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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/28/1957i REGUTA R MEETING Lubbock, Texas February 28, 1957 The City Commission of the City of Lubbock met at 9 o'clock A.M. in regulw session at the regu- lar meeting place in the City Hall, the following members thereof bring present to -wit: Mayor Pro-tem Lennis Baker Commissioners O.L. Byrd, David Casey and I-bmer G. Maxey, City Attorney Vaughn E. Wilson and City Secretary -Treasurer Lavenia Lowe. Absent Mayor S. S. Forrest, Jr. and H.P. Clifton, City Manager. Invocation was given by A.P. Couch, Finance Officer. Nbtion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Pro-tem Baker and Commissiones Byrd, Casey and Maxey voting Yea, none voting Nay, to approve the foll ing City Commission minutes:,. Regular meeting ----------------------------- February 14, 1957 Recessed regular meeting -------------------- February 19, 1957 Motion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to approve the following City of Lubbock minutes of accounts allowed: General Fund Vo.15001 thru 15769 Electric Fund Vo. 139 thru 338 Airport Vo. # 41 thru 267 (except Vo. #114) 1956 Waterworks System Vo.# 53 thru 128 Water Revenue Fund Vo.# 101 thru 233 (except Vo. #232) 7-16-166-440 Motion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Pro-tem Baker and Commissioner Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2097 was passed on second and final reading: ORDINANCE N0. 2097 AN ORDINANCE ABANDONING AND CLOSING THE NORTH -SOUTH ALLY IN BLOCK 18, PHYLLIS WHEATLEY ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MOE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE, AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO MA INDICATE THE CLOSING AND IBANDONNG OF SAID NORTH -SOUTH ALLEY AS AFORESAID. 7-16-166-441 Motion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution was passed: EE QUIT CLAIM EED PAGE 181 RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER TO THE NORTEX HIDE AND PRODUCE COMPANY INC., A QUIT CLAIM DEED ON BEHALF OF THE CITY OF LUBBOCK TO THE NORTH -SOUTH ALLEY BETWEEN 35TH AND 36TH STREETS IN BLOCK 18, PHILLIS WHEATLEY ADDITION TO THE CITY OF LUBBOCK, TEXAS, AS MORE PARTICU- LARLY DESCRIBED IN THE BODY OF THIS RESOLUTION. WHEREAS, it has been determined by the City Commission of the City of Lubbock, Lubbock County, Texas, that the North -South alley in Block 18, Phillis Wheatley Addition lying between' 35th and 36th Streest as more particularly described hereinafter is not being used and will not in the future be used or needed for public purposes or street and alley purposes or any otherpublic purpose, and, WHEREAS, it has been determined that it would be to the public interest for the City of L bbock to quit claim its interest in such land to the Nortex Hide and Produce Company, Inc. NOW THEREFORE, BE IT RESOLVED BY THE CITY ODMMISSION OF THE CITY OF LUBBOCK" SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized to execute and deliver on behalf of the City of Lubbock a quit claim deed to the Nortex Hide and Produce Company, Inc., con- veying its intereEt in and to the hereinafter described land; particularly described by metes and bounds as follows: Being all that lot, tract, or parcel of land located in Lubbock County, Texas, and described as being all of that North -South alley in Block 18, Phillis Wheatley Addition to the City of Lubbock, Lubbock County, Texas, lying between 35th and 36th Streets. �1 SECTION 2. THAT the City Secretay-Treasurer shall attest such quit claim deed affixing the seal! of the City of Lubbock thereto. Passed by the City Commission this 28th day of February, 1957. /s/ S. S. FORREST, JR., Mayor ATTEST: /sj LAVENIA LOWE City Secretary -Treasurer 7-16-166-442 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2119 was passed on second and final reading. ORDINANCE NO. 2119 AN ORDINANCE ANNEXING AN AREA AND TRACT ABUTTING AND ADJACENT TO THE EXETING CORPORATE LIMITS OF THE CITY OF LUBBOCK, BEING 3.1 ACRES OUT OF SECTION 20, BLOCK A, LUBBOCK COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; PROVIDING FOR EXTENSION OF THE CITY LIMITS AND CORPORATE BOUNDARIES TO ANNEX THE AREA; PROVIDING FORPUBLICATION AND THE FINAL PASSAGE UNDER PROVISIONS OF SECTION 3-A, ARTICLE 1, CHAPTER 1 OF THE CHARTER OF THE CITY OF LUBBOCK, AND EXTENDING THE CITY LIMITS TO INCLUDE SAID AREA. 7-16-166-443 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2126 was passed on second and final reading. ORDINANCE NO. 2126 AN ORDINANCE ESTABLISHING BUILDING LINES ON THE WEST AND EAST SIDES OF BOSTON AVENUE FROM SOUTH LINE OF 34TH STREET TO TIE NORTH LINE OF 35TH STREET, AS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; PROVIDING THTT 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 W11THIN FIVE (5) YEARS; DEFINING 'BUILDING LINE" ADD PROVIDING THAT SETBACK REQUIREMENTS UNDERTHE CITY'S 20NT'NC )RDINANCE AND AMENDMENTS THERETO BE DETERMINED FROM THE BUILDING LINES HEREIN ESTAB- LISHED; PROVIDING EXCEPTIONS FOR UTILITY EXTENSIONS AND PUBLIC IMPROVEMENTS; PROVIDING A SAVINGS CLAUSE. 7-16-166-444 Motion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Pro-tem Baker anc Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2133 was passed on second and final reading. ORDINANCE NO. 2133 L{ 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. 57-16-167-445 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2134 was passed on second and final reading: 57-16-167-446 ORDINANCE NO. 2134 AN ORDINANCE ESTABLISHING BUILDING LINES ON THE NORTH AND SOUTH SIDE OF 50TH STREET FROM TH] EAST CITY LIMIT LINE TO THE WEST CITY LIMIT LINE, AS MORE 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 SUCK BUILDING LINES: REQUIR- ING EXISTNG 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 ORDINANCDS ESTABLISHING BUILDING LINES WHICH CONFLICT WITH THE BUILDING LINES ESTABLISHED HEREIN. NOTICE OF ZONING HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Commission will hold a public hearing on the 28th dy of February .19 57 at 10:00 o'clock A.M. in the City Commission Room onthe First Floor of the City Hall in Lubbock, Texas to consider the recommenda- tions of theZoning and Plannirg Commission that the zoning district of th iproperty herein described be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Commission will determine wheber the Zoning Ordinance and map will be amended in accordance with such recommendation. ZONE CASE NO. 619 - Request of E.R. Little w change Lots 1 through 12 inclusive, and lots 25, E.R. Little Subdivision of Crump Five Acres Addition to the City of Lubbock, Lubbock County, Texas, from an "R-2" to a "C-2" zoning district. (Vicinity of Avenue Q and 46th Street). The Plannin& and Zoning Commission recommended to the City Commission that the above re- quest be granted. ZONE CASE NO. 620 - Request of Charles B. Jones (For Fort Worth and Denver Railway Company) to change the northwest 1/4 of Section 1, Block E, G.C. & S.F Survey, Lubbock County,Texas from an "R-1" to an "14-2" zoning district. ftinity 'of 50th Street and Globe Avenue). The Planning and Zoning Commission recommended to the City Commission that the zoning districts of the property considered by this case be changed as follows: 1. That the following described property be changed from an "R-l" to a "C-4" zoning distzict: BEGINNING at a point, said point being the intersection of the centerline of Avenue A South Drive, and the north line of Section 1, Block E, G. C. & S.F. Survey, Lubbock County, Texas; THENCE in a southwesterly direction along said centerline, to a point, said point being in the west line of said Section 1; THENCE south along said section line to a point, said point berg in the City Limit Line of the City of Lubbock, as established by Ordinance No. 946; THENCE in a northeasterly direction along said City Limit Line to a point, said point being in the ncr th line of said Section 1, Block E, Lubbock County, Texas; THENCE west to the point of beginning. 2. That the following described property be changed from an "R-1" to an "1-l" zoning district: BEGINNING at a point, said point being the intersection of the City Limit Line of the City of Lubbock as established by Ordinance No. 946, and the west line of Section 1, Block E, G.C. & S.F. Survey, Lubbock County, Texas; THENCE south to a point, said point being the southwest corner of the northwest 1/4 of sad section 1; THENCE east to a point, said point being the southeast corner of the northwest 1/4 cf said Section 1; THENCE north to a point, said point be-'ng te northeast corner of the Northwest 1/4 of said Section 1; THENCE west to a point, said point being in the City Limit Line of the City of Lubbock as established by Ordinance No. 946; THENCE in a southwesterly direction along said City Limit Line, to the point of beginninL. ZONE CASE NO. 623 - Request of Holman Hendrix (For Amos Harper) to change all of Lots 24 and 25, the east 1/2 of Lot 23, and the west 21 12/13 feet of lot 26, Block 17, McCrummen Second Addition to the City of Lubbock, Lubbock County, Texas, from an "R-2" to a "C-2" zoning district. (Vicinity of 24th Street and Avenue Q). The Planning and Zonng Commission recommended to the City Commission that the above request be granted, subject to the following condition: 1. That a solid seven foot masonry fence be constructed along the west property lire for protective screening purposes. /s/ LAVENIA LOWE City Secretary -Treasurer In accordance with the above Notice of Hearing, said hearing was held at 10 o'clock. No citizen appeared either to protest or recommend the zone changes. Yr. Orville Alderson, Director of Planning and Traffic appeared before the City- Commission in support of the zone changes. Motion was made by Commissioner Casey, seconded by Oommissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, that the hearing be closed and zone cases 619 and 620 bey approved as set out in the above Notice. 