway described in Section II, of this Resolution, as well as all owning or claiming any interest in any such property. Such hearing shall be given and held on the 28th day of February, 1957, at 11:00 A.M. o'clock on the first floor in the City Hall, City of Lubbock, Texas and the City Secretary is hereby directed to give notice of the time and place of such hearing, and of other matters and facts in accordance with the terms and provisions of an Act passed at the first called session of the 40th Legislature of the State of Texas and known as Chapter 1060 of the Acts of said Legislature which has been adopted as an amendment to and made a part of the Charter of the City of Lubbock, Texas, and as amended by Chapter 281 Acts of the 52nd Regular Sess o of said Legislature. Such notice shall be by advertisement INserted at least three times in a newspaper published in the City of Lubbock, Texas; the first publication shall be made at least teL days before the said hearing. Said notice shall comply with and be in accordance with the terms and provisions of this resolution and said Act as amended. PASSED AND APPROVED BY UNANIMOUS VOTE OF THE GOVERNING BODY OF'THE CITY OF LUBBOCK, TEXAS, THIS, THE 14TH DAY OF FEBRUARY, 1957. /s/ S. S. Forrest, Jr. MAYOR of the City of Lubbock, Texas ATTEST: /s/ lavenia Lowe City Secretary APPROVED: /s/ John T. Hickerson City Engineer APPROVED: /s/ Vaughn E. Wilson City Attorney 1-16-154-395 lbtion by Commissioner Baker, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Com- missioners Baker, Byrd and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION WHEREAS, the City Commission has heretofore determined that the City would contribute the customary city portion of from ten (10) to forty (40) per cent of the cost of street paving improvements, as determined by side and front property, to be constructed in accordance with the standard City of Lubbock plans and specifications as approved by the City Engineer, and the oune rs of property abutting Vicksburg AVenue from 19th Street to the Alley South of 18th Street (West Leg) Slide Road from 19th Street to the Alley South of 18th Street (Fast Leg) and West k of Slide Road from Alley South 18th Street to the Alley North of 18th Street, have requested permission to have pavement improvements constructed on the aforementioned Vicksburg Avenue and Slide Road and the paving of said Vicksburg Avenue and Slide Road is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS, the owners of theproperty abutting on the herein described streets and avenue will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the afovementioned plans and specifications under the supervision of the City Engineer, and the said owners desire that the City contribute its customary share towards such paving, and U WHEREAS, the contract cost of the paving improvements will not exceed $10,866.64, the total cost not over $11,409.98, and the City's share in connection therewith would not exceed $5,677.07, leaving the property owner's portion not to exceed $5,732.91, such costs being well within the current prices for paving obtained by competitive bidding, and that such payment to be made by the City is reasonable, fair, and just to the abutting property owners, the City and all other persons affected thereby, and that the sum of $5,677.07, which has been duly budgeted in the 1956-57 budgets. THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be a,:d he is hereby authorized to approve plans and specifications for paving on the streets herein described, provided that such plans and specifi- cations meet the usual requirements for paving on streets within the corporate limits of the City of Lubbock; said streets being as follows, to -wit: Unit No. 1872 Vicksburg Avenue from the North Otter Line of 19th Street to 2.5 feet North of the North Property Line of the alley South of 18th Street (West Leg) Unit No. 1874 Slide Road from the North Gutter Line of 19th StreEt to 2.5 feet North of the North Property Line of the Alley South of 18th Street (Fast Leg) and the West I of Slide Road from 2.5 feet North of the North property Line of the Alley South of 18th Street (Bast Leg) to 2.5 feet North of the North property line of the alley North of 18th Street. The City Engineer is further authorized and directed to duly inspect said paving construc- tion an said Vicksburg Avenue and Slide Road and to requre strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Commission, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of the cost of the abovementioned improvements a sum not to exceed $5,133.73 which is the City's share $5,677.07 less $543.34 engineering, leaving the amount due the contractor from the property owners not to exceed $5,732.91. Section 2. This authority is conditioned that the owners of the abutting property and t contractor will pay for all materials and labor and costs incidental to such contruction, indemnify the City of Lubbock against any costs, claims or damage of every nature pertaining thereto, and that*he Contractor, furnish the City Engineer with acf� ence that the contractor and his sub -contractors, if any, are adequately covered y pu icJ property will cause such paving to continue to be done according to the approved plans and specifications and that upon completion thereof and final approval.cf the City Engineer, all improvements designated herein shall be a permanent part of said Vicksburg Avenue, SLideRoad and N% Slide Road and the property of the City of Lubbock, without any liability whatsoever, except for t payment of a sum $5,133.73 to the contractor. On motion of Commissioner Baker, seconded by Commissioner Byrd, motion carried, the foregoing resolution was unanimously passed by the City Commission this 14th day of Feb, 1957. ATTEST: 1 s/ S. S. FOR.REST, JR., Mayor /s/ LAVENIA LOWE City Secretary -Treasurer We the owners of abutt- ing property on the abovementioned streets, and West Texas Construction, Incorporated, Con- tractor, do hereby accept and agree to fully abide by the foregoing provisions forthe considerations therein stated. Property Owners WEST TEXAS CONSTRUCTION, INCORPORATED BY: ATTEST: W. D. Turner, President l57-16-155-396 Motion by Commissioner Baker, seconded by Commissioner Byrd, motion carried, Mayor Forrest an4 Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, the following resolutin was passed.: RESOLUTION G. W. 0. 