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Minutes - City Council - Regular - 5/12/1955
REGULAR MEETING LUBBOCK, TEXAS May 12, 1955 The City Commission of the City of Lubbock, Texas, met at 9:30 A.M. in regular session at the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor Murrell R. Tripp, Commissioners Hurley Carpenter, S.S. Forrest and Lucian Thomas, City Manager Steve Matthews, City Attorney Vaughn E. Wilson and City Secretary -Treasurer Lavenia Lowe, Absent: Commissioner Lennis Baker Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest, and Thomas voting Yea, none voting Nay, the following City Commission Minutes were approved: Regular Meeting . . . . . . . . . . . . . . . . . . . . April 14, 1955 Recessed Regular Meeting, . . . . . . . . . . . . . . .April 23, 1955 Recessed Regular . . . . . . . . . . . . . . . . . . . .April 26, 1955 Regular heeting. . . . . . . . . . . . . . . . . . . . April 28, 1955 Recessed Regular Meeting . . . . . . . . . . . . . . . .May 21 1955 55-14-52-127 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1713 was passed on second and final reading. ORDINANCE NO. 1713 AN ORDINANCE AMENDING SECTION (3) THREE (h) OF ORDINANCE NO. 1535, THE CAPTION OF WHICH IS, "AN ORDINANCE REGULATING TAXICABS USING PUBLICWAYS WITHIN THE CORPORATE LIMITS bF THE CITY OF LUBBOCK, DEFINING THE WORDS 11CITY11, "STREET11, 11STREETS11, "TAXICAB", "PERSONS", "OWNER", "TAXICAB OPERATOR", "DRIVER", "CHAUFFEUR", "DIRECTOR", FOR THE PURPOSE OF THIS ORDINANCE; PRESCRIBING DUTIES OF DIRECTOR OF PUBLIC SAFETY IN ENFORCEMENT OF THIS ORDINANCE; DESIGNATING THE QUALIFICATIONS OF PERSONS ENTITLED TO OPERATE A TAXICAB, REQUIRING A CITY CHAUFFEUR'S LICENSE; REQUIRING THE FILING OF WRITTEN APPLICATIONS TO OBTAIN A CHAUFFEURtS LICENSE; PROVIDING FOR AN APPEAL TO THE CITY COMMISSION BY APPLICANT WHEN DENIED A CITY CHAUFFEUR'S LICENSE; MAKING SUCH LICENSES NON -TRANSFERABLE; PROVIDING FEES FOR ROffe.AL APPLICATIONS; PROVIDING FOR ISSUANCE OF LICENSE WHEN APPLICANT MEETS QUALIFICATIONS PROVIDED BY ORDINANCE; PROVIDING IDENTIFICATION CARDS FOR TAXICAB DRIVERS, PHOTOGRAPHS, EXIBITION OF SAME IN CABS BY DRIVERS AND CHAUFFEURS; PROVIDING 45 DAYS GRACE PERIOD FOR SECURING CHAUFFEUR'S LICENSE; PROVIDING FOR TEMPORARY CHAUFFEUR'S PERMITS; MAKING IT UNLAWFUL TO DRIVE OR OPERATE A TAXICAB OR M21IT THE SAME TO BE DONE WITHOUT FIRST HAVING SECURED THE CHAUFFEUR'S LICENSE PROVIDED FOR; MAKING IT UNLAWFUL FOR ANY SUCH CHAUFFEUR TO KNOWLIiNGLY TRANSPORT CERTAIN CLASSES OF PERSONS WITH INTENT TO AID SUCH PERSONS IN THE COMMISSION OF UNLAWFUL ACTS; PROVIDING FOR THE DUE HANDLING OF ALL LUGGAGE, ETC., TRANSPORTED; PROVIDING FOR REVOCATION OF CHAUFFEUR'S LICENSE; PROVIDING A PENALTY; DIRECTING PUBLICATION OF THE DESCRIPTIVE CAPTION OF THIS ORDINANCE, AND PROVIDING EFFECTIVE DATE OF ITS PROVISIONS TEN DAYS AFTER THE SECOND PUBLICATION." PROVIDING FOR A RENE14AL FEE OF ONE DOLLAR AND N0/100 ($1.00) INSTEAD OF FIVE AND NO/100 DOLIA RS ($5.00); AND DIRECTING PUBLICATION OF THE CAPTION AND PEP'ALTY CLAUSE, HEREOF. 55-14-52-128 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1715 was passed on second and final reading. ORDINANCE NO. 17�1'' AN ORDINANCE REGULATING CERTAIN USES OF THE MEADOWBROOK MUNICIPAL GOLF COURSE, MAKING IT UNLAWFUL TO USE THE PREMISES WITHOUT HAVING PAID THE PRESCRIBED FEE; PROHIBITING MOTOR VEHICLES ON FAIRWAYS AND GRASS; PROHIBITING LOITERING ABOUT THE GOLF COURSE PREMISES; MAKING IT UNLAWFUL TO WILLFULLY DAMAGE PROPERTY LOCATED THEREON; AUTHORIZING EJECTMT AND ARREST OF PERSONS VIOLATING THE ORDINANCE; PROVIDING A PENALTY AND FURTHER PROVIDING FOR PLACING COPIES OF ORDINANCE IN CONSPICUOUS PLACES ON GOLF COURSE. 55-14-52-129 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: GWO 1100 RESOLUTION RESOLUTION APPROVING AND ADOPTING ESTIMATE OF THE OOST OF MKPROVEMENTS, OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF GRADING, LAYING CURB AND GUTTER AND PAVING PORTIONS OF CERTAIN STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEAS AND CERTAIN STREETS AND HIGHWAYS, AVENUES AND/OR ALLEYS ALONG THE BOUNDARY OF SAID CITY, SAID IMPROVEMENTS BEING DESIGNATED AS G O NO. 1100, FIXING THE TIME AND PLACE FOR A HEARING TO THE OWNERS OF ABUTTING PROPERTY, AND OTHER PERSONS INTERESTED IN SAID PROPERTY AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE ON BEHALF OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered that portions of the streets, highways, avenues and/or alleys be improved by grading, installing concrete curb and gutter and paving with caliche base and quadruple asphalt surface together with incidentals and appurtenances and arrangements therefore have been made and entered into by the City of Lubbock, Texas with Kerr and Middleton, Contractor, and, WHEREAS, the Governing Body of the City of. Lubbock has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amounts per front foot to be assessed against abutting property and the owners thereof, and such estimates have been prepared and examined; THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS 1. Such estimates be and they are hereby adopted and approved. 11. Notice To THE OWNERS OF PROPERTY ABUTTING UPON THE HEREINBELOW MENTIONED PORTIONS OF STREETS, HIGHWAYS, AVIIVUES AND/OR ALLEYS AND TO ALL OTHERS AFFECTED: The Governing Body of the City of Lubbock has heretofore ordered that the following portions of streets, highways, avenues and/or alleys in and along the boundary of the said City of Lubbock, Texas, be improved by raising, grading and filling and installing concrete curbs and gutters and storm sewers and drains where necessary on streets, highways, avenues and/or alleys, designated below: It is hereby found and determined that the cost of improvements on such portions of said streets, avenues, highways and/or alleys with the amount or amounts per front foot proposed to be assessed for such improvements against the abutting property and the owners thereof, on the portions of said streets, avenues, highways and/or alleys are as follows, to -wit: 42nd Street from its intersection with the East Property Line of York Avenue to its intersection with the East Paving Line of Slide Road, known and designated as Unit Number 1603; the estimated cost of improvements is $6720.10; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2,678430 for front abutting property. 39th Street from its intersection with the West Property Line of Flint Avenue to its intersection with the East Property Line of Gary Avenue, known and designated ae Unit Number 1665; the estimated cost of improvements is $4413.69; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be.assessed against the abutting property and ownerw thereof for improvements exclusive of curb and gutter is $1.960308 for fxmt abutting property. 43rd Street from its intersection with the West Property Line of Memphis Avenue to its intersection with the West Property Line of Nashville Avenue, khown and designated as Unit Number 1697; the estimated cost of improvements is $5326.09; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exlusive of curb and gutter is $2.2617239 for front abutting property and $1.5078235 for side abutting property. Gary Avenue from its intersection with the South Property Line of 38th Street to its intersection with the North Property Line of 39th Street, known and designated as Unit Number 1699; the estimated cost of improvements is $2488.74; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $3.04190196 for front abutting property and $2.0279448 for side abutting property. 41st Street from its intersection with the West Property Line of Knoxville Avenue to its intersection with the West Property Line of Louisville Avenue, known and designated as Unit Number 1702; the estimated cost of improvements is $4915.74; the estimated amount per front foot to be assessed against the abutting property and owners thereof lbr curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exlusive of curb and gutter is $2.2763689 for front abutting property. Auburn Street from its intersection with the West Gutter Line of Clovis Road to its intersection with the Center Line Railroad Right of way (Seagraves Branch), known and designated as Unit Number 1703; the estimated cost of improvements is $5786.10; the estimated amount per front foot to be assessed againetthe abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.416035 for front abutting property and $1.610698 for side abutting property. 44th Street from its intersection with the West Property Line of Avenue Q to its intersection with the West Property Line of Avenue S, known and designated as Unit Number 1707; the estimated cost of improvements is $4369.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.3197928 for front abutting property. Nashville Avenue from its intersection with the South Property Line of 32nd Street to its intersection with the North Paving Lane of 34th Street, known and designated as Unit Number 1708; the estimated cost of improvements is $4703.69; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.841406 for front abutting property and $1.894280 for side abutting property. 42nd Street from its intersection with the West Property Line of Flint Avenue to its intersection with the East Property Line of Gary Avenue, known and designated as Unit Number 1709; the estimated cost of improvements is $5587.82; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $1.990367 for front abutting property. 42nd Street from its intersection with the West Gutter Line of Canton Avenue to its intersection with the East Gutter Lane of Elgin Avenue, known and designated as Unit Number 1710; the estimated cost of improvements is $6003.62; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.412930 for front abutting property. Duke Street from its intersection with the West Property Line of Gary Avenue to its intersection with the West Property Lane of Hartford Avenue, known and designated as Unit Number 1711; the estimated cost of improvements is 04731.71; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.289778 for front abutting property and 61.526526 for side abutting property. Duke Street from its intersection with the West Property Line of Hartford Avenue to its intersection with the East Property Line of Indiana Avenue, known and designated as Unit Number 1712; the estimated cost of improvements is $3252.08; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.0336647 for front abutting property. 39th Street from its intersection with the West Property Line of Avenue V to its inter— section with the East Property Line of Avenue W, known and designated as Unit Number 1713; the estimated cost of improvements is $4490.61; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb'and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $1.962713 for front abutting property. Memphis Avenue from its intersection with the South Property Lane of 36th Street to its intersection with the South Property Line of 37th Street, known and designated as Unit Number 1714; the estimated cost of improvements is $3160.24; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $3.1470462 for front abutting property and $2.098041 for side abutting property. 43rd Street from its intersection with the West Property Line of Knoxville Avenue to its intersection with the West Property Line of Louisville Avenue, known and designated as Unit Number 1715; the estimated cost of improvements is $4915,74; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50� the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.2763689 for front abutting property. Ord Street from its intersection with the West Property Line of Louisville Avenue to its intersection with the West Property Line of Memphis Avenue, known and designated as Unit Number 1716; the estimated cost of improvements is $4966.07; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and .:;utter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.3437686 for front abutting property. Nashville Avenue from its intersection with the South Property Line of Ord Street to its intersection with a line 19f South of South Property Line of 44th Street, known and designated as Unit Number 1717; the estimated cost of improvements is $2772.22; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.6872168 for front abutting property and $1.7914868 for side abutting property. Peoria Avenue from its intersection with the South Property Line of 30th Street to its intersection with the North Property Line of 31st Street, known and designated as Unit Number 1718; the estimated cost of improvements is $2214.35; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.4102075 for front abutting property and $1.606813 for side abutting property. 