7-16-168-447 Notion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordiname No. 2148 was passed on first reading: ORDINANCE NO. 2148 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THEFOLLOWING CHANGE: CHANGE LOTS 1 THROUGH 12 INCLUSIVE, AND LOT 25, E. R. LITTLE SUBDIVISION OF CRUMP FIVE ACRES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO A'C-2" ZONING DISTRICT. (VICINITY OF AVENUE Q AND 46 TH STREET). 7-16-168-448 Motion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, non a voting Nay, Ordinance No. 2149 was passed on first reading: ORDINANCE NO. 2149 AN ORDINANCE AMENDING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 620 - A. CHANGE CERTAIN PROPERTY DESCRIBED IN SECTION 1 (&) OFTHIS ORDINANCE FROM AN "R-1" TO A "C-4 " ZONING DISTRICT; B. CHANGE CERTAIN PROPERTY DESCRIBED IN SECTION 1 (B) OF THIS ORDINANCE FROM AN "R-1" TO AN "M-l" ZONING DISTRICT. 7-16-168-449 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to NOT change zone of property in vicinity of 24th Street and Avenue Q, request of Hdman Hendrix (for Amos Harper) -being zone case 623. Baker L 7-16-168-450 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Pro-tech/and Com- missioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2150 was passed on first reading: ORDINANCE NO. 2150 AN ORDINANCE AMENDING SECTION 29-6C(1) OF THE LUBBOCK CITY CODE OF 1955 SO AS TO REVISE PLATTING AGREEMENT REQUIREMENTS AS SET FORTH IN THE BODY OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. 7-16-168-451 Notion by Commissioner Mxey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey aTd Maxey voting Yea, none voting Nay, the following resolution was passed: RFSfN.T"TnN A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE RELEASES TO PERSONS AGAINST WHOM THE CITY HAS CLAIMS FOR DAMAGE NOT EXCEED-ING $500.00 TO CITY PROPERTY WHEN SUCH CLAIMS HAVE BEEN PAID. WHEREAS, in various departments of the City in connection with damage to City property by persons, it becomes necessary to execute releases on behalf of the City of Lubbock when payment is made of such claim, and the Commission finds that it will expedite the handling of the City's business to execute such releases; NOW, THEREFORE, BE IT RESOLVED BY.THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. The City Manager is hereby authorized, upon payment of any claim to the City of Lubbock for/property damage done to property belonging to the City when the City's claim does not exceed $500.00, to execute on behalf of the City, releases coverning such payments. Passed by unanimous vote of the City Cm nission this 28th nay of February, 1957. /s/ S. S. FORREST, JR.,MAYOR ATTEST: /s/ LAVENIA LOWE, City Secretary-Treasurer -16-168-452 Motion by Commissioner Casey, seconded by Commissioner Syrd, motion carried, Mayor Protem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize approval of Municipal Mantenance Agreement between the City and the State Highway Department in connection with maintenance of US Highway 84,87,82, 62,40,116, Farm to Market Highways 1264, 40, 2255 and Slide ^' Road from 50th Street to South City Limits. ` MUNICIPAL MAINTENANCE AGREEMENT (For Maintenance Only) STATE OF TEXAS X COUNTY OF TRAVIS X THIS AGREEMENT made this 28th day of February ,1957, by and between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City of Lubbock , Lubbock County, Texas, (population 71,390 ,1950 Federal Census) acting by and through its duly authorized officers, hereinafter called the "City", party of the second part. W I T N E S S E T H WHEREAS, the City has requested the State to assume maintename on State Highway routes within such city; and WHEREAS, the Legislatwe of the State of Texas did enact Senate Bill No. 415, 46th Legislature, effective May 15, 1939, authorizing and empowering the State Highway Commission in its discretion to enter into contracts or agreements with the governing bodies of incorpo- rated cities, towns, and villages relative to the location, relocation, construction, recon- struction, and maintenance, control, supervision, and regulation of State Highway within or through the corporate limits of such municipalities; and WHEREAS, the general policy of the State Highway Commission provides that the State Highway Department may assist in maintenance, control, supervision, and regulation of any or all State Highway routes through 'Msnicipa$ties with a population of 15,000 or less, and any or all State Highway routes except the congested or downtown sections of those municipalities with a population in excess of 15,000 as shown by the last available Federal Census, conditioned that th a City will enter into agreements with the State for theprpose of determining the liabilities and responsibilities of the parties with reference thereto; and WHEREAS, the State Highway Engineer, acting for in behalf of the State Highway Commission, has made itkiown to the City that the State will assist the city in the maintenance, control supervision, aid regulation of certain State Highway routes within such city, conditioned that the City will enter into agreements with the State for the purpose of determining the liabilide4 and responsibilities of the parties thereto; and WHEREAS, allsuch agreements made with cities, towns, and villages �re for the purpose of maintenance, control, supervision and regulation of State Highway routes, and shall in no way be coaasidered to cover any present or past obligations either real or anticipated concerning such highway routes through municipalities; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreement of the parties hereto to be by them respectively kept and perf6rmed, it is agreed that mainte- nance will be assumed by the State over the specified State Highway routes within said city, as set out in the/following provisions. Coverage 1. State Assumption of maintenance under this agreement covers the State Highway routes and portions thereof which are listed and described as follows: U. S. Highway No. 84 a. Clovis Rcsi from the Northwest city Limits, Southeast to Fourth Street B. Avenue Q from 19th Street, South to the Traffic Circle c. 34th Street from Avenue Q, Fast and Southeast to the Southeast City Limit of Lubbock U. S. Highway No. 87 a. Avenue Q from Clovis Road Northeast to North City Limits b. Avenue A from North City Limit, South through Lubbock to Traffic Circle, thence around Traffic Circle and South to the South City Limit U. S. Highway No. 82 a. Brownfie8 Road at 19th Street thence Northeast to Fourth Street, thence East along Fourt Street, and the Parkway load to U. S. 62, Idalou Road U. S. Highway No. 62 a. From the Brownfield Road at the Southwest City Limit, thence Northeast to 19th Street, thence, East through Lubbock along 19th Street and the Idalou Road to the Northeast City Limit at Baylor Street. F. M. Highway No. 40 a. From Idalou Road, East to the Fast City Limits of Lubbock F. K Highway No. 1264 a. North College Avenue from U. S. Highway No. 84, North to the North City Limits F. M. Highway No. 2255 a. Fourth Street from Brownfield Road West to West City Limit State Highway No. 116 a. West 19th Street from West City Limit East to U.S. 62 at the Brownfield Road Slide Road a. Slide Road from 50th Street to the South City Limit U. S. Highway No. 87 a. Avenue H, from the Ft. Worth & Denver Railway crossing South to the Traffic Circle. b. Avenue H, from its Ave. A connection South to Sanders St. 2. It is mutually agreed that on tho�ortions of City Streets listed below, along which marked highway routes have been located as authorized by tie City, the City shall retain full responsibility and control for maintenance, improvement, and regulations; and the State shall ri not be required or obligated to participate therein, except that -the State is hereby authorized and hereby agrees to erect and maintain normal route markers and directional and destination signs for direction of highway traffic thereon. U. S. Highway No. 84 a. Avenue Q from North of Nineteenth Street to Fourth Street 3. In the event the present system of State Highway routes within the City is changed by cancellation, modified routing, new routes, or change in the City's corporate limits, the State ehall terminate maintenance and this agreement shall become null and void on thaiportion of the routes which are no longer routes of a State Highway; and the full effect and all conditions of this agreement shill apply to the changed routes of the State Highways within the City, unless tie execution of a new agreement on the changed portions of the routes is requeted If by either the City or the State. General Conditions 1. The City hereby agrees and does hereby authorize the state to maintain the State High- way routes covered by this agreement in thokanner set out herein. 2. It is mutually agreed that this agreement shall supplement any existing agreements between the State and the city for the maintenance or construction and maintenance of the highways covered herein and -that this agreement shall supersede such existing agreements only in respect to points of conflict. 3. The City agrees that traffic regulations including speed limits, will be established and fixed by agreement with the State after traffic and engineering surveys have been conducted. 4. The City agrees to prohibit angle parking, except upon written approval by the State after traffic and engineering surveys have been conducted to determine that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. 