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Minutes - City Council - Regular - 11/20/1956
Lubbock, Texas November 20, 1956 REGULAR 4EETING The City Commission of the City of Lubbock, Texas met at 9 oFclock A.M. in regular session at the regular meeting place in the City Hall, the following members thereof being present; Mayor Pro -tern Lennis Baker, commissioners Q.L. Byrd, David Casey and Homer Maxey, City Manager H.P. Clifton, City Attorney Vaughn E. Wilson, City Secretary -treasurer Lavenia Lowe. Absent; Mayor S.S. Forrest, Jr., Invocation was given by City A;anager H.P. Clifton. 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 City Commission minutes of regular meeting November 8, 1956 were approved. 6-16-36-89 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, Ordinance No. 2056 was passed on second and final reading. ORDLVAI'CE NO. 2056 AN ORDINANCE AlRTDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL IL AP OF THE CITY OF LUBBOCK SO AS TO IWM THE FOLLOWING CHANGES: ZONE CASE NO. 596 -CHARGE LOTS 1,2, A°'D 3, BIrOCK 119, OVER - TON ADDITION TO THE CITY.OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "R-3" ZONING DISTRICT. ( VICINITY OF AVENUE R MID IOTH STREET). 56-16-37-90 Motion by Commissioner Casey, seconded by Byrd, motion carried, Mayor Pro-tem Baker and Commissioner Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2057 was passed on second and final readin. ORDINANCE NO. 2057 AN ORDINANCE SUPPLEMENTING AND AMENDING ZONING ORDr4ANCE NO. 1695 AS AlmVDED; AND EXTENDING, SUPPLEMENTING AND AMENDINr THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK, $0 THAT THE,HEREINAFTER DESCRIBED AREA, WHICH WAS NOT CONTAINED OR INCLUDED IN.THE OFFICIAL ZONING REAP OF.THE CITY OF LUBBOCK UPON THE EFFECTIVE DATE OF SAID ORDINANCE NO. 1695 AS ORIGINALLY MACTED, SHALL BE SUBJECT TO ALL OF THE PERTINENT PROVISIONS CONTAINED IN SAID ZONING ORDINANCE NO. 1695, AS AMENDED, AND SHALL BE INCLUDED AND CONTAINED IN THE OFFICIAL ZON_-NG MAP OF THE CITY OF LUBBOCK, IN THE ZONING DISTRICT HEREINAFTER.SET FORTH.AS FOLLOWS: ZONE CASE NO. 598 - TO PLACE ALL THAT AREA PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF 7'IS ORDINANCE, WHICH WAS ANNEXED TO THE CITY. ON FEBRUARY 28,1956, BY ORDLvANiCE NO. 1818, IN AN "R-1" ZONING DISTRICT. 56-16-37-91 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd , Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2058 was passed on second and final reading: ORDINANCE NO. 2058 AN ORDINANCE SUPPLEMENTING AND A�=ING ZONING ORDINANCE NO. 1695 AS A111EVDED: AND EXTENDING, SUPPLEMENTING AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK, SO THAT THE I=L�AFTER DESCRIBED AREA, WHICH WAS NOT CONTAL'..ED OR INCLUDED IN THE OFFICIAL ZONING MAP OF THE CITY OF . LUrPOCK UPON THE EFFECTIVE DATE OF SAID ORDINANCE NO. 1695 AS ORIGINALLY E,.-ACTED, SHALL BE SUBJECT TO ALL OF THE PERTINENT PROVISIONS CONTAINED IN SAID ZONING ORDINANCE NO. 1695 AS AMENDED, AND SHALL BE INCLUDED AND CONTAINED IN THE OFFIICAL ZONING hAP OF THE CITY OF LUBBOCK, IN TFE ZONING DISTRICT HEREL%AFTER SET FORTH AS.FOLLOWS: ZONE CASE NO. 599 - TO PLACE ALL THOSE AREAS PARTICULARLY DESCRI BY A73TES AND BOUNDS IN THE BODY OF THIS ORDINANCE, I ICH AREAS WERE ANNEXED TO THE CITY ON'.AUGUST 23,1956, BY ORDINANCE NO. 1949, IN ZONING DISTRICTS AS FOLLOWS: A. PLACE CERTAIN PROPERTY DESCRIBED INSECTION 1 (A) OF THIS ORDINANCE IN AN "M-1". ZONING DISTRICT; B. PLACE CERTAIN PROPERTY DESCRIBED IN SECTION 1 (B) OF THIS ORDINANCE IN A !'C-4" ZONING DISTRICT,. 56-16-37-92 Motion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Pro-tem Baker and Commissioner Byrd, 8asey and Maxey voting Yea, none voting Nay, Ordinance No. 2059 was passed on second and final reading: ORDINANCE NO. 2059 AN ORDIKQ;CE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUB_LCK SO A S TO MAKE TFfE FOLLOWING CHANGE: ZONE CASE NO. 602 - CHANGE CERTAIN PROPERTY LOCATED IN THE VICINITY OF COLLEGE AVENUE AND 54TH STREET AND DESCRIBED IN THE BODY OF THIS ORDINANCE FROM AN "R-1" TO AN "R-3" ZONING DISTRICT. �56-16-37-93 Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayon Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2060 was passed on second and final -reading: ORDINANCE NO. 2060 AN ORDINANCE AMENDING ORDINANCE NO. 1695 Ai'D THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO lt.ka THEFOLLagING CHANGES: ZONE CASE N0. 604 - A. CHANGE CERTAIN PROPERTY DESCRIBED IN SECTION 1 (A) OF TENS ORDINANCE FROM AN "Mr-l" TO AN "R-1" ZONING DISTRICT: B. CHANCE CERTAIN PROPERTY DE- SCRIBED IN SECTION 1(B), OF THIS 0RDID.A..CE_FRC1K AN "R-311. TO AN. "R-1" ZONING DISTRICT: C.CHANGE CERTAIN PROPERTY DESCRIBED IN SECTION 1 (C) OF THIS ORDINANCE FROM -AN "M-1" TO A "C-4" ZONING DISTRICT: D. CHANGE CERTAIN[ PROPERTY DESCRIBED IN SECTION 1 (D) OF THIS ORDINANCE F_,OY AN "M-2" TO A "C-4" ZONING DISTRICT: E. CHANGE CERTAIN PROPERTY DESCRIBED IN SECTION 1 (E) OF THIS ORDINANCE FROM AN "M-2" TO AN "M-11'.ZONING DISTRICT: F. CHAIaGE CERTAIN PROPERTY DESCRIBED IN SECTION 1 ) OF THIS ORDINANCE FROM AN "R-3" TO A 11C-3" ZONING DISTRICT. E 56-16-37-94 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Pro-tem Baker and Commissioner Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2062 was passed on second and final reading. ORDINANCE *.W62 AN ORDI'.AI%CE A ENDIFG SECTION 28-70 OF THE LUBBOCK CITY CODE TO INCLUDE A DEFINITION OF INDUSTRIAL STREET: AMEniDE,'G.SECTION 28-70 OF THE LUBBOCK CITY CODE BY REVISING THE DEFINITION OF RESIDE11TIAL STREET: AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE OF THIS ORDI_l ANCE . >6-16-38-95 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. 2063 was passed 11 on second and final reading: ORDINANCE NO. 2063 AN ORDINANCE MZMDING SECTION 18-57 OF THE LUBBOCK CITY CODE BY ADDING THERETO A NEW SUB- DIVISION TO BE DESIGNATED SUBDIVISION 18-57 (E) SO AS TO PRESCRIBED THE CODUCT OF.THE DRIVER OF A VEHICLE WHEN MAKING AN AP ROACH.FOR A LEFT TURN FROM A ONE-WAY STREET INTO A TWO-WAY STREET; IJ PRESCRIBING A PENALTY; AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. 6-16-38-96 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, Ordinance No. 2064 was passed on second and final reading: ORDINANCE NO. 2064 AN ORDINANCE ABANDONING AI'.D CLOSING CERTAIN UNNAMED STREETS AND ALLEYS OUT OF TRACT 4 AND TRACT 5, ZELLNER ACRES, ADDITION TO.THE CITY OF LUBBOCK,.LUBBOCK COUNTY, TEXAS, SAID STREETS AND ALLEYS BEING PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; AND DIRECTING THE CITY ENGINEER TO INDICATE THE CLOSING AND ABANDONMENT OF SAID UNNAMED STREETS AND ALLEYS. Il 6-16-38-97 Motion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Fro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea., none voting Nay, Ordinance No. 2069 was passed on second and final reading: ORDINANCE NO. 2o69 AN ORDDIAN CE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO I~iAKE THE FOLLOWING CHANGE: ZONE OISE NO. 541-A - CHANGE THAT AREA LOCATED IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, LYING BETWLMf THE PROPOSED SOUTH RIGHT-OF;;,WAY LINE OF THE 50TH STREET EXPRESSWAY AS SET FOR 300 FOOT OF RIGHT-OF-WAY, AND A LINE, SAID LINE BEING THE EX- TENSION OF THE CENTERLINE OF 53RD STREET FROM TH_ EAST, AND BETWEEN THE CENTERLINE OF ELGIN AVENUE AND A LINE,. SAID LINE. BEING THE EXTENSION OF THE CENTERLINE OF GARY AVENUE FROM THE SOUTH, SUBJECT TO THE FOLLOWING CONDITIONS: (1) PLANTING SCREENS BE PROVIDED AWVG ELGIN AND GARY AVENUE AND ALONG 53RD STREET AS EXTENDED FROM THE EAST: (2) AT LEAST 200 FEET BE KEPT CLEAR FOR PARKING ON ALL FOUR SIDES OF THE SHOPPING CENTER., TO BE MEASURED FROM THE.PROPERTY LINE; (3) THERE BE NOT MORE THAix THREE OMT NGS IN THE PLANTING S'.REEN FOR INGRESS AND EGRESS C!R ANY ONE SIDE OF THE SHOPPING CENTER. 6-16-38-98 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Ilayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2071 was passed on second and final reading: ORDINANCE NO. 2011 AN ORDINANCE ESTABLISHING BUILDING LIKES ON THE EAST AND WEST SIDE OF LOCUST AVENUE BETWEEN 34TH STRiET AND THE AREA BETWEEN 37Ti'Ei.EET AND 39TH STREET AND OPPOSITE 38TH STREET ON THE EAST AS PARTICULARLY DESCRIBED BY 14ETES AN-D. BOU;'DS IN THE BODY OF TUIS ORDINANCE: PROVIDING THAT NO BUILDING OR OTHER STRUCTURES SHALL HEREAFTER BE ERECTED, RE -ERECTED OR SUBSTANTIALLY REPRRED BETWEEN THE BUILDING LINES HEREIN ESTABLISHED, R&,UIRIP G EXISTIITG STRUCTURES ON OR. BETWEEN THE BUILDING LINE HEREIN ESTABLISHED TO CONFORM TO SUCH BUILDING LINES WITHIN FIDE (5) YEARS DEFINING "BUILDING LINE" Ai.D PROVIDING THAT SETBACK REQUDUZMTS UNDER THE CITY'S ZONING ORDINANCE AND AY.:#N EIvTS THERETO BE DETERMINED FRa. THE BUIDING JJNES HEREIN ESTABLISHED; PROVIDING EXCEPTIONS FOR UTILITY EXTENSIONS AND PUBLIC IMPROMIENTS; PROVIDING A SAVIN'-'S CLAUSE. 56-16-38-99 Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Pro t em Baker and Commissioners B�rd, Casey and Maxey voting Yea, none voting Nay, to authorize the Salvation Army to placetheir ettle House in the 1000 Block of Broadway during the Christmas holiday. This Kettle house to be placed on thr Street November 30 and to remain through December 24. -16-38-100 CITY OF LUBOCK November 20,1956 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Elliott Taylor, paving contractor, under his contract dated July 26,1956, designated as G.W.O. 2015 and find the improvements on the streets, avenues and/or alleys known and designated as Sub -Units 18 and 31 of Unit No. 1865 and Su$_Unit 5 and 7 of Unit No. 1866, as listed on the final estimate and assessment sheet to have been completed in accordance with the plans and specifications and recomrend that you accept the improvements said streets, avenues and/or alleys, authorizing payment to the contractor the amount shown on attached consolidated final estimate sheet as due them by the City of Lubbock and issue assigna certificates against property owners for the respective amounts shown on the ttached final asse ment sheets as being due against them and their respective properties. Yours very truly, /s/ John T. Hickerson City Engineer Motion by Byrd, seconded by Maxey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION RESOLUTION ACCEPTD%TG I1,1PROVE ENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSDMNTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and re- it solutions and entered into contract with Elliott Taylor, (G.W.O. 2015) forthe nakinag and constructez of alley and/or street improvements on portions of numerous streets and/or aiyeys in said city including among others the following: Avenue F from its intersection with the South Property Line of 36th Street to its intersection with the North Property Line of 37th Street, known and designated as Sub -Unit Number 18 of Unit Number 1865. 1st Street from its intersection with the West Property Line of Vernon Avenue to its intersection with the East Property Line of Avenue W, known and designated as -Sub -Unit Number 31 of Unit Number 1865. 38th Street from its intersection with the West Paving Line of Avenue $ to its intersection with the East Property Line of Avenue K, known and designated as Sub -Unit Number 5 of Unit Number 1866. t1 N orth Hartford Avenue from its intersection with the North Property Line of Grinnell Street to its intersection withthe North Gutter Line of Erskine Street, known and designated as Sub -Unit Number 7 of Unit Number 1866. AND VJHEftEAS, the improvements upon the said portions of t'�e abovementioned streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract (G.W.O. 2015). THEREFORE, BE IT RESOLVED BY THE CITY OF LU '30CK, TEXAS: 1. That thglmprovements on said portions of the abovementioned streets and/or avenues be, and the same are hereby accepted, and the City Engineer be and is hereby authorized to direct payment of the City' s portion of cost. 11. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against theparcels of property abutting upon the said portions ofstreets and/or avenues 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 improver��ent s and assessments where such assessments were levied. This resolution shall take effect and be in force from and after its passage. PASSED AKD APPROVED T IS 20th DAY OF NOValBER, 1956 ATTEST: /s// S. S. FORREST, JR., NAM /s/ LAVINIA LOIJE, CITY SECRETARY-TREASURliR CONSOLIDATED FILIAL ESTII1IATE SUB -UNITS ACCEPTED NOVEMBER 20,1956 G.W.O. 2015 QUANTITIES Unit & S.Y. _ S.Y: L.F. S.Y. Alley Sub -Unit No. Location Paving Subg. C&G Ret. Prep. 18 5-18 Ave.F-SPL 3 th St. to NPL St.37th 1,144.89 1,334.0 57.00 367 -` 1 865-31 1st St.-TAPL Vernon Aveto_EPLAve,.W 941.51 1,107.97 552.60 12.96 1866-5 38th St-EPLAve.K toW.PAV.L.AveH 4,581.70 5,167.25 2,073.98 9.44 1866-7 N.Hartford Ave NGL Erskine St.to 2,868.28 3,229.36 1,299.90 NPL Grinnell St. —�-� Totals 9,536.38 10,838,.64 4,583.48 29.07 COST ESTIMATE 9,536.38 S.Y. Paving (Surf.&Base) © $1.15 10,838.64 S.Y. Subg.Prep. 0.20 4,583.48 L.F. Conc.Curb & Gutter 1.50 29.07 S.Y. Conc Alley Return 4.00 Total Contract Cost 5% Engineering Total Cost !! COST DISTRIBUTION Unt & Sub- unit Contract Cost, $lo,966.84 2,167.73 6,875.22 116.28 20,12 .07 1,006.30 21,132.37 Unit Complete City P.O. Cost to Contractor NOW City Cost Due City ' s Cost when Unit for Extra Complete Width Due Contractor NOW 1865-18 2,595.62 2,702.83 -0- -107.21 -0- 1865-31 2,185.07 2,079.89 -0- 105.18 -0- 1866-5 9,451.14 8077.40 —0— —227.00 lo400.74 1866-7 5,894.24 5 910.38 —0— — 16.14 —0- 0,12 .07 19,070.50 -0- -245.17 1,,400.74 Note: '-'3,472.96 of the Cit y's share is now being withheld on the November 8,15 acceptance, pending com- pletion of t::e respective units, therefore the negative share aboae would reduce the amount to � 3,227.79. 