42nd Street from its intersection with the west Property Line of Knoxville Avenue to its intersection with the Webt Property Line of Louisville Avenue, known and designated as Unit Number 1719; the estimated cost of improvements is $6166.85; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.2759669 for front abutting property. Baylor Street from its intersection with the East Property Line of Waco Avenue to its inter- section with the East Property Line of College Avenue, known and designated as Unit Number 1724; the estimated cost of improvements is $7965.71; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.686447 for front abutting property. East 4th Street from its intersection with the West Property Line of Cherry Avenue to its intersection with the West Paving Line of Idalou Road, known and designated as Unit Number 1727; the estimated cost of improvements is $12,744.11; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.608971 for front abutting property and $1.739323 for side abutting property. Gary Avenue from its intersection with the South Property Line of 34th Street to its inter- section with the North Property Line of 35th Street, known and designated as Unit Number 1729; the estimated cost of improvements is $2193.74; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.6711202 for front abutting property and $1.7807557 for side abutting property. Gary Avenue from its intersection with the South Property Line of 35th Street to its inter- section with the North Property Line of 36th Street, known and designated as Unit Number 1730; the estimated cost of improvements is $2359.88; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is yr1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.6497928 for front abutting property and $1.76653736 for side abutting property. Gary Avenue from its intersection with the South Property Line of 36th Street to its inter- section with the North Property Line of 37t h Street, known and designated as Unit Number 1731; the estimated cost of improvements is 2452.08; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.9268798 for front abutting property and $1.95126298 for side abutting property. Gary Avenue from its intersection with the South Property Line of 37th Street to its inter- section with the North Property Line of 38th Street, known and designated as Unit Number 1732; the estimated cost of improvements is $2427.17; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is IWA-50; the estimated amount per front foot to be assessed against the abutting prope-.,ty and owners thereof for improvements exclusivecf curb and -;utter is $2.9332353 for front abutting property and $1.95549998 for side abutting property. 35th Street from its intersection with the East Gutter Line of Gary Avenue to its inter- section with the East Property Line of Hartford Avenue, known and designated as Unit Number 1793; the estimated cost of improvements is $4903.19; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.3273912 for front abutting property. N2 36th Street from its intersection with the East Paving Line of Avenue H to its intersection with the East Gutter Line of Avenue G, known and designated as Unit NumberI 36; the estimated cost of improvements is $3515.03; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb is $3.315973 for front abutting property. Nashville Avenue from its intersection with the South Property Line of 40th Street to its intersection with the North Property Line of 41st Street, knw and designated as Unit Number 1737; the estimated cost of improvements is $2405.32; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.19681 for front abutting property and 1.4645536 for side abutting property. 42nd Street from its intersection with the East Property Line of Vicksburg Avenue to its intersection with the East Property Line of Wayne Avenue, known and designated as Unit Number 1738; the estimated cost of improvements is $6331.68; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and z,utter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.4006967 for front abutting property. 42nd Street from its intersection with the East Property Line of Wayne Avenue to its inter- section with the East Property Line of York -Avenue, known and designated as Unit Number 1739; the estimated cost of improvements is $6331.67; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners the:•eof for improvements exclusive of curb and gutter is yr2.4006885 for front abutting property. Nashville Avenue from iLs intersection with the South Property Line of 41st Street to its i.nte-section with the North Property Line of 42nd Street, known and designated as Unit Number 1740; the estimated cost of improvements is $2449.99; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.1922317 for front abutting property and $1.4614.951 for side abutting property. 41st Street from its intersection with the West Property Line of Louisville Avenue to its intersection with the West Property Line of Memphis Avenue, known and designated as Unit Number 1741; the estimated cost of improvements is $4966.07; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.3437686 for front abutting property. 4.1st Street from its intersection with the West Property Line of Memphis Avenue to its inter- section with the West Gutter.Line of Nashville Avenue, known and designated as Unit Number 174.2; the estimated cost of improvements is $4921.80; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.31690397 for front abutting property. 42nd Street from its intersection with the West Paving Line of Quaker Avenue to its inter- section with the East Property Line of Raleigh Avenue, known and designated as Unit Number 1743; the estimated cost of improvements is $6471.67; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.680188 for front abutting property. 42nd Street from its intersection with the East Property Line of Utica Avenue to its inter- section with the East Property Line of Vicksburg Avenue, known and designated as Unit Number 1744; the estimated cost of improvements is $6431.13; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.4972314 for front abutting property. 65th Street from its intersection with the West Property Line of.Avenue T to its inter- section with the East Property Line of Avenue U, known and designated as Unit Number 1747; the estimated cost of improvements is „6360.73; the estima.Led amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.0772786 for front abutting property. 42nd Street from its intersection with the East Property Line of Raleigh Avenue to its inter- section with the East Property Line of Salem Avenue, known and designated as -Unit Number 1748; the estimated cost of improvements is $6099.65; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.111612_2 for front abutting property. 42nd Street from its intersection with the East Propert.;- Line of Salem Avenue to its inter- section with the East Property Line of Toledo Avenue, known and designated as Unit Number 1749; the estimated cost of improvements is $6337.93; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is 'Iv1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is �2.4363471 for front abutting property. 42nd Street from its intersection with the East Property Line of Toledo Avenue to its inter- section with the East Property Line of Utica Avenue, known and designated as Unit Number 1750; the estimated cost of improvements is $6282.42; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.41906224 for front abutting property. 42nd Street from its intersection with the West Property Line of Louisville Avenue to its inter- section with the West Property Line of Memphis Avenue, known and designated as Unit Number 1751; the estimated cost of improvements is $6224.81; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is dp1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is 42.3437686 for front abutting property. 42nd Street from its intersection with the West Property Line of Memphis Avenue to its inter- section with the West Property Line of Nashville Avenue, known and designated as Unit Number 1752; the estimated cost of i.iprovements is 115720.87; the estimated amount per front foot to be assessed against the abutting property and n,.,,ners thereof for curb and gutter is "l-50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.0448427 for front abutting property. Hartford Avenue from its intersection with the South Property Line of 34th Street to its inter- section with the North Property Line of 35th Street, known and designated as Unit Number 1753; the estimated cost of improvements is ,:;1871.99; the estimated amount per front foot to be assessed against the abutting.property and owners thereof for curb and gutter is '1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and +utter is $2.401354 for front abutting proper' $1.6009107 for side abutting property. Hartford Avenue from its intersection with the South Property Line of 35th Street to its intersection with the North Property Line of 36th Street, known and designated as Unit Number 1754; the estimated cost of improvements is $2452.14; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.926996 for front abutting property and $1.951340 for side abutting property. Hartford Avenue 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 Unit Number 1755; the estimated cost of improvements is $2452.14; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.926996 for front abutting property and $1.951340 for side abutting property. Hartford Avenue from its intersection with the South Property Line of 37th Street to its intersection with the North Property Line of 38th Street, known and designated as Unit Number 1756; the estimated cost of improvements is 62294.30; the estimated amount per fftont foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount'per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.969811 for front abutting property and $1.9798838 for side abutting property# Hartford Avenue from its intersection with the South Property Line of 38th Street to its intersection with the North Property Line of 39th Street, known and designated as Unit Number 1757; the estimated cost of improvements is $2453.71; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $3.022950 for front abutting property and $2.015310 for side abutting property. 38th Street from its intersection with the East Property Line of Knoxville Avenue to its intersection with the East Property Line of Louisville Avenue known and designated as Unit Number 1758; the estimated cost of improvements is $6163.74; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.3297787 for front abutting property. 38th Street from its intersection with the East Property Line of Louisville Avenue to its intersection with the East Property Line of Memphis Avenue, known and designated as Unit Number 1759; the estimated cost of improvement is $6107.64; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.27349 for front abutting property. 48th Street from its intersection with the East Gutter Line of Avenue P to its intersection with the East Property Line of Avenue Q, known and designated as Unit Number 1760; the estimated cost of improvements is $5041.86; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.5693889 for front abutting property and $1.7129345 for side abutting property. Nashville Avenue from its intersection with the South Property Line of 42nd Street to its intersection with the North Property Line of Ord Street known and designated as Unit Number 1761; the estimated cost of improvements is $2106.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.43262171 for front abutting property and $1.62175592 for side abutting property. Widening of Avenue N from its intersection with the South Gutter Line of Broadway to its intersection with the North Gutter Line of 13th Street, known and designated as Unit Number 1762; the estimated cost of improvements is $4605.03; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $7.1082-245 for front abutting property. 39th Street from its intersection with the West Property Line of Avenue B to its intersection with the West Property Line of Avenue D., known and designated as Unit Number 1767; the estimated cost of improvements is $6406.93; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.48801916 for front abutting property. 26th Street from its intersection with the West Property Line of Memphis Avenue to its intersection with a line 293.75 feet West of West Property Line of Nashville Avenue, known and designated as Unit Number 1768; the estimated cost of improvements is $7629.33; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.1373426 for front abutting property. 39th Street from its intersection with the West Gutter Line of Avenue A to its intersection with the West Prope,-ty Line of Avenue B, knoin and designated as Unit Number 1769; the estimated cost of improvements is $4471.86; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $3.14382537 for front abutting property and w2.0958846 for side abutting property. Baylor Street from its intersection with the East Property Line of Waco Avenue to its inter- section with the Southwest Paving Line of Clovis Road, known and designated as Unit Number 1770; the estimated cost of improvements is $5978.69; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $3.330199 for front abutting property. 39th Street from its intersection with the West Property Line of Quaker Avenue to its inter- section with the East Property Line of Salem Avenue, known and designated as Unit Number 1771; the estimated cost of improvements is $10,436.56; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.61325 for front abutting property. Akron Avenue from its intersection with the -South Property Line of 34th Street to its inter- section with the North Property Line of 35th Street, known and designated as Unit Number 1772; the estimated cost of improvements is $2137.21; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $2.384932 for front abutting property and $1.589963 for side abutting property. 