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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/26/19391(N REGULAR 1,2ETING. Lubbock, Texas, Oct. 26, 1939. The City Commission of the City of Lubbock, Texas, net at 1:30 P.M. in Regular cession at the Regular Leeting Place in the City Hall, the following members thereof being present, to -wit: Mayor C E Slaton, Commissioners W.G. ItcMillan, W.B. Price, J.A. rortenberry, Hub Jones, City Attorney Durwood H Bradley, Qity A4anager YV H Rodgers and City Secretary Lavenia Williams. Absent: Commissioner Hub Jones. The Minutes of Regular Meeting of October 12th and Recessed 14egular Meetings of Oetoher 17th, October 18th and October 24th, 1939, were read and upon notion by Uommissioner Mcl.iillan, seconded by Connissioner Trice, they were unanimously, approved. This being the date set for hearing on budget for the year 1939-1940, there being no protests rude, upon Motion by Commissioner Lcriillan, seconded by Commissioner Fortenberry, carried unanimously, the hearing was closed and the Budget accepted. Motion by Commissioner Fortenberry, seconded by Commissioner Price, card unanimously, Ordinance No. 631 was passed. ORDIiiANCE NO. 631 AN ORDINAIrE L,EIVYING A TAX UPON ALL PROPERTY SUBJECT T O TAXATION .ZTHIN THE CITY OF LUBBOCK, TE A:;, FOR T13E SU.PdORT OF TIii CITY FOR THE YE)'1R 1939, APPORTIONIi4G SAID LEVY A1.04G Tli4� VARIOUS TUNAS A14D ITi lvk5' FOR ?",IICH REVENUE 11UST BE RAISED, LEVYIIIG All OCCUPATION TAX UPON ALL OCCUPATIONS TAUBLE AN1) FIXING TI-2 TIKE IN WHICH SAID TAXES BE PAID, ASSESSING PEIW LTY AND I 4TE1ba JT FOR THE 11014 PAYI&,'NT OF SUCH T_L�S JITHIN THE TIlrE SLT, AND DECLARING AN EC:I:&RGENCY. Lubbock, Texas, Oct. 26, 1939. Unit # 138 The Honorable hlayor and City Commis s ion Lubbock, Texas Gent 1 eme n : I hand you herewith 55 Paving Certificates on Unit # 138, .Avenue K from the North Property Line of 9th Street to the South Property Line of 4th Street, plus 1/3 9th Street intersection, this being all the certif icates on this unit except 6, which are leaveouts. 'ihe total of these 55 paving certificates is 94966.24, which is the amount of the final assessment less 25 o credit f or W.P.A. funds. I recommend the acceptance of this Unit as being completed in accordance with the plans and specifications and that the 55 raving Certificates be signed and issued. Yours very truly, 1:I x omi th , Jr. , l: R :with, Jr. , CITY ENGIHEER. 11RS/H Lubbock, Texas Oct. 26, 19319. Unit # 159. The Honorable Mayor and City Cor_lmission, Lubbock, Texas. Gentlemen: I hand you herewith 22 Paving Certificates on Unit ;j 159, Avenue � from the South Property Line of 19th Street to the North rroperty Line of 21st Street, this being all the certificates on this unit except 2, which are leaveouts. The net total of these 22 Paving Certificates is $2595.99, which is the amount of the final assessment less 251,10 credit for W.P.A. funds. I recommend the acceptance of this Cnit as being completed in accordance) with the plans and specifications and that the 22 Paving Certificates be signed and issued. Yours very truly, 11 R Sraith, Jr., City Lngineer. ly Lubbock, Texas, October 26, 1939. Unit # 198. The Honorable Mayor and City Connission, Lubbock, Texas Gentlemen: I hand you herewith 10 Paving Certificates on Unit # 198, 8th Street from the Jest Property Line of Avenue L to the last Property Line of Avenue M. this being all the certificates on this Unit. The net total of these 10 Paving Certificates is 9"1916.28, which is the amount of the final assessment less 25jo credit for W.P. A. funds. I recorimend the acceptance of this Unit as being completed in accordance with the plans and specifications and that the 10 Waving Certificates be signed and issued. Yours very truly, Psi R Sr.�ith, Jr. M R Smith, Jr. , CITY ENGITdEER. Pit S/H -Lubbock, Texas, Oct. 26, 1939. Unit # 199. The Honorable 1 ay or and City Corimis sio n, -Lubbock, Texas . Gentlemen: I hand you herewith 6 Paving Certificates on Unit # 199, 8th Street frcm the ;lest Property Line of Avenue M to the East property Line of Avenue 0, this being all the certificates on this Unit except 4, which are leaveouts. 