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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/11/1954REGULAR MEETING Lubbock, Texas March 11, 1954 The City Commission of the City of Lubbock, Texas, met at 10:00 A.M. in regular session in the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor Murrell R. Tripp, Commissioners Hurley Carpenter, L. E. Davis, Lucian Thomas, City Manager Steve Matthews, Acting City Attorney W. L. Somers, City -Secretary -Treasurer Lavenia Lowe. Absent: Commissioner Harry Morris. Minutes of City Commission, Regular Meeting, February 25, 1954, and Recessed Regular Meeting of March 3, 1954, were read and upon motion by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, they were approved. 51�-12-341»3j$ Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1535 was passed on secolid. and final reading. ORDINANCE N0. 1535 , AN ORDINANCE REGULATING TAXICABS USING PUBLICWAYS WITHIN THE CORPORATE LIMITS OF IM CITY OF LUBBOCK, DEFINING THE WORDS "CITY," "STREET," "STREETS," "TAXICAB," "PERSON," "OWNER," "TAXICAB OPERATOR," "OPERATOR," "DRIVER, If "CHAUFFEUR,!' "DIRECTOR," FOR THE PUR_ POSE OF THIS ORDINANCE; PRESCRIBIM DUTIES,OF DIRECTOR OF PUBLIC SAFETY IN ENFORCEIvD14T CF 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 OB_ TAIN A CHAUFFEUR'S LICENSE; PROVIDING FOR AN APPEAL TO THE CITY COIVYIISSION BY APPLICANT WHEN'DENIED A CITY CHAUFFEUR'S LICENSE; MAKING SUCH LICENSES NONTRANSFERABLE; PROVIDING FEES FCC RENEWAL APPLICATIONS; PROVIDING FOR ISSUANCE OF LICENSE WHEN APPLICANT MEETS QUALIPICATIONS PROVIDED BY ORDINANCE; PROVIDING IDENTIFICATION CARDS FOR TAXICAB DRIVERS, PHOTOGRAPHS, EXHIBITION QF SAME IN CABS BY DRIVERS AND CHAUFFEURS; PROVIDING 45 DAYS GRACE PERIOD FOR SECURING CHAUFFEUR'S LICENSE; PROVIDING FOR TEMPORARY CHAUFFEUR'S PERMITS; MAK- ING IT UNLAWFUL TO DRIVE OR OPERATE A TAXICAB OR PERMIT THE SAME TO BE DONE WITHOUT FIRST HAVING SECURED THE CHAUFFEUR'S LICENSE PROVIDED FOR; MAKING IT UNLAWFUL FOR A14Y SUCH CHAUF_ FEUR TO KNOWINGLY 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; rROVIDING A PENALTY; DIRECT- ING PUBLICATION OF THE DESCRIPTIVE CAPTION OF THIS ORDINANCEP AND PROVIDING EFFECTIVE DATE OF ITS PROVISIONS TEN DAYS AFTER THE SECOND PUBLICATION. Motion by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas.voting Yea, none voting Nay, Ordinance No. 1536 was passed on second and final reading. ORDINANCE NO._1536 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 661 ANDT HE ORIGINAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONING Cr:SE NO. 464 - CHANGE LOTS TEN (10) THROUGH THIRTEEN (13), BLOCK FOUR (4), PARK TERRACE SUBDIVISION, FROM THE "B" TO THE "F-1" ZONING DISTRICT (34TH STREET BETWEEN OXFORD AND PEORIA). 54-12-392-750 Motion by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1537 was passed on first reading. ORDINANCE NO. 1537 AN ORDINANCE ESTABLISHING BUILDING LINES ON THE SOUTH EAST SIDE CF THE BROWNFIELD HIGHWAY (U.S.62) LYING BETWEEN SLIDE ROAD AND OXFORD AVENUE, BEING MORE PARTICULARLY DE_ SCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; PROVIDING THAT NO BUILDING OR OTHER STRUCTURES SHALL HEREAFTER BE ERECTED, RE -ERECTED OR SUBSTANTIALLY REPAIRED IN SUCH BUILDING LINE; REQUIRING EXISTING STRUCTURES IN SUCH BUILDING LINE HEREIN ESTABLISHED TO CONFORM TO SUCH BUILDING LINE WITHIN 5 YEARS; DEFINING "BUILDING LINE" AND PROVIDING THAT SETBACK REQUIR111ENTS UNDER ORDINANCE 661 AND AMENDMENTS THERETO BE DETERMINED FROM THE BUILDING LINE HEREIN ESTABLISHED; PROVIDING EXCEPTIONS FOR UTILITY EXTENSIONS AND PUBLIC IYIPROVD4ENTS; PROVIDING FOR A PENALTY AND PROVIDING FOR PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE OF THIS ORDINANCE. 54-12-392-751 The following proposal Was received from C. V. Lanham for permanent and working easement across the north 1/2/Section 11+, Block A, for construction of a water supply line to west Lubbock County: WEST LUBBOCK COUNTY WATER SUPPLY LINE P R O P O S A L TO: City Commission I, Lubbock, Texas Y WHF�tZEAS, C. V. Lanham and wife Zora Lanham are (is) the sole owner(s) of all that property lying .and being situated in Lubbock Country, Texas, being further described as follows, to -wit: . A part of the north 2 of Section 140 Block A. 3� y and; WHEREAS, the CITY OF LUBBOCK is desirous of obtaining a permanent and perpetual easement for the purpose of constructing, reconstructing and perpetually maintaining large water lines together with appurtenances including valves in, on, under, upon and across a portion of the above described property being further described as follows, to -wit: A lot, tract or parcel of land lying and being situated in Lubbock County, Texas, and being 104 acres of land, more or less, out of the north I of Section 14, Block A, Lubbock County Texas, described as follows: Starting at the inter section of the north R,O.W. line of Panhandle & Santa Fe Railway Co. (Clovis Branch), with the west line of Section 14., Block A in Lubbock County, Texas; Thence in a southeasterly direction along the north R.O,W. line of said Railway Co., a distance of 230 ft., more or less, to a point, said point being in the north R.O.W line of said Railway R.O.W. where R.O.W. narrows from 100 ft. to 50 ft. on the north side of railroad tracks; Thence in a southwesterly direction along Railway R.O.W. where said R.O.W. narrows from 100 ft. to 50 ft. on north side of railroad track, a distance of 50 ft. to a point, said point being the point of beginning of this tract; Thence in a southeasterly direction along the north R.O.W. line of said Railway R.O.W., a distance of 3310 ft., more or less, to a point, said point being the point of intersection of the north R.O.W. line of said Railway Co. with the west line of C. A. Biard property; Thence north along the west line of C. A. Biard property, a distance of 29,31 ft. to a point; Thence in a northwesterly direction 25 ft. from and parallel to the north R.O.W. line of said Rail- way Co., 4 distance of 3293 ft., more or less, to a point, said point being in the Railway R.O.W. line running northeasterly and southwesterly