2nd Place from its intersection with the West Property Line of Avenue H to its intersection with the West Property Line of Texas Avenue, known and designated as Unit Number 1773; the estimated cost of improvements is �3038.06; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is $1.50; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb and gutter is $3.158252 for front abutting property. Ej of Avenue Q from its intersection with the South Property Line of 6th Street to its inter- section with the alley between 6th Street and 7th Street, known and designated as Unit Number 1774; the estimated cost of improvements is $386.58; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb and gutter is 54.50. East-West Alley through Block 127, Original Town, between Broadway and 13th Street and from Avenue 0 to Avenue P; known and designated as Unit No. A-121; the estimated cost of improvements is $1163.95;and the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements is IS4.19020. Eabt Jest alley through Block 1, Overton Addition and through tract of land between Overton Addition and Original Town between Broadway and 13th Street and from Avenue P to Avenue Q; known and designated as Unit Number A-219; the estimated cost of improvements is $6147.36 and the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements is $4.61128. East-West alley through Block-99, Overton Addition between Main Street and Broadway and from Avenue X to College Avenue; known and designated as Unit Number A-248; the estimated cost of improvements is $5940.98; the estimated amount per front foot to be assessed against the abutting property and owners for improvements is $4.462483. North -South alley through Block 10, Overton Addition, between Avenue Q and Avenue R and from 13th Street to 14th Street; known and designated as Unit Number A-302; the estimated cost of improvements is $2,727.04; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements is $4..462436. And arrangement for the making and construction of such improvements with pavement of quadruple course asphalt surface treatment (Inverted Penetration Type) and a Six (6) Inch compacted caliche base in streets, highways, avenues and/or alleys and with pavement of five (5) Inch concrete slab in alleys has been made and entered into by the City of Lubbock, Texas, and rolls or statements showing the proposed amounts to be assessed against abutting property and the own•-rs thereof have bWen filed with the City, such rolls or statements showing other matters and things, and have been approved'and the City Commission of said City has fixed a time and place for hearing to the owners of property abutting upon sild portions of streets, highways, avenues and/or alleys, and to all others affected, at which hearing the amounts to be assessed against the respective parcels of abutting land and the owners thereof for improvements in the units upon which the particular parcels of property abut, the amounts of benefits to the respective parcels of property by means of the improvements in the unit upon which the particular property abuts, the regularity of the proceedings with reference to such improvements, the apportionment of the cost of such improvements, and other matters and things will be determined, and after such hearings assessments will by ordinance be made and levied, and such hearing will be had and weld by and before the City Commission of the City of Lubbock, Texas, in regular Commission meeting room in the City Hall, in the City of Lubbock, Texas on the 27th day of May 1955, at 2:00 P.M. o'clock. The rolls or statements showing the proposed amounts of such assessments are on file in the office of the City Secretary and copies thereof are in the office of the City Engineer of the City of Lubbock and open to inspection of any interested parties at any time, and of all said matters and things all such owners of property, as well as any and others in anywise affected or interested will take due notice. By order of the City Commission of the City of Lubbock, this the 12th day of May 1955. No notice other than that hereinabove provided for shall be necessary but publication of such notice shall be due and sufficient notice to any and all persons, firms, corporations and other parties. That a hearing be given and held by and before the Governing Body of the City of Lubbock, Texas, to all persons owning or claiming any property abutting any part or portion of said streets, highways, avenues and/or alleys described in Section 11, of this Resolution, as well as all owning or claiming any interest in any such property. Such hearing shall be given and held on the 27th day of May 1955, at 2:00 P.M. o'clock on the first floor in the City Hall, City of Lubbock, Texas and the City Secretary is hereby directed to give notice of the time and place of such hearing, and of other matters and facts in accordance with the terms and provisions of an Act passed at the first called session of the 40th Legislature of the State of Texas and known as Chapter 106 of the Acts of said Legislature which has been adopted as an amendment to and made a part of th- Charter of the City of Lubbock, Texas, and as amended by Chapter 281 Acts of the 52nd Regular Session of said Legislature. Such notice shall be by advertisement inserted at least three times in a newspaper published in the City of Lubbock, Texas; the first publication shall be made at least ten days before the said hearing. Said notice shall comply with and be in accordance with the terms and provisions of this resolution and said Act as amended. PASSED AND APPROVED BY UNANIMOUS VOTE OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS, THIS, THE 12TH DAY OF MAY 1955. Is/ MURRELL R. TRIPP 1i RRELL R. TRIPP, Mayor City of Lubbock, Texas ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary APPROVED: /s/ W.B. Holmes W.B. Holmes, City Engineer AP' ROVED : Is/ Vaughn E. 11ilson Vaughn E. Wilson, City Attorney 55-14-59-130 Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: RESOLUTION WHEREAS, the City Commission has heretofore passed Ordinance No. 917 on the 9th day of June, 1949, which ordinance levied and assessed various properties in the City of Lubbock certain specified amounts for street improvement purposes; and, WHEREAS, such ordinance was filed in the Deed Records of Lubbock County, Texas, on the 15th day of June, 1949, Volume 391, Page 6, constituting an apparent lien on certain property in Paving Unit No. 876 covering North Avenue N from Auburn to Baylor Street, which certain property being the North 38.5 feet of Lot 15, Block 3, Wayside Addition, an addition to the City of Lubbock, Lubbock County, Texas, was assessed 6158.30 in the name of one Refugio M. Salisar and on certain other property in Paving Unit No. 868 covering Bates Street from North Avenue N to North Avenue Q, which certain property being the South 1.5 feet of Lot 15, Block 3, Wayside Addition, an addition to the City of Lubbock, Lubbock County, Texas, was assessed $4.77 in the name of one Refugio M. Salisar; and, I'I'=kS, such paving as was intended to be made abutting the property herein described has in fact, not been made nor assessment levied by virtue of such ordinance, and there is no intention in the immediate future plans of the City of Lubbock for paving, and from the further fact that the owner of such property has requested and is desirous of obtaining a release on all such property owned by such individual in such lot and block above mentioned from the apparent lien created by such ordinance above mentioned; NOW, THEREFORE, BE IT RESOLV'r,D BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. That the Mayor BE, and he is hereby authorized and directed to execute a release on all that hereinafter described property in the Wayside Addition, an addition to the City of Lubbock, Lubbock County, Texas, releasing any cloud of title or apparent lien created by virtue of Ordinance No. 917 in so far as it affects Lot 15, Block 3, of the Wayside Addition by virtue of a notice of intention to pave that property abutting such described property, and such release should be in flavor of one Refugio M. Salisar, his heirs and assigns, in whose name the property was assessed in such ordinance on all that property lying and being situated in the City of Lubbock, Lubbock County, Texas, and being further described as follows, to -wit: Lot 15, Block 3, Wayside Addition, an addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. That such release is to contain the provision that such release does not in any way affect any property or liens not specifically described therein as being released, and that all liens and apparent liens against prope.-ty owners not otherwise released being expressly retained in such release. On motion of Commissioner Forrest, seconded by Commissioner Thomas, the foregoing Resolution was approved andpassed on this 12th day of May, 1955, by the following vote: Commissioners voting "YEA": Carpenter, Forrest, Thomas and Mayor Tripp Commissioners voting '_'NAY" None /s/ � JB ,= R. TRIPP MUfRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer 55-14-60-131 Motion by Commissioner Thomas, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: RESOLUTION W EHEA:,, the City Commission has heretofore determined that the City would contribute the customary city portion of from ten (10) to forty (40) per cent of the cost of street paving improvements, as determined by side aid front property, to be constructed in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting UTICA AVENUE 37th STREET to ALLEY BETWEEN 37th & 38th STREET have requested permission to have pavement improvements constructed on the aforemention-,d UTICA AVENUE and the paving of said UTICA ATENUE is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS, J. L. DA'JIS AND THE OTHER owners of the property abutting on the herein described streets and avenue will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the abovementioned plans and specifications under the supervision of the City Engineer, and the said ownets desire that the City contribute its customary share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $1316.69, the total cost not over $1382.52, and the City's share in connection therewith would not exceed $814.76, leaving the property owner's protion not to exceed $567.76, such costs being well within the current prices for paving obtained by competitive bidding, and that such payment to be made by the City is reasonable fair and just to the abutting property owners, the City and all other persons affected thereby, and that the sum of $567.76 will be budgeted in the 1955-1956 Budget '^i-CR.EFORE, BE IT RESOLVED BY THE CITY CO=SSION OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer, be and he is hereby authorized to approve plans and specifications for paving on the streets herein described, provided that such plans and specifications meet the usual requirements for paving on streets within the corporate limits of the City of Lubbock; said streets being as follows, to -wit: UNIT 1785; Utica Avenue from South Property Line of 37th Street (East Leg) to South Property Line of Alley between 37th & 38th Street The City Engineer is further authorized and directed to duly inspect said paving construction on said UTICA APENUE and to require strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Commission, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of the cost of the abovementioned improvements a sum not to exceed $501.93 which is the City share $567.76 less $65.83 engineering, leaving the amount due the contractor from the property owners not to exceed $814.76. Section 2. This authority is conditioned that J. L. DAVIS AND T?E OTHER OWNERS OF ABUTTING PROPERTY and the contractor will pay for all material and labor and costs incidental to such construction, indemnify the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the 9ontractor furnish the City Engineer with acceptable evidence that the contre,.ctor and its ub-contractors, if any, are adequately covered by public liability and property damage insurance policies, that the said J. L. DAVIS and other owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said UTICA AVENUE and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum $501.93 to the Contractor after December 15, 1955. On motion of Commissioner Thomas, seconded by Commissioner Forrest, the foregoing resolution was unanimously passed by the City Commission this 12th day of May, 1955. /s/ MURRELL R. TRIPP MURRELL R. TRIPP, Mayor ATTEST: Ls/ Lavenia Lowe Lavenia Lowe, City Secretary I, J. L. DAVIS, representing myself and the remaining owners of abutting property on the abovementioned streets, and WEST TEXAS CONSTRUCTION INCORPORATED, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. -J. L. DAVIS BY - West Texas Construction Incorporated BY APPROVED: Isl W.B. Holmes W. B. Holmes, City Engineer APPROTED : Is/ Vaughn E. Wilson Vaughn E. Wilson, City Attorney 55-14-61-132 City of Lubbock Texas May 12, 1955 Honorable N.ayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Kerr and Middleton, p�:ving contractors, as authorized by resolutions passed and approved October 22, November 9 and November 24, 1954 and find the improvements on streets known and designated as -Units No. 1649, 1655, 1663, part of 1664, 1�81 and 1687 As listed on the attached final estimate sheet to have been completed in accordance ,rith plans and specifications and recommend that you accept improvements on said streets, paying the contractor the amount shown on the attached consolidated estimate sheet on the due date shown on the abovementioned resolutions as due him by the City of Lubbock. Very truly yours, Isl W. B. Holmes W.B. Holmes, City Engineer CONSOLIDATED ESTIMATE FOR UNITS 1649, 1655, 1663, PART OF 1664, 1681 and 1687; AUTHORIZED BY RESOLUTIONS PASSED OCTOBER 22, NOVEMBER 9, and NOVENI,R 24, 1954. ACCEPTED MAY 12, 1955 Unit No. Location S.Y. of S.Y. of L.F. of S.Y. of Paving Subgr. C & G Conc. Prep. Alley slab 1649 Gary Ave. 40th to 44th 4289.79 4916.30 2363.40 76.67 1655 40th St. Knoxville to Louisville 2080.44 2454.23 1345.64 Part of 1664 Gary Ave. 39th to 40th 970.66 1171.68 631.70 25.55 1663 40th St. Louisville to Memphis 1972.40 2325.41 1270.84 1681 Flint Ave. 40th to.42nd 2517.44 2823.42 1223.92 1687 30th St. Gary to Hartford 2 0 .91 3259.18 1294.25 14735.64 16950.22 8129.75 102.22 COST ESTIMATE 14,735.64 S.Y. of paving $1.05 16,950.22 S.Y. of Subgr. Prep. 40.18 81129.75 L.F. Curb & Gutter @ $1.45 102.22 S.Y. Conc. alley slab @ $3.25 Contract cost 5% Engr. Total cost 330,643.81 1,532.19 $32,176.00 COST DISTRIBUTION Unit No. Total Cost P.O. Cost Total City Cost City to pay Credit Contractor Engr. Dept. 1649 1655 1663 Part of 1664 1681 1887 9,518.59 7041.60 2,176.99 1,723.72 453.27 4,806.27 42502.54 303.73 74.86 228.87 4,548.93 4,269.20 279.73 63.11 216.62 2040.54 1,669.00 671.54 560.09 1.11.45 5,172.52 32950.92 1,221.6o 975.30 246.30 5,789.15 4,336.72 1,452.43 1,176.75 275.68 323,176.00 26,069.98 6,lo6.02 4,573.83 1,532.19 Motion by Commissioner Thomas, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW. WHEREAS, the City of Lubbock passed resolution on October 22, November 9 and November 24, 1954, authorizing the construction of street improvements by Kerr and Middleton on portions of various streets in said City including among others the following: Gary Avenue from its intersection with the South Property line of 40th Street to its inter- section with the North Property Line of 44th Street, known and designated as Unit Number 1649. 