'ihe net total of these 6 Paving Certificates is V'994.70, which is the amount of the final assessment less 25jo credit for 111.2.A. funds. I recommend the acceptance of this Unit as being completed in accordance with the plans and specifications ana that the 6 raving Certificates be signed and issued. Yours very truly, i:S R Smith,�,r. 11� R Smith, Jr. , CITY EATGIITEER . MRS/H LUBBOCK, Texas, Oct. 26 , 1939. Unit # 203. 'jne Honorable Mayor and City Cor-nission, Lubbock, Texas. Gen tl e me n : I hand you herewith 18 Waving Certificates on Unit # 2031 4th :street from the East Propert;;- Line of Avenue J to the tijest itoperty Line of Avenue 0, this being all the certificates on this Unit except 1, which is a leaveout. The net total of these 18 Paving Certificates is 416887.61, which is the amount of the final assessment less 25jo credit for W.P.A. funds. I recommend the acceptance of this Unit as being completed in accordance with the plans and specifications and that the 18 Paving Certificates be signed and issued. Yours very truly, 11 R Smith, Jr. P� R Smith, Jr. , CITY MTGIIMER. ERS/H 20 Lubbock, Texas, October 26, 1939. Unit # 210 . The Iionorabl e Kayo r and "i ty Commission, Lubbock, 'texas Gentlemen: I hand you herewith 13 Waving C ertif icates on Unit # 210, hvenue 0 from the South Property Line of 6th Street to the north -Property Line of 7th Street, this being all the certificates on this Unit. The net total of these 13 raving ''ertificates is :)?867.82, which is the amount of the final assessment less 25%o credit for W.r.A. funds. I recommend the acceptance of this Unit as being completed in accordance with the plans and specifications and that the 13 Paving Certificates be signed and issued. Yours very truly, M t► Smith , J r . , I!i 11 Onith, Jr., CITY ENGIIEM. IvMS/H Lubbock, Texas, "ctober 26, 1939. Unit i' 243. The Honorable mayor and 1,ity `ommission, Lubbock, Texas Gentlemen: I hand you herewith 31 Paving Certificates on unit 243, Avenue N from the South Property Line of 4th Street to the North Property line of 7th Street, this being all the certificates on this Unit, except 3, which are leaveouts. The net total of these 31 Waving Certificates is 42820.17, which is the amount of the final assessment less 25% credit for J.P.A. funds. 1 recommend the acceptance of this Unit as being completed in accordance with the plans and specifications and that the 31 Paving Certificates be signed and issued. Yours very truly, rT R Smith, Jr. , 1.1 R Smith, Jr., CITY ENGINEER. Lubbock, Texas Unit # 244. Oct. 26, 1939 . The Honorable Mayor anq City u ommis s ion , Lubbock, Texas. Gentlemen: I hand you herewith 16 Waving Certificates on Unit if 244, Avenue N from the South Property Line of 7th Street to the North Property Line of 8th Street, this being all the certificates on this Unit. The net total of these 16 Paving Uertif icates is �855.65, which is the amount of the final assessment less 25fo credit for 11.11.A. funds. I recommend the acceptance of -UhLis Unit as being completed in accordance with the plans and specifications and that the 16 Paving Certificates be signed and issued. Yours very truly, Y' R Smith,dr. M R Smith, Jr., CITY MGINLLR IVMS/H %1 Lubbock, Texas, Oct. 26, 1939. Unit # 245. The Honorable Kayor and City Cormlission, Lubbock , Te xa s Gentlemen: I hand you herewith 7 raving Certificates on Unit # 245, Avenue N from the youth Property iine of 8th Street to the North rroperty Line of 9th Street, this being all the certificates on this Unit. The net total of these 7 Paving Certificates is 9"767.58, which is the amount of the final assessment less 25jo credit for W.P.A. funds. I recommend the acceptance of this unit as being completed in accordance with the plans and specifications and that the 7 Paving Certificates be signed and issued. Yours very truly, I+j R ►;smith, Jr. M R Smith, Jr., C ITY ENGIIJI;ER. hMS/H Lubbock, Texas, Oct. 26, 1939. Unit h� 2 46 . The Honorable Playor and City Uomi�is sio n, Lubbock, Texas. Gent 1 en en: I hand you herewith 10 Paving Certificates on Unit # 246, Avenue N, fror: the South Property Line of 9th Street to the North Property Line of loth Street, this being all the certificates on this