where said R.O.W. widens from 50 ft. to 100 ft. on the north side of railroad tracks; Thence in a southwesterly direction along said Railway R.O.W., a distance of 25 ft. to the point of beginning. Containing 1,90 acres, more or less, for utility easement. and; V!HEREAS, the CITY OF LUBBOCK is further desirous of obtaining a working easement for use during construction and reconstruction of water lines in the permanent and perpetual easement which will require an additional twenty-five (251) feet on the North side of that perpetual easement hereinabove described, it being fully understood and agreed that such working easement will be used only during periods of construction and reconstruction of water lines in the permanent easement; and; WHEREAS, it is understood and agreed that the CITY OF LUBBOCK shall, after construc- tion, reconstruction, maintenance, or repair of such water lines, restore such premises to substantially the same condition as the same were in prior to such construction, reconstruav• tion, maintenance or repair, and it being further understood and agreed that any and all structures or facilities presently existing" of the date of the. exec4ion of this proposal in either the permanent or working easement herein proposed to/8nvey� shall be permitted to remain as the same now exists, but that no new structures or facilities which are not now presently existing shall be constructed upon the permanent and perpetual easement herein proposed to be conveyed to the CITY OF LUBBOCK, and; WHEREAS, it is understood and agreed that.the CITY OF LUBBOCK shall have full use and enjoyment of the perpetual easement herein proposed to be conveyed, and further the CITY OF LUBBOCK shall have the right to enter upon the same at any and all times and seasons for any purposes whatsoever, provided, however, that any damages which may be sustained to growing crops at the time of entry on either the permanent or working easements herein described the CITY OF LUBBOCK will compensate the persons) shown entitled thereto at the time such growing crops are injured or destroyed, the reasonable cash market value of such crops as of the date of such injury or damage, and; WHEREAS, it is further understood and agreed that this proposal is submitted subject to the due acceptance by the governing body of the CITY OF LUBBOCK and that if and when such proposal is accepted we (I) will deliver to the CITY OF LUBBOCK, a complete Abstract of Title showing merchantable title in us (myself) on all that property included within the permanent easement as hereinabove described; and further, that such abstract as presented to the CITY OF LUBBOCK, shall be for the purpose of exWmination only with the right of the CITY OF LUBBOCK to have such abstract supplemented and brought down to date at its own cost and expense, the base abstract being returned to us (me) and the supplement which shall be paid for by the CITY OF LUBBOCK, to remain the property of the CITY OF LUBBOCK; and; WHEREAS, it is further understood and agreed that upon acceptance of this proposal by the CITY OF LUB30CK, we (I) do grant to the CITY OF LUBBOCK, its authorized agents, legal representatives, contractors and assigns, the right to enter upon the permanent and working easements herein described for any and all purposes contemplated by this proposal such right of entry to be granted pending final determination of merchantable title in us (me) and for correction of any curative matter which may appear in the abstract to be examined, in order to not unduly delay the commencement of construction of such water line, and; WHEREAS, it is further understood and agreed that any all liens against the land lying within the proposed permanent and working easements herein described, must be either re- leased or subordinated to such easements before passage of any consideration, such lien holders, their character of lien,; amount of indebtedness, dates and where recorded, are set out as follows: Prudential Insurance Company of America, Houston, Texas. And, all of the tenants in possession of the land lying within such permanent and working easements are listed as follows: Owner in possession. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That we (I), on this 23rd day of February, 1954, do hereby propose and offer to convey to the CITY OF LUBBOCK such permanent and working- easements as herein provided and upon the terms and conditions as herein expressed for and in consideration of payment to us (myself) of the sum of $760.00 Dollars which amount includes any all damages of every kind and nature except damages to growing crops. Yours truly, /s/ C. V. Lanham /s/ Zora Lanham BE IT RESOLVED BY THE CITY C006ISSION OF THE CITY OF LUBBOCK: That the foregoing proposal BE, and the same is hereby accepted this, the llth day of March, 1954. ATTEST: /s/ Lavenia Lowe, Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned, a Notary Public in and for personally appeared Murrell R. Tripp, known to me to be the to the foregoing instrument and acknowledged to me that he purposes and consideration therein expressed. GIVEN UNDER NY HAND AND SEAL OF OFFICE, This llth day THE STATE OF TEXAS 0 COUNTY OF LUBBOCK 0 - i� _0 " _. _ i ... ... . OR • iITI said County, Texas, on this day person whose name is subscribed executed the same for the of March, A. D.,1954. fsl Maxine McCandless Notary Public, Lubbock County, Texas. BEFORE ME, the undersigned, a Notary Public in and for said County, Texas, on this day personally appeared C. V. Lanham and wife Zora Lanham, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said Zora Lanham wife of the said C. V. Lanham, having been examined by me privily and apart from her husband, and have the same fully explained to her , she, the said Zora Lanham] acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 23rd day of February, A. D., 1954. /s/ J. A. NA3Mard Notary Public, Lubbock County, Texas. After consideration of Mr. Lanham's proposal, motion was made by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize acceptance of the proposal as set out above. The permanent and working easement to contain 1.90 acres for which payment is hereby authorized in the amount of $760.0O to be made from Water Bond Funds. 