40th Street from its intersection with the East Property Line of Knoxville Avenue to its intersection with the East Property Line of Louisville Avenue, known and designated as Unit Number 1655. 40th Street from its intersection with the East Property Line of Louisville Avenue to its intersection with the East Property Line of Memphis Avenue, known and designated as Unit Number 1663. Gary Avenue from its intersection with the South Property Line of 39th Street to its inter- section with the North Property Line of 40th Street, known and designated as Part of Unit Number 1664. Flint Avenue from its intersection with the South Property Line of 40th Street to its inter- section with the North Property Line of 42nd Street, known and designated as Unit Number 1681. 38th Street from its intersection with the East Property Line of Gary Avenue to its inter- section with the East Property Line of Hartford Avenue, known and designated as Unit Number 1687. AND WHEREAS, the improvements upon the said portions of the abovementioned streets have been inspected and found to have been constructed according to the approved plans and specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: 1. That the improvements on said portions of the abovementioned streets be, and the same are hereby- accepted and the City Engineer be and is hereby authorized to direct the payment of the City's share on the due dateas shown on the attached consolidated sheet. 11. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 12TH DAY OF -MAY, 1955. /s/ MURRELL R. TRIPP MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary APPROVED: /s/ W.B. Holmes _ W.B. Holmes, City Engineer AP ROVED: /s/ Vaughn E. Wilson Vaughn E. Wilson, City Attorney 55-14-63-133 Motion by Commissioner Thomas, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: RESOLUTION "Exhibit All A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER TO WISTER C. S 0W AND WIFE, SARAH I SNOW, A QUIT CL,M1 DEED ON BEHALF OF THE CITY OF LUBBOCK TO THAT PORTION OF INDIANA AVENUE IN THE CTTY OF LUBBOCK HEREIN YORE PARTICULARLY DESCRI -D IN THE BODY OF THIS RESOLUTION. WHEREAS, it has been determined that that portion of Indiana Avenue, as more particularly described hereinafter is not being used and will not in the future be used or needed for street purposes or for public travel; and, WHEREAS, the City Commission of the City of Lubbock finds that it would be to the public interest to quit claim its interest to such land to NTISTER C. SNOW and WIFE, SARAH I SNOW; NO:�; , THEREFORE, BE IT RESOLVED BY THE, CITY COP2aSSION OF THE CITY OF LUBBOCK: SECTION 1. That the Mayor is hereby authorized and directed to execute and deliver on behalf of the City of Lubbock, a quit claim deed to WISTER C. SNOW and Wife, SARAH I SNOW, conveying its interest in the land described as follows: , COY14ENCING at the Southwest corner of Tract 12, Lubbock View Subdivision, 1,950 feet South and 30.0 feet East of the Northwest corner of Section 14, Block B, Lubbock County, Texas; THENCE East a distance of 15.0 feet to the point of beginning; THENCE East 10.0 feet to a point; THENCE Northwesterly on a curve to the right having a radius of 15.0 feet to a point, said point being 112.5 feet South of the Northwest corner of Lot 16, W.C. SNOW Addition to the City of Lubbock, Texas, a subdivision of the South 127.5 feet of Tract 12, Lubbock View Addition or subdivision in -Section 14, Block B, Lubbock County, Texas; THENCE North 112.5 feet to the Northwest corner of said Lot 16; THENCE West a distance of 10.0 feet to a point; THENCE South 112.5 feet to a point THENCE Southeasterly on a curve to the left having a radius of 15.0 feet to the POINT OF BEGINNING. SECTION 2. That the City Secretary -Treasurer shall attest such quit claim deed, affixing the seal of the City of Lubbock, thereto. On motion of Commissioner Thomas, seconded by Commissioner Forrest, the foregoing Resolution was approved and passed this 12th day of Kay, 1955, by the following vote: Commissioners voting "YEA": Carpenter, Forrest, Thomas and Mayor Tripp Commissioners voting "NAY": None /s/ MURRELL R. TRIPP MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer 55-14-63-134 Notion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, kayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: RESOLUTION BE IT RESOLVED BY THE CITY COYXISSION OF THE CITY OF LUB' OCK THAT, as full payment has been made of all monies due from Antonia G. Rangel in connection with a Xechanic's and Materialman's Lien Contract between such party and City of Lubbock, dated the 7th day of January, 1955, and recorded in Volume 77, Page 555, of the Mechanic's Lien Records of Lubbock County, Texas, the Mayor BE, and he is hereby authorized and directed to execute a Release of such debt, obligations, and Lien as are against Lot 22 on Block 2, of the Rio Vista Addition , and Addition to the City of Lubbock County, Texas, a copy of which such release is attached to this Resolution and made a part hereof. On motion of Commissioner Forrest, seconded by Commissioner Thomas, the foregoing Resolution was passed on this the 12th day of May, 1955, by the following vote: Commissioners voting "YEA": Carpenter, Forrest, Thomas and Mayor Tripp Commissioners voting 11NAY11: None /s/ MURRELL R. TRIPP MURRELL R. TRIPP, Mayor ATTEST: Js/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer RELEASE STATE OF TEXAS D COUNTY OF LUBBOCK 0 WHEREAS, on the 7th day of January, 1955, the City of Lubbock caused to be recorded, a Mechanic's and Materia]man's Lien upon and against all that certain property together with improvements thereon, which property is described as being all that property 3,ying and being situate in Lubbock County, Texas, and further described as follows: Lot 22, in Block 2 of the Rio Vista Addition, an addition to the City of Lubbock, Lubbock County, Texas; which Lien is of record in Volume 77, Page 555, of the Mechanic's Lien Records of Lubbock County, Texas, to which reference is here made; and, IMEREAS, such Lien and the debt and obligations secured thereby have been fully and finally paid off and satisfied to the City of Lubbock, who is the owner of such debt, obligations, and lien; NOW, THEREFORE, IN CONSIDERATION OF THE FR IISES, the City of Lubbock, acting by and through its officers heretofore duly authorized, have relelsed, and so by these presents release unto Antonia G. Rangel, her heirs and assigns, the aiaove described Lien, upon the above described property heretofore existing. EXECUTED THIS 12TH DAY OF i-JfY, 1955. CITY OF LUBBOCK BY: /s/ P'UTU= R. TRIPP MURRELL R. TRIPP., Mayor .... ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared MURRELL R. TRIPP, 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 consider..tion therein expressed and in the capacity therein dated. GIVEN UNDER MY HAND AND SEAL OF OF -ICE, this 12th day of Lay, A.D., 1955. (SEQ Notary Public, Lubbock County, Texas 5-14-64 -135 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none votin,, Nay, to approve and authorize the plan of the Lubbock Chamber of Commerce for the Clean-up, Paint -up Fix -up program to be mrried out May 14 through 21st, as set out in the following letter. Lubbock Chamber of Commerce and Board of City Development Lubbock, Texas May 4, 1955 Mr. Steve Katthews City Danager Lubbock, Texas Dear Steve: The Clean-up, Paint -up, Fix -up Committee of the Lubbock Chamber of Commerce has formulated plans for this year's Clean -Up Campaign and has set the dates of May 14-21 for this year's campaign. Follows a list of tentative events which we would like to incorporate in our campaign but which it is felt we ahould secure permission from you or from the City Commission before proceeding to make definite plans. On May 14th at 10:30 a.m. we would like to hold a parade which would originate at the Panhandle South Plains Fair Grounds and proceed west on Broadway to College .Avenue; south on College Avenue to.34th Street; east on 34th Street to Avenue Q; north on Avenue I": to 19th Street; east on 19th Street to Texas Avenue; north on Texas Avenue to approximately the 600 block where the parade would disperse. In conjunction with the parade, it is proposed to have several public school bands march in the parade through the downtown area, assemblinV the bands on either Avenue E or Avenue F and having them proceed with the parade west on Broadway to approximately Avenue U where they would disperse leaving only the vehicular units to participate in the remainder of the Brent. Previous to the start of the parade at approximately 9:45, we have arranged with the Junion Welfare League to conduct a novel stunt in the form of sweeping and scrubbing approximately one city block, between Texas Avenue and Avenue J on Broadway. This stunt would necessitate the co-operation of the City Fire Department in furnishing sufficient equipment to thoroughly wash down the street in that area so as to simulte conditions for scrubbing. If possible, it would be of great assistance if a barricade or at least police help could be furnished at the east and west ends of this block to eliminate traffic during the time of the stunt from approximately 9:45 to 10:30 or the arrival of the parade. Also on May 14th the committee has recommended that we attempt to have a further promotion from approximately 1:00 to 2:00 p.m. at five suburban theaters, namely, the Arnett -Benson, Tower, Tech, Plaza, and Ritz where children of all ages will be admitted to a special children's matinee -- admission, ten rusty tin cans. Our committee would like permission to utilize members of the City Fire Department who would be stationed at these theaters to accept the tin cans and stack them in neat piles in front of the theaters. We would further like to leave the tin cans in front of the theaters for at least three days of our campaign, and we would erect appropriate banners on each stack so passersby will be reminded to enter into the spirit of the campaign. At the end of the three or four days, the City -Sanitation Department godld collect thes- cans. One other request is that the City Sanitation Department vehicles be concentrated in the area south of 19th Street for concentrated pick-up of trash and debris on May 18th, and that the same equipment be concentrated in the area north of 19th Street on May 20.th. We further request permission to let a sound truck -- Baldridge Bakery's sound equipment -- go into each of these areas the day before the pick-up and broadcast a reminder to the citizens of the region to stack their trash in a neat pile adjacent to the alley. These are some general suggestions and requests that we have to make at this time, and any consideration of these and other forthcoming suggestions would be greatly appreciated. Sincerely yours, /s/ J.M. Crook, Assistant Manager JMC;nm LU-�BOCK CHAMBER OF COM1ERCE cc - Mr. Lynn IIndrews 55-14-65-136 Motion by Commissioner Thomas, seconded by Commissioner Forrest, motion carried, Mayor Tripp and -Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1720 was passed on first reading. ORDINANCE NO. 1720 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY ENGINEER OF THE CITY OF LUBBOCK, TEXAS, TO CORRECT THE ASSESSMENT ROLLS AS SHOWN BY PAVING ORDINANCE N0. 925 IN VOLUME 393, PAGE 11, OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS, AND DECLARING THE PURPOSE AND INTENT OF THIS ORDINANCE. 55-14-65-137 Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1721 was passed on first reading. ORDINANCE NO. 1721 AN ORDINANCE ABANDONING AND CLONING A PORTION OF INDIANA AVENUE AT THE PLACES AND LOCATIONS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDIN_2110E, AND DIRECTING THE CITY ENGINEER TO PARK THE OFFICIAL MAP OF THE CITY OF LUB OCK INDICATING THE CLOSING AND ABANDONMENT OF A PORTION OF INDIANA AS AFORESAID. 55-14-65-138 Motion by Commissioner Thomas, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest, and Thomas voting Yea, none voting Nay, Ordinance No. 1 722 was passed as an emergency measure. ORDINANCE NO. 1722 AN ORDINANCE AMENDING SECTION 23 OF ORDINANCE NO. 564 AS AMENDED BY ORDINANCE NO. 1414 CHANGING PARKING METER NOS. J-9-22, 10-11-.=2, H-10-20, and 11-9-2, ON THE I ST SIDE OF AVENUE J IN THE 900 BLOCK, SOUTH SIDE OF LOTH STREET IN THE 1100 BLOCK, EAST SIDE OF AVENUE H IN THE 1000 BLOCK AND THE SOUTH SIDE OF 11TH STREET IN THE 900 BLOCK RESPECTIVELY, FROM ONE-INICKEL, ONE -HOUR PARKING TO 12-MINUTES FOR ONE. -PENNY, 24 MINUTES FOR TWO -PENNIES; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY; AUTHORIZING PUBLICATION OF THE CAPTION; AND DECLARING AN EMERGENCY. 55-14-65-139 Motion by Commissioner Thomas, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1723 was passed as an emergency measure. ORDINANCE NO. 1723 AN ORDINANCE ESTABLISHING A LOADING ZONE ON THE EAST SIDE OF COLLEGE AVENUE, BEGINNING 386 FEET SOUTH OF 16TH STREET AND EXTENDING SOUTH A DISTANCE OF 20 (TWENTY) FEET; AND DECLARING AN EMERGENCY. 