2068 A RBSOLUTION 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 AD DIRECTING PRE- PARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COMMISSION OF LUBBOCK, TEXAS, THAT: I. Public necessity exists that the following portions of streets, highways, avenues and/ar alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided,. to -wit: 20th Street EGL Avenue M to WGL Avenue L 47th Street WGL Avenue Q to EPL Avenue S E. 36th Street IRPL Magnolia Avenue to W. Pay. L. Quirt Avenue (55 Ft. pavement to be constructed on this industrial street) II. Said portions of streets, highways, avenues and/or alleys shall be improved by raising, grading aid filling same, by installing concrete curb and gutter, by installing storm sewers and drains where necessary, by installing a compacted caliche base, and by surfacing with quadruple asphaltic surface treatment (Penetration type). III. The City Engineer is hereby directed to prepare plans and specifications for such improve- ments. IV. Such improvements in eadh sub -unit shall be paid for in th following manner: (a) Railways and street railways using, occupying or crossing any portion of said streets, highways, avenues and or alleys to be improved dull be assessed for and shall pay for all of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. (b) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curies 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 (a) above, provided that such part of the costs assessed to the abutting property or owners thereof shall not exceed 90 % of the cost of the improvements plus the cost of the curb, and further provided that if it shall appear at the hearing to be had before final assessment it made that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate suchproportion 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. (c) The remaining cost of said improvements, after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) hereof, and against abutting property and the owners thereof under sub-paragiph (b) abovem shall be paid by to City of Lubbock. V. The amounts assessed against and to be paid by railways and street railways fr work between rails at tracks and 2 feet on each side thereof shall be/paid on estimates or statements on or before ten days after accedtance of the improvementsils the sub -unit in which the railway lies, by the City Commission and shall bear interest from date due and until paid at the rate of 6 % per annum. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in three equal intallments;.the first of which shall become due on or before 10 days after completion and acceptance of the improvements in the sub -unit on which the property abuts by the City Commission; the second and third one and two years respectively after completion and acceptance of the improvements in the sub -unit upon which the property abuts, by the City Com- mission, and shall bear interest from thedate of completion and acceptance until paid, at the rate of six percent per annum, 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 assess- ment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is mdb . VI. Assessments shall be made and levied, and shall be a first and prior lien and personal lia- bility 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. VII. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 14th DAY OF FEBRUARY , 1957. ATTEST: /a/ S. S. FORREST, JR., Mayor / s / LAV EN IA LOW E II City Secretary -Treasurer !I -.6-156-397 Motion by Commissioner Maxey, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Baker, Byrd and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION G. W. 0. 2068 A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS. WHEREAS, the City Commission am January 10,1957, and on February 14, 1957, passed resolutions providing for the improvements of a portion of streets, highways, avenues and/or alleys in the City of Lubbock, Texas, and along the boundaries of said city, to be done under General Work Order No. 2068, and directing preparation of plans and specifications covering the streets, highways, avenues and/or alleys as named in said resolution, except the following: 34th Street WPL Utica Avenue to E.Pay. L. Slide Road A Salem Avenue NPL of 32nd Street to NPL alley North of 32nd Street Salem Avenue NPL of alley North of 32nd Steeet to North R.O.W. line of P&S.F.RR at the Brownfield Road 50th Street WPL Indiana Avenue to WPL Flint Avenue S'k 50th Street WPL Flint Avenue to EPL Agin Avenue 50th Street EPL Elgin Avenue to WPL College Avenue 50th Street WPL College Avenue to WPL Avenue U 50th Street WPL Avenue U to WPL Avenue Q 50th Street WPLAvenue Q to EPL Avenue N W'k Quirt Avenue N.Pay.L. E. 24th Street to SPL E. 19th Street Quirt Avenue SPL E. 19th Street to SGL Idalou Road Redbud . Avenue NGL E. 24th Street to SPL E. 22nd Street Alley between Block 1, Palace Heights and Block 1, Nellie M. Jarrett Add,; and, WHEREAS, the City Engineer has prepared and filed with the City plans and specifications for such improvements, rand same have been examined; NOW THEREFORE, BE IT RESOVED BY THE CITY COMMISSION QF THE CITY OF LUBB([K: THAT, td$ plans and specifications submitted by the City Engineer covering templated by said resolution, BE, ard the same are herdy approved and the Mayor are hereby authorized and directed to.advertise for bids in accordance with the made a part of said specifications covering the quantities of materials needed program as therein set out. improvements con - and City Secretary "Iftice to Biddersel for said paving AND IT IS SO ORDERED. PASSED AND APPROVED THIS THE 14thDAY OF FEBRUARY, 1957. ATTEST: /s/ S. S. FORREST Mayor Is/ LAVENIA LOWE City Secretary -Treasurer 57-16-157-398 Nbtion by Commissioner Baker, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, Ordinance No. 2136 was passed as an emergency measure: ORDINANCE NO. 2136 WHEREAS, the City Commission 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, 57-16-157-399 BE IT ORDAINED BY THE CITY COMMISSION 0! THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: WATER • Bond Funds The sum $4,000.00 For the following purpose: Legal fees in connection with various actions along the pipeline to League206 and Sandhills Bbject Motion by Commissioner Byrd, seconded by Cotmnissioner Baker, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, Ordinance No. 2137 was passed as emergency measure: ORDINANCE NO. 2137 