5. The City agrees to prohibit parking where such restrictions are necessary for satisfactory operation of traffic, by passing ordinances and taking other appropriate action in addition to full compliance with current laws on parking. 6. The City agrees that traffic control devices, such as stop and slow signs, traffic signal lights, parking meters, and other types of devices for traffic control, in rbspect to type i of device, points of installation, and necessity will be fixed by agreement with the Stdo after traffic and engineering surveys have been made. The City agrees that it will not install or maintain or permit the installation or maintenance of any type of traffic control device whiih will affect or influence the utility of the State highway routes without havin3 obtained in writing prior approval of the State. Traffic control devices installed prior to the date of this agreement, and the City agrees to the removal of such device which affect or influence the utility of the State Highway routes unless their continued use is approved in writing by tie State. It is understood that future traffic signal bits installed as a joint project by the City and State will be the subject of a separate agree ment outlining tie responsibilities for installatiodand maintenance. !� 7. It is muttu ally agreed that the City may install and maintain any street 1#1ting system desired by the City provided such installation shall not constitute a hazard to traffic on the State Highways, and provided the City shall pay all costs in its installs ion,mainte- nance, and electrical energy required for its operation, unless other conditions are covered in a separate agreement between the City and the State. Statie's Duties 1. The State agrees to maintain normal route markers and directional and destination signs for direction of highway traffic. 2. The State agrees to maintain center line, lane line, and no -passing barrier line stripes. Any other traffic stiping desired by the City may be placed and maintained by the City subject to the approval of the State. 3. The Stte agrees to mintain the pavement, base, and its support, and to maintain the ncr mat shoulders on those sections where there is no curb and gutter. Citv'�s Duties 1. The City agrees to prohibit the movement of loads over State maintained streets which excee the legal limits for designated State Highways for either weight, length or width except those having proper permits from the State for such movements. 2. The City agrees to prohibit the servicing of vehicles within the normal width of streds and to prolibit signs, except official traffic signs, extending into the streets beyond the curb line, except on any streets and/or portions ofstreets for which an existing agreement between the State and the City specifies the control of sign location, in Mich instances ! those provisions of such agreement covering control of sign location shall remain in full force and effect. 3. The City agrees to prevent future encroachments within the right-of-way of the highway routes and assist in removal of any present encroachments if and when requested by th a Stat96 4. The City agreest to require installations, repairs, removals or adjustments of publicly or privately owned utilities or services to be performed in accord with State Highway Depart- ment specifications and subject to approval of the State; and further agrees topay to the State promptly the cost ofmaking repairs to the subgrade or surfadng made necessary by such work on utilities or services. 5. The City agrees to retain and continue the responsibility for all drainage, except where participation by the State is specifically covered in an agreement between the City and thel State, and to retain and continue its duties of sweeping, flushing, and otherwise keeping the State Highway routes covered herein in a clean and sanitary condition. 6. It is mutually agreed and acknowledged that the City shall retain all functions and responsibilities for maintenance, control, supervision, and regulation which are not specifically described as the responsibility of ft State. 7. The City agrees to prohibit the planting of trees or shrubbery or the creation or constructwr of any otherobstruction within the right-of-way without prior agreement with the State. S. The City agrees to continue its responsibility for proper construction, maintenance, and control of private entrance facilities Indemnification 1. The City agrees, to indemnify the State against any and all damages and claims for damages to adjoining, abutting or other property arising out of or in any manner connected with the maintenance or use of tte State Highway covered herein fcr which the State is or may be liable, and to indemnify the State against any and all court costs, attorneys fees and all expenses in connection with suits for such damages,and, if requested to do so in writin to assist or relieve the State from defending any such suits brought against it. Terminations I� 1. It is understood and agreed between the parties hereto that all obligation of the State created herein to maintain the State Highway routes covered by this agreement shall terminate if sn d when they are no longer routes of State Highways; and further, that should either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this agreement upon thirty days written notice. Said State assumption of maintenance to be effective the date of execution of this agreement by the State Highway Department. IN WITNESS WHEREOF, the parties have hereunto Texas on the 28th day of February, 1957, and the 1957. ATTEST: affixed their signatures, the Cityof Lubbock Highway Department on the day of CITY OF LUBBOCK BY: /s/ S. S. FORREST, JR., Mycr APPROVAL RECOMMENDED: STATE OF TEXAS District Engineer, District Maintenance Engineer Certified as being executed for the purpose and effect of activating and /or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: Note: Tobe executed in triplicate and supported by Municipal BY: maintenance Ordinance and Chief Engineer of Maintenance Operations Certificate of City Secretary 57-16-171-453 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Pro -tern Baker and Commissioners Casey and Maxey voting Yea, none voting Nay, (Commissioner Byrd being absent from the meeting) to authorize the Lubbock Lions Club to hold a parade at 2 P.M., Saturday, March 16, consisting of new cars, in connection with the Lions Club annual Pancake Festival. 57-16-171-454 Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxeywting Yea, none voting Nay, to approve expendi- ture in the amount of $2837.10, being an assessment of 10 cents per water meter. This amount to be paid to the Canadian River Municipal Water Authority Board of Directors to defray expenses while an effort is being made tD insure additional water sales to project Cities. Payment hereby authorized to be made from Water Bond Funds. 57-16-171-455 Motion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Pro'-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none Noting Nay, to authorize expendi- ture of $200.00 from Park Bond Funds fr replanting trees on the Municipal Golf Course. i 57-16-171-456 There was discussion of the request of Lubbock General Athletic Association to operate three concession stands on Avenue Q Park and Hodges Park, but no action was taken. I57-16-171-457 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Pro-tem Baker and Commissioners Casey aid Maxey voting Yea, none voting Nay (Commissioner Byrd bein;, absent from the meeting) to authorize appointment of Lewis Jones, Dean of Men at Texas Technological College, as member cf the Urban Renewal Board. Mr. Jones having charge of off - campus housing. This increasing the Urban Renewal Board from 14 to 15 members. 1157-16-171-458 There was discussion by the City Commission of allowing tenant farmers who farm City owned farms to enter into agreements with -the Federal Government to place a portion of City owned land in the Soil Bank Program on a one year basis. Motion was made by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Pro-tem Baker Land Commissionets Casey and Maxey voting Yea, none voting Nay, (Commissioner Byrd being absent from the meeting) to not allow City farm land to be placed in the Soil Bank Program for the year of 1957. 57-16-171-459 The City Commission, on November 20, 1956 created a temporary Public Transportation Board, naming Burley Carpenter, Chairman; Harry Morris and Wylie Pierce members of this board. The purpose of saidBoard being to work out a new franchise for operation for the City of Lubbock Public bus service, effective February 1, 1957. On January 24, 1957, the City Commission authorized extension of time until March 1, 1957, to receive a report from the Public Trans- portation Committee. On this date, February 28, 1957, the City Commission again considered the report from this committee and notion was made by Commissioner Maxey, seconded by CommissiaW Byrd, motion carried, Mayor Pro-tem. Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to remove the time limit for a report from said Transportation Committee. 57-16-171-460 Motion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Pro-tem �M Baker and Commissioners Byrd, Casey and Maxey voting Yea, noneaiy8ting NV , to approve Change Order No. 2 to contract of Bill's Irrigation Supply for drilling development seven water wells in League 206 , Bailey County, Texas, under W.W.O. 11014, to authorize purchase of 180' of screen f.or .use in the said water wells to be used by independent contractor. Additional funds authorized berg $7,200.00. 