55-14-65-140 Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, norm voting Nay, the following resolution was passed. This resolution modifies resolution of record at Pages 2 and 3 Minute Book 14, minute item No. 55-1-4-2-5. RESOLUTION A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND DELIVER TO THE LUBBOCK AUTO COMPANY, A CORPORATION, A QUIT CLkIM DEED ON BEHALF OF THE CITY OF LUBBOCK TO TH_'.T PORTION OF AVENUE B DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS RESOLUTION, SUBJECT TO THE RESERVATIONS AND CONDITIONS STATED SPECIFICALLY IN THE BODY OF THIS RESOLUTION. WHEREAS, that part and portion of Avenue B North of the intersection of Avenue B and 5th Street in the City of Lubbock, more particularly hereinafter described, is not now being used and will not in the future be used for highway and street purposes; and, WHEREAS, the City Commission of the City of Lubbock finds that the Lubbock Auto Company, a Corporation, is the owner of the land adjoining the lands hereinafter described and that it would be to the public interest to quit claim the interest of the City of Lubbock to the Lubbock Auto Company, a Corporation, for the consideration that the Lubbock Auto Company pay the sum of ONE THOUSAND ONE -HUNDRED THREE AND 94/100 ($1,103.94) DOLLARS, and the further consideration that the conveyance herein authorized to be executed is accepted and received by the Lubbock Auto Company subject to the reservation of rights of ingress and egress to the City of Lubbock, and the condition that the Lubbock Auto Company release and relinquish aDy and all its right of direct access over or across the property hereinafter described, which it might have by virtue of such land abutting on any street in the City of Lubbock, all of which is to be made a covenant running with the land; NOW, THEREFORE, HE IT RESOLVED BY THE CITY COMMISSION OF THE CITY C& LUBBOCK: SECTION 1. That the Mayor is hereby authorized and directed to execute on behalf of the City of Lubbock to the Lubbock Auto Company, a Corporation, a quit claim deed to the property described by metes and bounds as follows: BEGINNING at the Southeast corner of Lot 13, Block 14, Original Town, Lubbock, County, Texas; THENCE East a distance of 60.0 feet aLang.the projection of the North line of 5th Street.to a point; THENCE North 450 371 45" West a distance of 85.80 feet to a point in the East Line of Lot 15, Block 14, original Town; THENCE South along the East line of Lots 15-14 and 13, Block 14, Original Town, to the POINT OF BEGINNINr, Containing 1839.9 square feet. SECTION 2. That the quit claim deed convey all of said property save and except the exclusive rights of ingress and egress, which are reserved and retained by the City of Lubbock, and the assumption and obligation on the part of the Grantee to release and relinquish any and all frights of direct access over or across the property herein described in Section 1, which it might have by virtue of such land abutting on any street in the City of Lubbock, SECTION 3. That as a part of the consideration for such conveyance, same is to be accepted and received by Grantee, the Lubbock Auto. Company, subject to the reservation and condition hereinabove stated in Section 2, and same is to be expressly made a covenant running with the land herein authorized to be conveyed in Section 1. SECTION 4. That the City Secretary -Treasurer shall attest such quit claim deed, affixing the corporate seal of the City of Lubbock thereto. SECTION 5. That after such deed has been duly executed and attested, the same shall be delivered to the Lubbock Auto Company upon payment by such company to the City of Lubbock in the amount of ONE THOUSAND ONE HUNDRED THREE AND 94/100 ($1,103.94) DOLLARS. On motion of Commissioner Forrest, seconded by Commissioner Thomas, tl.e foregoing Resolution was approved and passed this 12th day of Kay, 1955, by the following vote: Commissioners voting "YEA": Carpenter, Forrest, Thomas and Mayor Tripp Commissioners voting "NAY": None fsf MURRELL R. TRIPP MURRELL 11. TRIPP, Mayor ATTEST: Isl Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer 55-1 -66,141 Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea,zwnu-- voting Nay, 'Ordinance No. 1725 was passed on first reading. ORDINANCE NO. 1725 AN ORDINANCE AUTHORIZING THE iiAYOR TO.-',UCUTE AND DE VER TO THE LUB-OCK AUTO COMPANY, A CORPORATION, A SPECIAL WARRANTY DEED UN BEHALF OF THE CITY OF LUBBOCK TO THAT PORTION OF LOTS 15, 16 AND 17 OF BLOCK 142 ORIGINAL TOWN OF LUBBOCK, AS MORE PARTICULARLY DESCRIBED BY METES AND BOUNIDS IN THE BODY OF THIS ORDINANCE; PROVIDING THAT SUCH CONVEYANCE SHALL RESERVE THE RIGHTS OF INGRESS AND EGRESS TO THE CITY OF LUBBOCK; AND FURTHER PROVIDING THAT SUCH CONVEYANCE SHALL BE BASED ON THE CONSIDERATION THAT THE GRANTEE ACCEPT SUCH CONVEYANCE SUBJECT TO THE RESERVATIONS AND TH'.T GRANTEE OBLIGATES ITSELF TO RELINQUISH ALL RIGHTS OF DIRECT ACCESS OVE7 AND ACROSS SAID LANDS TO THE STRh-wT S UPON WHICH THE PROPERTY HEREIN AUTHORIZED TO BE CONVEYED IS ABUTTING; REPEALING ALL CONFLICTING ORDINANCES AND SPECIFICALLY ORDINANCE NO. 1700. 55-14-67-142 Motion by Commissioner Thomas, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1726 was passed as an emergency measure. ORDINANCE NO. 1726 AN ORDINANCE ESTABLISHING A LOADING ZONE ON THE WEST SIDE OF AVENUE H, BEGINNING ONE HUNDRED AND TEN (110) FEET I.ORTH OF 4TH STREET, AND EXTENDING NORTH, A DISTANCE OF TWENTY- FIVE (25) FEET; AND DECLARING AN EYERGENCY. 55-14-67-143 Motion by Commissioner Thomas, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance Io. 1727 was passed as an emergency measure. ORDINANCE NO. 1727 AN ORDINANCE ESTABLISHING A LOADING 2"ONE ON THE NORTH SIDE OF 13TH STREET, BEGINNING 52 FEET EAST OF TIE ALLEY BETWEEN AVENUE Q AND AVENUE R AND EXTENDING EAST A DISTANCE OF 24 FEET; AND DECLARING AN EMERGENCY. 55-14-67-1" Motion by Commissioner Thomas, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the second regular meeting of the City Commission in the month of May, 1955, to be held on May 27, instead of May 26. The reason for the change in the date being a quorum of the City Commission will not be present on May 26, 1955. 55-14-67-143 Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp find Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize publication of the following "Notice to Bidders" for bids to be received at 2 P.M. June 9, 1955 for drilling and.developing 4 water wells for the City of Lubbock. Said work to be done under W.W.O. 6896. Authorization being hereby given for the expense of drilling and developing to be paid from Water Bond Funds. Estimated cost of project is $7,000.00. Three water wells to be drilled in West Lubbock County and one to be located at 5th Street and Avenue J. NOTICE TO BIDDERS w.w.o. 6896 Sealed proposals, addressed to the Honorable Mayor and City Commission of City of Lubbock, Texas, attention W.B. Holmes, will be received at the City Hall in the office of Steve Matthews, City Manager, until 2 P.M. June 9, 1955, for the drilling and development of four (4) water wells in Lubbock County. Work shall be done in accordance with the plans, specification and contract documents on file in the office of Lavenia Lowe, City Secretary, City Hall, Lubbock, Texas. - Any bid received after closing time will be returned unopened. Bidders must submit cashier's or certified check issued by a bank satisfactory to the owner, for 5% of the amount of the base bid, payable without recourse to the order of the City of Lubbock, or a proposal bond in the sum of the same amount from a reliable surety company, as guaranty that the Bidder .--ill enter into the contract and execute bond and guaranty in the forms provided, within ten (10) days after notice of award of contract to him. Bids without the required check or proposal bond will not be considered. The successful bidder must furnish bond on forms provided in the amount of 100% of the contract price as security for the faithful performance of this contract and for the payment of all persons performing labor and furnishing materials in connection with the contract. Bidders are expected to inspect the sites of the work and to inform themselves regarding the local conditions and conditions under which the work is to be done. Attention is called to the provisions of the Acts of the 43rd Legislature of the State of Texas, page 91, Chapter 45, (Article No. 5159A, Civil Statutes, 1925) concerning the wage scale and payment of prevailing wages established by the Owner. The contractor must abide by the Wage and Hour Laws of the State of Texas and must not pay less than the rate legally prescribed or as set forth below, whichever is higher. Mechanic, Workman or Type of Laborer General Prevailing per Diem gage Based on 8 hr. working day General Prevailing hourly Rate Well Driller $12.00 $1.50 Well Driller Helper 8.80 1.10 Common Labor 8.00 1.00 Welder-Electric-AAcetylene 14.00 1.75 Truck Driver - 11 ton or less 8.00 1.00 Truck Driver - over 12 ton 10.00 1.25 Payment for overtime, work on Sundays and legal Holidays shall be governed by applicable State and Federal Wage and Hour laws. Authorizec, deductions as required by Federal Statutes will be allowed. The owner reserves the right to reject any or all bids and to waive any or all formalities or informalities. In case of ambiguity or lack of clearance in stating the price in the bids, the owner reserves the right to consider the most advanta',eous construction thereof, or to reject the bid. Unreasonable unit prices will authorize the owner to reject the bid. Instructions to bidders, proposal forms and specifications are on file at the office of W.B. Holmes, Director of Public Works, Lubbock, Texas, and may be secured from his office in the City Hall without charge. Payment for successful completion of these wells will be made from the Bond Funds of the City of Lubbock. CITY OF LUBBOCK, TEXAS BY /s/ MURRELL R. TRIPP MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary 55-14-6$-146 The following report was given the City Commission: Mr. L.T. Foster, President of the Lubbock Home Builders Association, made a request to erect a fence along Nashville and Memphis Avenue so as to close 47th Street between Memphis & Nashville Avenues. Item was considered and referred to legal department. Mr. Wilson reports as follows: CITY OF LUBBOCK MEMORANDUM, Inter Office TO: City Manager and City Commission Date: 4/15/55 FROM: Vaughn E. Wilson, City Attorney SUBJECT: Using paved street to build house on to promote private enterprise: Article 784 Penal Code, provides as follows: "Whoever shall wilfully obstruct or injure or cause to be obstructed or injured in any manner whatsoever any public road or highway or any street or alley in any town or city, or any public bridge or causeway, within this State, shall be fined not exceeding two hundred dollars." Many decisions construe this Article, however, the following is deemed kertinent to the question here involeved. The Court held: "Any narrowing of highway to less than its legal width or any permanent interference with the public right is an 'obstruction', and any obstruction that interferes with the highway in sense of.making it less convenient for travel is an offense. Goldston v. Wieghat, Civ. App., 243 S.W. 2d 404". As I understand the facts, this Street is dedicated to public use and will be paved next week. It is intended to be used for several weeks thereafter to build a house on, so as to obstruct its use. Under the circumstances, it appears that the above authority would be applicable. /s/ Vaughn E. Wilson VAUGHN E. WILSON, City Attorney. 55-14-68-147 Bids as follows were read for purchase of 1,600 lin. ft. of 6' 6" fences prefabricated in 7' panels with Line Posts. Said fences to be erected between the.Mackenzie swimming pool and the Park Shop, being bid #956. 1600 LINEAR FEET RED Ci;DAR FENCE FOR MACKLNZIE PARK, BID 956 Close April 22, 1955 Pioneer Fence F&L Fence Westerner Fence Company Company and Wood Works Alt: Alt: Alt: 1. 1600 Ft. 616" Fence prefabricated in 1.'7$t 2.10 1.79 3991.00 7' panels with Line Posts. Fence to 2848.00 3360.00 2864.00 Less 2 7 .82 be of half rounds Texas Red Cedar with Pioneer Farley Norcraft 11.18 Bark or it's equivalent. 1600 Lag Bolts "Penta" treated 49.44 4Jhite Cedar-8' panels Gate (item2) included Alt: Alt: Alt: #2 2. 1 3'x6'61i Gate with Hinges, latch; end 21.00 25.00 15.195 314.5.00 gate post to be of half round Texas 21.00 �5.00 15.95 Less 2%62.90 Red Cedar or its equivalent. 30$2.10 TERMS F.O.B Pricing DELIVERY Cash Net 2%-10 Lubbock -not instal.: ed Job Lub;.,©ck Firm 30 Days Firm 1,2-60 days 3 weeks 1A,2A - 20-30 days After consideration of all bids, motion was made by Commissioner Thomas, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize acceptance of the bid of Pioneer Fence Co., base bid, theirs being considered the lowest and best bid. Authorization being hereby given for this purchase to be made from Park Bond Funds. 55-14-69-148 Bids as follows were read for puchase of 2,000 lbs. Oakum and 10,000 lbs. Ingot Lead to be used in Water and Street Dept., being bid No. 981. DRY OAKUM & INGOT LEAD The Rohan Company 2000 - Lbs. Dry Oakum .2242 48440 10,000 lbs. Ingot Lead .1690 1690.00 F.O.B TERMS DELIVERY WWI LUBBOCK NET 7 days BID NO. 981 Well Machinery & Supply Co. 24.81 496.20 -2% 9.92 486.28 17.11 1711:00 -2% 2222 1676.78 tUBBOCK 2% 10 Days Immediate ST. LOUIS NATIL METAL Ray 9, 1955 Dixie Lead American West Texas Company Smelting & Wholesale Refining Co. Supply No Bid No Bid .30 600. 00 -2% 12. 00 588. 00 .1622 .1510 1622.00 1510.00 2.44 FDTl .00 1589.5 1 4.00 LUBBOCK 2% 10th One Day DIXIE DALLAS Net AS & RW Houston Morrison Viking Clowe & Homer G. Lead Supply Supply Cowan Maxey & Company Company Corp. Inc. Company 2000 - lbs. Dry Oakum No Bid .2550 .234 21.50 .2350 510.00 1 468.00 430.00 470.00 -2 10.20-.;of fl% 2. -2% 8.60 -2 0 499.80 4 5. 421.4o 460.60 10,900 lbs. Ingot Lead .1686 .1760 .1715 .1760 17.25 1686.00 1760.00 1715.00 . 1760.00 1725.00 -2%35.20-?of 1 8.58 -2%35.20 -2%34. 