WHEREAS, the City Commission 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 OTY COMMISSION OF THE CITY OF LUBBOCK There is hereby appropriated out of the following described bond fund, to"wit: Right -of -Way Bond Fund The sum $2,255.00 For the following purpose: to purchase T ract of land in Block 5, Merritt and Wild addition from Mr. Lee Fields to improve 5th Place and Avenue "P" 57-16-157-400 Motion by Commissioner Baker, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, the Ordinance No. 2138 was passed as emergency measure: ORDINANCE NO. 2138 WHEREAS, the City Commission of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond fund s for an approved project, and this ordinance deals with the daily operation of city departments in the public hterest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bond Fund The Sum $ 3,772.00 For the following purpme: Dirt work at Maxey Park 57-16-157-401 Motion by Commissioner Baker, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, Ordinance No. 2139 was passed as emergency measure: ORDINANCE NO. 2139 WHEREAS, the City Commission 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 COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bond Fund The sum $ 3,828.00 For the following purpose: Construction of Backstops and Outfield Fences for two Baseball Fields at Maxey Park. 57-16-157-402 Nbtion by Commissioner Byrd, seconded by Commissioner Baker, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, and none voting Nay, Ordnance No. 2140 was passed as emergency measure: ORDINk NCE NO. 2140 WHEREAS, the City Commission of the City of Lubbock finds it is necessary to appropriate certain specifica funds out of bond funds for an approved project, and this Ordinane deals with the daily operation of City departments in the public interest which creates an emerga�cy: NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bond Fund The sum $ 24,800.00 For the following purpose: Sprinkler System for 31 acres at Maxey Park R-16-158-403 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Baker, Byrd, and Maxey voting Yea, none voting Nay, Ordinance No. 2141 was passed as emergency measure: ORDINANCE NO. 2141 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, aid 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 COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of thefollowing described bondkund, to -wit: Right-of-way Bond Funds The sum $ 804.00 For the following purpose: For securing East 15' of Lot 1, Block 11, Whitehead Addition from W. J. M. Bullard $784.00 plus 15.00 Abstract plus $5.00 filing fee. 57-16-158-404 %tion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, Ordinance No. 2142 was passed as emergency measure: ORDINANCE NO. 2142 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission 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 -Ath the daily operation of City departments in the public interest which creates an emergency, NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Bond Fund The sum $ 30,583.39 For the followin&urpcse: Construction of well aollector lines 29,107.85 f 1,455.39 Engineering 7-16-158-405 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, Ordinance No. 2143 was passed on first reading.: ORDINANCE NO. 2143 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF ASH AVENUE BETWEEN EAST 31st STREET AND EAST 32nd STREET AND BETWEEN EAST 32nd STREET AND EAST 33rd STREET AT THE PLACE AND LOCATION MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE,AND DIRECTING THE 0'TY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK INDICATING THE CLOSING AND ABANDONMENT OF THE AFORESAID PORTIONS OF ASH AVENUE. 7-16-158-406 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, Ordinance No. 2144 was passed as emergency measure. ORDINANCE NO. 2144 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission 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 i,ntemst which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond funds, to -wit: TRAFFIC BOND FUND The sum $1,050.00 For the following purpose: Purchase of six (6) Flashing School Zone Signals ►-16-158-407 Mbtion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, to authorize the Nhyor to execute the following gas pipe line easement between the City of Lubbock and Fred Jones covering property in Section 2, Block D3, Lubbock County. This line being extended past the City's land to W. Jones, Section 43, Block A, in order that he may be served of gas for irrigation wells, which line is laid on the Airport property. GAS PIPE LINE EASEMENT THE STATE OF TEXAS X KNOW AL"N BY THESE PRESENTS: COUNTY OF LUBBOCK X THAT, City of Lubbock, a Home Rule Msnicipal Corporation of Lubbock County, Texas, acting herein by and through its officers herein duly authorized, for an in consideration of Ten And No/100 ($10.00) DOLLARS cash to it in had paid by Fred Jones, Lubbock County, Texas, receipt of which is hereby acknowledged and confessed, have Granted, Bargained, Sold and Conveyed, and by thesepresents do Grant, Selland Convey unto the said Fred Jones a free and uninterrupted use, liberty and privilege in; along, upon, under, through, and across those two certain tracts of land in Section 2, Block D, Lubbock County, Texas , now owned by the City of Lubbock and more particularly described as follows: TRACT 1 BEGINNING at a point 45 feet South and 25 feet West of the Northeast corner of said Section Blcok D3; THENCE West a distance of 40 feet to a point; THENCE South a distance of 10 feet to a point; THENCE Fast a distance of 40 feet to a point; THENCE North a distance of 10 feet to the place of beginning; TRACT 2 BEGINNING at a point 3175 feet South and 25 fen West of the Northeast corner of said Secti Block E6, THENCE West a distance of 40 feet to apoint; THENCE South a distance of 10 feet to a point; THENCE Fast a distance of 40 feet to a point; THENCE North 10 feet to the place of beginning. 