57-1E,-171-461 Motion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to approve and authorize payment of Estimate No. 4, to Bill's Irrigation Supply under their contract for drilling and developing seven water wells in League 206, Bailey County, Project No.WWO 11014. Amount of this payment being $7761.53. Hyment hereby authorized to be made from Water Bond Funds. 57-16-171-462 Motion by Commissioner Maxey, seconded by Commis.sioner Casey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2151 was passed on first reading: ORDINANCE NO. 2151 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 16 TH STREET IN THE CITY OF LUBBOCK,TEXAS, AT THE PLACE AND LOCATION 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 ABANDONING OF THE AFORESAID PORTION OF 16TH STREET. 57-16-171-463 Motion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Protem Baker and Commiaioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER TO THE LUBBOCK COTTON OIL COMPANY, A CORPORATION, A WARRANTY DEED ON BEHALF OF THE CITY OF LUBBOCK TO CERTAIN PROPERTY LYING AND BEING SITUATED IN LUBBOCK COUNTY, TEXAS, SAID LAM BEING MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS RESOLUTION. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor BE, and he is hereby authorized End directed to execute on behalf of the City of Lubbock, a Warranty Deed conveying to the Lubbock Cotton Oil Company, a Corporation, the following described property. All that portion of Lots 3, 4, 5, 7, and 8 lying West of the Panhandle and Santa Fe Railway right-of-way and lying East of a line which is 17.5 feet East of and parallel to the West ling of Block 190, Original Town of the City of Lubbock, Texas; and the East 107.5 feet of Lots 9 and 10, Block 190, Original Town of the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the City Secretary -Treasurer shall attest such conveyance, affixing the seal of the City of Lubbock thereto. Ij SECTION 3. THAT after such Deed has been duly executed and properly attested, the same shall be delivered to said Lubbock Cotton Oil Company, a Corporation, upon its payment to the City of Lubbock of th esum of FIVE THOUSAND EIGHT HUNDRED FOURTEEN AND 65/100 ($5,814.65) DOLLARS. Passed by tte Commission this the 28th day of February ,1957. /s/ S. S. FORREST,JR., MAYOR ATTEST: /s/ LAVENIA LOWE City Secretary -Treasurer WARRANTY DEED THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X THAT the CITY OF LUBBOCK, a Home Rule Municipal Corporation in the County of Lubbock, State of Texas, acting by and through its duly elected Mayor S. S. Forrest, Jr., hereunto duly authorized, for and in the consideration of the sum of FIVE THOUSAND EIGHT HUNDRED FOURTEEN AND 65/100 ($5,814.65) DOLLARS, cash to it in hand paid by the LUBBOCK COTTON OIL COMPANY, A corporation, the receipt of which is hereby acknowledged and confessed, has this day GRANTED, SOLD AND CONVEYED and by these presents do GRANT, SELL MD CONVEY unto the said LUBBOCK COTTON OIL COMPANY, a Corporation, all that certain tract or parcel of land located in the City of Lubbock, Lubbock County, Texas, and being more particularly described as follows, to -wit: All that portion of lots 3,4,5, 6, 7, and 8 lying West of the Panhandle and Santa Fe Railway' right of way and lying Fast of g line which is 17.5 feet East of and parallel to the West line of Block 190, Original Town of the City of Lubbock, Lubbock County, Texas, and the East 107.5 feet of Lots 9 and 10, Block 190, Original Town of the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD, the above described premises together with all and stgular, the rights 11 and appurtenances thereto in any wise belonging unto the LUBBOCK COTTON OIL COMPANY, its successor$ and assigns forever; and the CITY OF LUBBOCK does hereby bind itself, its successes and assigns, to warrant and forever defend alYand singular the said premises unto the LUBBOCK COTTON OIL COMPANY a Corporation, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS THE HAND of the CITY OF LUBBOCK, a Home Rule Municipal Corporation, acting by and through its duly elected Mayor, S. S. Forrest, Jr., heretofore duly authorized to execute this instrument this the 28th day of February ,1957. CITY OF LUBBOCK BY /s/ S. S. FORREST,JR. S. S. FORREST, JR., Mayor ATTEST: /s/ LAVENIA LOWE Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS X COUNTY OF LUBBOCK X BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock 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 intrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for th(/purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY .HAND AND SEAL OF OFFICE, this 28th day of February ,1957. Mary Public in and for Texas Lubbock County 7-1-172-464 Motion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution was passed: 1 RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEBD ON BEHALF OF THE CITY OF LUBBOCK TO A CERTAIN PORTION OF 16TH STREET AS MORE PARTICULARLY HEREINAFTER DESCRIBED IN THE BODY OF THIS RESOLUTION. WHEREAS, it has been determined by the City Commission that a certain portion of 16th Street as more particularly described hereafter is no longer needed for street purposes or for public travel; and, WHEREAS, it has been determined by the City Commission of the City of Lubbock that it would be to the Public interest to quit claim its interest in such land to the Lubbock Cotton Oil Company, a Corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock BE and he is hereby authorized ad directed to execute and deliver on behalf of the City of Lubbock a Quit Claim Deed to the L bbock Cotton Oil Company, a Corporation, to the following described land located in the City of Lubbock, Lubbock County, Texas, to -wit: All that portion of 16th Street lying and being situated in the City of Lubbock, Lubbock County, Texas, being described by metes and bounds as follows: BEGINNING at a point 7.5 feet Fast of the Southwest corner of Block 190, Original Town; THENCE East a distance of 35 feet to a point; THENCE South a distance of 75 feet to a point; THENCE West a distance of 35feet to a point; THENCE North a distance of 75 feet to the PLACE OF BEGINNING. SECTION 2. THAT the City Secretary -Treasurer of the City of Lubbock, Texas, shall attest such Quit Claim Deed, affixing tit seal of the City of Lubbock thereto. Passed by the City Commission this the ATTEST: /s/ LAVENIA LOWE City Secretary -Treasurer QUIT CLAIM DEED THE STATE OF TEXAS X COUNTY OF LUBBOCK X 28th day of February 1957. /s/ S. S. FORREST, JR., Mayor KNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK, a Home Rule Municipal Corporation, of the County of Lubbock and State of Texas, for and in consideration of the sum of ,TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration to it in hand paid by the LUBBOCK COTTON OIL COMPANY, A Corporation, receipt of which is hereby acknowledged and confessed, does by these presents BARGAIN, SELL RELEASE, and, FOREVER QUIT CLAIM unto the said LUBBOCK COTTON OIL COMPANY, a Corporation, its successors and assigns, all its right, title and interest in and to that certain tract or parcel of land lying and being situated in the County of lubbak and State of Texas, being described by metes and bounds as follows, to -wit: All that portion of 16th Street lying and being situated in the City of Lubbock, Lubbock County, Texas, being described by metes and bounds as follows: BEGINNING at a point 7.5 feet East of the Southwest corner of Block 1901, Original Town THENCE Fast a distance of 35 feet to a point; THENCE South a distance of 75 feet to a point; THENCE West a distance of 35 feet to a point; THENCE North a distance of 75 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the said premises together with all and singular, the rights, privile2p and appurtenances thereto in any manner belonging utto the said LUBBOCK COTTON OIL COMPANY, a Corporation, its successors and assigns forever so that neither the said CITY OF LUBBOCK nvr its successors and assigns nor any person or persons claiming under it shall at any time hereafter have, claim or demand any right, title, or interest to the aforesaid premises or appurtenances or any part thereof. IN WITNESS WHEREOF the CITY OF LUBBOCK has caused its corporate name to be hereunto subscribed by its Mayor and its duly attested corporate seal to be affixed by its secretary - treasurer, all in the City of Lubbock, Texas, this the 28th day of February ,1957. CITY OF LUBBOCK ATTEST: BY: /s/ S. S. FORREST, JR., /s/ LAVENIA LOWE Mayor City Secretary -Treasurer THE STATE OF TEXAS X COUNTY OF LUBBOCK X BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared S. S. FORREST, JR., Known to uie to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as 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 THE 28th DAY OF February ,1957. Notary Public, Lubbock County,Texas 7-16-174-465 The City Commission considered appointing delegates to represent the City of Lubbock at the Community Planning Council Meetings. Whereupon, Mayor Pro -tern Baker appointed Commissioner Homer G. Maxey and Commissioner O.L. Byrd to serve as delegates from the City of Lubbock to the Community Planning Council. 