0 1724.80 1706.42 172 90.50 F.O.B LUBBOCK LUBBOCK LUBBOCK LUBBOCK LUBBOCK � _ i 4 BRAND NET 1 day Houston 2%-10 1 of 1-10 day Net 3 days 1 week stock .1773 1773.00 -2% 35.46 1737.54 LUBBOCK 2%-10 Days 5 Days NATIONAL M. B. McKee Company •2354 470.80 .1622 1622.00 Net LUBBOCK 2%-10th 2%-10 Days Net Immedi xt e 1 week Factory Stock St. Louis Hanover St. Louis Tex Vit St. Louis Murdock Murdock American American National Total lows 1931.40 After consideration of all bids, motion was made by Commissioner Nrrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, norse voting Nay, to authorize acceptance of the bid of Clowe and Cowan Inc. for puchase of the Oakum and acceptance of the bid of Dime Lead Co. for purchase of the lead. 55-14-69-149 Motion by Commissioner Thomas seconded by Commissioner Forrest, motion carried, Mayor Tripp ind Commissioner C s voting Yea nosh voting Na to authorize a �fbr; e�dG�shO g g y, charge to be made/for he ac ua1 c� of replacing of paving cuts. A charge of 5.00 per Lin. ft. has heretofore been made, authorization being hereby given for the actual cost of the replacement to be made instead of a charge per lin. ft. 55-14-69-150 Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none votes dNay, to authorize construction of outermost curb and gutter improvements on the frontage along the East side of Avenue Q North Drive from the junction of.North Avenue 0 and iivenue P and Baylor Street to the South property line of North Avenue N. being unit 1667, the property in question being; Owner Natalio P. Munoz and wife, Christina Property that part of Lot 8, Block 2, Rio Vista Addition that lies adjacent to, Southeast of, and outside of the Avenue Q North Drive Right -of -Way Assessment $298.28 Owner Property Assessment Pablo Delgado that part of Lot 13, Block 2, Rio Vista Addition that lies adjacent to, southeast of, and outside of the Avenue Q North $278.54 Drive Right-of-way Total $576.82 This work being constructed by Kerr and Middleton, contractors, and said property owners, as listed above, have not as yet signed mechanic's lien for the improvement of the property. The City hereby guaranteeing payment to Kerr and .Middleton of the estimated $576.82, cost of the construction in the event the contractors are unable to collect said amount from property owners. 55-14-70-151 Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpanter,'Forrest and Thomas voting Yea, none voting Nay, to authorize expenditure of $55,105 from Water Bond Funds for construction of water mains at the following locations. 1. 1211 line in E. 4th St. from Cherry to Guava $8,200.00 2. 101-' line in Memphis Ave. from 36th to 37th 1095.00 3. -8« line in 38th Street from Knoxville to Memphis 4,124.00 4. -8" line in Gary Alley S. of 34th to alley S. of 39th 4,612.00 5. 81' line in 46th St. from Ave. Q to Ave. S 2,632.00 6. 10!' line in 42nd St. Quaker to Slide Road 23,800.00 7. 8'! & 6" in Waco Ave. At Baylor St. 12280.00 8. Dry Stubs: In Ave. P across 48th St. 267.00 In Memphis across 41st St. 208.00 in 42nd at alley between Canton & Detroit 87.00 9. 12" line in Indiana from 47th to 49th 3,500.00 10. 8!' line in Knoxville from 34th to 40th St. 5,000.00 Total $55,105.00 All of these extensions will be constructed by City Forces. 55-14,70-152 Motion by Commissioner Forrest, seconded'by Commissioner Thomas, motion carried, Mayor,Tripp and Commissioners Carpenter,'Forrest, and Thomas voting Yea, none voting Nay, to aubhorize appointment of the following committee of Certified Public Accountants to make a study-of,the City of Lubbock accounting dystem. Said committee to also be requested to advise with the City Commission on procedure to modernize the bookkeeping records of the City of Lubbock: Edwin E. Merrimarr,Chairman, Vernon L. Behner, Joe B. Cassel, Wm. W. Condray, C.N. Hallmark, Haskell G.. Taylor, and C.A. White 55-14-70-153 There was discussion of purchase of carpet for the Headowbrook Municipal Golf Clubhouse, but action was deferred. 55-14-70-154 The following letter was received from Texas Tech College. TEXAS TECHNOLOGICAL COLLEGE Division of Agriculture LUBBOCK, TEXAS Mr. Bill Holmes City Engineer City Hall Lubboc1c, Texas Dear Mr. Holmes: Lay 4, 1955 I am returning the prints of the parking area which is to be built just east of the Coliseum located on the Texas Technological College with two suggested changes. I have met with Dr. E. N. Jones, President, and Mr. M. L. Pennington, Vice -President and Comptroller, and it is felt that such a fine and magnificent structure as is•b Bing constructed by the City of Lubbock should not be marred by structures of a utilitarian nature, such as overhead utility lines and a large sea of paved parking area unbroken to the viewers' eye. We therefore request that the utility lines for the electric light standards be run under- ground and that the median dividing strip of the parkitig area be constructed so as to leave wells for trees which the College will plant. This will necessitate the construction of a Water line in the center of this strip# Trees in this area will, we feel, enhance the setting for the Coliseum and will also break the monotony of such a large paved area. As you know, these suggestions were discussed by the parties concerned prior to the design of this particular area. We wish to take this opportunity to congratulate and thank the City Commission for its fine cooperation in this project. Sincerely yours, /s/, E.J. Urbanovsky E.J. Urbanovsky Landscape architect In order to accomplish the above, the following authorization is required: 55-14-71-155 Construction of parking area lighting - all wiring underground $9600.00 Construction of 6th Street lighting - all wiring underground 6800.00 Construction of 2" to 1" water piping in parking area to water trees 7 .00 17,155.00 The City Commission considered the above letter. The Director of Public Works, W. B. Holmes, indicated to the City Commission that the improvements as requested in the above letter would require an additional expenditure, over that previously planned, of approximately $7,000.00, whereupon, a motion was made by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, lVayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, that the City Commission is agreeable to making the changes as set out in the above letter provided the Texas Tech College will bear the extra cost in the approximate amount of $7,000.00 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, r:ayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: RESOLUTION EXTRACT FROM THE MINUTES OF A REGULAR MEETING AUTHORIZING THE ACCEPTANCE OF A GRANT OFFER AND THE EXECUTION OF A GRANT AGREED= HELD ON L2Z 12 1955 Date BY The City Commission of the City of Lubbock Texas Sponsor The following resolution was introduced by Carpenter, read in full and considered: Resolution accepting a Grant offer and authorizing the execution of the Grant Agreement to be submitted to the Administrator of Civil Aeronautics, U.S. Department of Commerce, to obtain Federal aid in the development of Lubbock Municipal Airport. Be it resolved by the City Commission of the City of Lubbock, Texas. SECTION 1. That the City of Lubbock, Texas shall enter into the Grant Agreement for the purpose of obtaining Federal aid in the development of the Lubbock Lunicipal Airport and that such agreement shall be as set forth hereinbelow. SECTION 2. That the mayor of the City of Lubbock, Murrell R. Tripp, is hereby authorized and directed to execute said Grant Agreement in six copies on behalf of the City of Lubbock, Texas and the (Secretary) is hereby authorized and directed to impress the official seal of the City of Lubbock, Texas and to attest said execution. SECTION 3. That the Grant Agreement referred to hereinabove shall be as follows: Department of Commerce Civil Aeronautics Administration Washington 25 GRANT AGREEMENT Contract No. C2ca-3462-A Date of offer - Apr 20 1955 Lubbock Municipal Airport Project No. 9-41-071-506 TO: The City of Lubbock, Texas (he -rein referred to as the "Sponsor") FROM.: The United States of America (acting through the Administrator of Civil Aeronautics, herein referred to as the "Administrator") WHEREAS, the Sponsor has submitted to the Administrator a Project Application dated Karch 26, 1955 for a grant of Federal funds for a project for development of the Lubbock Municipal Airport (herein called the 'Airport"), together with plans and specifications for such project, which Project Application, as approved by the Administrator, is hereby incorporated herein and made a part hereof; and .,:AREAS, the Administrator has approved a project for development of the Airport (herein called the "Project') consisting of the following described airport development; Lard acquisition. (The airport development to be accomplished, herein described, is in addition to that contemplated or accomplished under the Grant Agreements between the Sponsor and the United States for Projects No. 9-41-071-801, 9-417071-002, 9-41-071-003, 9-41-071-204 and 9-41-071-205. all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; NOi, THEREFORE, pursuant to and for the purposes of carrying out the provisions of the Federal Airport Act (60 Stat. 170; Pub. Law 377, 79th Congress), and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained ii: said Project Application, and its acceptance of this Offer, as her°inafter provided, and W the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport, as h .r .in provided, THE ADMINISTRATOR, FOR AND ON BEHALF OF THE UNITED STATES, HEREB OFFERS AND AGREES TO pay, as the United States' share of costs incurred in accomplishing the project, 50 percentum of all allowable project costs, subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be 632,000.00 2. The Sponsor shall (a.) begin accomplishment of the Project within a reasonable tine after acceptance of this Offer, and (b) carry out and complete the Project in accordance with the terms of this Offer, and the Federal Airport Act and the Regulations promulgated thereunder by the Administrator in effect on the date of this Offer, which Act and Regulations are incorporated herein and made a part hereof, and (c) car~y out and complete the Project in accordance with the plans and specifications and property map incorporated herein as they may be revised or modified with the approval of the Administrator or his duly authorized representatives. 3. The Sponsor shall operate and maintain the Airport as provided in the Project Application incorporated herein. 4. The maximum amounts of building space which the Sponsor shall be obligated to furnish civil agencies of the United States for the purpose and on the terms and conditions stated in paragraph 10 of Part 111 of the Project Application for Project No. 9-41-071-801, shall be as set forth in the attached schedule of maximum space requirements which is incorporated herein and made a part hereof. 5. Any misrepresentation or omission of a material fact by the Sponsor concerning the Project or the Sponsor's Authority or ability to carry out the obligations assumed by the Sponsor in accepting this Offer shall terminate the obligation of the United States, and it is understood and agreed by the Sponsor in accepting this Offer that if a material fact has been misrepresented or omitted by the Sponsor, the Adminis- trator on behalf of the United States may recover all gr.nt payments made. 6. The .Administrator reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. This Offer shall expire and the United States shall not be obligated to pay any of the allowable costs of the Project unless this Offer has been accepted by the Sponsor within 60 days from the above date of Offer or such longer time as may be prescribed by the Administrator in writing. The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Offer and acceptance shall comprise a Grant Agreement, as provided by the Federal Airport Act, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed under the Project but in arty event not to exceed twent-r years from the date of said acceptance. UNITED STATES OF AJ.L:RICA THE ADMMTISTRATOR OF CIVIL AERONAUTICS By Regional Administrator, Region 11 Part 11 - Acceptance The City of Lubbock, Texas, does hereby ratify and adopt all statements, repres-:•nt ations, warranties, covenants, and agreewnts contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this 12th day of lay 1955. CITY OF LUBBO TEXAS Name of Sponsor By /s/ MURRELL R. TRIPr Title Mayor SISAL ATTE,M. /s/ Lavenia Lowe Lavenia Lowe Title: City Secretary -Treasurer CERTIFICATE OF SPONSOR'S ATTORNEY I, Vaughn E. Wilson, acting as Attorney for City of Lubbock, Texas coo hereby certify: That I have examined the foregoing Grant Agreem nt and the proceedings taken by said City of Lubbock relating thereto, and find that the Acceptance thereof by said City of Lubbock has been duly authorized and that -the execution thereof is in all respects due and proper and in accordance with the laws of the State of Texas and further that, in my opinion, s:;id Grant Agreement constitutes a legal and binding obligation of the City of Lubbock in accordance with the terms thereof. D-ited at Lubbock, Texas this 12th day of May 1955. /s/ Vaughn,E. Wilson Vaughn E. Wilson Title: City Attorney MAXIMUM RENT FREE SPACE REQUIREMENTS LUBBOCK 1,TI TNICIPAL AQLQRT LUBBOCK. TEXAS Project No. 9-41-071-506 COMBINED AIRWAYS CON2`iTNICATIONS STATION/ATC TOWER Control Room 232 sq. ft. Operations Chief's Office 276 sq. ft. Equipment Room 247 sq. ft. Storage 194 sq. ft. Teletype Room 116 sq. ft. Storage 75 sq. ft. Maintenance Chiefs Office and Shop 238 sq. ft. Maintenance Storage 78 sq. ft. Total 1456 sq. ft. UNITED STATES WEATHER BUREAU ACTIVITI:,S & EQUIPMENT Operations Room 326 sq. ft. OIC Office 140 sq. ft. Storage 60 sq. ft. Inflation Room ? .1 sq. ft. Total 649 sq. ft. 55-14-73-156 Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1724 was passed as an emergency measure. ORDINANCE NO. 1 2 Ali ORDINANCE ESTABLISHING A NO -PARKING ZONE ON THE WEST SIDE OF AVENUE N FROM BROAUATAY TO 13TH STRE77; AUTHORIZING PAINTING OF CURBS AND THE ERECTION OF SIGNS; PROVIDING A PENALTY; REPEALING CONFLICTING ORDINANCES; AUTHORIZING PUBLICATION; AND DECLARING 01 EMERGENCY. 