2, The above two described tracts of land as herein granted are to be used for the construJ tion and maintenance of a transmission and distribution natural gas pipe line and for the !I purpose of setting and maintaining necessary meters, valves, and other devices required, pro -I vided that said line or lines shall be constructed in an approved manner and with as little damage to the premises as may be practicable considering the nature of the construction, giving to the said Fred .ones the right to enter upon said described land upon which this easement is granted, for the purpose of maintaining or repairing said natural gas pipe line at any time and season during the term of this instrument. All fences shall be restored to as good or better condition if disturbed by the laying of the pipe line and the premises shall be restored as nearly as practical to their original condition after said pipe line has been installed, by Grantee herein. The term of this easement shall be for a period of three years from the date of its. execution bpt the same may be terminated prior to the expiration of the primary term of three years on any anniversay date by a sixty day written notice to the said Fred Jones by the City of Lubbock. The rights conferred under this easement may not be assigned without the written per- mission of the City of Lubbock. TO HAVE AND TO HOLD all and sigular the premises aforesaid unto the said Fred Jones to his proper use ad behalf during the term of this instrument. ATTEST: /s/ LAVENIA LOWE City Secretary -Treasurer THE STATE OF TEXAS X /s/ B.S. FORREST, J_R-.-,- -- - ---� Mayor COUNTY OF LUBBOCK X BEFORE ME, the undersigned authority, a Notary Public inand for said County, Texas, on this day personally appeared S. S. FORREST, JR., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same its the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,1957. (SEAL) Notary Public, Lubbock County, Texas 57-16-159-408 Notion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and r mmissionersBaker, Byrd and Maxey voting Yea,none voting Nay, to authorize the City of I Lubbock Park located at 62nd Street aid Temple Avenue to be named 0. W. Ribble. The City of Lubbock Park located at54th Street and Avenue L to be named Jack Lewis. 57-16-159-409 Notion by Commissioner Byrd, seconded by Commissioner Baker, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, to authorize purchase of the following land being a portion of Block 5, Merritt -Wild Addition, from Lee Fields for a consideratbn of $2250.00 from Right -of -Way Bond funds. This land being purchased to open 5th Place eastward to 5th Street in the vicinity of Avenue P. BEGINNING at the Southeast corner of said Block 5, Merritt and Wild Addition; THENCE West a distance of 65 feet to a point; THENCE North a distance of 5.76 feet to a point; THENCE North 280 East a distance of 80.46 feet to a point. j THENCE East a distance of 27.23 feet to a point in East line of said Block 5; THENCE South a distance of 76.08 feet to the PLACE OF BEGINNING. STREET DEDICATION THE STATE OF TEXAS X COUNTY OF LUBBOCK X This is to certify that Lee Fields, not joined by my wife for reason the herein described real estate is not my homestead nor has ever been used or claimed as such is the owner"of the following described lot, tract or parcel of land known and described as follows: A tract of land in Block 5, Merritt and Wild Addition to the City of Lubbock, Lubbock County, Texas, BEGINNING at the Northeast corner of said Block 5, Merritt and Wild Addition; Thence South along the east line of said block 5, a distance of 87.57 feet to a point; Thence West a distance of 27.23 feet to a point on tangent; Thence N. 280 E. A distance of 5 feet to a point; Thence on a 43' radius to the left a distance of 54.79 feet to a point of tangent; These North 450 West a distance of 46.05 feet to point 65 feet west of the northeast corner of said Block 5; Thence east a distance of 65 feet to the point of beginning. (E) do hereby dedicate to the public, for public use forever, the above described tract of land to be used as a street and (I) will forthwith remove any obstructions from the right of way of said street without cost to the City of Lubbock. WITNESS OUT (MY) HAND This 14th day of February, 1957. of/ LEE FIELDS THE STATE OF TEXAS X COUNTY OF LUBBOCK X BEFORE ME, the undersigned , a Notary Public in and for said County and State, on this day personally appeared LEE FIELDS, known to me to be the person whose name is subscribed to the foregoing&nstrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this 14th day of February ,1957. Notary Public, Lubbock County, Texas 57-16-160-410 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried. MauCity Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, to authore t e City of Lubbock to execute the following license agreement between the City of Lubbock and the Panhandle aid Sant$ Fe Railway Company relating to installation of two down -guy wire encroachments on Santa Fe's property near Ltd inl Lubbock County, Texas. AGREEMENT, Made and entered �nto this 28th day of -January, 1957, between PAN%NDLE AND SANTA FE RAILWAY COMPANY, a Texas corporation, aiereinafter called "Santa Fe"), party of the first part, and CITY OF LUBBOCK, TEXAS, a municipal corporation, (hereinafter called "Licensee"), party of the second part: W IT NE S SETH In consideration of the sum of One and No/100 Dollars ($1.00) , the receipt of which is hereby acknowledged, and the faithfalperfurmance by Licensee of the covenants herein contained, Sarta Fe Licenses Licensee to install two down guy wires on right-of-way of Santa Fe at Mile Post 4 t 1648.7 feEt , near Doud, Lubbock County, Texas, andmake such attachments as to support electric supply line of Licensee, the position of said down guy wires being shown by red line on the print hereto attached, D.E.Q. Slaton No. 5890,dated January 18th, 1957, marked Fathibit "A" and made a part hereof. In consideration of the foregoing license, the Licensee agrees at its own cost and subject to the supervision and control of Santa Fe to locate, construct, and maintain the down guy wires in such manner that they will not at any time be a source of danger to or interference with the tracks, road bed cr property of Santa Fe , or the safe operation & its railroad, and agrees that at any time Santa Fe builds additional tracks near thatpoint, or desires said down guy wires changed, that it will, at its own cost and expense, remove said down guy wires and locate and thereafter maintain them as designated by the Santa Fe. If at any time the Licensee shall, in the judgment of the Santa Fe , fail to properly perform its obligations under this section, the Santa Fe may, at its option, itself perform such work as it deems necessary forthe safe operation of its railroad, andin such event the Licensee agrees to pay within