6-16-40-101 CITY OF LUBBOCK, TEXAS November 20,1956 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Kerr and Middleton., under there contract dated March 22, 1956,designated as G.W.O. 1234-A, and find the improvements on the streets, avenues and/or alleys known and designated as Sub -Unit 10 of Unit No. 1845, as.listed on 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 streets, avenues and/or alleys, 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 the attached final assessment sheets as being due against them and their respective properties. Yours very truly, /s/ John T. Hickerson City Engineer 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: RESOLUTION RESOLUTION ACCEPTIS'G IMPROVEMENTS ON PORTIONS OF STREETS, and/or 'AVENUES AS LISTED BELOW AND ORDERING ME ISSUANCE OF CEiTIFICATES IN EVIDENCE OF ASSESS14ENTS LEVIED. 10EREAS, the City of Lubbock heretofore passed various street improvements ordinances and resolutions and entered into contract with Kerr and Middleton, Paving Contractors, (G.W.O. 1234-A) for the making and construction of alley and/or street improvements on portions of numerous streets and/or alleys in said city including among others the following; 1st Street from its intersection with the west Property Line of Avenue X to its intersection with the East Property Line of Avenue W, known and designated as Sub -Unit Number 10 of Unit Number 1845. AND WHEREAS, the impraements upon tie said portions of t)e abovementioned streets and/or avenues have been inspected and found to have been constructed in accordance with terms of said contract (GWO 1234-A). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: 1. That the improvements on said portions of the abovementioned streets and/or avenues be, and the same are hereby accepted. 11. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the'a ssessments levied against the parcels of property abutting upon the said portions of streets and/or avenues 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. 111. This resolution shall take effect and be in force from and after its passage. PASSED AND APPRO = THIS 20TH DAY OF NOVEOER, 1956. ATTEST: /s/ LAM IA LOWS, City Secretary -Treasurer QUANTITIES CONSOLIDATED FINAL ESTIMATE FOR A SUB -UNIT ACCEPTED NOVEMBER 20,1956 G.W.O. 1234-A /s/ S. S. FORREST, JR., MAYOR S.Y. S.Y. L.F. S.Y. Unit & Sub -Unit Location Pay. Subgr. �T C&G _ Alle 1845-10 lst St.;Ave X to Ave W 2,664.21 3,065.80 COST ESTIMATE 2,664.21 S.Y. Paving @ $1,20/S.Y. _ 0..197.05 3,065.80 S.Y. Subgr. 0 0.24/S.Y. = 735.79 1,333.08 L.F. C & G :0 1.55/S.Y. = 2,066.27 31.29 S.Y. Alley Ret. a 4.25/S.Y. _ 132.99 Contract cost $ 62132.10 COST DISTRIBUTION 1,333.0$ Unit & Sub -Unit Contr. Cost P.O. Cost CitZ to Contr. NOW. 1845-10 $ 6,132.10 $ 4,427.61 $ 1,704.49 56-16-41-102 CITY OF LUiBOCK, TEXAS November 20,1956 11onorable Mayor and City Commission Lubbock, Texas Gentlemen: 31.29 I have examined the paving improvements constructed by West Texas Construction, Incorporated, under their contract dated March 22, 1956, designated as G.W.O. 1234-B, and find t& improvements orAhe streets, avenues, and/or alleys known and designated as part of Sub -Units Land 2 of Unit Number 1853, as listed on 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 streets, avenues and/or alleys, authorizing payment to the contractor the amount shown on the attached consoli- dated final estimate sheet as due them by the City of Lubbock and issue assignalb le certificates against property owners for the respective amounts shorn on the attached final assessment sheets as being due against them and their respective properties,. Yours very truly, /s/ John T. Hickerson city Engineer 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: RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED ffiLOW AND ORDERING THE/ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvements ordinances and resolutions and entered into contract with West Texas Construction, Inc., (G.W.0. 1234-B) for the making and construction of alley and/or street improvements on portions of numerous streets and/or u alleys in said city including among others the following: East 1/2 of Indiana Avenue from its intersection with the North Property Line of the alley North of 48th Street to its intersection with a line 15 feet North of the North Property Line of 46th Street, known and designated as part of Sub -Unit Number 1 of Unit Number 1853. West 1/2 of Indiana Avenue from its intersection with the South Property Line of the alley South of 48th Street to its intersection with a line 15 feet South of the South Property Line of 47th Street, known and designated as part of Sub -Unit dumber 2 of Unit Eumber 1853. AND WHEREAS, the improvements upon the said portions of the abovementioned streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract (GWO 1234-B) . THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: 1. That tte improvements on said portions of the abovementioned streets and/or avenues be, and the sane are hereby accepted and the City Engineer be and is hereby authorized to direct payment of the City's portion of cost. 11. That the Mayor and City Secretary be, and they are hereby instructed to execute nd deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of streets and/or avenues 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 saic: improvements and assessments where such assessments were levied. 111. This resolution shall take effect and be in force from and fter its passa,-e. ATTEST: Passed and apFroved this the 20th day of Naranber, 195f. /s/ Lavenia Lowe, City Secretary -Treasurer /s/ S. S. FORREST CONSOLIDATED FII,A.L ESTINi:TE SUB -UNIT ACQMED NOV11MER. 2021956 G.W.o. 1234-B UANTITIES Unit & Pay. Subgr. Prep. C. & 0. Sub -Unit S/Y. S.Y. L.F. 1853-1 2,073.22 2,073.22 1853-2 2,171.03 2,268.57 351.16 TOTALS 4,244.25 4,341.79 35 COST ESTIMATE: 4,244.25 S.Y. Paving ® $1.20/S.Y. _ $ 5,093.10 4,341.79 S.Y. Subgr. C .0.23/S.Y. 998.61 351.16 L.F. C & G. G 1.51/S.Y. _. 530.25 CO -TRACT COST 6,621.96 COST DISTRIBUTION Unit & City Cost for Sub -Unit Contract Cost P.O. Coat Extra Width Due NOW 1853-1 1853-2 2,964.70 I 6-16-42-193 CITY OF LUBBOCK, TEXAS - .November 20,1956 Honorable Mayor and City Commission Lubbo c'.: , Texas Gentlemen: 1 635.80 11635-80 2,964.70 2 021.4^�6 ,1 419986.T16 I have examined the paving improvements constructed by J.R. Fanning, under his contract dated March 22, 1956, designated as G.W.O. 1234-C, and find the improvements on the streets, avenues, and/or alleys known and designated as Part of Sub -Unit No. 1 of Unit No. 1859, as listed on the final estimate and assessment sheet to have been completed in accordance with the plans and specifications and recommend thatyou accept tle improvements on said streets, avenues and/or alleys, authorizing payment to the contractor the amount shown on the attached consolidated final sheet as due him by the City of Lubbock and issue assignable certificates against property owners for the respective amounts shown on to attached final assessment sheets as being due against them and their respective properties. Yours very truly, /s/ John T. Hickerson City Engineer Notion 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: RESOLUTION RESOLUTION ACCEPTING IIMPROVENEr1TS ON PORTIONS OF STREETS, ANID/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with J. R. Fanning, (G.W.O. 1234-C) for the making and con- struction of alley and/or street improvements on portions of numerous streets and/or alleys in said city including among others the following: 34th Street from its intersection with the West Property Line of `*,uaker Avenue to its intersection with the East Property Line of Oxford Avenue, known and designated as part of Sub -Unit Number 1 of Unit Number 1859. AND WHEREAS, the improvements upon the said portions of thdabovementioned streets and/or avenues,.have been inspected and found to have been constructed in accordance with terms of said contract (GWO 1234-C). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: 1. That the improvements on said portions of the abovementioned streets and/or avenues be, and the same are hereby accepted. 11. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of streets and/or avenues 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 im said improvements and assessments where such assessments were levied. ill. This resolution shall take effect and be in force from and after its passage. Passed and approved this 20th day of November ,1956. ;ATTEST: /s/ Lav-nia Lowe, City Secretary-TrAasurer /s/ S. S. FORREST) JR., MAYOR CONSOLIDATED FINAL ESTII.ATE FOR PART OF A SUB -UNIT ACCEPTED NOVERBER 20,1956 G.W. 0.1,234-C QUANTITIES: Unit & S.Y. S.Y. L.F. Sub -Unit Locations Pay. Sub r. C&G Part of 1859-1 COST ESTIMATE: 12,189.33 12,892.73 2,532.20 34th St.; Quaker Ave. to 12,189.33 12,892.73 Oxford Avenue S.Y. Paving @ $1.24/S.Y. S.Y. Subgr. C $0.19/S.Y. L.F. C & G C $1.45/S.Y. Contract Cost COST DISTRIBUTION: 15,114.77 2,449.62 3,671.69 21,23 6.08 2,532.20 Unit & Sub -Unit Contr. Cost P.O. Cost _ �City to Contr. NOW. Fart of 1859-1 'V 21,236.08 1212-92.72 ,943.36 56-16-43-104 CITY OF LUBBOCK, TEXAS November 20,1956 H onaable Mayor and City Commission Lubbock, Texas Gentlemen: I have ermined the paving improvements constructed by West Texas Construction, Incorporated, Paving Contractors, under their contract with the subdivider of Pink Parrish Addition Lots 131-152 in accordance with New Subdivision Ordinance No. 1331 and find the improvements on 49th Street designated as New Subdivision Unit No. 232, Peoria Avenue designated as iiew Subdivision Unit No. 233, and Quaker Avenue designated as 'law Subdivision Unit Nos. 234 and 235, as listed on the attached, final estimate sheet to have been completed in accordance with plans and specifications and recommend thekayment to the contractor the amount shown on the attached consolidated final estimate sheet as being due him from the City of Lubbock. Very truly yours, /s/ John T. Hickerson City Engineer Motion by Commissioner Casey , seconded by Commissioner i.,axey , motion carried, Mayor Pro -tam Baker and Commissioners Byrd, Casey and 1-laxey voting Yea, none voting Nay, thitollowing resolution was passed: RESOLUTION RESOLUTION ACCEPTING D4PROVE=TS ON PORTIONS OF STREETS, ANNTD/OR AVENUES AS LISTED BELOW. WHEREAS, in conformance with the paving requirer•ents provisions of City Ordinance 1331, the subdivider of Pink Parrish Addition Lots 131-152, made arrangements for the construction of paving improvements on certain street dedicated in said subdivision under the providions of said Ordinance prior to the recording of the subdivision plat of Pink Parrish Addition Lots 131-152, including the following streets and/or avenues: 49th Street from its intersection with the West Lip Line of Peoria Avenue to its intersection with a line 31 ft. East of the West Property Line of �:uaker Avenue, known and designated as New Sub- division Unit Number 232. Peoria Avenue from its intersection with the South Property Line of the Alley North of 49th Street to its intersection with the North Property Line of 49th Street, known and designated as New Sub- division Unit Number 233• East one-half of Quaker Avenue from its intersection with the South Property Line of the alley North of 49th Street to its intersection with the North Property Line of 49th Street, known and designated as New Subdivision Unit Number 234• East one-half of Quaker Avenue from its intersection with the South Property Line of 49th Street to its intersection with the South Property Line of the alley South of 49th Street, known and designated as New Subdivision Unit Number 235. AND WHEREAS, the construction of the above improvements on the abovementioned streets was per- formed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with city specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS 1. That the improvements on said portions of the abovement ioned streets be, and the same are here- by accepted and the City E�xgineer be and is hereby authorized to direct the payment of the City►s portion of cost. 11. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 20th DAY OF NOVD-BER, 1956. ATTEST: /s/ S. S. FORREST, JR., MAYOR / s/ Laven is Lowe City Secretary -Treasurer CONSOLIDATED FINAL ESTI11TE FOR PINK PARRISH.ADDITION (LOTS 131-152) ACCEPTED NOVEMBER.20,1956 G.W.O 1298 Paving Subgr.Prep C.&G. Alley N-S Unit No. Location S.Y. , _ S.Y. _ L.F. Return S.Y. 232 49th St. W.Lip Lane Peoria Ave to 31 ft. East of WPL QuakerAve. 3,044.00 3,449.80 1,460.89 233 Peoria Ave-SPL Alley-S. of 49th St. to NPL 49th St. 410.67 470.39 215.00 234 E2 Quaker Ave.SPL Alley N of 49th St. to NPL 49th Street 541.72 569.36 99.5 235 E-;'� Quaker Ave-SPL 49th St. to SPL alley S. of 49th Street 479.78 533.11 .144.00 13.33_ Totals 42476.17 52022.66 1,919.39 13.33 4,476.17 S.Y. Paving (Surf & Base @ $1.15 0 5,147.60 51022.66 S.Y. Subg. Prep @ .20 = 1,004.53 1,919.39 L.F. Cohe. Curb & gutter G 1.50 = 2,879.09 13.33 S.Y. Conc Alley Return 0. 3.75 = 49.99 Total Contract Cost 9,081.21 10% Engineering 908.12 Total Cost 9,989.33 COST DISTRIBUTION Subdivider's City Cost for N -S Unit No. Contract Cost Cost Extra Width 232 62381.90 $ 62111.01 270.89 233 888.85 888.85 -0- 234 886.10 393.58 492.52 235 924.36 581.46 342.90 9 0 1.21 6 72974.90 1,10 .31 * Engineering is the City's cost as well as extra width on R.O.W. Streets 6-16-44-105 Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting ea, none voting Nay, to authorize the Mayor to execute a "Street Use Licensee to Citizens National Bank, for construction of underground passage- way. STREET USE LICENSE .TO _ THE CITIMTS NATIONAL BANK OF LUBBOCK This License made this the 20th day of November, 1956, by the City of Lubbock, a Home Rule Municipal Corporation, hereinafter called "City" and the Citizens National Bank of Lubbock, Texas, a National Banking Corporation, acting herein -by and -through its president and cashier, hereunto duly authorized, hereinafter called "Licensee", WITNESSETH: 1. Subject to the hereinafter stated terms and conditions, the City hereby grants Licensee a license to construct and maintain three (3) underground passage -ways under and across the following described locations, to wit: (1) Ten (10) feet on each side of a center line, said center line to begin 7 1/2 feet South of the South property line of 14th Street and extend across Avenue K. (2) Ten (10) feet on each side of a center line, said center line to begin twenty (20) feet West of.the West property line of Avenue K and extend across 14th Street. (3) Ten (10) feet on each side of a center line, said cefiter line to begin ninety (90) feet North of t:e North line of 14th street and extend across the alley in Block 14 of the Original Town of Lubbock, Texas, 2. Licensee shall pay to the City as compensation for such license the sum of $10.00 DOIZAiRS 11 per year for the duration of said license, which shall be for a period running from kear to year sub-. ject to the right of the C' ty to cancel or revoke said license upon thirty (30) days notice with or without cause. 