55-14-73-157 Mr. Jim Crook of Chamber of Commerce appeared before the City Commission in regard to a building site for a buildin-- to be constructed in this area by the Air force Reserve Training Unit of the United States Government. Mr. Crook stated to the City Commission that a grant of approximately $140,000.00 is being requested from the government for construction, in the fiscal year 1956-57, of this building. Motion was made by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize lease of the following described tract of land to the Air Force Reserve for the Air Reserve Training Building, the Mayor being hereby authorized to enter into said lease agreement, term of lease agreement to be twenty-five years at a rental of $$1.00 per year. This tract of land being offered inasmuch as said tract has been previously offered to the government for location of a National Guard Armory Site, however, said site was released by the Government as location of the National Guard Armory Building. Description of Air Reserve Building A parcel of land out of Section 12, Blk. A, Lubbock County, Texas described by metes and bounds as follows: Beginning at a point 60 ft. west,and 1781.6 ft. south of the northeast corner of Section 12, Block A, Lubbock County, Texas; Thence South 520.0 ft. to a point; Thence west 362.0 ft. to a point; Thence north 520.0 ft. to a point; Thence east 362.0 ft. to the point of beginning and containing 4.40 acres. 0.40 acres is reserved out of the 4.40 acres as an alley way 20 ft. wide on the west and north and south sides of the described tract. 55-14-73-158 Motion by Commissioner Forrest „ seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following Ordinance No. 1728 wds passed on first reading. G.W.0.1082 ORDINANCE NO. 1728 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING A PORTION OF AVENUE Q FROM 34th TO 50th STREET, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED LEI THE PAVING ASSES=TS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF, AND P�VIDINr FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IDENCE THEREOF ALLOCATING FUNDS. 55-14-73-159 DTotion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1718 was passed on second and final reading. ORDINANCE NO. 1I18 AN ORDINAV CE•AMENDING SECTIONS 4 and 13 OF ORDINANCE NO. 865, CHANGING THE PROVISIONS FOR CONSTRUCTION REQUIREMENTS FOR SLAUGHTER HOUSES AND CHANGING THE AMOUNT OF INSPECTION FEES TO BE PAID FOR INSPECTIONS; PROVIDING A SAVINGS CLAUSE AND DEC ARING THE EFFECTIVE DATE OF THIS ORDINANCE. 55-14-74-160 Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize paving of 30th Street from Avenue A to Avenue.E, said work to be done by West Texas Construction Co. under their existing contract with the City, G.W.O. 1023. The City Commission hereby guaranteeing the payment to the contractor for the paving of the following described property: Beginning 1295' N. and 635' W. of the Southeast corner of Sec. 7, Block B, Lubbock Qounty Texas; thence S. 140', thence E. 75'; thence N. 140t; thence W. 75' to the point of,beg�nning. Said property being located on the South side of 30th Street and owned by T. W.,Coffman. The necessary instruments for paving of this property have not been signed by Mrs. Coffman bowever, they have been signed by Mr. Coffman and it is anticipated that said property owners will pay for the paving. The City of Lubbock also hereby guaranteqrs the payment to the contractor for the paving of the S. 25' of Lot 15, Block 4, Usleman'$ Addition to the City of Lubbock, said property being owned by T. W. Dillard. Mr. Dillard has not signed the required legal instruments for the paving of said property, however,,it is anticipated that said papers will be signed by Mr. Dillard as the City of Lubbock has assurance from his brother T. B. Dillard that said instruments will be signed by T. W. Dillard, and that he will pay for the paving. 55-14-74-161 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Thomas and Forrest voting Yea, none voting Nay, to approve and authorize execution of a joint Airport use agreement between the City of Lubbock, Texas and the United States of America, in accordance with the terms of Ordinance No. 898, said joint use agreement to cover the operation of aircraft owned and operated by the United States of America at the Lubbock Municipal Airport, the term of said contract to be for the period beginning July 1, 1955 through June 30, 1956 and continuing in force thereafter from year to year for the four (4) following years. The Airport Board being authorized to approve the execution of said contract in accordance with the terms of Ordinance No. 898. The agreement follows: JOINT AIRPORT USE AGREEMENT BEtWEEN CITY OF LUBBOCK, STATE OF TEXAS AND THE UNITED STATES OF AMERIRICA T1:IS AGREEMENT, made and entered into this 12th day of May, 1955, by and between the City of Lubbock a home rule municipal corporation orgaii:azed and existing under the laws of the State of Texas, ( acting by and through the Lubbock Municipal Airport Board), whose interest in the property hereinafter described is that of owner, for itself, its successors and assigns, hereinafter called the City, and the United States of America, hereinafter called the Government. WITNESSETH That by virtue of considerations hereinafter set forth and other good and valuable considerations given by each party unto the other, the receipt of which is hereby acknowledged, the City and the Government do hereby covenant and agree as follows: 1. This agreement shall be for a term beginning July 1, 1955, through June 30, 1956, and shall remain in forcethereafter from year to year for the four (4) following years unless revoked by the City by giving written notice to the Commanding Officer Reese Air Force Base thirty (30) days before the end of any such year. 2. The Government shall have the right to use for military aviation purposes (including but not limited to reserve and National Guard aviation activities), concurrently and in common with the City and others so authorized, the property comprising the landing area of the Lubbock Municipal Airport, located in Lubbock County, State of Texas, as so identified on the map of the Airport marked Exhibit "A", which is attached hereto and hereby made a part hereof. 3. The Government agrees that all usage of the Lubbock Municipal Airport shall be limited to aircraft having a total gross weight of 25,000 lbs. or less and/or a main landing gear tire pressure of less than 90 lbs. per sq. in. The Qovernment covenants and agrees that it will not permit any of its aircraft which exceed the above gross load limitations to use the landing area of the Lubbock Municipal Airport. 4. The City shall operate the Property referred to in Paragraph 2 as a public landing area and to that end shall provide the Government the same services as those furnished other users, without cost to the Government. 5. The City shall maintain the property referred to in paragraph 2 in a safe operating condition during the term of this agreement. 6. The Government shall pay to the City of Lubbock, Texas, a portion of the costs of maintenance and operation incurred by the City during the preceeding year, which portion has been computed and is established at the rate of $0.06234 per thousand pounds per movement for all movements in excess of two hundred (200) movements per month or five million pounds pep month, whichever shall be the lesser. The Lubbock Municipal Airport Control To'e.er traffic records shall be used as the basis of determining the number and type of all aircraft movements. For the purpose of preparing invoices, it is hereby determined that: B-25 type aircraft C-47 type aircraft C-45 type aircraft C-54 type aircraft C-131 type aircraf- The manufacturersi shall be rated at 25,000 lbs. gross weight shall be rated at 25,000 lbs. gross weight shall be rated at 8,000 lbs. gross weight shall be rated at 73,000 lbs. gross weight shall be rated at 46,000 lbs. gross weight naximum gross weight shall be used for any other type. 7. Tht total number of movements shall be multiplied by the gross weight of the aircraft using the gross weights hereinafter set forth. After determination of the total gross load in pounds imposed upon the Airport by Government aircraft during any calendar month the Government shall be granted two hundred (200) movements or five million pounds, whichever is the lesser, as a free usage allowance. All loads imposed upon the Lubbock Municipal Airport by Government aircraft in excess of two hundred (200) movements or five million pounds, whichever is the lesser, shall be paid for by the Government at the rate of $0.06234 per thousand pounds movement. 8. The Government agrees that invoices of charges shall be prepared monthly and for- warded to the Purchasing and Contracting Officer, Reese Air Force Base on or before the loth of each and every month following the month of Usage. The Government further agrees that payment shall be made promptly upon receipt of a certified invoice. 9. The Government agrees that the City retains the right to review the direct and deferred costs of operating and maintaining the landing area together with the right to adopt a new per pound rate on any anniversary of this agreement. In the event any such annual review results in a new per pound rate, the City shall notify the Government at least sixty (60) days prior to July 1 of the first year for which such revised per pound rate shall be effective. In the event that any such revised rate shall be adopted, the parties hereto agree to enter into and execute a supplemental agreement to this Agreement to provide therefor. 10. The administrative and operational control and min tgement of the property referred to as the landing area in paragraph 2 hereof shall remain in the City. The Government, in its use of said property, shall comply with the City's rules and regulations governing operations on such property, provided, that during the existence of a National Emergency declared by the Congress of the United States, the City shall prescribe and enforce such regulations as the Government may determine to be necessary in the interest of national security, and provided further, that the Government shall defray the cost of all guards and ec,uipment needed to enforce and effectuate any security regulations required by the Governm-:nt in excess of those regulations required for Civil needs. 11. The Government and the City will provide such fire and rescue protection as may be mutually agreed upon between the parties. 12. The Government will reimburse the City for all costs incurred in rep7firing or replacing the City's property- damaged by Government operations. No cost of maintenance or operation of landing area paving and/or lighting shall be considered as damage. 13. The Government may terminate this agreement at any time by giving thirty (30) days notice in writing to the City and -o charges of any nature shall accrue after the effective date of such a termination. 14. Any notice under the terms of this agreement shall be in writing, signed by a duly authorized representative of the party giving such notice, and if given by the Government, shall be addressed to -the City, % of the Director of Aviation, Lubbock Municipal Airport, Route 3, Box 201, Lubbock, Texas and if given by the City, shall be addressed to the Commanding Officer, Reese Air Force Base, Lubbock, Texas. 15. The City warrants that no person or selling agency has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the City for the purpose of securing business, For breach or violation of this warranty the Government shall have the right to annul this agreement without liability, or in its discretion, to recover from the City the amount of such commission, percentage, brokerage, or contingent fee, in addition to the rental set forth herein, if any. 16. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to $ y share or part of this agreement or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. 17. In connection with the performance of work under this agreement, the City agrees not to discriminate against any employee or applicant for employment because of race, creed, color, or national origin: and further agrees to insert the foregoing provision in all subcontracts hereunder except subcontracts for standard commercial supplies or for raw materials. 18. The Comptroller- General of the United States or any of his duly authorized representatives shall have access to and the right to examine any pertinent books, documents, papers, and records of the City or any of its subcontractors engaged in the performance of and involving transactions related to this agreement or any subcontract thereof. EXECUTED IN triplicate this 12th day of May, 1955. LUBBOCK MUNICIPAL AIRPORT BOARD for CITY OF LUBBOCK, TEXAS A Municipal Corporation ATTEST: City Secretary UNITED STATES OF AMERICA City Attorney No further business coming up for consideration, the City Commission recessed to meet on May 12, 1955 at 1:30 P.M. Read and approved this the 9th day of AL L, enia 1-cwe, C y Secretary -Treasurer June , 1955. 1, f �i .. , REGULAR MEETING Lubbock, Texas May 12, 1955 The City Commission of the City of Lubbock, Texas, met in regular session at 1:30 P.M., continued from regular meeting of 9:30 A.M. on this date, at the regular meeting place in the City Hall, the following memos thereof being present to -wit: Mayor Pro -tern Hurley Carpenter, Commissioners S. S. Forrest and Lucian Thomas, City manager Steve Matthews, City Attorney Vaughn E. Wilson, City Secretary -Treasurer Lavenia Lowe Absent: Mayor Murrell R. Tripp and Commissioner Lennis Baker 55-14-76-162 Dr. W. C. Holden and Mr. Chas. Maedgen Jr. appeared before the City Commission requesting improvement of the City's 80 acre tract of land located Northwest of Lubbock, adjacent to the Clovis Highway, said land being located in Section 18, Block "A" Lubbock County, Texas. This site being requested for the purpose of preserving the geological formation, now existing in said land, for obse-:•vation by the Texas Technological College museum. After consideration of this request, motion was made by Commissioner Forrest, seconded by Commissioner Thomas, Mayor Pro- tem Carpenter and Commissioners Forrest and Thomas voting Yea, none voting Nay, to authorize this proposal to be referred to the City of Lubbock Park Board for consideration and recommendation. 