54-1The following proposal was received from Charlie A. Bird to grant to the City a permanent and working easement across property in the south 1/2 of Section 14, Block A. for construc- tion and maintenance of a water supply line to the west Lubbock County well field: ryry V' WEST LUBBOCK COUNTY WATER SUPPLY LINE P R 0 P 0 S A L TO: City Commission Lubbock, Texas WHEREAS, Charlie A. Bird and wife Vinnie Bird are (is) the sole owner(s) of all the property lying and being situated in Lubbock County, Texas, being further described as follows, to -wit: A part of North J of Section 14.. Block A; and WHEREAS, the CITY OF LUBBOCK is desirous of obtaining a permanent and perpetual ease- ment for the purpose of constructing, reconstructing and perpetually maintaining large water lines together with appurtenances including valves in, on, under upon and across a portion of the above described property being further described as follows, to -wit: A lot, tract or parcel of land lying and being situated in Lubbock County, Texas, and being 0.126 acres of land, more or less, out of the north of Section 142 Block A, Lubbock County, Texas, described as follows: Starting at the northwest corner of Section 14, Block A; Thence east along the north line of Section 14, Block A, a distance of 2843.64 ft. to a point; Thence south, a distance of 2533.54 ft. to a point, said point being in the north R.O.W. line of Panhandle & Santa Fe Railway Co. (Clovis Branch), and said point being the point of beginning of this tract; Thence in a southeasterly direction along the north R.O.W. line of said Railway Co, a distance of 192 ft., more or less to a point, said point being at the intersection of the north R.O.W. line of said Railway Co. and the East-West z Section line of Section 14.. Block A; Thence east along the East-West J Section line of Section 14.9 Block A. a distance of 45,88 ft. to a point; Thence in a northwesterly direction, 25 ft. from and parallel to the north R.O.W.line of said railway R.O.W., a distance of 248 ft., more or less, to a point; Thence south, a distance of 29.81 ft. to'the point of beginning. Containing 0.12 acres more or less for 25 ft. utility easement. and; WHEREAS, the CITY OF LUBBOCK is further desirous of obtaining a working easement for use during construction and reconstruction of water lines in the permanent and perpetual ease- ment which will require an additional twenty-five (25') feet on the North side of that perpetual easement hereinabove described, it being fully understood and agreed that such working easement will be used only during periods of construction and reconstruction of water lines in the permanent easement, and; WHEREAS, it is understood and agreed that the CITY OF LUBBOCK shall, after construction, reconstruction, maintenance, or repair of such water lines, restore such premises to sub- stantially the same condition as the same were in prior to such construction, reconstruction, maintenance or repair, and it being further understood and agreed that any and all structures or facilities presently existing as of the date of the execution of this proposal in either the permanent or working easement herein proposed to be conveyed, shall be permitted to re- main as the same now exists, but that no new structures or facilities which are not now presently existing shall be constructed upon the permanent and perpetual easement herein proposed to be conveyed to the CITY OF LUBBOCK, and; WHEREAS, it is understood and agreed that the CITY OF LUBBOCK shall have full use and enjoyment of the perpetual easement herein proposed to be conveyed d further the CITY OF LUBBOCK shall have the right to enter upon the same at any and/iy nes and seasons for any purposes whatsoever, provided, however, that any damages which may be sustained to growning crops at the time of entry on either the permanent or working easements herein described, the CITY OF LUBBOCK will compensate the person(s) shown entitled thereto at the time such growing crops are injured or,destroyed, the reasonable cash market value of such crops as of theldate of such injury or damage, and; WHEREAS, it is further understood and agreed that this proposal is submitted subject to the due acceptance by the governing body of the CITY OF LUBBOCK and that if and when such proposal is accepted we (I) will deliver to the CITY OF LUBBOCK, a complete Abstract of Title showing merchantable title in us (myself) on all that property included within th permanent easement as hereinabove described; and further, that such abstract as present to the CITY OF LUBBOCK, shall be for the purpose of examination only with the right of CITY OF LUBBOCK to have such abstract supplemented and brought down to date at its own and expense, the base abstract being returned to us (me) and the supplement which shall paid for by the CITY OF LUBBOCK, to remain the }property of the CITY OF LUBBOCK; and, WHEREAS, it is further understood and agreed that upon acceptance of this proposal the CITY OF LUBBOCK, we (I) dp grant to the CITY OF LUBBOCK, its authorized agents, leg representatives, contractors and assigns, the right to enter upon the permanent and wor easements herein described for any and all purposes contemplated by this proposal, sucl right of entry to be granted pending final determination of merchantable title in us (Ir and for correction of any curative matter which may appear in the abstract to be examin in order to not unduly delay the commencement of construction of such water line; and; WHEREAS, it is further understood and agreed that any and all liens against lying within the proposed permanent and w rking easements herein described, must released or subordinated to such easements before passage of any consideration, the la be eit such li V. C, 54-12--395-75n33 r U� Molders, their character of lien, amount of indebtedness, dates and where recorded, are set out as follows: No liens. And., all of the tenants in possession of the land lying within such permanent and working easements are listed as follows: Owner in possession. NOW, THEkEF' ORE, KNOW ALL NHN BY THESE PRESENTS: That -we (I) on this 23rd day of February, 1954, do hereby propose and offer.to convey to the CITY OF LUBBOCK such perman- ent and working easements as herein provided and upon the terms and conditions as herein expressed, for and in consideration of payment to us (myself) of the sum of 725.00 Dollars which amount includes any and all damages of every kind and natures Yours truly, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: That the foregoing proposal BE, and the same is hereby accepted this, the llth day of March, 1954. ZRI Murrell.