3. Prior to the construction of any underground passageways, as authorized herein, the licensee shall submit to the City Engineer plans and specifications of the construction to be done, and the licensee shall not commence construction of any of the underground passageways until such plans and specifications are appxwed by the City Engineer. 4. The Licensee as further consideration for the grant of the license herein will pay all costs arising out of the exercise of the license herein made including but not limited to the replacement and repairing of paving, sidewalks, and utilities of any nature occasioned by the construction of this underground passageways herein licensed. 5. This license is made subject to the conditions that should the licensee, its successors or assigns exercise any right under the license herein granted and prepare or 4egin or complete any part of the underground passageways herein contemplated under and across any or all of the above set out property, then and in that event said licensee, its successors or assigns, will at all times defend, indemnify and otherwise hold the City of Lubb©ck, its agents, servants and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance of the structures and passageways and appittenan0es herein contemplated and will further replace or repair any damage and pay in full all losses or expenses that the City of Lubbock may sustain, incusr or become liable for resulting in any manner from the construction of such underground passageways. 6. At such time as this license should be canceled or revoked for any reason, the underground passageways as constructed under this license shall be removed by the Licensee and the property restored to its original condition at no cost to the City of Lubbock, 7. All of the covenants and provisions of this license shall be binding upon and enure to the benefit of the successors, legal representatives, assigns, and the duly authorized agents and con- tractors of the parties hereto to the same extent and effect as the same are binding upon and enure to the benefit of the parties hereto, but no assignment hereof by the licensee, its successors, or assigns, shall be binding upon the City of Lubbock without the written consent of the City of Lubbock in each instance. IN WITNESS WHEREOF, the parties have executed this agreement in duplicate the day and year first above written. CITY OF LUBBOCK BY: /s/ S. S. F ORREST, JR., MAyaR ATTEST: Isl Lavenia Lowe City Secretary -Treasurer CITIZk'VS NATIONAL BANK BY: President ATTEST: Cashier THE STATE OF TEXAS $ COUT.TY OF LUBBOCK 0 1f BEFORE VE, the undersigned authority, a Notary Public in and for Luboock County, Texas, on thio, day personally appeared S. S. FORREST, JR., known to me to be the person whose name is subscribed to' the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of tht CITY OF LU:'BOCK and as MAYOR., for the purposes and consideration therein expressed, and in the capa- city therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 20th day of November ,1956. NOTART u c oun y, exas THE STATE OF TEXAS 0 COUNTY OF LUBBOCK 0 BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on th day personally appeared , President of the CITIZENS PTATIO",AL BANK OF LUBBOCK, a Corporation, known to me to be'the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed th a same as the act and deed of CITIZENS NATION BANK OF LUBBOCK, a Corporation, for the purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 20th day of November 01956 PUBLIC,Lubbock County, Texas 16-46-106 Motion by Commissioner Maxey, seconded by Commission Casey, motion carried, Mayor Pro-tem. Baker and Courissioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution was passed: BESOLUTION WHEREAS, heretofore on the 16th day of March, 19392 the City of Lubbock passed Ordinance No. 609, such instrument being recorded in Volume 232, page 135 of the Deed -Records of Lubbock County, Texas, such ordnance containing a notice of improvements and apportionment of costs of such im- provements by assessing a lien upon the property abutting thereon, and in such ordinance there was included paving assessments for Paving Unit No. 242; and. WHEREAS, under Paving Unit No. 242, such improvements have created no lien or liens against the property assessed pursuant to Paving Unit No. 242 byzeason of the fact that such paving improve ments have not been made pursuant to said assessment, and it is expedient to remove the cloud and apparent lien placed upon property abutting the streets to be improved -which were included in Pavii,g Unit No. 242; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMK SaION OF THE CITY OF LUBBOCK- SECTION 1. THAT the Mayor BE, and he is hereby authorized and directed to execute, an0he City Secretary is directed to attest, for and in behalf of the City of Lubbock, a Release of any and all liens, apparent liens, or cloud upon title shown of record to exist on any property abutting streets to be improved pursuant to Paving Unit No. 242 included in Ordinance No. 609 of the City of Lubbock, Texas. SECTION 2. THAT such Release is to contain the provisions that it shall not affect any property or liens not expressly released thereby. Passed by the Commission this t'.e 20th day of November ,1956. I 1 S. S. FORREST, JR., A' TEST : riAYOR /s/ Lavenia Lowe, City Secretary -Treasurer 6-16-4.6-107 Notion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd., Casey and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION WHEREAS, R. 0. Short and wife Myrtle Dunn Short executed a street dedication to the City of Lubbock.dated November 3, 1956; and, WHEREAS, the property intended to be dedicated was incorrectly described in said dedication deed; and, WHEREAS, the City of Lubbock and R.O. Short and wife Myrtle Dunn Short desires to execute a correction deed which correctly described the property to be dedicated; and, WHEREAS, the City of Lubbock desires to quit claim its interest which it may have acquired by reason of the incorrection dedication; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LU'?BOCK: SECTION 1. THAT the Mayor BE and is hereby authorized to execute a correction dedication agreement with R. 0. Short and wife Myrtle Dunn Short, and the City Secretary -Treasurer is hereby authorized to attest the same; said correction dedication instrument to contain a quit claim on the part of the City of Lubbock to any rights it may have acquired under the incorrect dedication instrument as executed by R. 0. Short and wife lZrrtle �= Short on November 3, 1956 and recorded in Volume 637, page 452 of the Deed Records of Lubbock'Count y, Texas. Passed by the Commission this the 20th day of November ----..,1956. ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer CORRECTION DEDICATION DEED THE STATE OF TEXAS 0 COUNTY OF LUBBOCK 0 s S. S. FORREST. JR., MAYOR _ This indenture made this 20th day of November ,1956, by and between R. 0. Short and wife Myrtle Dunn Short, the present owners of the hereinafter described property of Lubbock County,Texas, and the CITY OF LUBBOCK, a Home Rule Municipal Corporation, acting by and through its officers heretofore duly authorized, WITNESSETH: WHEREAS, the third day of Naember, 1956, R. 0. SHORT and wife MYRTLE DUNN SHORT, the then owners of the hereinafter described property did execute and deliver to the CITY OF LUBBOCK; and the CITY OF L.iFBOCK did accept a dedication to the public for street purposes of the following described land situated in Lubbock County, Texas, to -wit: 2 0 Out of the Northeast 1/4 of Section 5, Block E-2, Lubbock County, Texas. BEGINNING at a point 1400.4 feet West and 648.6 feet South of Ike Northeast corner of said Section 5, Block E-2; THE::CE West a distance of 270 feet to a point; THRICE on a 15 foot radius to the right to a point in the R.O.W. line of Bangor Avenue; THENCE South along the East line of Bangor Avenue a distance of 86 feet to a point; THENCE on a 15 foot radius to the right to a point; THENCE East a distance of 270 feet to a point; THENCE North a distance of 56 feet to the POINT OF BEGT1..ING. which said dedication is recorded in Volume 637, page 452 of the Deed records of Lubbock County,Texa* -and, WHEREAS, through error and inadvertence the description above set out had as its beginning point an incorrect place of beginning and it w4s intended that the street to be dedicated and accepted was at a different location from that above set out; and, WHEREAS, the street as the same is actually on the ground and now being used by the public and that which was actually intended to be conveyed and accepted is that certain tract of land situated in Lubbock County, Texas, described by metes and bounds as follows: Out of the Northeast 1/4 of Section 5, Block E-2, Lubbock County, Texas. BEGM.'ING at a point 1400.4 feet West and 668.4 feet South of the Northeast corner said Section 5, Block E-2; THENCE West a distance of 270 feet to a point; TM.CE on a 15 foot radius to the right to a point in the R.O.W. line of Bangor Avenue; THENCE South along the East line of Bangor Avenue a distance of 86 feet to a point; THEI.CE on a 15 foot radius to the right to a point; THENCE East a distance of 270 feet to a point; TH&iCE North a distance of 56 feet to the POINT OF BEGINNING; and, WHEREAS, in order to prevent difficulties hereafter this correction dedication of a street is executed for the purpose of correcting said error in descr#ion as the property was originally conveyed, NOW THEREFORE THIS INDENTURE WITNESSETH: THAT R. 0. SHORT and wife 14MTLE DUNN SHORT in consideration of the premises and ONE AND NO /100 (61.00) DOLLARS to them in hand paid by the CITY OF LUBBOCK, receipt of which is hereby . acknowledged and confessed, hereby dedicate to the public for public use forever as a street all of that certain tract of land lying and being situated in the City of Lubbock, Lubbock County, Texas, and being particularly described as follows, to -wit: Out of the Northeast 1/4 of Section 5, Block E-2, Lubbock County, Texas/ BEGINNING at a point 1400.4 feet West and 668.4 feet South of the Northeast corner of said Section 5, Block E-2; THENCE West a distance of 270 feet to a point; THEI,iCE on a 15 foot radius to the right to a point in the R.O.W. line of Bangor Avenue; THENCE South along the East line of Bangor Avenue a distance of 86 feet to a point; THENCE on a 15 foot radius to the right to a point; ThEN(EEast a distance. of 270 feet to a point; THENCE Nath a distance of 56 feet to the POINT OF BEGINNLdG. It is understood and agreed by aad between R. 0. SHORT and wife MYRTLE DUNN SHORT and the CITY OF LUBBOCK that this correction abdication is mutually executed in lieu of and to stand in place of said original dedication dated the third day of November, 1956, executed by R. 0. S,'-ORT and wife MYRTLE DUNN SHORT and recorded in Volume 637 at pave 452 of the Deed Records of Lubbock County,Texas and the CITY OF LUBBOCK acting herein by and through its officers hereunto duly authorized for and in consideration of the premises and the sum of ONE AND N0/100 ($1.00) DOLLARS paid to it by the said R. 0. SHORT and wife MYRTLE DUNN SHORT, receipt of which is acknowledged and confessed, does hereby BARGAIN, SELL, RELEASE.and .FOREVER QUIT CLAIM unto the said R. 0. SHORT and wife MYRTLE DUNN SHORT, their .heirs and assigns, all right, title. and interest of any character which be CITY OF LUBBOCK may have acquired for and in behalf of the public in and to any land described in said original dedication dated November 3, 1956, which is not included and contained in the land and premises which the said R. 0. SHORT and wife MYRTLE DUNN SHORT hereby dedicate to the public for public street purposes by this correction dedication and the CITY OF LUBBOCK hereby accepts the street dedication for public use as shown by this correction dedication in lieu and in behalf of said original dedication dated November 3, 1956. WITNESS THE HU\ID OF R. 0. SHORT and wife MYRTLE DUN . SHORT and the CITY OF LUBBOCK, acting herein by and through its Mayor, this the 20th day of November, 1956. ATTEST: Isl Lavenia Lowe City Secretary -Treasurer THE STATE OF TEXAS 0 COUNTY OF LUBBOCK Q R. 0. SHORT .MYRTLE DUNN SHORT _Zs( S. S. FORREST, R.!. --- S. S. FORREST, JR., MAYOR of the City of Lubbock j� BEFORE NE, the undersigned, a Notary Public, in and for Lubbock Couty, Texas, on this day personally appeared R. 0. SHORT and MYRTLE DUNN SHORT, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each exe- cuted the same for the purposes and consideration therein expressed, and the said MYRTLE DUNN SHORT, wife of the said R.O. SHORT, having been examined by me privily and apart from her husband, and having the sane fully explained to her, she, the said MYRTLE DUIRN SHORT acknowledged such instrument to be her act and deed, and she declared that she had wills gly �-Jgn_d the same forkhe purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 20th__day of 1ovember , 1956. THE STATE OF TEXAS, COUNTY OF LUBBOCK Notary Public, Lubbock County, Texas BEFORE YIE, 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 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 consideratlion therein expressed, and in the capacity therein stated. GIVEN UNDE-1 MY HAND AND SEAL OF OFFICE, this 20th day of November ,1956. Notary Public, Lubbock County, Texas >6-16-45-108 