Unit except 1, which is a leaveout. The net total of these 10 Paving Oertificates is 4634.33, which is the amount of the final assessment less 25%o credit for W.P.A. funds. I recommend the acceptance of this Unit as being completed in accordance with the Plans and Specifications and that the 10 t'aving Certificates be signed and issued. Yours very truly, Iv! R Smith, rr. , 11 R Smith, Jr. , CITY ETTGI12ER. I IRS/H Lubbock, Texas, Oct. 26, 1939. Unit # 247. The Honorable 11-layor and City Conmission, Lubbock, Texas. Gent 1 eme n : I hand you herewith 7 Paving Certificates on Unit # 247, Avenue N from the South Property Line of loth -Street to the Aorth property Line of Main Street, t1 is being all the certificates on this Unit. "be net total of these 7 Paving Certificates is lip747.08, which is the amot-Lnt of the final assessment less 25jo credit for W.P.A. Funds. I recommend the acceptance of this Unit as being completed in accordance with the plans and specifications and that the 7 Paving Certificates be signed and issued. Yours very truly, 1-1 R bmith, Jr. , Ii. R.Smith,Jr., CITY ENGI_d + +R. 22 Lubbock, Texas Oct. 26, 1939. Unit # 248. The Honorable Mayor and City �;omr.�ission, Lubbock, Texas. Gent lease n : I hand you herewith 11 Paving Certificates on Unit # 248, Avenue L from the South Property Line of 7th Street to the North Property Line of 8th Street, this being all the Certificates on this Unit. The net total of these 11 raving Uertificates is 016.71, which is the amount of the final assessment less 25% credit for W.P.A. funds. I recommend the acceptance of this Unit as being completed in accord- ance with the plans and specifications and tYr. t the 11 Paving certificates be signed and issued. Yours very truly, L R Smith,Jr. Id 1i 5mith, Jr. , CITY ENG INFER. NRS/H Lubbock, Texas, Oct. 26, 1939. Unit # 249. The Honorable hayor and City `'omnission, Lubbock, Texas Gent lease n : I hand you herewith 8 Paving Certificates on Unit # 249, Avenue L from the South Property Line of 8th Street to the I1�rth Property Line of 9th Street, this being all the certificates on this Unit. The net total of these 8 Paving Certificates is 4779.56, which is the amount of the finallassessnent less 25% credit for 7I.P.!1. Funds. I recommend the acceptance of this 'Unit as being completed in accord- ance with the plans and specifications and that the 8 Paving Certificates be signed and issued. Yours very truly, KRS/Fi 11 R wraith , Jr . , rig R Smith , Jr . , CITY ENGINEER. Lubbock, 'Texas, Oct. 26, 1939. Unit # 250. The Honorable Mayor and Uity Corirais si on, Lubbock, Texas Gentlemen: I hand you herewith 9 Paving Certificates on Unit # 250, Avenue L frm the South Pro -)erty Line of 9th Street to the North r'roperty Line of loth Street, this being all the certificates on this Unit. The net total of these .9 Paving Certificates is 4851.64, which is the amount of the final assessment less 25%o credit for W.P.A. funds. I recommend the acceptance of this Unit as being completed in accord- ance with the plans and specifications and that the 9 Paving Uertificates be signed and issued. 1JRS/H Yours very truly, P.: R Smith, Jr.. IL R Smith, Jr., CITY ENGIIiEER. ;Z6 Lubbock, Texas, Oct. 26, 1939. Unit # 251.. The Honorable r,:ayor and City Connission, Lubbock, Te xa s i Gentlemen: I hand you herewith 26 Paving Certificates on Unit # 251, Avenue L from the South Property Line of 16th Street to the ldorth Property Line of 19th Street, this being all the certificates on this unit except 1, which is a leaveout. The net total of these 26 Paving certificates is 42802.59, which is the amount of the final assessment less 25`% credit for W.P.A. funds. I recommend the acceptance of this Unit as being completed in accordance with the Plans and Specifications and that the 26 Paving Certificates be signed and issued. Yours very truly, 2. R Smith, Jr. , M" R Sri ith, Jr. , uI TY MIG IMM . hR S/H Lubbock, Texas, Uct. 26, 1939. Unit # 275. The Honorable Mayor and City Uorgnission, Lubbock, Texas. uentlemen: I hand you herewith 4 laving Certificates on Unit m 275, Mlonroe Avenue from the :mouth Pavement Line of 19th Street to the idorth eroperty Life of _ 20th Street, this