-Tripg Mayor ok:WBH ATTEST: fsj Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUB OCK BEFORE PJE, the undersigned, a Notary Public in and for said 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 for the ;purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This llth day of March, A. D., 1954. McQaKjdlQss Notary Public, Lubbock County, Texas. THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned, a Notary Public in and for said County, Texas, on this day personally appeared Charlie A. Bird and Vinnie Bird, his wife, both known to me to be the persons whose names are Subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said Vinnie Bird, wife of the said Charlie A. Bird, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Vinnie Bird, acknowledged such instrument to be her act and deed, and she declared that she had willingl;l signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 23rd day of February, A. D., 1954. js j J. A. M=ar Notary Public, Lubbock County, Texas. After consideration of the above proposal, motion was made by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize acceptance of the proposal as set out above. The easement to contain 0.126 acres for which payment is hereby authorized made in the amount of $30.002 payment is also authorized made in the amount of $695.00 for trees and shrubs. All said amounts hereby authorized to be paid from Water Bond Funds. The following proposal was received from Lee Cargile to grant to the City a permanent and working easement across property in Section lb, Block D-5, for construction of and maintaining a water supply line to the west Lubbock County water well field: WEST LUBBOCK COUNTY WATER SUPPLY LINE P R 0 P 0 S A L TO: City Commission Lubbock, Texas WHEREAS, Lee Cargile and wife Laura B. Cargile are (is) the sole owner(s) of all that property lying and being situated in Lubbock County, Texas, being further described as follows, to -wit: A part of Section lb, Block D-5. and; WHEREAS., the CITY OF LUBBOCK is desirous of obtaining a permanent and perpetual easement for the purpose of constructing, reconstructing and perpetually maintaining large water lines together with appurtenances including valves in, on, under, upon and across a portion of the above described property being further described as follows, to -wit: Beginning at the point of intersection of the North R. 0. W. line of Panhandle & Santa Fe Railway Co. (Clovis Branch) with the west line of Section 16, Block D-5, Lubbock County, Trxas; Thence north along said west line of Section 162 Bloclyb-5, 35.731 to a point, said point being 25 ft. from and perpendicular to said R.O.W. line of Panhandle & Santa Fe Railway Co.; Thence in a southeasterly direction, 251 from and parallel to said Railway R.O.W., a distance of 3344 ft. more or less to a point in the south line of said Section 160 Block D-5; Thence west along said south line of Section 16, Block D-51 a distance of 34.99 ft. to a point on the North R.O.W. line of Panhandle and SantaJe Railway Co.; Thence in a northwesterly direction along the North R.O.W. line of said Railway Co., 3294 ft, more or less to the point of beginning. Containing 1.90 acres more or less for 25 ft. utility easement. and; WHEREAS, the CITY OF LUBBOCK is further desirous of obtaining a working easement for use during the construction and reconstruction of water lines in the permanent and per- petual easement which will require an additional twenty-five (25') feet on the North side of that perpetual easement hereinabove described, it being fully understood and agreed that such working easement will be used only during periods of construction and reconstruc- tion of water lines in the permanent easement, and; WHEREAS, it is understood and agreed that the CITY OF LUBBOCK shall, after construction, reconstruction, maintenance, or repair of such water lines, restore such premises to sub- stantially the same condition as the same were in prior to such construction, reconstruction, maintenance or repair, and it being further understood and agreed that any and all structures or facilities presently existing as of the date of the execution of this proposal in either the,permanent or working easement herein proposed to be conveyed, shall be permitted to remain as the same now exists, but that no new structures or facilities which are not now presently existinghall be constructed upon the permanent and perpetual easement herein proposed to be conveyed to the CITY OF LUBBOCK, and; WHEREAS, it is understood and agreed that the CITY OF LUBBOCK shall have full use and enjoyment of the perpetual easement herein proposed to be conveyed, and further the CITY OF LUBBOCK shall have the right to enter upon the same at any and all times and seasons for any purposes whatsoever, provided, however, that any damages which may be sustained to growing crops at the time of entry on either the permanent or working easements herein described, the CITY OF LUBBOCK will compensate the person(s) shown entitled thereto at the time such growing crops are injured or destroyed, the reasonable cash market value of such crops as of the date of such injury or damage, and; WHEREAS, it is further understood and agreed that this proposal is submitted subject to the due acceptance by the governing body of the CITY OF LUBBOCK and that if and when such