55-14-76-163 Request was received from Mrs. J. I. Coffman of the Missionary Gospel Church that said church be allowed to hold a tent revival at 41st Street and Avenue H. Permission also being aked for a P.A. system. The City Commission considered this request and since there are residences located in this area it was felt that a public address system used in the meeting would disturb residents, therefore motion was made by Cor-missioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Fro-tem Carp -enter and Commissioners Forrest and Thomas voting Yea, none voting Nay, to deny the request for use of the P.A. system. 55-14-76-164 It was brought to the attention of the City Commission that the request of the Texas Technological College Foundation for change of zone of Lots 1, 2 and 3 and the East one-half of Lot 4, of Block 5, Ellwood Place Addition, Installment No. 1 to the City of Lubbock from a 11R-1" to a TIC-2" zoning district, has been denied by the Planning & Zoning Commission. This property is located at the Southwest corner of 19th Street and College Avenue. Request being hereby made to the City Commission by the Texas Technological College Foundation for a hearing before the City Commission to consider change of zone of the property from 11R-1" to the "C-2" District. After consideration of the request, motion was made by Commi$sioner Forrest, seconded by Commissioner Thomas, motion carried, lHayor Pro-tem Carpenter and Commissioners Forrest and Thomas voting Yea, none- voting Nay, to authorize publication of the following notice of zoning hearing. NOTICE OF ZONING HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to, and to all other interested persons, as provided by law, that the City Commission will hold a public hearing on the 9th day of June, 1955, at 2:00 o'clock P.M. in the City Commission room, on the first floor of the City Hall in Lubbock, Texas, .to consider the recommendations of the Zoning and Planning Commission that the Zoning District of the property herein described, not be changed from its present zoning; and at which time and place, all interested persons will be given an opportunity to be heard, after which hearing the City Commission will determine whether the Zoning Ordinance and Asap will be amended. Zone Case No. 492 - Request of Tech Foundation (Dr. D. M. Wiggins) to change Lots 1, 2, 3, and the East one-half of Lot 4, Block 5, Elwood Place Addition, Installment No. 1 to the City of Lubbock, Lubbock County, Texas, from an "R-1" to a 11C-211 Zoning District (19th Street and College Avenue). /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer (SEAL) 55-14 77-165 The following proposal was received from J. G. Riichel, agent for the Texas Pipe Line Co., to secure easement for construction of a 61, petroleum products pipe line on the :pest side of 'Sec. 12 and the East side of Sec. 13, in_ Lubbock County. THE TEXAS PIPE LINE CODIPANY P. 0. Box 726 Lubbock, Texas, 1_ay 12, 1955 City Commissioners City of Lubbock Lubbock, Texas Letter returned Gentlemen; to W. B. Holmes May 25, 1955 It is the desire of The Texas Pipe Line Company to acquire right-of-way across 286.15 acres of land, being 18.4 acres out of Section 13, Block A, 0.36 acres out of Section 17, Block A, and 267.39 acres out of Section 12, Block A, all in the T.T.R.R. Survey, for the construction of a proposed 6 inch petroleum produets pipe line along a route on the West side of Section 12 and the East side of Section 13, with the exact location to be surveyed and subject to the approval of the City Engineer as to route. The consideration for the right-of-way is to be $1.00 per rod and the Grantee is to pay all damages to crops, fences and land which may be suffered from the construction, operation or maintenance of such pipe line. The pipe line will be laid according to the specifications set forth by the City Engineer as to depths and methods of crossing the water lines ovmed by the City of Lubbock. It is respectfully requested th.t the City Commissioners give this request due consideration and that your body grant such a request by adopting a resolution granting this right-of-way at your earliest convenience. Very truly yours, /s/ J. G. Reichel J. G. Reichel Agent After consideration of the above proposal of the Texas Pipe Line Co., motion was made by Commissioner Forrest, seconded by Commissioner Thom-s, motion carried, Mayor Fro-tem Carpenter and Commissioners Forrest, and Thomas voting Yea, none voting Nay, to authorize an easement to be prepared for consideration by the City Commission for said pipe line under the terms as set out above. The location of the right-of-way being subject to approval of W. B. Holmes, Director of Public Works of the City of Lubbock. 55-14-77-166 lair. S. C. Rawlings, Kanager of the Group Department of the Aetna Life Insurance Co. appeared before the City Commission and presented the following letter in regard to a substitution of premium waiver clause for the permanent and disability now in the contract between the City of Lubbock and the Aetna Life Insurance Co. for Life Insurance coverage on City Employees, request being also made by the Co. to delete the back d .t ed conversion clause in said contract. The letter follows; File returned to Lynn Andrews May 25,1955. TO E.L. Rawlings, Mgr. Group Dept. Lubbock, Texas From Home Office - Group Division Date April 13, 1955 Reply to letter dated March 30, 1955 Subject City of Lubbock 4696 Your letter of March 30, 1955 to the Life Claim Division has been referred to us for reply. We understand that this policyholder is considering the substitution of our modern premium waiver clause for the permanent and total disability clause presently in their contract. As you know, we no longer offer permanent and total disability benefits under a. new Group Life policy except under very unusual circumstances. The principle reason for our discontinuing this provision is that it resulted in serious losses apparently arising out of selection against the plan. Loss ratios under policies containing this provision are consistently higher even during periods of favorable economic conditions. During periods of depressed economic conditions we found that it was very difficult for us to cope with the abuses that arose in connection with permanent and total disability claims. If we should meet with another period of depressed conditions we would expect that such abuses would again arise. Under this policy the over-all experience has been favorable in spite of the permanent and total disability clause. However, we rote that during the past year three such claims have been incurred in the amount of $6,000. These claims were paid to Mr. William Tooke, Mr. William Verner and Mr. Jim Earles. We would have liked to have been able to increase the discount further at the last renewal in view of the over-all experience, but due to the high permanent and total disability claims in addition to the regular death claims wewwe unable to extend any further rate credit. However, if our policyholder were to decide to replace this benefit at this time with our modern premium waiver clause we would be willing to increase the present 33% discount to 35%. We believe that the City of Lubbock would be well advised to make this change and we hope that they will take advantage of the increased discount which we are offering. If such a change is made we suggest that the back dated conversion clause be removed at the same time. This conversion clause offers each employee a choice between a policy bearing a premium for his attained age and a policy dated on the original date on which he became insured under the group insurance plan subject to the premium rate for his age at that original d'ite. Under the second altern.:tive a corresponding lump sum payment is due. The formula used to determine this lump sum payment implies that we are charging the difference between the Ordinary Department premium and our gross Group Term premium. However, in actual practice under a group policy we do not retain the gross premium in respect of every employee who survives. tinder this particular policy substantial discounts have been in -effect for many years and we have not even collected the gross premium for each employee. In the case of older employees the cash value immediately available under the individual policy is often higher than the Jump sum payment calculated by our formula. Thus an employee converting at an advanced age may realize a "windfall profit" by surrendering his individual policy for cash. From our point of view every insured employee or pensioner over the age of 65 represents a contingent loss. Because we must expect to experience losses in connection with this back -dated conversion formula we must retain a certain amount of the premium to cover such losses. We have no desire to retain such additional amounts and we would very much prefer that the privilege be removed from the contract. Therefore, if a completely modern contract is written removing both the permanent and total disability clause and the back -dated conversion provision we would be willing to establish a 36% discount from the present gross rate. We hope we have answered your questions to the policyholder's satisfaction and if we can furnish you with any additional assistance please write us again. This proposal was taken under advisement for Very truly yours, /s/ Jean E. Robbins Group Statistical Department 5-D consideration by the entire City Commission. Kr. Rawlings presented the following information in connection with his letter. PERMANENT TOTAL DISABILITY BENEFIT If any employee while insured hereunder becomes totally disabled before age 60 and if the disability will presumably prevent the employee for life from engaging in any occupation or employment for wage or profit, the Company will pay to the employee, in lieu of all other I' benefits, the amount of insurance in force upon such employee's life at the time the disability commenced. Entire and irrecoverably loss of the sight of both eyes or of the use of both hands or of both feet or of one hand and one foot will of itself be considered as permanent total disability. When claim is made for permanent total disability benefits for an employee, the Company shall be permitted to examine the employee at any time before such employee is admitted by the Company to be permanentJy and totally disabled. (The above provision applies to City of Lubbock present contract) EXTE1MED DISURANCE If an employee, while i�sured and while under age sixty, becomes totally disabled from bodily injury or disease which prevents engagement in any occupation for compensation or profit and if such disability continues after the discontinuance of premium payments for such employee's insurance, the insurance will be extended, without payment of premiums, during the continuance of such total disability for a period of twelve months, or until prior receipt of the proof of permanent total disability referred to below. Permanent total disability, within the meaning of this contract, is defined as disability resulting from bodily injury or disease which prevents engagement in any occupation for compensat'on or profit and which has continuously existed for a period of at least nine months. If, before the discontinuance of premium payments for any employee or within twelve months thereafter, written proof is received at the Home Office of the Cor:pan y that permanent total disability, as above defined, of such employee began while such employee was insured and was under age sixty, the insurance of that employee will be extended without payment of premium during the further continuance of such permanent total disability for a period of one year from the receipt of such proof and for successive further periods of one year each during the continuance of such disability, provided -proof of its continuance is submitted to the Home Office of the Company in writing within the three months preceding each such year. Such proof must be furnished to the Company on the initiative of the disabled employee or by some one on the employeets behalf without the necessity of the Company requesting such proof. The amount for which the insurance will be extended from year to year shall be the amount provided by the Insurance Schedule in this policy but not in excess of the amount in force at the time of discontinuance of premium payments. The Company shall have the right to have the employee examined at any time or times during disability. If the employee ceases to be so disabled and is then eligible for insurance under this policy, insurance will be continued only if premium payments are resumed. If the employee ceases to be so disabled and is not then eligible for insurance under this policy, the insurance will automatically cease thirty-one days thereafter, except that irrespective of the continuance of disability the insurance will automatically cease thirty-one days after the end of any year during which the employee fails to furnish proof of the continuance of disability as herein - above required or thirty-one days after refusal of the employee to be examined as herein - above provided. During the thirty-one day period (mentioned in this paragraph) preceding termination of insurance, the employee shall be entitled to apply for a policy of life insurance in accordance with the "Conversion Privilege" of this policy as though employm►nt had terminated at the beginning of such thirty-one days. itten notice of the death of an employee while covered under this provision must be given to the Home Office of the Company within twelve months after the date of death; if such notice is not given, the Company will not be liable for any payment on account of such death. (The above provision relates to the proposed revised contract form) No further business considered, the City Commission recessed to meet May 17, 1955 at 2:00 P.M. Read and approved this the 9th day of *veniaLLowe, ity Secretary -Treasurer June , 1955.