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: RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A DEDICATION DEED ON BEHALF OF THE CITY OF LUBBOCK TO TWO PARCELS OF LAND OUT OF LOT.l, BLOCK 3O,.CRUNiP FIVE ACRE ADDITION TO THE CITY OF LUBBOCK AS MORE PARTICULARLY DESCRIBED BY METES AND BOT,DS 111,THE BODY OF THIS RESOLUTION. WHEREAS, two parcels of land in Lot 1, Block 30, Crump Five Acre Addition to the City of Lubbock as more particularly described hereafter, is needed for public street and alley purposes; and. .WHEREAS, the City of Lubbock desires to dedicate said strip of land to the public use for street and alley purposes; and, WHEREAS, the City Commission finds that it would be to the public- interest to dedicate said lands for street and alley purposes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY =1 ISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor BE and he is hereby authorized and directed to execute on behalf of the City of Lubbock a Dedication Deed conveying tgEhe public for street and alley purposes the following described property so long.as the same shall be needed for street and alley purposes; TRACT # 1 - Alley BEGINNING at a point in the West line of Lot 1, Block 30, Crump Five Acre Addition to the City of Lubbock, said point being 165.0 feet North of the Southwest corner of said Lot 1, Block 30; THENCE East a distance of 325.0 feet to a point; THENCE South 2.5 feet to a point; THENCE West 325.0 feet to a point; THENCE North 2.5 feet to the POINT OF BEGINNING. TRACT ,# 2 - Street BEGINNING at a point in the West line of Lot 1, Block 30, Crump Five Acre Addition to the City of Lubbock, said point being 37.5 feet North of the Southwest corner of said Lot 1, Block 30; THENCE North 125.0 feet to a point; THENCE East 25.0 feet to a point; TIECE South 122.0 feet to a point; THENCE East 300.0 feet to a point; THENCE South 3.0 feet to a point; THENCE West 325.0 feet to the POINT OF BEGINNING. SECTION 2. THAT the City Secretary -Treasurer shall attest such Dedication deed affixing the seal of the City of Lubbock thereto. Passed by the Commission this the 20th ,day of November, 1956. ATTEST: Isl S. S. FORREST, JR., hAYOR /s/ Lavenia Lowe, City Secretary -Treasurer 56-16-49-109 56-16-49-110 DEDICATION DEED T HE STATE CF TEXAS KNW ALL IiEN BY THESE PRESENTS: COUNTY OF LUBBOCK Thb is to certify that the CITY OF LUBBOCK, a Home Rule Municipal Corporation, of Lubbock County, Texas, acting herein by and through its Mayor heretofore duly authorized, for and in con- sideration of the benefits accruing and to accru:to said city and the remainder of the property owned by the said City, hereby dedicates to the public for public use fore `,er for public street and alley purposes so long as the same shall be needed for public street and alley purposes, the following described tracts of land more particularly described by metes and bounds as follows: TRACT # 1- Alley BEGINNING at a point in the West line of Lot 1, Block 30, Crump Five Acre Addition to the City of Lubbock, said point being 165.0 feet North of the Southwest corner of said Lot 1, Block 30; THENCE East a distance of 325.0 feet to a point; THENCE South 2.5 feet to a point; THENCE West 325.0 feet to a point; THENCE North 2. 5 feet to the POINT OF BEGINNING. TRACT # 2-STREET BEGINNING at a point in the West line of Lot 1, Block 30, Crump Five acre Addition to the City of Lubbock, said point being 37.5 feet North of the Southwest corner of said Lot 1, Block 30; TE&'CE North 125.0 feet to a point; TIE:,CE East 25.0 feet to a point; THENCE South 122.0 feet to a point; T]'ENCE East 300.0 feet to a point; THENCE South 3.0 feet to a point; TMTCE West 325.0 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD for public use so long as the same shall be used for alley and street pur- poses. WITNESS the hand of the CITY OF LUBBOCK this 20th day of November, 1956. CITY OF LUBBOCK ATTEST: BY: /a/ S. S. FORREST, JR., MAYOR Ls/ Lavenia Lowe City Secretary -Treasurer THE STATE OF TEXAS 0 COUNTY OF LUBBOCK BEFORE INIE, the undersigned authority, a Nary 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 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 capa- city therein stated. GIVZN UNDER NY HAND AND SEAL OF OFFICE, this 20th day of November ,1956. Votary Public, Lubbock County,Texas 11 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, 'Myor Pro -tern Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2076 was passed on first reading. Ij ORDINANCE NO. 2076 AN ORDINANCE AB&DON J G AMID CLOSING A PORTION OF 33RD STREET BETWEEN QUAKER AND S.UEM AVENUES, SAID PORTIO-" OF SAID STREET BEING PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; AND DIREOTIIIG THE CITY ENGINEER TO INDICATE ON THE OFFICIAL MAP OF THE CITY OF LUBBOCK, THE CLOSI1"" AU ABANDONING OF SAID PORTION OF SAID ST= . Notion by Commissioner Casey,_ seconded by Commissioner Byrd, motioncarried, Mayor Pro t em Baker and Commissioners Byrd, Casey, and Maxey voting Yea, none voting Nay, the following resolution was pass RESOLUTION A RESOLUTION AUTHORIZING THE LAYOR TO LVXEGUTF D DELIVER TO FURR REALTY COMPANY A QUIT CLAIM DEED ON BEHALF OF THE,CITY OF LUBBOCK TO A TRACT OF LAND LY NG ON 33RD STREET BETWEEN QUAKER AIM S:'�Lr'�, I AVENUES IN THE CITY OF LUBBOCK AS LORE PARTICULARLY DESCRIBED HEREINAFTER III THE BODY OF THIS RESOLUTION. WHEREAS, it has been determined by the City Commission that a certain previously dedicated portion of 33rd Street between Quaker and Salem Avenues in the City of Lubbock, Lubbok County,Texas, as more particularly described hereinafter is not bein;ised and will not in t`:e future be used or needed for public �;urposes and street and alle y purposes; and, WHEREAS., it has been determined by the City Commission that it would be in the public interest to quit Claim its interest in such land to the Furr ;fealty Company; NOW THEREFORE, BE IT RESOLVED BY THE CITY COYYIISSION OF THE CITY OF LIJ':=K: 0. 3LCTION 1. THAT the MAYOR of the City of Lubbock is hereby authorized and directed to execute and deliver on behalf of the City of Lubbock, a Quit Claim Deed to the Furr Realty Com,any conveying its interest in and to the hereinafter described land particularly described by metes and bounds as follows: BEGINNIT�G a t a point, said point being 15 feet South of the intersection of the North and s East boundary lines of Lot 1, Brookdale Addition, City of Lubbock, Texas, as recorded at page 574, Vol 632, Lubbock County Deed Records and said point bei.ngA-n the East boundary line of said Lot 1, Brookdale Addition. TFM, qCE Nortwesterly along a curve to the left having a radius of 15 feet, a distance of 23.562 feet to a point, said curve being a portion of the present boundary of said Lot 1 of Brookdale Addition; THENCE West along the present North line of Lots 1 through 9 of the said Brookdale Addition, a distance of 941 feet to a point; THENCE Southwesterly along a curve to the left, having a radius of 15 feet, a distance of 23.562 feet to jk point, said curve being a portion of the rr esent boundary of Lot 9, of said Brookdale Addition; THENCE North 2.7 feet to a point; THENCE Northeasterly along a curve to the right, having a radius of 15 feet, a distance of 23.562 feet to a point; THENCE East along a line parallel to and 2.7 feet North of the present Lorth boundary line of of Lots 9 through 1 of said Brookdale Addition, a distance of 941 feet to a point; TNEHCE Southeasterly along a curve to the right, having a radius of 15 feet, a distance of 23.562 feet to a point; THENCE South a distance of 2.7 feet to the POINT OF BEGITINTING of this tract, and containing 2621.7 square feet (.06 acres) more or less. SECTION 2. The Quit Claim Deed to be executed by the Mayor shall reserve permanent utility easement for all public utilities and liscensees of the City of Lubbock. SECTION 3. The QLty Secretary -Treasurer shall attest such Quit Claim Deed affixing the seal of the City of Lubbock thereto. Passed by the Commission this 20th day of November ,1956. ATTEST: s S. S. FORREST,_ JR._, MAYOR /s/ Lavenia Lowe City Secretary -Treasurer QUIT CLADC DEED THE STATE OF '1XM 0 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT the CITY OF LUBBOCK, a Home Rule Municipal Corporation, of the County of Lubbock, State of Texas, for and in consideration of the sum of ONE DOLLAR ($1.00) to it in hand paid by the FURR REALTY COTANY of the County of Lubbock, State of Texas, receipt of which is hereby acknowledged does.by these presents BARGAIN, SELL, RELEASE, and FOREVER QUIT CLIAM unto the FURR REALTY COMPANY, its successors and assigns all its right, title and interest in and to that certain tract or parcel of land lying in Lubbock County, Texas, described as follows, to -wit: BEGINEING at a point, said point being 15 feet South of the intersection of the North and East boundary lines of Lot 1, Brookdale Addition, City of Lubbock, Texas, as recorded on page 574,Vol.632,? Lubbock County Deed Records and aLid point being in the East boundary line of said Lot 1, Brookdale i Addition, THENCE Northwesterly along a curve to the left having a radius of 15 feet, a distance of 23,562 feet to a point, said curve being a pc rtion of the present boundary of said Lot 1 of Brookdale Addn; THENCE West along the present North line of Lots 1 through 9 of the said Brookdale Addition, a distance of 941 feet to a point; THENCE Southwesterly along a curve to theleft, having a radius of 15 feet, a distance of 23,562. feet to a point, said curve being a portion of the present boundary of Lot 9 of said Broodale Additi THENCE North 2.7 feet to a point; THENCE Northwesterly along a curve to the right, having a radius of 15 feet, a distance of 23.562 feet to a point; THENCE East along a line parallel to and 2.7 feet North of the present North boundary line of Lots 9 thrg� h 1 Of said BraOkciala is+.appa of 9i.l feggt L 5�f �mi ,� THENCE Southeasterly along a curve to the right, having a radius of 15 feet, a distance of 23.562 feet to a point; THENCE South a distance of 2.7 feet to the POINT OF BEGIN.IING of this tract and Wntaining 2621.7 square feet (.06 acres) more or less. TO HAVE AND TO HOLD the said premises together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said FLRR REALTY COMPANY, its successors and assigns FOREVER so that neither the said CITY OF LUBBOCK, a Home Ru7,e Municipal Corporation, nor its successors and assigns, nor any person or persons claiming under it shall at any time hereafter have, claim, or demand any right or title to the aforesaid premises or appurtenances or any part thereof. SAVE AND EXCEPT the CITY OF LU BOCK reserves unto itself, its successors or licensees from the above property granted, a permanent and perpetual easement and passageway which includes but is not limited to the right to construct, re -construct, repair, and perpetually maintain any and all types of water lines, sewer lines, gas lines, telephone and telegraph lines and poles, electric trans- mission lines and poles, and any other types of public utility/4quipment whether or not named herein or not, and whether now constructed on the premises herein reserved or to be constructed in the future together with the rights of ingress, egress, and regress at any and all times and seasons, for any and all purposes with the free ingress, egress and regress for such purposes in, on, over, above, through, and across the above described property. IN WITNESS THEREOF, the CITY OF LUBBOCK has caused its corporate name to be here unto sub- scribed 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 2 Oth day of November ,1956. CITY OF LUBBOCK ATTEST: BY• s S. S. FORRE T JR. MAYOR /s/ Lavenia Lowe City Secretary -Treasurer THE STATE OF TEXAS 0 COUNTY OF LUBBOCK 0 BEFORE ME, the undersigned authority, a Notary Public, in and for said County and State., on this day personally appeared S. S. FORREaT, JR., known to r..e to be the person whose name is sub- scribed 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 20th day of November , 1956. Notary Public, Lubbock County,Texas I56-16-51-111 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. 2077 was passed on first reading. ORDINANCE NO. 2077 AN ORDINANCE ABANDONI':G AND CLOSING A PORTION OF A NENTY FOOT UTILITY EASEMENT on 33RD STREET BETWEEN QUAKER AND SALEM AVENUES, SAID PO.RTIDN OF SAID UTILITY EASEMENT BEING PARTICULARLY DESCRIBED BY = AND BOa DS IN THE BODY OF THIS ORDINANCE; AND DIRECTING THE CITY ENGINEER TO INDICATE ON TH$ OFFICIAL MAP OF THE CITY OF LUBBOCK, the CLOSING XPD ABANDONING OF SAID.PORTION OF SAID UTILITY EASEMENT. 