proposal is accepted we (I) will deliver to the CITY OF LUBBOCK., a complete Abstract of Title showing merchantable title in us (myself) on all that property included within the permanent easement as hereinabove described; and further, that such abstract as pre- sented to the CITY OF LUBBOCK., shall be for the purpose of examination only with the right of the CITY OF LUBBOCK to have such abstract supplemented and brought down to date at its own cost and expense, the base abstract being returned to us (me) and the supplement which shall be paid for by the CITY OF LUBBOCK, to remain the property of the CITY OF LUBBOCK; and, WHEREAS, it is further understood and agreed that upon acceptance of this proposal by the CITY OF LUBBOCK, we (I) do grant to the CITY OF LUBBOCK, its authorized agents, legal representatives, contractors and assigns, the right to enter upon the permanent and working easements herein described for any and all purposes contemplated by this proposal, such right of entry to be granted pending final determination of merchantable title in us (me) and for correction of any curative matter which may appear in the abstract to be examined, in order to not unduly delay the commencement of construction of such water line, and; WHEREAS, it is further understood and agreed that any and all liens against the land lying within the proposed permanent and working easements herein described, must be either released or subordinated to such easements before passage of any consideration, such lien holders, their character of lien, amount of indebtedness, dates and where recorded, are set out as follows: Connecticut Mutual Life Insurance Company, Hartford, Connecticut. And, all of the tenants in possession of the land lying within such permanent and work- ing easements are listed as follows: Owner in possession. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That we (I), on this 22nd day of February, 1954, do hereby propose and offer to convey to the CITY OF LUBBOCK such permanent and working easements as herein provided and upon the terms and conditions as herein ex- pressed for and in consideration of payment to us (myself) of the sum of $760.00 Dollars which amount includes any and all damages of every kind and nature except damages to growing crops. Yours truly, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: That the foregoing Proposal BE, and the same is hereby accepted this, the llth day of March, 1954, Zs/ uurr_Q.1�_ Mayor ok:WBH ATTEST: Isf T aven ia Lowe Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned, a Notary Public in and for said County, Texas, on this day personally appeared Murrell R. Tripp, known to me to be the persons whose name are subscribed to the foregoing instrument, and acknowledged to me thatthey executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This llth day cf March, A. D. 1954, f s f Maxine McCandless Notary Public, Lubbock County, Texas THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned, a Notary Public in and for said County, Texas, on this day personally appeared Lee Cargile and wife Laura B. Cargile, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said Laura B. Cargile, wife of the said Lee Cargile, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Laura B. Cargile, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL. OF OFFICE, this 22nd day of Febraury, 1954. (s/ J. A. Maynard Notary Public, Lubbock County, Texas After consideration of the above proposal, motion was made by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize acceptance of the proposal as set out above. The permanent and working easement to contain 1.90 acres, payment being hereby authorized to be made in the amounVof $760.00 from Water Bond Funds. 54-12-397-754 The following proposal was received from D. L. Watkins to grant to the City a permanent and working easement across property in Section 22, Block JS, Lubbock County, for the purpose of constructing and maintaining a water supply line to the west Lubbock County water well field: G� WEST LUBBOCK COUNTY WATER SUPPLY LINE PROPOSAL + TO: City Commission Lubbock, Texas WHEREAS, D. L. Watkins and wife Geggie C. Watkins are (is) the sole owner(s) of all that property lying and being situated in Lubbock County, Texas, being further described as follows, to -wit : A part of south half of Section 22, Block JS, Lubbock County, Texas _ and; WHEREAS, the CITY OF LUBBOCK is desirous of obtaining a permanent and perpetual easement for the purpose of constructing, reconstructing and perpetually maintaining large water lines together with appurtenances including valves in, on, under, upon and across a portion of the above described property being further described as follows, to -wit. A lot, tract or parcel of land lying and being situated in Lubbock County, Texas, and being 0.4023 acres of land, more or less, out of the south one-half of Section 22, Block JS, Lubbock County, Texas, described as follows: Starting at the point of intersection of the north R.O.W. line,6f Panhandle and Santa Fe Railway Co. (Clovis Branch) with the west line of Section 22, Block JS, Lubbock County, Texas; Thence in a southeasterly direction along the north R. 0. W. line of Panhandle & Santa Fe Railway Cc., a distance of 2667 ft., more or less, to the point of beginning of this tract, said point being in the north Railway R.O.W. line where said R.O.W. line narrows from 75 ft. to 50 ft. on the north side of the railroad tract ; Thence in a southwesterly direction along with Railway R.O.W. where said R.O.W. narrows, a distance of 25 ft. to a point; Thence in a southeasterly direction along with said Railway R.O.W., a distance of 701 ft., more or less, to a point, said point being in the Railway R.O.W. where said R.O.W. widens from 50 ft. to 100 ft. on the north side of rail- road track; Thence in a northeasterly direction along with the Railway R.O.W. line where said R.O.W. line widens from 50 ft. to 100 ft. on the north side of railroad tracks, a distance of 25 ft. to a point; Thence in a northwesterly direction, 25 ft. from and parallel