7-16-174-46._ The following telegram was read in the City Commission meeting ineoi,nection with the sending, by the City of Lubbock, of a delegate to serve as an advisory to the delegation on Airport problems at the %)th Session of the Aerodromes Air Routes and ground Aids Division of the International Civil Aviation Orgainization to be convened in Montreal, Canada on March 12, 1957. VERNON E. THOMPSON, CHAIRMAN LUBBOCK MUNICIPAL AIRPORT BOARD Lubbock, Texas' In connection with the sixth (6th) Session of the Aerodromes Air Routes and Ground Aids Division of the International Civil Aviation Organization to be convened in Montreal, Canada on March 12, 1957 the AAAE has been requested to submit a qualified individual to be a member of the United State delegtion to the meeting. This individual would serve.as an advisor to the delegation on problems associated with the provision of airport facilities. Informal discussions have indicated that E.L. Colby, Director of Aviation, Lubbock, Texas is especially qualified in these matters and was actually proposed as a candidate by AAAE providing he is available for this assignment. Request your earliest advise as to Mlr. Colby's availability for this task which is in the national interes and considered of paramount importance to aviation. Mr. Colby's services would be required for approximately four of the five weeks the meeting will occupy. H. H. HOWELL Commerce Mamber ACC-AGA SUB COMMITTEE CAA After consideration of the information as set out in tte above telegram, motion was made by Com- missioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Pro -tern Baker and Commisskn( Casey and Maxey voting Yea, none voting Nay, (Commissioner Byrd being absent), to authorize E.L. Colby, Director cf Aviation of the Lubbock Msnicipal Airport to attend this meeting. 7-16-174-467 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, non voting Nay, to authorize left turns from Avenue Q onto 16th Street in both North and South bound directions to be prohibited; also to allow vehicles travelling South on Avenue Q to turn East from Avenue Q onto 19th Street. February 28, 1957 7-16-174-468 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements construed by Ellfbtt Taylor, paving contractor, under his contract dated July 26, 1956, designated as G.W.0.2015, and find the improvements on North Flint Avenue known aid designated as Sub -Unit 33 of Unit No. 1865, as listed 6n the final estimate and assessment sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said Avenue, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock and issue assignable certificates against property owners for the respective amounts shown on t;e attached final assessment sheets as being due against them and their respective properties. Yours very truly /s/ JOHN HICKERSON City Engineer Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Pro -tern Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolutions was passed: RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LIWIED. WHEREAS, the City of Lubbock heretofore passed varvus street improvement ordinances and reso- lutions and entered into contract with Elliott Taylor, (G.W.O. 2015) for the making and construction of alley and/or street improvements on portions of numerous streets and/or alleys in said city �M including among others the following: North Flint Avenue from its intersection with a line 21.6 feet North of the North Property Line of the alley North of Harvard Street to its intersection with the North Gutter line of Harvard Street,{ known and designateclas Sub -Unit 33 of Unit Number 1865. AND WHEREAS, the improvements upon the said portions of the abovementioned avenue, have been inspected aid found to have been constructed in accordance with terms of said contract (Q.W.0.2015) THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portion of the abovementioned avenue be, and the same are hereby accepted, and the City Engineer be and is hereby authorized to direct payment of the City's portionsl of cost. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of tie assessments levied against the parcels of property abutting upon the said portion of the avenue listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. III. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 28th DAY OF FEBPUARY, 1957. .s ATTEST: /s/ LAVENIA LOWE City Secretary -Treasurer /s/ S. S. FORREST, JR., Mayor CONSOLIDATED FINAL ESTIMATE SUB -UNIT ACCEPTED FEBRUARY 28, 1957 G. W. 0. 2015 `J unit & Sub -Unit No. Location _ 1865-33 N. Flint; 21.5 feet N. of NPL alley N. of Harvard to NGL Harvard COST ESTIMATES 675.67 S.Y. Paving $1.15/S.Y. 788.62 S.Y. Subgr. @$0.20. S.Y. 382.62 L.F. C & G @$1.50/S.Y. 6.67 S.Y. Alley Ret.._$4.00/S.Y. Contract Cost COST DISTRIBUTION S.Y. S.Y. L.F. S.Y. 675.67 788.62 $ 777.02 157.72 573.93 26.68 $ 1,535.35 382.62 6.67 Unit & Contract P.O. Gpst Unit Complete City Cost due when Sub -Unit No. Cost City to Contr.NOW Unit Com to 1865-33 $1,535.35 $1,209.84 $325.51 57-16-175-469 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2152 was passed on first reading. ORDINANCE NO. 2152 AN ORDINANCE AMENDING CHAPTER 2 OF THE LUBBOCK CITY CODE BY AMENDING SECTIONS 2-72 AND 2-73 OF ARTICLE VIII. SO AS TO PROVIDE FOR FIFTEEN (15) VOTING MEMBERS OF THE URBAN RENEWAL BOARD OF TE CITY OF LUBBOCK: AND PRESCRIBING THE EFFECTIVE DATE OF THIS CR DINANCE. 57-16-175-470 NOTICE TO BIDDERS W. W. 0. 11034 Sealed proposals addressed to the Honorable Mayor and City Commission of Lubbock, Texas, Attention John T. Hickerson, City Engineer, will be received until 10:00 A.M. February 28, 1957, for furnishing all necessary materials, machinery, equipment, superintendence and labor for th e(construction of a frame residence in Bailey County for the City of Lubbock, Owner, Lubbock, Texas. The principal items of work consist of constructing 1700 sq. ft. of frame residence and the necessary appurtenances to construct the residence in accordance with the Plans and Specifications. Residence may be build and moved to site or built on thejob site. Bidders must submit a Cashier's or Certified Check issued by a bank satisfactory to the owner, or a proposal Bond from a reliable Surety Company payable without recourse to the order of the City of Lubbock, Texas in an amount not less than five (5)per cent ofthe largest possible bid submitted as a guaranty that the bidder will enter into a Contract and execute bond and guaranty in the forms provided within ten (10) days after -notice of award of Contract to him.. Bids without the required check or Proposal Bond will not be considered. The successful Bidder must furnish bond on the form provided in the amount of 100% of the total contract price from a Surety Company holding a permit from the State of Texas to act as Surety, or other Surety or SunEties acceptable to the Owner. The Owner reserves the right to reject any or all Lids and to waive formalities. In case of ambiguity or lack of clearness in stating the prices in the bid, the Owner reserves the right to consider the most advantageous construction thereof, or to reject the bid. Unreasonable (or "unbalanced") unit prices will authorize the Owner to reject the bid. Bidders are expected to inspect tL,e site of the work ai,d to inform themselves regarding alt local conditions under which the work is to be done. Copies of the plans and specifications may be secured from the office of t..e City Engineer, Attention is called to the Provisions of the Acts of the 43rd Legislature of the State of Texas, Page 91, Chapter 45, (Art. No. 5159A Civil Statutes, 1925) concerning the wage scale and payment of prevailing rates of wages as established by the Owner. The contractor must abide by the Wage and Hour Laws of the State of Texas and must not pay less than the rate legally prescribed and established for the City of Lubbock by the City Commission. A copy of the applicable wage rates is available from the office of the City Engineer. The project is to be completed and ready for use by May 1, 1957. CITY OF LUBBOCK ATTEST: Owner /s/ LAVENIA LOWE City Secretary -Treasurer /s/ S. S. FORREST, JR., Mayor In accordance with the above Notice to Bidders, bids were received at 10 o'rlock A.M. for construction of a residence in League 206, Bailey County, Texas, W.W.O. 11034. Motion was made by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Pro -tern Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, that the bids be opened and read, whereupon the following bids were opened and read: Bidder Total Bid Charles L. Lenau Lumber Co. of Mileshoe, Texas $12595..00 Bagley and Shepard $12491.00 Hester Construction Company $11921.00 Clendon R. Miller $10350.00 W. E. Medlock $ 9889.00 After consideration of allbids submitted, motion was made by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize acceptance of the bid of W.E. Medlock for construction of this frame residence, it being considered the lowest and best bid. The Mayor being hereby authorized to enter into contract. 