being all the certificates on this Unit. The net total of these 4 laving Certificates is �1014.30, which is the amount of the final assessment less 25 o credit for W.P.A. funds. I recommend the acceptance of this Unit as being completed in accordance with the Plans and Specifications and that the 4 Waving Certificates be signed and issued. Yours very truly, T;i R Smith , Jr. , Tu R Smith, Jr. , CITY ENGINEER. TM/H Lubbock, 'Texas, October 26, 1939. Unit ## 276. The Honorable Mayor and Uity �,omnission, Lubbock, Texas Gent lenient I hand you herewith 4 Paving Uertificates on Unit # 276, tlionroe Avenue from the South Property Line of 20th Street to the North Property -amine of 21st Street, this being all the certificates on this Unit. The net total of these 4 Paving Certificates is 4759.89, which is the amount of the final assessment less 25�o credit for W.P.A. funds. I recommend the acceptance of this Unit as being completed in accordance with the Plans and Specifications, and that the 4 Paving Certificates be signed and issued. Yours very truly, r. R Smith, Jr. 1:1 R Smith, Jr. , CITY ENGINE.M . IRS/H 24 Lubbock. , Texas, Oct. 26, 1939. Unit ff 67. The Honorable Mayor and City Cormission, Lubbock, Texas. Gentlemen: I hand you herewith 1 Paving Certificate on Unit it 67, 13th Street from the :"Test Property Line of Avenue V to the last Property Line of College Ave. , this being a leaveout at the time the unit was originally paved. The net total of this Certificate is 79.00, which is the amount of the final assessment less 2%o credit for W.P.A. funds. I recommend the acceptance of this work as being completed in accordance with the plans and specifications and the paving certificate be signed and issued. Yours very truly, 11.R.Smith, Jr. , Y1 R Smith, Jr., CITY ENGINEER. 11RS/H Lotion by Commissioner Price, seconded by Commissioner McMillan, the follow- ing Resolution carried unanimously. RESOLUTION RESOLUTION ACCEPTING IMPRO E1'.IENTS ON PORTIONS OF kY2i TUE K AIZ SUNDRY OTHER STR.,TS AND AVENUES AND ALLEYS AND ORDER DT G "LT:U ISSUANCE OF CERTIFIC A.TES IN EVIDENCE OF ASSESSP:IE TS LEVIED.. ia WHEREAS, The City of Lubbock heretofore passed various street improvement ordinances and resolutions, and entered into contract with the property owners for the making and construdtion of street improvements on portions of numerous streets, avenues and alleys, in said City, including among others the following: Avenue b fram N.P.L. 9th Street to the S.P.L. 4th Street, Plus 1/3 of 9th Street Intersection, known and designated as Unit or District No. 138. Avenue "4", from S.P.L. 19th street to the NPL. of 21st :street known and designated as Unit or District No. 159. 8th Street from the W.P.L. Avenue YI to the E.P.L. Avenue P:l, known and designated as unit or District No. 198. 8th Street from the W.P.L. Avenue N to the E.P.L. Avenue 0, known and designated as Unit or District Ido. 199. 4th Street from the E.P.L. Avenue J to the .I.P.L. Avenue 0, known and designated as Unit or District No. 203. Avenue 0 from the S.P.L. 6th Street to the N.P.L. 7th 6treet, known and designated as Unit or District No. 210. Avenue N. from the S.P.L. 7th Street, to the N.P.L. 8th otreet, known and designated as Unit or District No. 244. Avenue N, from the S.P.L. 4th Street, to the N.P.L. 7th Street, knaAin and designated as Unit or District No. 243. Avenue N, frcm the S.P.L. 8th Street, to the N.P.L. 9th ►street, known and designated as Unit or District No. 245. Avenue N, from the S.P.L. 9th Street, to the N.P.L. loth Street, known and designated as Unit or District No. 246. Avenue N, from the S.Y.L. 10th Street, to the N.P.L. irlain �tre��t, known and designated as Unit or District No. 247. Avenue L, from the S.P.L. 7th Street, to the N.P.L. 8th -itreet, known and designated as Unit or District No. 248. ;�O V Avenue L. from the S.P.L. 8th Street, to the N.P.L. 9th 6treet, known and designated as Unit or District No. 249. Avenue L, fron the S.P.L. 9th Jtreet, to the N.P.L. loth Street, known and designated as Unit or District ITo. 250. Avenue L, from the S.P.L. 16th Ltreet, to the N.P.L. 19th Ltreet, known and designated as Unit or Listrict No. 25j. Monroe Avenue , from the mouth -eavement Line of 19th Street, to the N.P.L. 20th --Street, known and designated as Unit or District Ao. 275. Monroe Avenue, from the S.