to the north Railway R.O.W. line, a distance of 701 ft., more or less, to the point of beginn- ing. Containing 0.4 acres, more or less, and; WHEREAS, the CITY OF LUBBOCK is further desirous of obtaining a working easement for use during construction and reconstruction of water lines in the permanent and perpetual easement which will require 4n additional twenty-five (251) feet on the North side of that perpetual easement hereinabove described, and an additional 25 foot working easement is desired adjacent and parallel to the north R.O.W. line of the Panhandle and Santa Fe Railway Co. (Clovis Branch) from the herein above described working easement extending northwesterly to the east -west 2 section line of Section 22, Block JS, Lubbock County, Texas, it being fully understood and agreed that such working easements will be used only during periods of construction and reconstruction of water lines in the permanent easement, and; WHEREAS., it is understood and agreed that the CITY OF LUBBOCK shall, after construc- tion, reconstruction, maintenance, or repair of such water lines, restore such premises to substantially the same condition as the same were in prior to such construction, re- construction, maintenance or repair, and it being further understood and agreed that any and all structures of facilities presently existing as of the date of the execution of this proposal in either the permanent or working easement herein proposed to be conveyed, shall be permitted to remain as the same now exists, but that no new structures or facilities which are not now presently existing shall be constructed upon the permanent and perpetual easement herein proposed to be conveyed to the CITY OF LUBBOCK,, and; WHEREAS., it is understood and agreed that the CITY OF LUBBOCK shall have full use and enjoyment of the perpetual easement herein proposed to be conveyed, and further the CITY OF LUBBOCK shall have the right to enter upon the same at any and all times and seasons for any purposes whatsoever, provided, however, that any damages which may be sustained to growing crops at the time of entry on either the permanent or working ease- ments herein described, the CITY OF LUBBOCK will compensate the person(s) shown entitled thereto at the time such growing crops are injured or destroyed, the reasonable cash market value of such crops as of the date of such injury or damage, and; WHEREAS, it is further understood and agreed that this proposal is submitted subject to the due acceptance by the governing body of the CITY OF LUBBOCK and that if and when such proposal is accepted we (I) will deliver to the CITY OF LUBBOCK, a complete Abstract o4 Title showing merchantable title in us (myself) on all that property included within the permanent easement as hereinabove described; and further, that such abstract as presented to the CITY OF LUBBOCK,, shall be for the purpose of examination only with the right of the CITY OF LUBBOCK to have such abstract supplemented and brought down to date at its own cost and expense, the base abstract being returned to us (me) and the supplement which shall be paid for by the CITY OF LUBBOCK, to remain the property of the CITY CF LUBBOCK; and., WHEREAS, it .is further understood and agreed that upon acceptance of this proposal by the CITY OF LUBBOCK., we (I} do grant to the CITY OF LUBBOCK, its authorized agents, legal representatives, contractors and assigns, the right to enter upon the permanent and working easements herein described for any and all purposes contemplated by this proposal, such right of entry to be granted pending final determination of merchantable title in us (me) and for correction of any curative matter which may appear in the -abstract to be examined, in order to not unduly delay the commencement of construction of such water line, and; WHEREAS, it is further understood and agreed that any and all liens against the land lying within the proposed permanent and working easements herein described, must be either released or subordinated to such easements before passage of any consideration, such lien holders, their character of lien, amount of indebtedness, dates and where recorded, are set out as follows: No Lien. And, all of the tenants in possession of the land lying within such permanent and working easements are listed as follows: None. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That we (I), on the 2nd day of March, 1954, do hereby propose and offer to convey to the CITY OF LUBBOCK such permanent and working easements as herein provided and upon the terms and conditions as herein expressed for and in consideration of payment to us (myself) of the sum of $160.00 Dollars which amount includes any and all damages of every kind and nature except damages to grow- ing crops. Yours truly, /sl D. L. Watkins /s/�Geggie C. Watkins BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: That the foregoing proposal BE, and -the same is hereby accepted this, the llth day of March, 1954. /s/ Murrell R• Trip NAYCR ok:WBH ATTEST:. ' Ls/ a enia Lowe .Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned, a Notary Public in and for said County, Texas, on this day personally appeared Murrell R. Tripp, known to me to be the person whose name is subscrib- ed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND.AND.SEAL OF OFFICE, This llth day of March, A. D., 1954. /s/ Maxine McCandless Notary Public, Lubbock County, Texas 54-12-399-.755 4�,� 3�yy I� THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned, a Notary Public in and for said County, Texas, on this day personally appeared D. L. Watkins and Geggie C. Watkins his wife, both known to me to ')e the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the samV for the purposes and consideration therein express- ed, and the said Geggie C. Watkins, wife of the said D. L. Watkins, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Geggie C. Watkins, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER 1_Y HAND AND SEAL OF OFFICE, this 2nd day of March, A. D., 1954. /-q/ J . A. Mayaxd Notary Public, Lubbock County, Texas After consideration of the proposal, motion was made by Commissioner Thomas, seconded by Commissioner Davis , motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize acceptance of the proposal as set out above. The easement to contain 0. 