7-16-176-471 ADVERTISEMENT FOR BIDS Sealed proposals addressed to It. H.P. Clifton, City Manager, Lubbock, Texas, will be recieved at the City Hall, Lubbock, Texas, until 10 :00 a.m. , Thursday, February 28, 1957, at which time they will be publicly opened and read aloud, for the furnishing of al.l labor, material, and equipment and performing all work required for the construction of a swimming pool, bathouse, bleachers, filter plant and plumbing and electrical work, in accordance with plans and specifi- cations and contract documents as prepared by The Butler -Kimmel Company, -architects. lump Sum proposals will be recieved for the General Construction which will include Plumbing and Electrical Work. Each proposal must be accompanied by a Cashier's Check, Certified Check, or acceptable Bid Bond, for 5% of bid made payable unconditionally to the order of the City of Lubbock as a guaranty that if awarded the contract the bidder will execute the contract and furnish the required bond. Attention is called to the fact teat there must be paid on this project not less than the general prevailing rates of wages which have been established by the City Commission of the City of Lubbock and which are on file in the office of the City Engineer. In case of ambiguity or lack of clearness in, or omissions from the drawings or specifications, the bidder shall notify the Ar,chi.tect & once,. The ARchitect will not be responsible for any oral instructions. All addenda will be written and becom e a part of the contract documents. Plans and specifications may be examined without charge in. the office of the Architect at 412 Avenue M, Lubbock, Texas. One complete set of plans, specifications, and contract documents may be obtained from theoffice of The Butler -Kimmel Company, Architects, '412 Avenue M, Lubbock, Texas, upon the deposit of $50.00 as a guaranty of their safe return. Additional sets may be obtained by payment of a $50.00 deposit for each additional set and refund will be made in the amount of $50.00 Jess,the cost of reproduction of each set returned in good condition. Ehe owner reserves the rift to reject any and all bids and to waive any formalities ad to accept the bid which seems most advantageous to the City of Lubbock's interest. ATTEST: CITY OF LUBBOCK, Owner /s/ LAVENIA LOWE, City Secretary -Treasurer BY: s//s S.S. FORREST, JR., Mayor In accordance with the above Notice to Bidders for construction of a swimming pool in Rodgers Park located between Amherst and Bates Streets and Hartford and Gary Avenues. Mation was made by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Com- missioners Byrd, Casey and Maxey voting Yea, none vcting Nay, that the bids be opened and read, whereupon, the following bids were opened and read. BID TABULATIONS FOR LUBBOCK SWIMMING POOL February 28, 1957 CONTRACTOR BASE BID ALT. 1 ALT 2. ALT 3. ALT. 4 ALT 5. TIME A.P. KASCH 112.000 J 16,342 f 17204 - 10205 f496 -540 140 W. B. ABBOTT 95,923 f 28,982 f 17987 �730 -540 180 HESTER CONST. CO 97,737 -0- -0- - 7000 i1000 -540 -o- J. D. BELL 99,318 -0- -0- - 10,200 J910 -600 180 H. R. BUNDOCK 107,974 -0- -0- -10,200 -0- -540 140 PASCAL PADDOCK 109,950 -0- -0- -10,500 11045 -851 136 After consideration of all bids submitted motion was made by Commissioner Byrd, seconded by Com- missioner Maxey, motion carried, Mayor-Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize acceptance of the bid of W. B. Abbott in the amount of $82,815, being the bid price less alternate, for construction of the swimming pool, the Mayor being hereby authorized to enter into contract. 57-16-177-472 NOTICE TO BIDDERS G.W.O. 10052 Sealed proposals addressed to the lionorable Mayor and City Commission of Lubbock, Texas, attention John T. Hickerson, City Engineer, will be recieved at the office of the City of Lubbock, City Manager, until 10:00 A.M., February 28, 1957, for furnishing all necessary materials, machinery, equipment, superintendence and labor for theconstaction of certain Sanitary Sewer Improvement and appurtenances, all for the City of Lubbock, Owner, Lubbock, Texas. The principal items of work included in this project are the installing of 2642 feet of 2711, 3348 feet of 30" and 9711 feet of 36" standard strength clay sewer pipe together with the necessary manholes and appurtenances. The pipe will be laid in 50th Street from Manhold No. 29 (approximately 100 feet Fast of Avenue C) East to the sewage treatment plat. The maximum depth of cut is 23 feet. The above pipe will be furnished by the City and along the trench situ. Bidders are required to submit a Cashier's or Certified Check issued by a bank satis- factory to the Owner, or a Proposal Bond from a reliable Surety Company, payable without i{ recouse to the order of the City of Txbbock, Texas, in an amount not less than five percent (5%) of thelargest possible bid submitted as a guarantee that the Bidder will enter into a cort ract and execute bond and guaranty in the forms provkded within ten (10) days afte r notico of award of contract to him. If The successful Bidder will be required to furnish bond on the forT provided in the amount of 100% of the total contract price from a Surety Company hiding a permit from the State of Texas to act as Surety, or other Surety or Sureties acceptable to the Owners The owner reserves the right to reject any or all bids and to waive formalities. In case of ambiguity or lack of clearness in stating theprices in the bid, the Owner reserves the right to consider the most advantageous construction thereof, or to reject the bid. Unreason- able (or "Unbalanced") unit prices will authorize the Owner to reject the bid. The Owner reserves tle right to accept the bid considered most advantageous to fte City of Lubbock. Bidders are expected to inspect t:.e site of the work and to inform themselves regarding all local conditions under which the work is to be done. Attention is called to the provisions of tiie Acts of the 43rd Legislature of the State of Texas, page 91, Chapter 45, (Art. No. 5159A Civil Statutes, 1925) concerning the wage scale and payment of prevailing rates of wages as established by the Owner. The Contractor must, abide by the Wage and Hour Law:, of the State of Texas and must not pay less than the rate legally prescribed or as set forth below, whichever is higher. Classification Laborers Pipe Laying Crew Fine Grades Joint Worker Layer bbrtar Mixer Power Equipment Operators Powder Man Truck Drivers Welders Watchman liourley Rates $1.00 1.10 1.10 1.25 1,10 1.50 1.75 1.25 1.50 0.75 Copies of the Plans and Specifications are on file in the office of John T. Hickerson, City Engineer, City Hall, Lubbock, Texas. Copies of these plans and specifications may be secured from the above office upon deposit of $20.00 as a guarantee ofthe safe return of said plans and specifications. The full amount of the deposit will be returned to the Contractor on submission of a bona fide bid on the work or upon returning the plans and specifications immediately after examination. CITY OF LUBBOCK, Owner ATTEST: /s/ LAVENIA LOWE, City Secretary -Treasurer BY /s/ S. S. FORREST, JR., Mayor In accordance with the above Notice to Bidders, motion was made by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Prot em Baker and Commiss ioners Byrd, Casey and Maxey voting Yea, nore votng Nay, that the bids be opened and read, whereupon the bids were opened and read: BID TABULATION ON 50TH STREET. OUTFALL LINE AVENUE C TO TREATMENT PLANT G.W.O. 10052 Bidder Total Bid Ibore Pipe Line $97,724.10 R. B. Hodgson Co. $111,031.45 Roger Smith, Waco, Texas $171,091.66 Panhandle Construction Co. $112,283.05 After consideration of all bids submitted, motion was made by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and maxe3 voting Yea, none voting Nay, to authorize acceptance of the bid of Moore Pipe Line Constructior Company in th6lamout $97724.10, for construction of this 50th Street sanitary sewer outfall line, being from Avenue C to the Sewage Treatment Plant, the Mayor being hereby authorized to enter into contract. 57-16-177-473 Notice having been published for heariig on paving, GWO 730, on February 17, 19 and 20, 1957. This being tte construction of curb and gutter for east Broadway between hate Avenue and its intersection 105.5' East of EPL of Zenith Avenue, being paving unit 1877, said hearing was held on tais date. Several propety owners appeared fo: the hearing. After havin bead all of the Citizens who wished to be head, motion was made by Commissioner Casey, secoied by Commissioner Maxey, motion carried, Mayor Pro-t Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. M3 was passed on first reading. ORDINANCE NO. 2153 . G.W.O. 730 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING A PORTION OF EAST BROADWAY, SUCH PORTION BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AD MADE A PART HEREOF AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. WHEREAS, the City of Lubbock, a Home Rule Municipality, has h retofore ordered that the { hereinbelow mentioned portion of Fast Broadway be improved by th raising, grading, filling and installing concrete curb and gutters on Unit Nos. 1877 and 1878, together with the necessary incidentals and appurtenances, alas provided in the specifications prepared by tie State Highway Department; and arrangement for t e making and construction of such improvements and contract was entered into with the State of Texas,said portions being as follows, to -wit: I� Fast Broadway (south side) from its intersection with the West Gutter Line of Date Avenue to its intersection with a line 105.5' Fast of the East Property Line of Zenith Avenue (North Leg), known and designated as Unit Number 1877. East Broadway (North %de ) from its intersection with the West Gutter Line of Fite Avenue (South Leg) to its intersection with the Fast Property Line of Zenith Avenue, known and designated as Unit Number 1878. WHEREAS, the City Engineer prepared rolls or statements for the improvements in each unit, showing the amounts to be assessed against the various parcels of abutting property, and the owners thereof, and showing other matters and things; and the same were examined by tie City Commission and approved, and a time and place was fixed for hearing to the owners of such abutting property, and to all others in anywise interested, and due and proper notice was given, and such hearing was had and held at the time and place fixed therefore, to -wit: on the 28th day of February 1957, at 11:00 o'clock A.M. in the Commission Room in the City of Lubbock, Texas, and at such hearing all desiring to be heard were fully and fairly heard, and evidence was received and considered and all protests and objections made were considered, and said hearing was in all respects held in the manner provided