-P.L. 20th Street, to the N.P.L. 21st Street, known and designated as Unit or Listrict No. 276. 13th Street, from the W.P.L. Avenue V, to the E.P.L. College Avenue, known and designated as Unit or District No. 67. :EMEAS, the improvements upon the said portions of 13th Street, Avenue K, Avenue Q, Avenue 0, avenue N, Avenue L, I1onroe Avenue, 8th Street, and 4th ►street, have been completed and have been inspected and found to have been constructed in accordance with the terms of said contract; {{ THEREFORE, BE IT RESOLVED BY TIM, CITY OF LUBBOCK, Tlvr,S: I I. That the improvements on said portion of Avenue K, A;.enue "Q", Avenue 0, Avenue N. Avenue L, Monroe Avenue, 8th Street, 4th ►"treet, and 13th Street, be and the same are hereby accepted. II. That the Mayor and City Secretary be and they are hereby instructed to execute and caliver certificates in evidence of the assessments levied against the parcels of property alutting upon the said portion of Avenue K. Avenue Q, Avenue 0, :venue IT, i%-venue L, T.Ionroe Avenue, 8th Street, 4th Street, and 13th Street, end against the owners of such property in accordance with lrw and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments. III. This Resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED this the 26th day of October, A.D. 1939. C E Slaton 14ayo r — Attest: Lavenia Williams T ityySe cretary . H.R. Brown requested the U it y to pur cha se Lot 3, Block 6, Flynn Addition to the City of Lubbock, at a price of $185.00, in order to open alley. There was discussion and it was unanimously agreed to not purchase this piece of land. Motion by '�onnissiorer Price, seconded by Cornissioner Fortenberry, carried urianinously, to charge off personal tax of C.:L. Eaves for the years 1931 and 1932 in the amount of J4.05, I,%r. Eaves not having lived in Lubbock these y ears . There was a request for the City to furnish Electric `Iurrent and eater for the Girl Scouts, and the request disallowed. Motion by Commissioner Price, seconded by Commissioner T4icl.,illan, carried unanimously, to authorize Layor Slaton to execute Pipe Line yicense Agreement with Santa Fe Railway Uompany for 2" line to T:Iexican -'ark. Claim of R.A. heath for 45,000.00 account damage from ''ewage Operation was presented to the City Uorzaission. 'There was discussion and the claim disallowed. Peti#nn was presented to the Commission requesting Parking Teeters on Avenue L, from Hain -treet to Broadway, east side only, and the oity Attorney was instructed to draw Ordinance to authorize these parking meters, and present to the Uommission at their next ReLular Leeting. %h u Motion b3 Oommissioner LAck-illan, seconded by Oorimissioner rfortenberry, carried unanimously, the following bonds were approved and ordered filed. A. G. 11.:cl,•,ath General "ontractor's -uond Clyde Ezekiel General Oontractor's bond Carl E. Maxey General Contractor's bond A H Skinner General "ontractor's Bond J b L-cCrary Sub Contractor's bond Dan Lacy Gas ` itter's bond V R Plummer Tar. Collector's Dond - ilidei.ity Fond E C Young Deputy Tax .collector - iidelity bond J v Thomas Clerk - Fidelity Job nd Motion bi'r Commissioner Fortenberry, seconded by Commissioner L.clZillan, carried unanimously, Ordinance No. 629 passed Second and -final "'eading. ORDINANCE No. 629 AN ORDINANCE CRaMING AND ESTABLISHING A ZONING CO13'_ISSION ?OR THE CITY OF LUBBOCK AS PROVIDED IN ARTICLES 1011A TO 1011J, INCLUSIVE, TITLE ONE CHAPTER 28 OF THE REVISED CIVIL STATUTES OF TIUi,' STATE OF TEXAS Alm PRESCRIBING THE QUALIFICATIOivS. OF 1,31,:BMS AITD THE DUTIES OLD' SAID ZONING COL11.11SSI0N. Motion by commissioner Price, seconded by Oomissioner -d'ortenberry, carried unanimously, to appoint the following men to serve on the Zoning 'lommission, in accordance with Ordinance Ivo. 629. Wesley Read iloner D. Grant J Fi Liurdough Thos. B. Duggan, Jr. S.H. Reid, Jr. G BE IT REIMBERIM that on this the 26th day of October, A.D. 1939, the City Uonnission of the City of Lubbock, 'Texas, net in regular session in the Commission