56-16-51-112 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, the following resolution was passed: RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER TO FURR REALTY COMPANY A QUIT CLAIM DEED O4 BEHALF OF THE CITY OF LUBBOCK TO A TRACT OF LAND LYI211G ON 33RD STREET BETWEEN QUAKER AND SALal AVENUES IN THE CITY OF LUBBOCK AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THE BODY OF THIS RESOLUTION. WHEREAS, it has been determined by the City Commission that a portion of a certain previously dedicated utility easement lying on 33rd Street between Quaker and Salem Avenues in the City of Lubbock, Lubbock County, Texas, and more particularly described hereinafter, is not being used and will not in the future be used or needed for public utility purposes or any other public purpose;and, WHEREAS, it has been determined by the City Commission that it would be in the -public interest to Quit Claim its interest to a portion of such utility easement to the Furr RealtSr Company; NOW THEREFORE, BE IT RESOLVED BY THE CITY CON=SSION OF THE CITY OF LUBBOCK: SECTION 1. That the MAYOR of the City of Lubbock is hereby authorized and directed to execute and deliver on behalf of the city of Lubbock, a Quit Claim Deed to t`.e Furr Realty Company conveying its interest in and to the hereinafter described land.more particularly described as follows: The South 2.7 feet of the 20 foot utility easement across Lotsl through 9 of the Brookdale Addition to the City of Lubbock, as recorded on page 574, Vol. 632 of the Lubbock County,Deed Records, and to which reference is made for a more complete description. SECTION 2. The City Secretary -Treasurer is directed to attest Llhe execution of such instrument and conveyance by signing her name and affixing the official seal of the City of Lubbock thereto. M Passed by t`ie Commission on this the 20th day of November ,1956. ATTEST: FORREST JR MAYOR 6-16-52-113 /s/ Lavenia Lowe City Secretary -Treasurer THE STATE OF TEXAS 0 SUIT CLAIM DEED KNOW ALL MEN B' THESE PRESENTS: COUNTY OF LUBBOCK 4 - THAT the CITY OF LUBBOCK, a Home Rule Municipal Corporation, of the County of Lubbock, State of Texas, for and in consideration cf the sum of ONE DOLLAR ($1.00) to it in hand paid by the FURR REALTY COMPANY of the county of Lubbock, State of Texas, receipt of which is hereby acknowledged does by these presents BARGAIN, SELL, RELEM and FORE , QUIT CLAIM unto the FURR REALTY COMP ANY, its successors and assigns all its right, title and interest in and to that certain tract or parcel of land lying in Lubbock County, Texas, described as follows: to -wit: The South 2.7 feet of a 20 foot utility easement across Lot 1 through 9 of Brookdale Addition as the same is described by instrument recorded on Page 574, Vol 632, of the Lubbock County Deed Records and to which instrument reference i4hereby made for a more complete description. TO HAVE AND TO HOLD the said premises together with all and singular the rights privileges and appurtenances thereto in any manner belonging unto the said FURR REALTY COMPANY, its successors and assigns FOREVER so thatneither the said CITY OF LU',BOCK, a Home Rule Municipal Corporation, nor its successors and assigns, nor any person or persons claiming under it shall at any time hereafter have, claim, or demand any right or title to the aforesaid premises or appurte- nances or any part thereof, IN WITNESS "offlEREOF the CITY OF LUBBOCK has caused its corporate name to b% 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 20th day of November _ ,1956. ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer _. THE STATE CP TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK BY /s/ S. S. FORREST, JR., MAYOR BEFORE ME, the undersigned authority,a Notary Public, in and for said county and State, on this day personally appeared S. S. FORREST, JR., known to me to be the person whose name is sub- scribed 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 UNDE*Y HAND AND SEAL OF OFFICE, this 20th day of November , 1956. Notary Public, in and for Lubbock County, Texas Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Pro -tern Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2078 was passed as emergency measure. O �DINANCE NO. 2078 AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTIO'. OF F.Y. ROAD 1,!0. 2255 ( WEST 4th STREET) IN THE CITY OF LUBBOCK , BETW EEN THE FOLLOWING LIl31ITS, TO -WIT% FROM West City Limits of Lubbock TO U.S. HIGHWAY 2 , HEREINAFTER REFERRED TO AS "THE PROJECT" AND AUTHORIZING THE MAYOR -OF THE CJTY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPO- RATE SEAL AND ATTEST THE SAME, A CERTAIN CONTRACT BETFIEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE CONSTRUCTION, laiINTENANCE, EXIST&I'CE AND USE. OF SAID PROJECT; . AND DETERMINING THE LIABILITIEf$ AND RESPONSIBILITIES OF THE CITY AND THE STATE OF TEXAS WITH REFERENCE THERETO; AND DECLARING AN MT,RGEI.CY AND PROVIDINgtHAT THE ORDINANCE SHALL BE EFFECTIVE FROL AND AFTER ITS PASSAGE. MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREEMENT STATE OF TEXAS COUNTY OF LUBBOCK This agreement made this 20th day of November ,1956, by and bietween the State of Texas, hereinafter referred to as the "State", party of the first part, and the City of , Lubbock County, Texas, acting by and through its duly authorized officers under an ordindhce passed the 20th day of Noember, 1956, hereinafter called the "City" part/ of the secbnd part. WITNESSETH WHEREAS, the City has requested the State of Texas to contribute financial aid in the impr w e- ment andraintenance of West4th Street within such City, from U.S. Highway 62 to nest City Limits of Lubbock, the route of F.M. Road No. 2255 and hereinafter called the "Project" and has by Highway No. proper ordinance authorized the State to enter upon and improve and maintain or assist the City in the improvement and maintenance of said project; and, WHEREAS, the State Highway Commission has approved a program of work which includes the pro- ject described above, and theState Highway Engineer, acting for and in behalf of the state Highway Commission in activating such programing, has made it known to the City that the State will assist the City in the improvement and maintenance of said proje ct,omnditioned that the City, as contem- pla ted by Senate Bill 415, Acts 46th Legislature, Regular Session, will enter into agreements with the State for the purpose of determini..g the liabilities and responsibilities of the parties with reference thereto. OMMUDIk loop NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the ;,arties hereto to be by them res:)ecGively kept and erformed as hereinafter set forth, It is agreed as follows: Project Authorization It is understood and agreed between the parties hereto that the City by virtue of the provisions of its charter and the laws of the State of Texas has exclusive control of and jurisdiction over all streets and public wags within thOrcorporated limits of such City, and that the City has requested and consented to the construction and maintenance of the project and the State in the construction of such project does so at the special instance and request of the City. TYe City, in consideration of the mutual covenants herein contained, does hereby agree to and does hereby authorize the State to improve or assist in the improvement of said project at the location and in the manner shown on the construction plans to be approved by both parties. It is mutually agreed that as the project is developed to the construction stage, either as a unit or in increments, both parties shall approve such plans by signature approval thereon, and a copy of such plans for the unit or for each increment. as such increment is developed will be attached hereto, marked "Exhibit all., and made a part hereof in all respects. RIGHT OF WAY and EXISTING UTILITIES The City will provide without cost to the State a right of way for the project free of all obstructions and encroachments,and of a width sufficient to provide properly for the improvements shown on the plans. The City will provide without cost to the State for the insta;l.ation, removal or other necessary adjustment of any and all utilities and services, whether publicly or privately owned, as may be necessary to permit the property improvement, maintenance and use of said project. Existing utilities shall be adjusted in respect to location and type of installation in accordance with require--ents of the State. If, upon receipt of written request by the State, the City does not promptly carry out any provision of this paragraph ancYdelay results in additional expense to the State, such expense will be the direct charge and obligation of the City. Construction Responsibilities The city and the State will provide for the items of construction for which each has assumed financial responsibility. For the items of construction which are the State's financial responsibility, the State will prepare or provide for the construction plans, advertise for bids, and let the construction contract or otherwise provide for the construction and will supervise the construction, reconstruction or betterment work as required by said plans, As the project is developed to the construction stage, either as a unit or in increments, the State will secure the City's approval of the construction plans for each increment or the unit prior to award of contract. If there are i1?81stq; d� at l}°�o�s nthe City's responsibility, the City will , repare plans and accomplish cons ruc n procedures w e subject to insection and approval of the State. If desired by the City and approved by the State, any part or all of the items of construction which are the City's responsibility may be included in theklans and made a part of the construction work to be undertaken by the State. In this event the State will prepare the plans, let the contract, and supervise the construction, and the city will pay to the State the cost of the items which are the City's responsibility. The details of cost participation and method of payment will be covered by a separate agreement to be executed between the City and tle State prior to the undertaking of construction. General The City and the State on the 20th day of November ,1956, entered into an agreement, hereinafter called "Municipal Maintenance Agreement", establishing the responsibilities of both Parties in respect to the maintenance and operation.of tlethen existing system of highways within the City. This Municipal Maintenance Agreement includes the provision that in the event the system of highways is changed, the full effect and all conditions of the Municipal Maintenance Agreement shall apply to the changed highway system unless the execution of a new agreement on the changed portion is requested by either the City or the State. The Municipal Maintenance Agreement under the general section headed ,Coverage" lists in Paragraph numbered one (1) the sections of highway routes on which the State assumed Certain main- tenance responsibilities, and under Paragraph numbered do (2) lists the sections on which the City would be responsible for all maintenance except that the State would erect and maintain route, directional and destination signs and markers. It is hereby agreed that these listings shall be modified as necessary to include this project in the listing under Paragraph numbered one (1) for certain maintenance responsibilities by the State, provided that if any Section of this project is to be excluded from the listing in Paragraph numbered one (1) and included in Paragraph numbered two (2), such section is identified as follows: It is further agreed by the City and State that no other revision in the Municipal Maintenaricl Agreement is required and that the full effect and all conditions of the Municipal Maintenance Agreement shall apply to this project. The Municipal Maintenance Agreement is hereby supplemented by this construction agreement for this project, and a copy shall be attached thereto and made a part thereof in all respects. Special Conditions The City will pay for the constructbn of median curb and curb and gutter on the South Lane as shoun in the plans. The City will provide for the entire cost of construction of the North Lane if deemed necessary or desirable in the future. The State will pay for construction of the South Lane between the curb and gutter and the median curb. Indemnification The City agrees to indemnify the State against any and all damages and claims for damages to adjoining, abutting or other property for which the State is or may be liable arising out of, in- cident to or in any way connected with the installation, the construction, the existence, the use and/or maintenance of such project and does hereby agree to indemnify the State against any and all court costs, attorneys' fees and all expenses in connection with suits for such damage and shall, if requested to do so in writing, assist or relieve the State from defending any such suits brought against it. Nothing in thi�agreement shall be construed to place any liability on the Cit or personal injury arising out of the construction of such project. Furthermore, it is not th intent of tM. agreement to impose upon the City the liability for injury to person or property arising out of the construction of the project by the State's contractor unless the State itself would be liable for such injury or damage. Nothing herein contained shall be construed to place upon the State any manner of liability for injury to or death of persons or for damage to or loss of property arising out of or in any manner ja connected with the maintenance or use of the project, and the City will save the State harmless from any damages arising from said maintenance and/or use of said project. It is further understood and agreed between the parties hereto that the improvement and/or maintenance of the project by the State is for the sole purpose of providing the travelling public a more adequate travel facility and shall never be the basis of any claim for State assumption, or participation in the payment, of any of the obligations of the City incurred in the improvements, past or present, of any street project. IN 'aITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Lubbock on the 20th day of November, 1956 and the Highway Department on the ' day of ,195 . ATTEST: /s/ Lavenia. Lowe City Secretary -Treasurer CITY OF LUDDOCK BY s S. S. FORREST, JR., MAYCR THE STATE OF TEXAS 'Certified as being executed for the pur- pose and effect of activating and/or carrying out th�orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: Administrative Engineer APPROVAL RECOISMDED: District Engineer Engineer Road Design Engineer, Land Service Roads 5-16-54-114 Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting yea, none voting nay, Ordinance No. 2079 was passed as emergency measure: ORDL\TANCE NO. 2079 AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF LUBBOCK., COUNTY OF LUBB)CK, TEXAS,.HEREBY REFERRED TO AS MUNICIPAL RAINTENANCE PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OR OTHEP AUTHORIZED CITY OFFICIATE, T" EXECUTE AND AFFIX THE CORPORATE SEAL. AND ITTEST.THE C9AIQE. A CERTAIN Ate' BETWEEN THE CIT THE STATE OF TEXAS, PROVIDING FOR THE MAINTENANCE AND USE OF 'THE b..11l LAINTEFANCE PROJECT: AN CLARILdG AN MRGENCY AN: PROVIDING THAT ORDINANCE SHOUID BE EFFECTIVE FROM AND AFTER ITS P MJNIMAL MAINTEidANCE AGREEtTENT STATE OF TE}:AS Q COUNTY OF LU'. BD CK O THIS AGREE1,1ENT, made