and required by tin charter and law in force in this City and by the proceedings of the City with reference to such matters, aid the following protests were made concerning the improvements in the units indicated namely: Roland Simpson, representing Rhyne Simpson, apper�eld protesting the improvements because of the inaccessability to part of his property due to th ;section on East Broadway. Mr. Simpson also protested the width of the driveway openings. Sam Strong appeared protesting the width of driveway openings. Jack Alexander appeared protesting the width of driveway openings. G.C. Dowell appeared protesting the proposed assessment against a portion of his property because of the paved access road between his property and the proposed improvements and also protesting the width of the driveway openings. Gordon Hilton, appeared protesting the width of the driveway openings. John Vickers, representing W. J. M. Cunningham and Mr. Henry Rodgers, appeared protesting the width of the driveway openings. And all objections and protests made were fully considered and said hearing was continued from day to day and from time to time until this date, and the City Commission having fullyand fairly heard all parties making any protest and all parties desiring to be heard, and having fully con- sidered all matters presented for consideration, and having fully cornidered all of the evidence, and all pertinent and proper matters is of opinion that the following disposition should be made of such protests and objections, a-d that assessments should be made as herein ordained,THEREFORE, 7-16-178474 Motion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2154 was passe as emergency measure: ORDINANCE NO. 2154 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission of the City of Lubbock finds it is necesaxy to appropirate 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 whiii 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: Sanitary Sewer Bond Funds I The sum $ 102,610.00 For the following purpose: Construction of 50th Street Outfall Line G.W.O. 10052 P-16-178-475 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2155 was passed as emergency measure: ORDIANCE NO. 2155 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission of the City of Lubbock finds it is necessrry 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 COOMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Bond Funds The sum $10,383.45 For the following purpose: W.W.O. 11034 Residence in League 206, Bailey County, Texas 57-16-179-476 Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Maycr Pro-tem Baker and Commissioners Casey, Byrd and Maxey voting Yea, none voting Nay, Ordinance No. 2156 was passes as emergency measure: ORDINANCE NO. 2156 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission of the City of Lubbock finds it is tecessary 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: Water Bond Fund The sum $ 3,143.54 For the followinkurpose: Construction of water lines ahead of paving 6" Stub in York across 35th Street 6" in Raleight from 34th to 38 th Street 4" across Vicksburg Ave at alley North of 19th 57-16-179-477 The City Commission considered passage of Ordinance No. 2147 on second and final reading granting a permit to Vumore Company, a Corporation, to use public ways in the City for the purpose of operating an electronic home Theatre Project. Mr. Jimmy Issac of KDUB TV Station appeared before the City Commission and requested thatthe City Commission preclude the Vumore Company in their permit, from advertising. Motion was made by Commissioner Casey seconded by Commissioner Maxey, motion carried, Mayor Pro -tern Baker an d Commissioners Casey and Maxey voting Yea, none voting Nay, (Commissioner Byrd being absent from the meeting) that Ordinance No. 2147 be passed on second and finalneading. ORD-INANCE NO. 2147 AN ORDINANCE OF THE CITY OF LUBBOCK, GRANTING A PERMIT TO VUMORE COMPANY, A CORPORATION, TO USE PUBLIC WAYS WITHIN THE CORPORATE LIMITS OF THE CITYFOR THE PURPOSE OF OPERATING AN ELECTRONIC HOME THEATER, AS PROVIDED IN SAID PERMIT, FOR A TWENTY YEAR PERIOD, PROVIDING FOR COMPENSATION TO BE PAID TO THE CITY FOR USE OF ITS PUBLIC WAYS AND POLES; PROVIDING THAT THE RIGHTS GRANTED SHALL NOT BE EXCLUSIVE; PROVIDING TYPES OF INSURANCE TO BE MAINTAINED IN FORCE BY THE PERMITEE AND FURTHER AUTHORIZING THE MAYOR TO EXECUTE SAID PERMIT. PERMIT CITY OF LUBBOCK TO VUMORE COMPANY, A CORPORATION SECTION 1. There is hereby granted by the City of Lubbock (herein called City) to the Vumore Company, a corporation, (herein called Grantee), and its successors and assigns the right and privileges for a period of twenty (20) years from the cite of this permit, to con- struct, maintain and operate in the present and future highways, streets and alleys (here called public ways) and other public ways of the City of Lubbock, Texas, and its successors necessary wiring, cables, and other apparatus for the purpose of operating and extending to the citizens of Lubbock, Texas, and the inhabitants thereof, and others, an Electronic Home Theater. There is hereby granted the further right, privilege and authority to the Grantee to lease, rent, or in any other manner obtain the use of such towers, poles, lines, cables and other equipment and facilities from any anal allholders of publiclicense ad franchise within be corporate limits of the City of Lubbock, and to use towers, poles, lines, cables and other such equipment and facilities, subject to all the existing and future texas laws, City Charter provisions, and ordinances and regulations of the City. SECTION 2. The Grantee shall, at all times, make and keep full and complete plats, maps and records showing the exact location of all Electronic Home Theatre equipment placed on, over, or under public ways by the Grantee in the City of Lubbock, Texas. SECTION 3. The Grantee shall defend the City against any lawful claim for injury to any property caused by the Grantee in the construction or operation of its property; and in the event of such determination of such liability shall indemnify the City. The grantee herein, iM successors and assigns, shall indemnify and hold harmless the City of Lubbock,Texas, from any and all liabilities, claims, demand, or judgments growing out of any injury to any person or property as the result of the violation or failure on the part of the Grantee, its succes- sors and assigns, to observe its proper duty, or because of negligence in whole or in part arising out of construction, repair, extension, maintenance or operatin of its equipment of any Wnd or character used in connection with this permit. SECTION 4. All installation of equipment shall be of a permanent nature, durable and in- stAled in accordance with good engineering practice, and of sufficient height to comply with all City regulations, Ordinances and State laws so as not to interfere in any manner with the rights of th4ublic, or public utility organizationq or individual property owners, and shall not interfere with the travel and use of public ways and places by the public, and during the construction, repair or removal thereof, shil not obstruct or impede traffic. SECTION 5. City reserves the right of reasonable regulation of the erection and con- struction ofany work by the Grantee on the public ways and to designate where such works and construction are to be placed and the judgment of the governing body of the City shall be final Grantee shall, when requested by City, make changes in its equipment to conform tothe reasonably necessary requirements of small localized areas, such changes to be properly effected after oral request or written notice therefore. No wiring, cables or otherapparatus shall be installed on any public way until a plat of the proposed location has been filed with and approved by tM City's employee designated by the City Manager. Grantee shall provide at all times and maintain adequ- ately trained and equipped personnel to construct, reconstruct, install, maintain and remove its facilities located on, over, or under public ways of the City, and to render all necessary emergency service to such facilities. 11 SECTION 5. The Grantee shall have the right to assign this permit, subject to the approval of the City Commission of the City of Lubbock by its written resolution. SECTION 7. The Grantee shall procure and furnish and file with the City Secretary and keep it force thefollowing insurance policies: (a) Workmenst compensation insurance in accordance with the laws of the State of Texas. (b) Public liability insurance with limits of not less than $25,000.00 to any one person and $50,000.00 to any one accident. (c) Automobile liability insurance with limits of not less than $25,000.00/ $50,000.00 property damage and public liahlity. (d) Property damage insurance with a limit of not less than $5,000.00 for any one singular accident. Grantee shall provide the insurance required by this section prior to installation of any facility herein provided. SECTION 8. This permit may be forfeited by the City upon the failure or refusal of the Grantee its successors and assigns, to observe the terms and provisions of this pemit. Such forfeiture ma3 be exercised by service of notice upon the Grantee of failure to observe the terms hereof any upor tte refusal, within such reasonable time as may be required by the City Manager, to eliminate and obviate such failure violation. SEG7ION 9.. The Grantee herein shall pay to the City of Lubbock at the City Hall in Lubbock, Texas, as a permit fee and compensation for the rights and privileges granted herein the follow- ing : A sum equal to one,(1) per cent of