fifteen (15) days after bill shall have been rendered therefor the cost so incurred by Santa Fe plus a sum equal to ten (10) per cent thereof, but failure on the part of the Santa Fe to perform the obligations of the Licensee shall not release the Licensee from liability hereunder for loss or damage occasioned thereby. at The Licensee further„agrees that/all times it will indemnify and save harmless the Santa Fe against all haims, demands, actions, or causes of action arising or growing out of any damage to property or injury to or death of persons which may be due in any manner to the construction, use maintenance, state of repair or presence of the down guy wires and to pay the Santa Fe the full amount of any loss or damage which it may sustain, incur or become liable for on account thereof. This license is given by the Santa Fe and accepted by the Licensee wpon the express condition that the same is, and at all times shall be, revocable at the will of the Santa Fe, and whenever requested to do by the Santa Fe the Licensee agrees to remove said down guytdres from the right- of-way of the Santa Fe and restore said right-of-way to the same condition in which it was prior to the placing of said down guy wires thereon. I. case the Licensee shall fail to restore the Santa Fe's premises as aforesaid within thirty (3 ) days, Santa Fe may proceed with such work at the expense of Licensee. No termination hereof shall release the Licensee from an liability or obligation hereunder, whether or indemnity or otherwise, resulting from ar.y acts, omissions or events ha0pening prior to the date of termination of such later date when the down guy wires may be removed and said premises restored as hereinabove provided. This license shall be binding upon and inure to the benefit of the parties, and their respective legal representatives, successors and assigns, but no assignment hereof by the Licensee shall be binding upon the Santa Fe without the written consent of the Santa Fe in each instance. IN WITNESS WHEREOF, the parties hereto have executed this instrument in duplicate the day and year first above written. PANHANDLE AND SANTA FE RAILWAY COMPANY BY /s/ A. C. MARTINI CITY OF LUBBOCK, TEXAS, BY Isl S. S. FORREST, JR., Mayor RESOLUTION BE IT KNOWN' That on this the 14th day of February, 1957, at a regular meeting of the govern- ing body of the City of Lubbock, Texas, there came on to be considered the matter of the executi of a license between the $aid City of Lubbock, Texas, and Panhandle and Santa Fe Railway Company rd.ating to construction and maintenance of two down guy wire encroachment on right-of-way of Santa Fe at Mile Post 4 plus 1648.7 feet. Seagraves Branch Santa Fe File No. 2628089 near City of Doud, Texas, whereupon the following proceedings were had: It was moved, seconded and unanimously voted that S. S.Forrest, Jr., Mayor, be authorized and empowered to execute on behalf of the City of Lubbock, Texas, such license, copy of which is hereto attached, and the same be recorded in the Minutes of the City Commission at the foot of this resolution STATE OF TEXAS COUNTY OF LUBBOCK X I, Lavenia Lowe ,City SEcretary, do hereby certify that the above and fore- going is a true and correct copy of a resolution passed by the City Commission of said City in regular session on February 14, ,1957, as the same appears of record in Book 16 Pw a 160 Minutes of said City Commission. IN TESTIMONY WHEREOF, witness my hand and seal of said City this 14th day of February,1957. (SEAL) City Secretary 57-16-161-411 Motion by Commissioner Baker, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Baker, B}r d and Maxey voting YEa, none voting Nay, to authorize the Mayor to execute pipe line license between the City of Lubbock and the Panhandle and Santa Fe Railway Company relating to construction and maintenance of a water line crossing 106.9' in length and 30 inches in diameter across Railway Company's right-of-way and under main hack at mile post 30 plus 2734.5' near Mill, Texas in Bailey County, Texas. This being Santa Fe print No. DEOS 5885 dated January 7, 1957. 57-16-161-412 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, to confirm the advertisement for bids to be received for .construction of the swimming pool, bath house, bleachers, filter plant and plumbing and electrical work in the Arnett Benson Addition. Bids to be received at 2 o'clock P.M. February 28, 1957. 57-16-161-413 The City Commission considered the status of City employees who have held the office of the Chief of Police and Fire Chief with respect to accrued and longevity payments due them under the Civil Service law. This consideration was occasioned by the resignation of Harold McInroe, Chief of Police, in his subsequent claim for back longevity pay. It was the City Administration thinking that the sdary of Chief of Police and Fire Chief did not 'accrue longevity pay because their positions are not under Civil Service. Haever, the law states that employees in the Fire and Police Department accrue longevity pay and as the two chiefs are legally in one of these departments, the City AttQrney gave an opinion that they came under the provision of Civil Service Statute and asp%€Fie City owed longevity pay to the Chief of each department. The City Commission gave consideration to the longevity payment due to all former Chiefs of Police and Fire Departments and it was determined that only Chief Glenn Smith in the Fire Department and Chief Bill Iamb in the Police Department had any money accrued under the pro- visions above stated. On motion of Commissioner Maxey, seconded by Commissioner Byrd, motio carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, the City Commission approved the payment of $2805.00 to Chief Glenn Smith of the Fire Department and $180 to Chief Lamb of the Police Department, these sums being the maximum accrued longevity owed to each Chief. 57-16-161-414 The following letter was received from James M.