this 20th day of November, 1956, by and between the State of Texas, hereinafter referred to as the "State," part/ of the first part, and the City of Lub=:ock, Lubbock County, Texas, (popu- lation 71,747, 1950 Federal Censi's) acting by and through its duly authorized officers, hereinafter called the "City", part of the second part. WITNESSETH AEEREAS, the City has requested the State to assun-e maintenance on State Highway routes within such city; and, Wi-AREAS, the Legislature 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 incorporated cities, towns, and villages relative to the location, relocation, construction, reconstruction, and maintenance, control, supervision, and regu- lation of State Highways within or through the corporate limits of such municipalities; and, j*IEMS, the general policy of the State Highway Commission provides that the State Highway Department may assist in maintenance, control, supervision, and regulation of any andAll State Highway routes -through municipalities 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 populAion in excess of 15,000 as shown by the last available Federal Census, conditioned that the City will enter into agreements with the State for tPe purpose 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 it known to the City that the State will assist the City in the maintenance, control, supervision, and 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 liabilities and responsibilities of the parties thereto; and, tu'HEREAS, all such agreements made with cities, towns, and villages are for the purpose of maintenance, control, supervision and regulation of State Highway routes, and shall in no way be considered 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 convenants and agreements of the parties hereto to be by them respectively kept and performed, it is agreed that maintenance 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 underthis agreement covers the State Highway routes and portions thereof which are listed and described as follows; F. M. Highway 2255 from West City Limits of Lubbock, East to U.S. Highway 62. 2. It is mutually agreed that on the portions of City Streets listed below, along which marked highway routes have been located as authorized by the City, the City shall retain full responsibility and control for mintenance, improvement, and regulation; and the State shall not be required or obligated to participate therein,e xcept 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. 3. In the event the present system of State Highway routes Aithin the City is changed by cancellation ,odified routing, new routes, or change in the City's corporate limits, the'State shall terminate maintenance and this agreement shall become null and void on that portion of the routes which are no longer routes of a State Highway; and the fall effect and all conditions of this agreement shall apply to the changed routes of the State Highwa js within the City, unless the execution of a new agree: ent on the changed portion of the routes is requested either the City or the State. General Conditions 1. The City hereby agrees and does hereby authorize the State to maintain the State Highway routes covered by this agreement in the manner set out herein. 2. It is mutually agreed that this agreement shall supplement any existing agreements between the gtate and the City for the maintenance or construction and maintencnae 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 agree- ent 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 conduied to determine th5t 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 respect to type of device, points of installation, and necessity will be fixed by agreement with the State after traffic and engineering surveys have been made. The City agrees that it will not install or maintain or permit the installa, tion of maintenance of any type of traffic control device which will affect or influence the utility of the State Highway routes without having obtained in waiting the prior approval of the State. Traffic control devices installed prior to the date of this agreement are hereby made subject to the terms of this agreement, and the City agrees to the removal of such devices which affect or influence the utility of the State Highway routes unless their continued use is approved in writing by the State. It is understood that future traffic signal 1�'ghts installed as a joint pro'ect by the City and State willbe the subject of a separate aureement out lining the responsibilities or installation and maintenance. 7. It is mutually agreed that, subject to approval by the State, any treet lighting system may be installed by the City provided the City shall pay all cost of installation, maintenance and operation except in those installations specifically covered by separate agreements between the City and State. Statefs 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 striping desired by the City may be placed and maintained by the City subject to the approval of the State. 3. The State agrees to maintain the pavement, base, and its support, and to maintain the normal shoulders on those sections where there is no curb and gutter. City's Duties 1. The City agrees to prohibit the movement of loads over State maintained streets which exceed the legal limits for designated State highways for either weight, lengthy height or width except those having proper permits from the State for such movements. 2. The City agrees to prolibit the servicing of vehicles within the normal width of streds and to prohibit signs , except official traffic signs, extending into the streets beyond the curb line, except on any streets and/or portions of streets for which an existing agreement between the State and the City specifies the control of sign location, in which 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 the State. 4. The City agrees to require installations, repairs, removals or adjustments of publicly or private;y owned utilities or services to be performed in accord with State Highway Department specifications and subject to approval of the State; and further agrees to pay to the State promptly the cost of making repairs to the subgrgde or surfacing 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 the State, and to retain and contilwe its duties of sweeping, flushing, and otherwise keeping the State High- way routes covered_.hereln/a clean and sanitary condition. 6. It is mutually agreed and acknowledged that the City shall retain all funtions and responsi- bilities for maintenance, control, supervision, and regulation which are not specifically described as the responsibility of the State. 7. The City agrees to prohibit the planting of trees.,of shrubbery or the creation or construction of any other obstruction within the right-of-way without prior agreement with the State. 8. The City agrees to continue its responsibility for proper construction, maintenance, and control of private entrance facilities. Indemnification 1. The 6ity agrees, to indemnify the State against any and all damages and claims for damages to adjaining, abutting or other property arising out of or in any manner connected with the maintenance or use of the State Highway covered herein for 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'writing, to assist or relieve the State from defending any such suits brought against it. Termination 1. It is understood and agre-d between the parties hereto that all obligation of the State created herein to maintain the State Highway routes covered by this agreement sh-:ll terminate if and 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 Highway Department. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the CitJ of on the. da3p -of , 1956, and the Highway Department on the day of 19 ATTEST: CITY OF LU3BOCK /s/ Lavenia Lowe BY: Js/ S. S. FORREST, JR., City Secretary -Treasurer MAY@ — STATE OF TEXAS Certified as being executed forthe purpose and effect of activating and/or APPROVAL REC=igi DED: carrying out the orders, established policies, or work programs heretofore District Engineer, District approved and authorized by the5tate high- way Commission: Maintenance Engineer BY Chief Engineer of Nairt -nance Operation Note: to be executed in triplicate and sup. orted by Munic 1pal ::aintenance Ordinance and certificate of City Secretary 56-16-57-115 In accordance with Notice to Bidders W.W.O. 11023, of record in minute Book 16 page 11, motion was made by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and I'laxey voting Yea, none voting Nay, that the bids be opened and read whereupon the following bids were opened and read. TABULATION OF BIDS W. W. 0. 11023 - November 20, 1956 1 - 10 K.G.D. & 1 - 20 M.G.D. PU1TS & 11,20TORS WEST LUBBOCK & BAILEY CO. WATER PROJECT BIDDERS Johnston Byron Layne Clowe & Peerless Pump Co. Jackson Pumps Inc. Cowan Pump Item 1 1- 10Ite i�# 12,608.00 9,463.00 10,540.00 9,606.00 10,093.00 Pump & Motor 72-;'�F% 77.8% 78.1% 77.3% 74.3% Item #2 18,052.00 17,516.00 15,882.00 15,927.00 15,878.00 1-20 K.G.D 81% 79.8% 79.3% 77.5% 75.6% Pum f- Notor ' Total 30,660.00 33,636.00 26,422.00 25,533900 25,971.00 Amount Bid 5% 2,000.00 1,500.00 5% 1,500.00 Security Low Bidder After consideration of the above bids, for the purchase of pumps and motors, motion was made by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Pro t em Baker and Com- missioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize the award to be made to Clowe and Cowan for purchase of the equipment the Mayor being hereby authorized to enter into contract. 56-16-57-116 On February 9, 1956, the City Commission considered acquiring tracts 14 and 13 and the South one fourth of Tract 11 and West one fourth of Tract 15, J.W. Jarrott Subdivision to the City of Lubbock to expand the Maxey Park. Authorization was given by the City Commission for 51,000 cu. yds. of dirt to be moved to reclaim the property for J.H. Covington and oyher members of the family in re- turn fer a deed to the above described land. The City agreeing to move said dirt with City equip- ment and said expenditure to be paid from Park Bond Funds. Due to the long delay in closing this transaction and because at this time it is felt by the City_of Lubbock that said transaction can n& be consumated, motion was made by Commissioner Casey, seconded by Commissioner Byrd, motion carried Mayor Pro tem Baker, and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to with- draw theoffer made by the City of Lubbock to remove the dirt as mentioned above and to terminate any further endeavors to obtain the above described land for park purposes. Said land being owned by the Covirgton Estate. The City Engineering Department being hereby instructed to advise the Covington Estate of this action taken herein by the City Commission. 56-16-57-117 Request was received from the Lubbock Poster Company for the City to furnish water to lartbcape an existing sign area across Avenue A and North of the entrance to Mackenzie Park. Motion was made by Commissioner Byrd, seconded by Commissioner Naxey, motion carried, Mayor Pro-tem Baker and Com- missioners Byrd, Casey and Maxey voting Yea, none voting Nay, to REJECT the request. 56-16-57-118 There was discussion of paragraph 6.1-5, Section 6 of Zoning Ordinance No. 1695, said paragraph referring to construction sheds, or houses, being used as offices where construction is in progress. It has been found that in some instances said construction sheds or buildings have been left in place while actual constuction was not carried on; motion was made by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Ratiyor Protem Baker and Commissioners Byrd, Casey and Kaxey voting Yea, none voting Nay, to request the City Planning and Zoning Commission to give consideration to removal of said sheds immediately upon completion of the building being constructed or upon request of the City Building Inspector, and make recommendation to the City Commission. 5 6-16-57-119 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, to authorize purchase of the following paving certificates fram J.R. Fanning, contractor. This paving having been laid on Quaker Avenue: 56-16-57-120 Sub Unit # 5 of Unit 1859 David M. Jackson W. 62.5 ft. of the E. 77.5 ft. of Lot 12, Block 23, College Heights C. G. McKinzie W. 85 ft, of Lot 1. Block 22, Collge Heights H. H. Nance S. 22.5 ft. of the W. 85 ft. of Lot 1, Block 15, College 1s hts Sub Unit #4 of Unit 1859 H. H. Nance N. 177.5 ft. of the W. 85 ft. of Lot 1, Block 15, College Heights Total r 636.48 636.48 84.87 669.48 2,027.31 Motion by Commissioner Byrd, seconded by Commissioner Casey, motion (axried, 144or Protem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize construction, by City Forces., of a culvert across Quirt Avenue from 19th to 24th-Street, at an estimated cost of $20,000, this being first stage of said construction. Payn.ent for said construction to be made from Budgeted Funds, Account No. 89-157-6. It beingheressary for this culvert to be placed since it is.co emplated that this street will be paved.in 1956 and the culvert is requived to take care of the d r nanpl ,. 6-16-58-121 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Por-tern Baker and Commissioners Byrd,. Casey and h1axey voting Yea, none voting Nay, Ordinance No. 2075 was passed as emergency measure. ORDIN AN CE NO. 2075 AN ORDINANCE DESIGNATING A PORTION OF CERTAIN AVENUES AND STREETS AS ONE-WAY STETS AN'il PER- MITTING VEHICULAR TRAFFIC TO PROCEED.IN ONLY ONE DIRECTION ON SUCH DESIGNATED STREETS; AUTHORIZING THE INSTALLATION OF "ONE—WAY" SIGNS -BY THE_CITY TRAFFIC ENGINEER; REPEALING ALL PARTS OF ORDINANCES IN CONFLICT HERE:arITH; PROVIDING. A PENALTY AND. D ECLARING AN 112MGENCY AND DIRECTING THE CITY . SECRE— TARY TO CAUSE PUBLICATION OF THIS ORDINANCE ONE TIME AND DECLARING M EFFECTIVE DATE TO -BE TEN DAYS AFTER THE DATE OF SUCH PUBLICATION. 5-16-58-122 There was discussion of setting a building line on Avenue Q, South of Lath Street, but no action was taken. 