Grantee's total gross subscriber fee, Less taxes received by Grantee from its customers within the City of Lubbock and other customers, whereever located, which are served through facilities of Grantee located on the City's public ways. In addition thereto the Grantee shall pay to the City ONE AND 75/100 ($1.75) DOLLARS per year rental for each City.owned pole used by Grantee. Such fee and rental shall be paid annually, the first payment to be made on or before Jauary 15, 1958, ardsubsequant payments on or before the 15th day of January of each succeeding year. Such payments are to be paid according to an audit made by a certified Public Accountant and all books of the Grantee shall be maintained in Lubbock, Texas, subject to inspection of tie City's representatives at all reasonable times, for verification. The permit fee and pole rental herein provided for shall be subject to renegotiation after ninety (90) days notice by the City to Grantee provided the permit fee Mall not exceed four per cent of Grantee's gross subscriber fees. The pole rental fee s:lall in additnn to the permit fee. SECTION 10. Grantee shall maintain an office in Lubbock, Texas, hnd all notices herein pro- vided for or otherwise given by the City, shall be given by addressing such notices to Grantee at its last known address in Lubbock, Texas, and placing the same in the United State mail, and notices so posted shall constitute mice to Grantee of all matters contained in said notices. SECTION 11. Grantee shall not abandon any wring, cables, apparatus, equipment, or other facilities and permit the same to remain on any pole belonging to City or any public utility, or otherwise, on any public way of the City but shall promptly remove the same upon abandonment. SECTION 12. Prior to the installation of any facilities upon any public way of the City or pole within the City, Grantee shall provide the City with a good and sufficient bond condidDned for the faithful performance of t:ie terms of this permit, and payment of all fees and rentals as provided for herein. I SECTION 13. Not withstanding any other provision of this permit, the rights and privileges herein granted to Grantee are subject to Grantee complking with all laws, and are futher subject and subordinate to any and all public uses including but not limited to existing and future uses made and to be made of public ways of every kind within the City, and Grantee shall make no agree ments with anyperson or other legal entity which shall in any manner prejudice, or otherwise limit and restir ct the City's exclusive jurisdiction over its public ways and public facilities, and Grantee shall, at its own cost and expense, alter, change, relocate, or remove its wiring, cables apparatus, equipment, and facilities as required by City to meet changing conditions when deemed expedient by the City and where City lines must be adjusted to accomodate Grantee's cables, lbes and equipment, all costs incident thereto shall be paid bo City by Grantee upon demand. Grantee is not authorized to place any poles on any public way, and City owned poles shall be used bj Grantee where feasible. SECTION 14. This permit is not exclusive and nothing herein contained shall be construed to prohibit the City from granting any otherlike privileges to any other firm or corporation. SECTION 15. In the event Grantee renders any complimentary or free service to any "subscriber) or ultimate consumer Grantee shall pay the City the percentage herein provided for, of the curren or established subscriber fee just as if each free consumer was paying the established subscriber fee. SECTION 16. Consumer service herein contemplated shall be made available substantially through the City within two years from January 15, 1957. No advertising or commercials permitted through cables or wires. Executed by the Mayor of the City of Lubbock, Texas, pursuant to and as authorized by Ordi- nance No. 2147 of the City of Lubbock, and this permit is issued subject to all conditions stated therein, this 28th day of February, 1957. ATTEST: /sJ S. S. FORREST, jr., Mayor /s/ LAVENIA LOWE, City Secretary -Treasurer S SEE RESOLUTION QUIT CLAIM DEED HkGE 166--- THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK X THAT the City of Lubbock, a Home Rule Municipal Corporation of the County of Lubbock and State of Texas for and in consideration of the sum of TWO HUNDRED, EIGHTY NINE AND 87/100 ($289.87) DOLLARS to it cash in hand paid by Nortex Hide and Produce Company, Inc., of tae County of Lubbock, State of Texas, receipt of which is hereby acknowledged and con- fessed and othe>fgood and valuable consideration does by these presents Bargain, Sell,Release and forever Quit Claim unto the said Nortex Hide and Produce Company, LLC. , its successors ynd assigns, all its right, title, and interest in and to that certain tract or parcel of land lying and beng situated in the County of Lubbock and State of Texas described as follows,} to -wit: All of that North -South alley in Block 18, Phillis Wheatley Addition lying between 35th and 36th StreEts in the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD said premises together with all and singular the rights, privileges and appurtenances thereto ad in any manner belonging unto the Nortex Hide and Produce Company, Incl. its successors and assigns forever so that neither the said City of Lubbock, nor its successors and assigns nor any person or persons claiming under it shall at any time hereafter have, claim or demand any right, title or interest to the aforesaid premises or appurtenances or any part thereof. IN WITNESS WHEREOF the City of Lubbock has caused its corporate name to hereunto sub- scribed by its Mayor and its duly attested corporate seal to be affixed by its Secretary- Treasurer, all in tle City of Lubbock, Texas this the 28th dW of February, 1957. ATTEST: CITY OF LUBBOCK ( /s/ S. S. FORREST, JR., Mayor 57-16-181-478 /s/ LAVENIA LOWE, City secretary -treasurer SEE ORIGINAL BIDS Bids were read for purchase of street sweeper being bid 2773. IN BID TABULATION j BOOK NO. 1 After consideration of th bids submitted, motion was made by Commissioner G..sey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Max voting Yea, none voting Nay, to authorize acceptance of the bid of Browning -Ferris Machinery Company for purchase of this street sweeper being in the amount of $9995, net. One 1950 Wayne Street sweeper being Traded in. 57-16-181-479 Bids were read for purchase of cast iron water fittings and valve boxes being bid 2778. After consideration of all bids submitted, motion was made by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to euthorirze acceptance of the bid of M.B. M�Kee Company in a total amount of $2159.75 for pir chase of this mataial. 57-16-181-480 Bids were read for purchase of 500, approximately, pounds of liquid Chlorine in 150 lb. cylinders forthe period March 1, 1957 , through February 28, 1958. After consideration of all bids submitted, bids being in the same amount, motion was made byll Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Pro-tem Baler and Commissioners Byrd, Casey and Maxey voting Yea, nore voting Nay, to authczize acceptance of the bid of Coty Chemicals Company for purchase of this years ripply of liquid chlorine. 57-16-181-481 Bids were read for purchase of one one -ton panel truck for use by the Fire Department, being bid 2792. After consideration of the two bids submitted, motion by Commissioner Byrd, seconded by Com- missioner Casey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, nae voting Nay, to authorize acceptance of the bid of J.D. Hufstedler Trucking Company for purchase for purchase of this one tone panel truck, the bid being in the amount of $2537.00 and being the lowest and best bid. 57-16-181-482 Bids were read for purchase of 1 750 gallon pumper truck with miscellaneous accessories for use by the Fire Department, being bid 2795. After consideration of tssebzeco an� a �d,bido$ i lr� �� g' q4g o%Shfak��ket��8k 1 Chief, as set out above, motion y mmissioner xey, sec�in�e y issionerrmotion carried, Mayor Pro-tem Baker and Commissiones Byrd, Casey and Maxey voting Yea, none voting Nay, to a uthatize acceptance of the bid of Mack Fire Apparatus Company for purchase of this pumper truck. 7-16-181-483 Bids were read for purchase of 500 gallons of white traffic paint and 500 gallons yellow traffic paint, being bid 2808. After consideration of all bids submitted, motion by Commissioner Maxey, seconded by Com- missioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, toauthorize purchase of the white traffic paint from the A.C. Horn Company on their price $1.90 per gallon and accept the bid of Sherman -Williams Company for purchase of yellow traffic paint being $2.11 per gallon less 2% discount. C 57-16-182-484 Ibtion by commissioner and Commissioners Byrd, accounts of the City of Mxey, seconded by Commissioner Casey, motion carried, Myor Pro -tern Baker Casey and Mxey voting Yea, none voting Nay, to approve 'over expenditure Lubbock 1956-57 Budget, October 1, 1956, through January 1, 1957. IM �'. 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A 0 H15111 of 1 9 � A , 4 C ptybMA °M k" M F�• �ir• M �) � rF W N tp W pp O 00 OG 8 S 08 8 0 G � � '� •d tT O i-+tO 0► W t�NG t~O QW1 •2J 0 o 0 00 c op oN eN c c e o e opt eft ep ep CTW�GOOF-+000t7�0���-+A•fs00 1.� N W cN~� tN� tCA N ,�p, ODD W�,,� GpNO•d•itTOONNtp���0 o� ohs 0 0 0 0© 0 0 0 0 t 0� t 0� 0 0p� t on 0© 0 t7o 00�1-�O��t�i�0001-+•PROS NO FURTHER BUSINESS CONING UP FOR CONSIDERATION READ AN) APPROVED TEIS THE 14th day of ATTEST: - La ven a e, city Greta y- easurer THE CITY CMMISSION Piarch,1957 . ., qor