�Bu�qdition rd in connection with conveying to the City the Fast 15' of Lot 1 Block 11, Whiteheadfor Quirt Avenue Right -of -Way. February 12, 1957 It. John L. Scott Right-of-way Engineer & Agent City of Lubbock Lubbock, Texas Dear Mr. Scott : This will confirm our long distance telephone conversgion of February 12 relative to your letter of January 30 asking that I submit a proposition to the City Commission regarding the easement on my property, being Lot One (L) Block 11, 2nd Whitehead Addition to the City of Lubbock at the intersection of Quirt Avenue and Idalou Road. It is my understanding that the probable cost of the paving along my property would be I� approximately $784.00, this being based on $7.00 per foot forthe 112 feet along my property.' I would be willing to grant an easement across and along said Lot for the sum of $784.00, or, the amount of the paving cost plus whatever cost would be incurred in preparing a supplemental abstract; or, in other words, if the City will pay me $784.00 and pay forthe supplemental abstract, I will furnish tle base abstract for examination, the same to be returned to me after said examination. I would then execute said easement. Yours very sincerely, /s/ JAMES M. BULLARD After consideration of It. Bullard's proposal as set out above, motion was made by Com- missioners Byrd, seconded by Commissioner Maxey, motion. carried, Mayor Forrestand Commissioner Baker, Byrd and Maxey voting YEa, none voting Nay, to authorize acceptance of the proposal as set out above and payment to W. Bullard, in the amountcf $784 for the 112' for Quirt Avenue Right-of-way, plus $15.00 abstract and filing fees. The Mayor being hereby authorized to execute the necessary instruments to complete this transaction. 57-16-161-415 Motion by Commissioner Baker, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none- voting Nay, to authorize change See Resolution order No. 1 to Project Texas 144 and 144d, Lubbock City -County Public Health Building and Page 162a diagnostic unit to add $19501.56 to said contract for construction of vector -control addition, sprinkler system and changes in the dental laboratory. The State to pay one half of this amount, the City one-fourth and the County one-fourth, the following resolution was passed. 57-16-161-416 Motion by Commissioner Maxey, seconded by Commissioner Baker, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, to authorize the City Attorney to complete settlement of Law Suit No. 7678 in County Court, C. G. Mc Kinzie vs. the City of Lubbock. Payment hereby authorized to be made in not excess of $2800.00 in settle- ment of this suit, the property owner to pay for the paving of the Street. The City having �j filed condemnation proceedings to acquire right-of-way for Quaker Avenue. 1I 57-16-161-417 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Baker, Byrdand Maxey voting Yea, non voting Nay, to approved loan from the General Fund of the City of Lubbock in the amount of $450,000.00 to the Water Bond Fund ofthe City of Lubbock. Term of loan to be until March 1, 1957. Water Bond Funds are now on six months time deposit and will available March 1, 1957, to repay the General land in this amount. 57-16-162-418 Motion by Commissioner Baker, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, note voting Nay, to authorize payent of the final amount due Tarver Electric Company in the amount of $200.00 on Auditorium Coliseum electric contract. This amount being held until the balance of the singe equipment connections were mde. I t has been found that this contract is complete therefore payment of the $200.00 being autho- rized. i7-16-162-419 Notion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest ad CommissionersBaker, Byrdand Maxey voting Yea, none voting Nay, to REJECT the request of Frito Company. The Frito Company requesting a reduction in their tax valuation for the year 1954 and 1955. Their property having not been rendered and the Equalization Board having set a value of $10,000.00 on their merchandise. i7-16-162-420 17-16-162-421 The following proposal was received from W. Henry Holmes in regard to an exchange of a 50' lot for some City property. January 24, 1957 The Honorable City Commission City of Lubbock Lubbock, Texas Gentlemen: The attached preliminary plat shows the location of a tract owned by W. Luther E. Smith and myself which adjoins a tract owned by the City., in the Roles Acres Addition. Y)ur will note the cyclone fence, owned by the City, fencing a brick building, is approximately 7.8 feet over on our property. It is our proposal to exchange this tract with the City for a tract of approximately equal size on the North side of the City tract facing Quaker Avenue. We understand a paving lien will be placed on Quaker Avenue and we propose to pay for the paving shaid this exchange be approved. This exchange will give the City sufficient clearance around tie brick building now adjoining our tract and eliminate the necessity of moving the cyclone fence from our property and any questions concerning property lines. Thank you for your consideration. /s/ HENRY HOLMES After consideration of the above proposal from W. Henry Haines, motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, to REJECT the request. Motion by Commissioner Casey, seconded by Commissioner Baker, motion carried, Mayor Forrest and Commissioners Baker, Byrd, Casey and Maxey voting Yea, none voting 'Nay, (Commissioner Casey being present at this time), to authorize purchase of thefollowing tract of land from L. P. Hatchett fvr consideration of $32,500.00. This property located at 50th Street and Elgin Avenue and right-of-way needed fcr 50th Street. Payment hereby authorized to be made from �I Right -of -Way Bond ):finds. DESCRIPTION Property located at the Southwest corner of the intersection of 50th Street and Elgin Avenue described as one acre of land (208.6' x 208.6') out of the northeast 4 of the northwest of Section 7, Block E-2. Lubbock County, Texas. 