room at the City Hall, and the following Resolution, upon notion of Conmissioner J A Yortenberry and second of Commissioner W B Price, was duly passed. dMZZEAS, the Mackenzie State Park located in the County of brbbock and adjacent to said City of Lubbock, Texas, is now undergoing ocess of improvements; and ►RHEAS , the State narks Board has nade a proposition to lease to W.G. McNiillan the Golf course and golf concessions in said Mackenzie State lark; and WHEREAS, it is eontempl, ted that at scene time in the future the City of-ubbock may became the owner of a lease or concessions on said Mackenzie State Park; and i;HEREAS, it is desired by the estate Parks Board CoLriission that its proposed lease to 11 G 1,ickillan be submitted to this Com- mission for its endorsement and approval. THEREFORE, BE IT RESOLVED BY TIIE CITY C OL9:IISS ION OF TIta CITY OF LUBBOCK, TEXAS, that the proposed lease as submitted to this Commission on this the date named above, be and the same is hereby approved as in all things satisfactory to the City Uonnission of the City of Lubbock, 'Texas. _ C E Slat on _ Mayor, o f the O�ty o f Lubbock, Texas. Attest: Lavenia 'Villiarrs Cry ecretary THE STATE OF TEXAS Q COUNTY OF LUBBOCK Q KNOW ALL 1.23N B" THESE ME6EIJTS : That we, the Texas State Parks Board, acting by and through its duly authorized Chairman, 'dendell Mayes, as Tarty of the first Part and Yv G Mclaillan of Lubbock, Texas, as Party of the Second Part, have entered into the following contract and agreement: 1"irst, the Texas State iJ�rks Board hereby leases and lets unto the Party of the Second Part the right to operate the golf course and golf clubhouse and concessions thereof in the Laciienzie -Mate Park for a period of fifteen year:.;, beginning Lay 1, 1940, subject to the conditions and provisions of this contract. Second, in consideration of this lease by the State Parks r3oard, -Party of the Second fart agrees to completely equip the golf course with grass greens, to pay all of the operating expenses connected with the golf course, to pay for the water used on the course, and to see that it is properly watered at all times, to furnish the golf clubhouse with lockers and other equipment not installed by the CCC or the State Parks Board, to operate this clubhouse with an adequate staff at all times and to keep all walls, floors, painting, fixtures, plumbing, etc., in repair, to charge reasonable fees for services in connection with the operation of the golf course and to conduct the golf course and clubhouse in such a manner that it will reflect no discredit on the State 'ark System. It is further agreed that a strict account and record of expenditures made by Warty of the Second Part in developing the golf course and clubhouse shall be kept by said Party of the Second kart and at all times be open to inspection by Party of the V'irst Part. All such expenditures to be approved or disapproved by Honorable Kennedy N. Clapp, i-enber of the State Parks Board and Superintendent Kelso Vernor. The total of approved expenditures for constructing or equipping the golf course and clubhouse shall be made within one year from the beginning of the lease, and shall be considered the invest- nent of Party of the Second Fart. No money spent for maintenance shall be considered an investment for the purpose of this contract. Each month during which the contract runs the Party of the Second Part agrees to keep a record of all sales and services, fee and charges, and furnish a copy of said record to the State narks Board. rive percent of all sales and fifteen percent of all fees, charges, services and the like shall be paid to the tarty of the Second Part and be deducted from the amount he has invested as previously set out. He shall keep a complete set of books which shall be accessible to the Parks Board Eembers or employees at all tines. It is further understood and agreed that this percentage shall amount to a minimum of 41200.00 per year to be deducted from the investment, and that the investment shall not amount to more than 4153,000.00. It is also specifically agreed that the golf course and clubhouse will be operated in accordance with the rules and regulations