4 acres, payment_ hereby authorized to be made in the amount of $160.00 from Water Bond Funds. The following proposal was received from Don D. King, of King Nurseries, for right-of-way easement, including costs and damages across a part of the northwest 1/4 of Section 14, Block A, and a part of the northeast 1/4 of Section 11, Block JS, all in Lubbock County: WEST LUBBOCK COUNTY WATER SUPPLY LINE P R O P O S A L To: The City Commission Lubbock, Texas WHEREAS, DON KING and wife, OLETA KING, have a leasehold interest from the Panhandle & Santa Fe Railway Company (Clovis Branch) on all that property lying and being situated in Lubbock County, Texas, and being further described as follows, to -wit: A part of the Northwest One -Fourth (NW 1/4) of Section Fourteen (14), Block A, and part of the Northeast One -Fourth (NE 1/4) of Section Eleven (11), Block JS: BEGINNING at the intersection of the North right-of-way line of the Panhandle & Santa Fe Railway Company (Clovis Branch) with the West line of Section Fourteen (14), Block A, Lubbock County, Texas; THENCE in a southeasterly direction along the North right-of-way line of said Railway Company a distance of 175 feet, more or less, to a point; THENCE in a southwesterly direction with the Railway right-of-way a distance of fifty (50) feet to a point; THENCE in a northwesterly direction fifty (50) feet from and parallel to center- line railroad tracks, a distance of 142.5 feet, more or less, to a point in the West.line of Section Fourteen (14), Block A; THENCE continuing in a northwesterly direction, fifty (50) feet from and parallel to centerline of railroad tracks, a distance of 619 feet, more or less, to a point in the centerline of a paved county road running North and South; THENCE North along the centerline of said paved county road a distance of 59.62 feet to a point in the North right-of-way line of Panhandle & Santa Fe Railway Company; THENCE in a southeasterly direction along the North right-of-way line of said Railway Company a distance of 619 feet, more or less, to a point in the West line of Section Fourteen (14), Block A, said point being the POINT OF BEGLQNING; Containing.89 acres, more or less; and, WHEREAS, the said DON KING and wife, OLETA KING, are the sole owners of all that pro- perty lying and being situated in Lubbock County, Texas, upon which the CITY OF LUBBOCK is desirous of obtaining a permanent and perpetual easement for the purpose of constructing, reconstructing and perpetually maintaining large waterlines together with underground appurtenances including valves in, on, under, upon and across such property described as follows, to -wit: A part of the Northwest One -Fourth (NW 1/4) of Section Fourteen (14), Block A, Lubbock County, Texas; STARTING at the intersection of the North right-of-way line Santa Fe Railway Company (Clovis Branch) with the West line (14), Block A, Lubbock County, Texas; of Panhandle & of Section Fourteen THENCE in a southeasterly direction along the North right-of-way line c Railway Company a distance of 175 feet, more or less, to a point; THENCE in a southwesterly direction along the Railway right-of-way line where the right-of-way narrows from 100 feet to fifty (50) feet on the North side of tracks, a distance of fifty (50) feet to a point, said point being the POINT OF BEGINNING, THENCE in a southeasterly direction along the North line of said Railway right- of-way, a distance of 175 feet, more or less, to a point; THENCE North a distance of 29.81 feet to a point, said point being twenty- five (25)•feet from and perpendicular to North Railway Right-of-way line; THENCE, in a northwesterly direction twenty-five (25) feet from and parallel to Railway right-of-way a distance of 159 feet, more or less, to a point, said point being in the Railway right-of-way line running northeasterly and southwesterly; THENCE in a southwesterly direction along the Railway right-of-way line a distance of twenty-five (25) feet to the POINT OF BEGINNING, A twenty-five (25)-foot utility easement, containing IJ95 acres, more or less; and, WHEREAS, the CITY OF LUBBOCK is further desirous of obtaining a working easement for use during construction and reconstruction of water lines in the proposed permanent and perpetual easement which will require additional property, it being fully understood and agreed that such working easement will be used only during periods of construction and reconstruction of water lines in the permanent easement, all that property owned by DON KING and wife desired for such working easement being described as follows: A part of the Northwest One -Fourth (NW 1/4) of Section Fourteen (14), Block A.; STARTING at the intersection of the North right-of-w4y line of Panhandle & Santa Fe Railway Company (Clovis Branch) with the West line of Section Fourteen (14), Block A, Lubbock County, Texas; THENCE in a southeasterly direction along the North right-of-way line of said Railway Company a distance of 175 feet, more or less, to a point, said point being where the Railway right-of-way narrows from 100 feet to fifty (50) feet on the North side of Railway tracks, and said point being the POI14T OF BEGINNING: THENCE in a southwesterly direction along said Railway right-of-way a distance of twenty-five (25) feet to a point, said point being seventy-five (75) feet from and perpendicular to centerline of Railway tracks; THENCE in a southeasterly direction seventy-five (75) feet from and parallel to centerline of Railway tracks a distance of 159 feet, more or less, to a point; THENCE North a distance of 29.81 feet to a point, said point being 100 feet from and perpendicular to Railway tracks; THENCE in a northwesterly direction 100 feet from and parallel to centerline Railway tracks, a distance of 142 feet, more or less, to the POINT OF BEGINNING, A twenty-five (25}foot