7-16-162-422 SEALED bids will be received at the office cEthe City Purchasing Agent until 10 A.M. Thursday, February 14, 1957 for the sale of a small five room house located in the northwest well field on 160 acres out of the Northeast part of section 12, Block A, Tyler Tap Railroad Survey. The tight is reserved to reject any or all bids. The following bids were opendd and read for sale of five room residence located in the North west water well field as set out in the above Notice of Publication of bids. February 12, 1957 Purchasing Agent City of Lubbock. The under signed enters a bid of $512.50 for the house your have for sale north west of the City in the northwest well field. /s/ R. ji. WILKE Rt. 6, Phone SH 4-9618 /s/ H.L. McLean 2012 Broadway, Phone PO 2-3674 February 13, 1957 Bid on five room -house. I bid $250.00 on five room house located in West well field. Alternate I bid $325.00 on five room house encluding the sheds and butane tank /s/ HUGH NEWTON Box 289, City February 12, 1957 City Commission Lubbock, Texas Gentlemen: I wish to submit a bid on the house advertised for sale in the Avakanche Journal to close February 14th, as follows: I submit a bid of $305.00 for the house and anything around the house that goes. /s/ TOBIE HATCH Star Rt. Earth, Texat i After consideration of the three bids received for purchase of this building, motion was made by Commissioner Maxey, seconded by Commissioner Baker, motion carried, Mayor Forrest and Commissioners Baker, Byrd, and Maxey voting Yea, none voting Nay, to authorize acceptance of the bid of R. H. Wilke and H.L. McLain for this building. RESOLUTION SEE ITEM NO. WHEREAS, in connection with project; TEXAS - 144 and 144-D Lubbock City -County Public 415 Health Center and Diagnostic Unit in Lubbock, County, Texas, the City Commission and County PAGE 161 Commissioner's Court has heretofore authorized change orders in connection with the con- struction of the City -County Health Center and the Texas STate Board of Health has requested that the original combined change orders be modified by breaking the same down into three change orders; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THB CITY OF LUBBOCK: THAT the Mayor be and he is hereby authorized and directed to execute change orders in connection with the construction of the City -County Health Unit as follows: Change Order No. 1 - for the Vector Control Building $14,440.00 Change Order No. 2 - for complete yard sprinkle system $ 4,400.00 Change Order No. 3 - modification in dental dark room and treatment room No. 1 and 2 $ 661.56 The Mayor is also authorized and directed to execute project construction application Part 4 as revised February 21, 1957, pertaining to project No. Texas-144 and Texas 144-D. Passed by unanimous vote of the City Commission this 14th day of February, 1957. Isl S. S. FORREST JR., MAYOR ATTEST: Lavenia Lowe, City Secretary -Treasurer 57-16-163-423 Motion by Commissioner Bakw seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, to authorize sale to the Lubbock Cotton and Oil Company of the following property for a consideration of $5814.65 the Mayor being hereby authorized to execute deed. Property to be sold - Portions of lots 3,4,5 & 6, Block 190, Original Town purchased from the C3hey Packing Company and a portion of lots 7,8,9 and all of Lot 10 in Block 190, Original Town, purchased from Ben H. Davidson, also a 25 ft. portion of 16th Street described as follows: Beginning at a point 42.5 ft. East of the Southwest corner of Lot 10, Block 190, Original Town; Thence South 75.0 ft.; Thence West 25.0 ft. to a point; Thence North 75.0 ft.; Thence Eat 25.0 ft. to the point of beginning. All involving approximately 15,515 sq. ft. 57-16-163-424 Notion by Commissioner Baker, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, note voting Nay, to authorize purchase from the Lubbock Cotton and Oil Company for a consideration of $814.65, the following property: Property to be purchased -BEGINNING at the Northeast corner of Section 5, Block B, and the Southeast corner of SL'ction 3, Block 0, Lubbock County, Texas; Thence South along the East line of said Section 5, Block B, a distance of 620.04 ft. to a point; Thence Northeasterly a distance of 644.41 ft. to a point in the North line of Section 5, Block B, said point also being in the South line of Section 3, Block 0; 1hence North parallel to and 56 ft. West of the East line of said Section 3,Block 0, a distance of 384.7 ft. to a point; Thence East a distance of 56.0 ft. to a point in the East line of said Section 3, Block 0; Thence South along the Fast line of said Section 3, Block 0, a distance of 384.7 ft. to the point of beginning. 57-16-163-425 Motion by Commissioners Baker, seconded by Commissioner Maxey, motion carried, Mayor Forres and Commissiorers Baker, Byrd and Maxey voting Yea, none voting Nay, Ordinance No. 2145 was passed as emergency measuret Ordinance No. 2145 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission 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 COMMISSION OF THE CITY OF LUBBOCK: There ishereby appropriated out of the following described bond fund, to -wit: Right -of Way Bond Fund The sum $ 869.85 For the following purpose: To purchase 1.63 acres ofland on Quirt Avenue between 19th & 24th from the Lubbock Cotton Oil Co. for $814.65 plus $55.00 for abstract cost, revenue stamps and filing fees. 57-16-163-426 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Baker , Byrd, and Maxey voting Yea, none voting Nay, Ordinance No. 2146 was passed as emergency measure. ORDINANCE NO. 2146 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission 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 dais with the daily operation of City departments in the public interest which creates an emergency; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: Right of Way Bond Fund There is hereby appropriated out of the following described bond fund, to -wit: The sum $ 32,505.00 For the following purpose: To purchase N.E. 4 of the NW 4 of Section 7, Block E2 from W . L.P. Hatchett for $32,500.00 plus $5.00 filing fee (Southwest corner of 50th Street & Elgin) 57-16-163-427 W. A. C. Totty appeared before the City Commission in regard to this claim for payment having been filed with the City of Lubbock in connection with his son, Bobby Totty, having been injured when struck by a Sanitation truck. Motion was made by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, to authorize the City Attorney to settle this claim for an amount not to exceed $600.00. Complete release to be secured. 57-16-163-428 Notion by Commissoner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, Ordinance No. 2147 was passed on first reading, to authorize the Vumore Company, the Corporation, to use and i• cross the City's streets and alleys and street light poles to string table for installation fly of equipment to operate an electronic home theatre project, the Mayor being authorized to execute said permit. ORDINANCE NO. 2147 AN ORDINANCE OF THE CITYCF LUBBOCK, GRANTING A PERMIT TO VUMORE COMPANY, A CORPORA Tion TO USE PUBLIC WAYS WITHIN THE CORPORATE LIMITS OF THE CITY FOR THE PURPOSE OF OPERATING I� AN ELECTRONIC HOME THEATER, AS PROVIDED IN SAID PERMIT; FOR A TWENTY YEAR PERIOD, PRO- VIDING FOR COMPENSATION TO BE PAID TO THE CITY FOR USE OF ITB PUBLIC WAYS A ND POLES; PRO- VIDING THAT THE RIGHTS GRANTED SHALL NOT BE EXCLUSIVE; PROVIDING TYPES CF III URANCE TO BE MAINTAINED IN FORCE BY THE PERMITEE AND FURTHER AUTHORIZING THE MAYOR TO EXECUTE SAID PERMIT. 