of the estate Parks Board now in effect or which shall take effect in the future and any violation of these rules or any violation of the terns of this agreement shall render it null and void and the Texas State Parks Board shall have the right in such an event to enter into the park and take over the operation, management and control of the golf course and clubhouse by accounting to the -arty of the Second Part for the amount still due him on his investment. dhen the percentage paid in to Part,,, of the '.3econd Part to reimburse him for his expenditures shall ;lave amounted to the total investment without interest, the percenttage shall be paid to the -state narks -board each nonth during the term of the contract. The State -,arks -board or the City of Lubbock is also specifically given the power to reimburse Party of the Second Part for :iis approved expenditures at any time and receive the full five and fifteen percent as above set out. The investment in approved expenditures shall never draw interest and shall never constitute a debt or claim in any manner against the State of Texas or the State Parks Board. All purchases of equipment, pipe lines, sprinkler system, clubhouse furniture and the like shall become the propert;r of the State Parks Board upon their installation on the course or in the clubhouse and Party of the Second Part shall have no right to execute any Mortgage upon them or in any wise borrow money using the golf course or clubhouse equipment as collateral. It is also specifically understood that the Party of the Second Fart shall not make any sub-leass or assignment agreement which does not meet with the approval of the Texas State Parks Board and the Parks Board is given the right to demand and receive the resignation or discharge of any employee whose character or actions are such that they are a discredit to the `Texas Parks Board. Sale of intoxicating liquors or display or use of gambling devices in the clubhouse or the State Park boundaries by the -'arty of the Second Fart shall be sufficient grounds for termination of this contract. It is understood and agreed that in the event the Texas 6tate Parks Board should at any time in the future, during the life of this lease, lease the land composing the Aackenzie State -'ark in Lubbock County, Texas, to the City of Lubbock or to any person, firm Association or corporation, that said lease shall be made subject to the terms and conditions of this lease , and that the rights of W.G. Llcl;-illan, Second Party, shall be b;- the terns of such lease, if executed by first party, fully protected as to the rights herein granted to the said W G Mcl,li llan. It is understood and agreed by and between the parties hereto that this lease cannot be assigned by second party without the written consent of first party, and that if at any time in the future second party desires to transfer and assign this lease, that the Uity of Lubbock, Texas, is hereby given first right to purchase said lease from said second party, provided the City of iubbock and the said W.G. Z(M i At the end of the fifteen year period, this lease shall terminate and the Party of the ri rst Part shall be the owner of the entire golf course, clubhouse and all improvements made by either party, free and clear of any indebtedness which may be outstanding against Party of the Second Part at such time. It is also agreed that at any time in the future when the City of Lubbock is maintaining the park under a blanket lease of all the concessions except those covered by this contract, that the Texas State Parks Board will include its rights under this contract in the lease to the City, and the City of Lubbock will have the same right under this contract as the State i'arks Board. Witness our hands this the 5th day of October, A.D. 1939. TEXAS STATE PAIUw BOARD By w I-Ve nde l l Ma_ye s Chairman Party o"-' the First Fart. tit G McMillan W G Kc •-illan Party of the Second Part _ Approved for the City of Lubbock By `C E Sl-qton Mayor Ido further business coming up for consideration, the City Commission adjourned. lie -ad and approved this the 9th day of Woveznbgr ^ 1939. r'-ity Secretary.. � �W; = j5i: 4 "—R5 � = = M