6-16-58-123 Motion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting ea, none voting Nay, to appoint be following persons as alCousing Board." Said.Board to be requested to work with the City of Lubbock in connection with the urban renewal program now being carried on in the City of Lubbock. Savings and Loan Association Real Estate Board School Board Bar Association Council of Churches Tuberculosis Association League of Women Voters Lub-o ck Home Builders Association Community Planning Council Guadalupe Urban Renewal Conmiittee Texas Tech Newspaper Ex Officio Members: J.D. Hassell, Jr. Ray Chapman & Milton Sipmons John Christmann Howard Davidson Johnnie yDaVis Mrs. Harry Sharp Mrs. Hill Bgggett L. T. Foster and Norman Igo Mrs. Roy Riddel, Jr. Augustine Estrada Elo Urbanovsky C. W. Ratliff Planning Department Orville Alderson Legal Department Worth Fullingim Health Department Dr. C.A. Pigford Fire Department A. C. Black Building Inspector George Hay School Planner Ross Wimbish 6-16-58-124 The Claim of Betty Owens against the City of Lub'l-:ock, filed with the Secretary -Treasurer on August 22, 1956, of record in Claims Journal at page_391, was considered by the City Commission, said claim in the amount of $329.70. After consideration of this claim, motion was made by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and l"laxey voting Yea, none voting Nay, to REJECT THE CLAIK. 6-16-58-125 There was discussion by the City Commission of lightinj'the municipal auditorium, located on the Texas Tech campus, but no action was taken. .ice• K-= 6-16-58-126 Lotion by Commissioner Maxey,seconded by Commissioner Casey, motion carried, "ayor Pro -tern Baker and Commissioners Byrd, Casey and 1iaxey voting Yea, none voting ay, the following resolution was passed: RESOLUTION BE IT RESOLVED BY THE CITY COB ISSION OF THE CITY CF LUBBOCK: That the Commission establish a temporary Public Transportation Board with three members with authority to meet and consult with persons and corporation representatives relative to operating a bus service in the City of Lubbock. The Board to work out a new franchise in the best interest of the City; and, That the proposed franchise holder have a minimum of $150,000 in cash and/or the following assests: First class buses and other necessary rollinE stock, cash, spare parts, insurance coverage, etc. (excluding real estate and other properties not actually to be used in ope-ation of the business)and be further so equipped that the operator can render sustained bus service in Lubbock under the franchise effective February 1st 1957• ,and upon completion of its work the Board make it recommendation to the City Commission On motion of Commissioner Maxey, sew nded by Commissioner Casey the foregoing resolution was passed by the Commission by the Following votes _ Commissioners Voting Aye: Byrd, Casey,Maxey and Mayor Pro-tem Baker Commissioners Voting Nay: None This 20th day of November, 1956 ATTEST: Ls/ Lavenia Lowe City Secretary -Treasurer s S . S . FORREST , JR MA_ Y� ORR _ 6-16-58-127 Motion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Pro-tem. Baker and Commissioners Byrd, Casey and Maxey voting Yea, none vothg Nay, to appoint the following citizens as members of the temporary Public Transportation Board as established by the above resolution: Hurley Carpenter, Chariman; Harry Morris and-kylie Pierce 56-16-59-128 Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, "layor Pro tem Baker and Commissioners Byrd, Caseyand Maxey voting Yea, none voting Nay, to approve and authorize Electric Work Order No. 12005 in the amount of $235,000.00 for the construction of a subst4ion on the 69,000 volt transmission system near Brownfield Highway and Vicksburg Avenue. Said substation to be 20,000 K.V.A., 4 circuit, and to be known as Vicksburg &..bstation. Payment for said construction to be made from 1956 Waterworks Improvement (Electric) Fund. 56-16-59-129 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, Ordinance No. 2080 was passed as emergency measure. ORDINANCE NO. 2080 AN APPROPRIATION ORDINANCE VMEREAS, the City Commission of the City of Lubbock finds it is necessary to appropriate certain specific finds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest wh ich creates ar_1 emergency; NOW, THERE- FORE, BE IT ORDAINED BY THE CITY Cp1S ISSION OF THE CITY OF LUBBDCK: There is hereby appropriated out of the following described bond fund, towit: 1956 WATERWORKS IMPROVEMENT (ELECTRIC) FUND The sum $ 235,000.00 For the following purpose: To install a 20,000 KVA - 4 circuit distribution substation near Vicksburg and Brownfield Highway. It is described as the Vicksburg Substation on EWO 12005. 56-16-59-130 Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Na?, to approve and authorize the Electric Work Order 12006 in the amount of $248,000, for construction of a substation on the 69,000 volt transmission s�Tstem for Power Plant No. 2. This substation to be located near Electric Plant No.2 on the Plainview Highway. It being a 20,000 KVA-2 circuit substation to be known as Mackenzie Substation. Payment for said construction to be made from 1956 Waterworks Improvement (electric) fund. 56-16-59-131 Motion by Commissioner Casey, secondedd by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2081 was passed as emergency measure. ORDINANCE N0. 2081 AN APPROPRIATION ORDINANCE v4HEREAS, the City Commission of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW, THEREFO.RF, BE IT ORDAINED BY THE CITY COF3JSSION OF THE CLTY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: 1956 Waterworks Improvement (Electric) Fund The sum $ 248,000.00 For the following purpose: To install a 20,000 KVA - 2 circuit distribution substation at Power Plant #2. It is described as the Mackenzie Substation on EWO 12006. 56-16-59-132 The City Commission considered the verbal proposal of R. B. Blaylock to convey to the City the South one-half of Lot 9, Usleman Addition, for a consideration (f $4995•00• The Cityhaving considered purchase of this property in order to open 29th Street. Motion was made by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Protein Baker and Commissioner s Byrd, Casey and 1+!axey voting Yea, none voting Nay, to REJECT tholproposal. 56-16-59-133 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting ea, none voting Nay, Ordinance No. 2082 was passed on first reading. ORDINANCE NO. 2082 56-16-59-134 RESOLUTION PAGE 62 ITEM L44 AN ORDINANCE ABANDONING AND CLOS_E1"_r A PORTION OF 38TH STREET BETWEEN MAGNOLIA AND LOCUST 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 ABANDCIU Pi .ITT OF A PORTION OF 38TH STREET AS )FORESAID. Motion by Commissioner Cas=y, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey, voting Yea, none voting Nayri Ordinance No. 2083 was passed on first reading. ORDINANCE NO. 2083 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF THE EAST -WEST ALLEY LYING BETWEEN BLOCKS 1 AND 2 OF THE RATLIFF ADDITION TO THE CITY OF LUBBOCK, LUBB0C1- COUNTY, TEXAS, SAID ALLEY BEING. MORE PARTICULARLY DESCRIBED IN. THE BODY OFTHIS ORDINANCE ; AND DIRECTING THE CITY ENGINEER TO INDICATE THE CLOSING AND ABANDONk1ENT OF SAID ALLEY. QUIT CLAIM DEED THE STATE OF TEXAS 0 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK 0 THAT the CITY OF LUBBOCK, A Home Rule Municipal Corporation, acting by and through its Mayor, heretofore authorized by resolution of the City Commission, for and in consideration of the sum of one and N0/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid, the receipt of which is hereby acknowladged, does by these presents BARGAIN, SELL, RELEASE, and FOREVER QUIT CLAIM unto the present record owners of Lots 1, 2, 3, 4, and the East 30 feet of Lot 5, all in Block 1, of the Ratliff Addition to the City of Lubbock, Lubbock County, Texas, so much of the North 1/2 of the East�West alley which lies between Blocks 1 and 2 of the Ratliff Addition to the City of Lubbock, Lubbock County, Texas, as abutts on said 1yots 1, 2, 3,4, and the East 30 feet of Lot 5, all in Block 1 ofthe Ratliff Addition to the City of Lubbock, Lubbock County$ Texas, and does by the s(1presents BARGAIN, SELL RELEASE, and FOREVER QUIT CLAIM unto the present record owners of Lot 1, 2, 3, 4, and the East 30 feet of Lot 5 in Block 2 of the Ratliff Addithn to the City of Lubbock, Lubbock County, Texas, so much of the �outh 1/2 of the East-West alley luring between Blocks 1 and 2 ofthe Ratliff Addition to the City of Lubbock, Lubbock County, Texas, as abutts on Lots 1, 2, 3,4 and the East 30 feet of Lot 5, all in Block 1 of the Ratliff Addition to 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 in any marnr belonging unto the said present record owra s as aforesaid, their heirs, assigns and successors forever so that neither the City of Lubbock, nor its successors nor any person or persons claiming under it shall at any time hereafter have, claim or demand any ri;hfftitle 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 sub- " scribed by its Mayor,land its duly attested seal to be affixed by its secretary -treasurer, all in the City of Lubbock, Texas, this 20th day of November , 1956. CITY OF LUBBOCK BY /s/ S. S. FORREST, JR., ATTEST: r7AYOR /s/ Lavenia Lowe City Secretary -Treasurer THE STATE OF TEXAS COUNTY CF LUBBOCK BEFORE JJE, 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 sub- scribed 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. GIV,1 UNDER 11Y HAND AND SEAL OF OFFICE, this 20th day of November ,A.D.,1956. Notary Public, Lubbock County, Texas 6-16-60-135 Mr. Warlick Carr, Attorney for harry Porter Jr, appeared before the City Commission requesting the City Commission to reconsider zone case No. 603. Mr. Carr requesting hat lots 6 through 10, both inclusive, Block 12, College View Addition, property located on 34th Street at Boston Avenue, be changed from "C-2" to "C-3" zoning district. Said zone changes having been approved by the Zoning and Plann-*ng Commission but Rejected by theCit y Commission at the zoning hearing on November 8, 19561. Motion was made by Commissioner Maxey, seconded by Commissioner Byrd, Motion carried, Mayor Pro-tem Baker and Commissioner Byrd, Casey and Maxey voting lea, none voting Nay, to authorize this property to remain in a 'lc-2" zoning district. 6-16-60-136 Motion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Fro t em Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize a Christmas parade to be held under the direction of Chamber of Commerce at 7 o'clock P.M. December 15,1956, the parade to assemble at the Panhandle and Santa Fe Railway Depi on East Main Street. Proceed South to Broadway; West on Broadway to College Avene; North on College Avenue to 6th Street and 'V:est to the Municipal Auditorium. 6-16-6o-137 Bids having b en a 9e ed for fu fishing material and installing tunnel, liner, plate and other misceilaneouy;-R"i�'`� r�bua�ivc i kngs in the City of Littlefield, bids to be received at 5 o'clock P.1�. November 21, 1956, motion was made by Commissioner Casey; seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize the Director of Public Works, the City Engineer and the Director of Finance, to receive and open said bids at the time atated above and to award contract to the low bidder in the event said bid is s..tisfactory. The City Commission to confirm award of said bid at their next regular meeting. This work being in connection with construction of water line to serve the City of Lubbo rk . ;6-16-60-138 Motion by Commissioner Maxey., seconded by Commissioner Casey, motion carried, Mayor Pro-t em Baker and Commissioner Byrd, Casey and Maxey voting ea, none voting Nay, to authorize exemption from future tax assessments, and cancellation of 1954 taxes in the amount of $345.06 and the 1955 taxes in the amount of 4319.50, against Lots 1, 2, 3, and East 22' of Lot 4, Block 5, Ellwood Place Addition, prVerty being owned by the Texas Technological College Foundation and because said building being used for educational purposes it is not subject to taxation. 56-16-61-139 Motion by Commissioner Maxey, Seconded by Commissioner Byrd, motion carried, Mayor Fro -tern Baker and Commissioners Byrd, Casey and axey voting Yea, none voting Nay, Ordinance No. 2084 was passed as emergency measure: ORDINANCE NO. 2084 AN AFPROPRIAT ION ORDr ANCE WHEREAS, the City Commission of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW: THEREFORE., BE IT ORDAINED BY THE CITY C011MISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: PARK BOND FUND The sum $ 8,800.00 For the following purpose: Landscaping and watei;6ystem for the Auditorium -Coliseum 56-16-61-140 Motion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Pro.'tern Baker and Commissioners Byrd, Casi:y and Maxey voting Yea, none voting Nay, Ordinance No. 2085 was passed as emergency measure. ORDINANCE NO. 2085 AN AP PROPRIiiTION ORDINANCE &iEt E,AS, the City Commission of the City of Lubbock finds it is necessary to appropriate certain, specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency, NOV., THERE- FORE. BE IT ORDAINED BY THE CITY C%BaSSION OF THE CITY OF LUBBOCK.- There is hereby appropriated out of the following described bond fund, to -wit: WATER BOND FUNDS The sum $ 28,000.00 For the f ollaa.ng purpose: electric service lines in League 206, Bailey County, Texas 56-16-61-141 Motion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Pro -tern Baker and Comr:_issioners*Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2086 was passed as emergency measure. ORDINANCE NO. 2086 AN APPROPRXION ORDINANCE WHEREAS, the City Commission of the Cily of Lubbock finds it is necessary to appropAa.te 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, THERE- FORE BE IT ORDAINED BY THE CITY COM11ISSION OF THE CITY OF LUBBOCK, There is hereby appropriated out of the following described bond fund, to -wit: 1956 Street Improvement Bond Fund The sum $ 755.00 1 1 For the following puprose : Right of way on Quirt Avenue, filing fees and cost of construction of a fence for Mr. W. B. Price. 