7-16-164-429 Bids were read for purchase of miscellaneous galvanized pipe fittings for the Park Department, being bid 2722. After consideration of all bids submitted, motion was made by Commissioner Baker, seconded by Commissioner Byrd, motion carried, Mayor Forrest a-Ld Commissioners Byrd, Baker and Maxey voting Yea, none voting Nay, to authorize the purchase to be made as follows: Accept the bid of & Kee (MB)Company Items 1 thru 7-9-13-14-,15-D-19-22-25-26-28-30-32-34-36-37-38-40-42-55-56-57-58-59-60-63-64-65-67-68-69-70- 71-73-74-76-77-81 thru 86 88 thru 119 plus 123 & 133 thru 139 for the sum of $4,868.26 Accept the bid of Nbrrison Supply Company 40 Items 8-10-11-12-16-18-20-23-24-27-29-31-33-35-39-41-; 48 thru 54, 61-62-66-72-75-78-80 & 125 thru 132, 140-141-142 for the sum of $1,725.21 Accept the bid of Clowe and Cowan Items 43-44-45-46-47- & 79 120-121-122-124 Sum of $270.13. 7-16-164-430 Bids as follows were read for purchase of fire hose and couplings, being bid No. 2731 After consideration of all bids, motion was made by Commissioner Baker, seconded by Commissioner Maxey, motion carried* Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, to authorize purchase to be made as follows: Accept the bid of Bigham Gin Supply Company for purchase of item 1. Accept the bid of Eureka Fire Hose Company for purchase of items 2 and 3. Accept the bid of American La France Corp. fa' purchase of items 4, 5, 6and 9. Accept the bid of C.E. Settle Company for purchase of items 7 and8. 7-16-164-431 Bids were read for purchase of galvanized fittings -ingot lead, copper pipe and gate valves, being bid 2738. After consideration of all bids, motion was made by Commissioner Baker, seconded by Commissioner Maxey,motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, to authorize purchase to be made as follows: Accept the bid of M.B. McKee Company for purchase of items 1,2,4. Accept the bid of Rohan Company forpurchase of items 3,5 and 6. Accept the bid of Clowe and Cowan Inc. for purchaseof it -an 7. 7-16-164-432 Bids were read for purchase of comfort station material for MacKenzie State Park, this being one turn -key plumbing job on the comfort station and being bid no. 2739. After consideration of the bids submitted, motion was made by Commissioner Maxey, seconded by Commissioner Baker, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay,to authorize acceptance of the bid of American Plumbing Company fr this turn -key plumbing job on comfort station in MacKenzie State Park. 7-16-164-433 Bids were read for line starters, circuit breakers etc. for the Electric Department, being bid 2747. After consideration of the bids submitted, M)tion was made by Commissioner Baker, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, to authorize the purchase to be made as follows: Accept the bid of General Electric Supply Co. for purchase of items 1 through 4, both inclusive,item 6,7, 9 and 10. Accept the bid of Southwestern Electric Supply Company for purchase of items 5, Accept the bid of Westinghouse Electric Supply Company for purchase of item 8. 7-16-164-434 Bids were read for purchase of miscellaneous electric hardware, being bid No. 2753 After consideration of all bids submitted, motion was made by Commissioner Baker, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, nom voting Nay, to authorize the purchase to be made as follows: Accept the bid of C.B. Anderson Company for purchase of items 1, 2 and 4. Accept the bid Of Southwestern Elec. Supply Co. for purchase of item 3,6,7, and 10, Also items 13 and 14. Accept the bid of Westinghouse Elec. Supply Co. for purchase of item 5. Accept the bid of R and A supply Company forpurchase of item 9, 12 and 15. Accept the bid of Nelson Electric Supply Co. for purchase of items 8 and 11. 7-16-164-435 Bids were read for purchase of large water meters, being bid No. 2766 After consideration of the bids submitted, motion was made by Commissioner Baker, seconded by Commissioner Byrn motion carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, to autho- rize the Arch ase of these meters to be made from Mersey Manufacturing Company. 7-16-164-436 Bids were read for purchase eight 8" flanged tube type main line meters for the Water Department, bidNo.2767' After consideration of the bids submitted, motion by Commissioner Baker, seconded by Commissioner Maxey,motior�� carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting nay, to authorize acceptance of the bid of M.B. McKee Co. for purchase of these eight 8" flanged tube type main water meters. ,7-16-164-437 Bids were read for purchase of one ton chassis and one-half ton pickup for the Elec.Department bid No.2772. After consideration of the bids submitted, motion by Commissioner Baker, seconded by Commissioner Byrd, motion: carried, Mayor Forrest and Commissioners Baker, Byrd and Maxey voting Yea, none voting Nay, to authorize purchW cf the one ton pickup (chassis only) from Lubbock Auto Co. ,purchasing ford pickup chassis, and accept the bid c£ Ralph Penney Chevrolet Company for purchase of the 1957 1/2 ton pickup, for a consideration of $1329.12. 17-16-164-438 This being the date set to receive bids on water work Order No.11028,Notice to Bidders being of record in Minute Bk. 16, page 135, 1-24-57,motion by Byrd seconded by Maxey,motion carried,Mayor Forrest and Com's Baker Byrd,and Maxey votingYea,none voting Nay, to authorize the bids to be opened and read,the following bids were read. After consideration of bids submitted, motion by Commissioner Byrd,seconded by Com-Maxey, motion carried, Mayor Forrest and Com's Baker,Byrd and Maxey voting Yea, none voting Nay, to authorize acceptance of the bid of R.B. Hodgson and Co. in a total amt. of $7��,101 85 it t��ing lowest and kes bfd, the Mayo being authorized to enter into contract for construction of we co �ec�or s in League 20i ey Count, rTexas. _ NO FURTHER BUSINESS COMING UP FOR CONSIDERATION RECESSED TO MEET IN RECESSED REGULAR MEETING READ AND APPROVED THIS THE 28th ATTEST: J La Shia Lowe, Cld6y Secretary -Treasurer Day of THE CITY COMMISSION FEBRUARY 19, 1957 at Febr:;ary .1957. S. S. FORREST, JR., Mgy