56-16-61-142 Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Pro -tern Baker and Commissioners Byrd, -Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2087 was passed as an emergency measure: - ORDINANCE NO. 2087 AN APFROPRXION ORDINANCE WHEREAS, the City Commission of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency, NOW THERE- FORE, BE IT ORDAINED BY THE CITY COM1IISSION OF T HE, CITY OF LUBBOCK There is hereby appropriated out of the following described bond fund, to -wit: Water Bond Funds The sum 4s500.00 For the following purpose : Installation of 4 fire hydrants at the Auditorium -Coliseum. 56-16-61-143 Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Baker and Commissioners Byrd, -Casey and Maxey voting Yea, na voting Nay, to authorize installation of four additional fire hydrants at the City's municipal Auditorium Coliseum site on the Texas Tech campus, at an estimated cost of $4500. Payment for said fire hydrants and installation to be made from Water Bond Funds. I� -- - -- ---- - --- - µ- 6-16-62-144 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor 15ro-tom Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following/resolution was ee Quit Claim passed: eed recorded n page '5"9 & RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER A QJIT CLATll DEED ON BEHALF OF THE CITY OF LUBBOCK TO A CERTAIN PORTION OF THE FAST -WEST ALLEY .LYD,G WjTV.Y ,JiL CKS .1 AND 2 OF THE RATLIFF ADDITION TO THE, CITY OF LUBBOCK,.LUBBOCK COUNTY, TEXAS, SAID.VOITION OF ALLEY.BEING MORE PARTICULARLY DESCRIBED IN THE BODY CF THIS RESOLUTION.. - 0 WHEREAS,it has been determined by the City Commission that a certain portion of the East-West Alley, lying between Blocks 1 and 2 of the Ratliff Addition to the City of Lubbock $_ Lubbock County, Texas, as more particularly described hereafter is no longer needed for public travel purposes;and, TWHEREAS, 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 present record owners of property abutter said portion of the East rarest Alley lying between Blocks 1 and 2 of the Ratliff Addition to the City of Lubbock, Lubbock County, Texas, as more particularly described hereafter; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMN�SSION OF THE CITY OF LUBBOCK: S:-CTION 1. THAT the Ma, -,-or of the City of Lubbock is hereby authorized and directed to execute and deliver on behalf of the City of Lubbock a Quit Claim Deed to the present record owners of property abutting on a portion of the East-West Alley lying between Block 1 and 2 of the Ratliff Addition to the City of Lubbock, Lubbock County, Texas, said portion of alley being described by metes and bounds as follows, to -wit: BEGINNING at a point said point being the Northeast corner of Lot 1, Block 2 of the Ratliff Addition to the City of Lubbock, as recorded in the Lubbock County Deed Records, Vol. 26 page 134., Lubbock County, Texas; THENCE North a distance of 20 feet to a point; THENCE West a distance of 230 feet to a point; TH&JCE South a distance of 20 feet to a pointthat lies 20 feet East ofthe West line of Lot 5, Blk 2, Ratliff Addition; THENCE East a distance of 230 feet to the POLdT OF BEGINNING and containing; 4.600 sq. feet. SECTION 2. THAT the City Secretary -Treasurer of the City of Lubbock, Texas, shall attest such quit claim deed, affixing the seal of the City of Lubbock thereto.. Passed by the City Commission this 20th day of Yovember ,1956. ATTEST: /sl Lavenia Lowe City Secretary -Treasurer /s/ S. S. FORREST, JR., MAYOR 6-16-62-145 Motion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Pro -tern Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLTUION WHEREAS, 50th Street is a Thoroughfare street and immediate steps should be taken to construct pavement thereon, therefore BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: That building lines be promptly established and the recommended right-of-way be acquired where needed and at the earliest practicable time, paining assessments be made to expedite completion of 50th Street as a Thoroughfare or collector street between Avenue A and the Slide Road. Also that whereever it ray be necessary to extend the city limits to include 50th ..Street, that such extension be forthwith accomplished, and the extension include a minimum of three hundred feet beyond and south of the south line of 50th Street to provide zoning and protect the thoroughfare fran objectionable-mproveme:its. On motion of Commissioner Maxey, seconded by Commissioner Casey, the foregoing resolution was duly passed this 20th day of November ,1956 by the following vote. Commissioners voting AYE: Byrd, Casey and Maxey and Mayor Pro tem Baker Commissioners voting NAY: None ATTEST: Is/ S. S. FORREST, JR., MAYOR LA.VF.�TZ A LOWE tilrenra Lowe, City Secretary -Treasurer 56-16-63-146 Motion by Commissioner Maxey, seconded by commissioner Casey, motion carried, Mayor Pro -tern Baker and Commissioners Byrd, Casey and Maxey voting Yea, hone voting Nay, the following resolution was passed: RESOLUTION WHEREAS, the City has insufficient funds to acquire right-of-way on 50th Street to make it a freeway when available funds are considered in the light of prices being asked for the proposed right-of-way by property owners at the present time; and further, that in order to secure the funds allocated by the state for this first segment of the free -way, it is necessary to acquire the right- of-way within the immediate future; THEREFORE, BE IT RESOLVRB BY THE CITY C%2,•'ISSION OF THE CITY OF LUBBOCK: That the staff be instructed to proceed with the co-operation of the County and the Texas Highway Commission, to designate a new freeway, right-of-way south of 50th Street, and That extreme consideration be given to locations which may be had by the City without cost through dedication and gift, due to the property owners recognition of the real values to accrue to them by reason of the loc._tion of the freeway. That if necessary or advisable, consideration be given to extending the City Limits south of and to include theproposed new location route for the freeway. On this 20th day of November , 1956, theforegoing resolution was on Lotion of Commissioner Maxey seconded by Commissioner Casey ,duly passed by the following vote: Commissioners Voting AYE: Byrd, Casey, Yaxey and Mayor Pro -tern Baker Com Commissioners Voting NAY; None s ATTEST: Zs/ Lavenia Lowe City Secretary -Treasurer 56-16-63-146a notion by Comrrd.ssioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Fro -tern Baker and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION A RESOLUTION AU7HORIZING THE MAYOR TO CONVEY ON BEHALF OF THE CITY OF LUBBOCK BY QUIT -CLAIM DEED LANDS MORE PARTICULARLY HEREINAFTER DESCRIBED. WHEREAS, the City Commission finds thatthat land as hereinafter described is excess ]and �eL , acquired for right -of -way purposes for the extention of Quirt Avenue; arid, - WHEREAS, it is deemed advantageous to the public interest to convey said land to DEEHA G KcILHANEY ENDSLEY, the owner of the land abutting the lands to be conveyed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COrUaSSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor BE, and he is hereby authorized and directed to convey by Quit - Claim deed the following described lands,to-wit: A tract of land out of Section 4, Block 0, Lubbock County, Texas, more fully described as follows: BEGIINING at a point in the South line of Section 4, Block 0, said point being 70.0 feet East to the Southwest corner of said Section 4, Block 0; TIMICE North 390.0 feet to a point; THENCE South a distance of 399.24 feet to a point, said point being in the South line of said Section 4, Block 0. THENCE West 30.0 feet to the POINT OF BEGINNING. to DEWIA NCILHANEY ENDSLEY as her sole and separate property and estate. SECTION 2. The City Secretary -Treasurer is directed to attest the execution of such instrument and conveyance by signing -her name and affixing the official seal of the City of Lubbock thereto. Passed by the Commission on this the 20th ,day of November ,1956. ATTEST: / s S . S . FORREST z J8. �L _ TKAYOR / s/ L_Wenia Lowe City Secretary leasurer QUIT CLAIM DEED THE STATE OF TEXAS Q KNOW ALL MEN BY THESE PRESEUTS: COUNTY OF LUBBOCK ¢ THAT, the CITY OF LUBBOCK, a Home Rule Municipal Corporation acting herein by and through its Mayor heretofore duly authorized, of the County of Lu�fbock, and State of Texas, for and in consider" ationof the sum of ONE DOLLAR AND NO/1 ($1.00) and other good and valuable consideration to it inhand paid by DEhiA NicILHAivTEY,/u her. separate funds and estate, of the County of Lubbo and State of Texas, the receipt of which is hereby acknowledged, do by these presents, BARGAIN, SELI RELEASE, AND FOREVER QUIT CLAIM unto the said DEFLA I CILHANEY I�NDSLEY, as her separate estate, and her heirs and assigns,.all its right and interest in and to that certain tract or parcel of land lying in the County of Lubbock and State of Texas, described as follows, to -wit: A Tract of land out of Section 4, Block 0, Lubbock County, Texas, more fully described as follows: BEGINNING at a point in the South line of Section 4, Block 0, said point being 70.0 feet East +V of the Southwest corner of said Section 4, Block 0; R THRICE North 390.0 feet to a point; THENCE North 870 001 East, a distance of 3().04 feet to a point; T HEi;CE South a distance of 399.24 feet to a point, said point being inthe South line of said Section 4, Block 0; THENCE West 30.0 feet to the POINT OF BEGINNING. TO HAVE AN; TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said DEEMA MCILHANEY ENDSL�;Y, her heirs and assigns, forever, so that neither the CITY OF LUBBOCK, its successors or assign, nor any person or persons claimirq(mder it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid ;remises or appurtenances, or any part thereof. IN wITNEaS WHEREOF, it has taus„d these presents to be signed by S. S. FORREST, JR., its Mayor, this the 20th day of November 21956/ ATTEST: Ls/ Lavenia Lose City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK /s/ S. S. FORREST, JR., MAYOR BEFORE ME, the undersigned authoioty, a Notary Public in and for Lubbock County, Texas, on this day personally ajpeared S. S. FORREST, JR., knownto me to be the person whose name is sub- scribed to the foreeoine instrument. and acknowledged to me that he executed the same as the act and de! and in 156-16-64a-147 Bids were read for purchase of miscellaneous electric hardware, being bid Na. 2585. After consideration of allbids, motion was wade by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Pro -tern Baler and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize the award to be made as follows: Accept the bid of Nelson Electric Company for purchase of item 125,8 and 9. Accept the bid of Westinghouse Supply for purchase of item 2, 4, and 10. Accept thebid pf General Electric Supply Co. for purchase of item 7. Accept the bid of R and A Supply Ccmzpany for purchase of item 3. Accept the bid Graybar Electric Supply Cm pany for purchase of item No. 6. 56-16-64a-148 Bids were read for miscellaneous electric hardware, being bid No. 2586. After consideration of all bids submitted, motion was m de by C=aissiener Casey, seconded by Commissioner Maxey, motion carried, Mayor Pro -tees Baker, and Cv=issioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize the purchase to be made as follows: Accept the bid of Westinghoum Electric Supply Co. for purchase of items 1,2,3,4, and 8. Accept the bid of Grayvar Electric Supply Company for purchase of item 5. Accept the bid of Southwestern Electric Supply Company for purchase of item 6. Accept the bid of C. B. Anderson company for purchase of item 7. 57-16-64a-149 Bids wer4 read for purchase of cast iron water pipe orbsbestos cement pipe being bid No. 2596. After consideration of all bids submitted, motion was made by Commissioner Casey , seconded by Commissioner Byrd, motion carried, Mayer Pro-tem Baker and Crnnissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize purchase to be made as follows: Accept the bid of United State Pipe and Foundry Company for purchase of items 1 and 2. Accept tha bid of American Cast Iron Pipe Company for purchase of items 3 and 4. 57-16-64a-150 Bids were read for purchase of miscellaneous Electric Hardware, being bid No. 2597. After consideration of all bids submitted, notion was made by Catmissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Pro -tern Baker and Cohnissioners Byrd, Casey and Maxey voting Yea, none voting Nay; to authorize the purchase to be made as fellows: Accept the bid of Graybar Electric C®. for purchase of item 1. Accept the bid of Nelson Electric Ca. for purchase of items 2 and 3. Accept the bid of R and A Supply Company for purchase of items 4,5,6, 7 and 8. 57-16-64a-151 Bids were read for purchase of various sizes vetrified sewer tile, being bid No. 2611. After consideration of all bids submitted, motion was made by Commissioner Maxey,, seconded by Commissioner Byrd, motion carried, Mayor Pro -too Baker and Cou nissioners Byrd, Casey and Maxxey voting Yea, none voting Nay, to authorize the purchase to be wade as follows: Accept the bid of Southern Company of San Antonio, Texas, for purchase of items 1, 2 and 3. Accept the bid of Clove and Cowan Inc. for purchase of item 4. Accept the bid of Morrison Supply Company for purchase of item 5. 57-16-64a-152 Bids were read for concrete culvert pipe, being bid 2617. After consideration of the bid submitted, motion was made by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Pro -ten Baker and Commissioners Byrd, Casey and Maxey voting Yea, none votL ng Nay, to authorize acceptance of the bid of Gifford -Hill Panhandle Construction Company 6n there number 2 alternate bid, for the purchase of 760'ef pipe. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION THE CITY COISaSSION RECESSED TO PMET IN RECESSED REGULAR Y=L G OF NOVEMBER 28, 1956 at 8:30 A .n. READ AND APPROVED THIS THE 6th DAY OF December — 51956. ATTE:�T. S. S. FORREST, JR., La nia Lowe, Ci Secretary -Treasurer