working easement containing .086 acres, more or less; and, WHEREAS., the said DON KING and wife have nursery stock upon all three of the tracts as hereinabove described and such nursery stock must be moved before the CITY OF LUBBOCK can across the leased property and the permanent and working easements herein described, and an appropriate place, satisfactory to all parties having been found as a place on which to transplant such nursery stock, such property belonging to C. V. LANHAM and wife, ZORA LANHAM, such property lying and being situated in Lubbock County, Texas, and being further described as follows, to -wit: BEGINNING 286.1 feet East and twenty (20) feet South of the Northwest corner of Section Fourteen (14), Block A, Lubbock County, Texas; THENCE East parallel to and twenty (20) feet South of the North line of said Section Fourteen (14), Block A, a distance of 1320 feet, more or less, to a point, said point being in a turn road; THENCE South fifty (50) feet to a point; THENCE West parallel to and seventy (70) feet South of the North line of said Section Fourteen (14), Block A, a distance of 1320 feet, more or less, to a point 286.1 feet East of the West line of said Section Fourteen (14), Block A; THENCE North fifty (50) feet to the PLACE OF BEGINNING, Containing 1.51 acres of land, more or less; and, WHEREAS, the said C. V. LANHAM and wife, ZORA LANHAM, propose to lease to the CITY OF LUBBOCK for the benefit of DON KING and wife, the property last hereinabove described for the purpose of placing such nursery stock to be removed from the proposed West Lubbock County Water Supply Line, the said C. V. LANNHAM and wife, ZORA LANHAM, do hereby propose to lease such property to the CITY OF LUBBOCK for the purposes stated for a four (4)-year period at $150 per acre rental, being a rental of $226,50 per year, the first year's rental to be paid upon execution of the lease h reby proposed and the remaining three years' rentals to be paid on January 1, 1955, January 1, 1956, and January 1, 1957; and WHEREAS, such nursery stock is to be moved by DON KING and the responsibility and damages and liability thereby incurred and losses resulting therefrom in such removal and transplanting are to be borne by said DON KING and the necessary cost of expense involved in such removal should be borne by the CITY OF LUBBOCK.. it being understood and agreed that any and all losses of every kind or nature shall never be the responsibility of the CITY OF LUBBOCK and, further, that all nursery stock on either thelroperty leased by DON KING and wife from the Railway right-of-way or upon the permanent and working easements shall be removed forthwith upon payment to the said DON KING; that if such nursery stock is not moved at the time which the CITY OF LUBBOCK, its successors, contractors and legal represents nf,s desire to enter such property for the construction of the proposed West Lubooc ya er upply Line, any losses which might occur by such entry shall be and remain the sole responsibility of the said DON KING and wife, and the said DON KING and wife propose to effectuate and complete such removal and transplanting of nursery stock upon the terms and conditions herein expressed, for the sum of $6492.10 Dollars, which amount is to be paid upon acceptance of this proposal by the City Commission of the CITY OF LUBBOCK; and, WHEREAS, it is understood and agreed that the said DON KING an4/wife will have the right to grow crops and nursery stock upon the Railway leasehold property and permanent and working easements as herein described after completion of the original construction contemplated, which date shall not be later than January 1, 1955, and further, the CITY OF LUBBOCK shall, after construction, reconstruction, maintenance or repair of its water lines, restore such premises to substantially the same condition as the same were in prior to such construction, reconstruction, maintenance or repair; and the CITY OF LUBBOCK shall have full use and enjoyment of the permanent easement hereinabove described proposed to be conveyed, and have the right to enter upon the same at any and all times and seasons for any purposes whatsoever; provided, however, no vehicular traffic shall ever be allowed on such premises except during periods of construction, reconstruction and repair of such water lines, and any damages which may be sustained to growing crops or nursery stock at the time of entry on the Railway leasehold property and the permanent and working easements hereinabove described, the CITY OF LUBBOCK wil compensate -the persons, shown entitled there- to at the time such growing crops or nursery stock are injured or destroyed, the reasonable cash market value of such crops or nursery stock as of the date of such injury or damage, or make arrangements acceptable to both the CITY OF LUBBOCK and DON KING for the removal of such nursery stock; and, . WHEREAS, it is further understood and agreed that this proposal is submitted subject to the due acceptance by the governing body of the CITY OF LUBBOCK not later than March 11, 1954, and that if and when such proposal is accepted we will deliver to the CITY OF LUBBOCK a complete Abstract of Title showing good and valid title in us on all that property included within the permanent easement as hereinabove described; and further, that such abstract as presented to the CITY OF LUBBOCK shall be for the purpose of examination only, with the right of the CITY OF LUBBOCK to have such abstract supplemented and broughtdown to date at its own cost and expense, the base abstract being returned to us, and the supplement, which shall be paid for by the CITY OF LUBBOCK, to remain the property of the CITY OF LUBBOCK; and, WHEREAS, it is further understood and agreed that upon acceptance of this proposal by the CITY OF LUBBOCK, we do grant to the CITY OF LUBBOCK, its authorized agents, legal representatives, contractors and assigns, the right to enter upon the permanent and working easements and property leased from the Railway right-of-way herein described for any and all purposes contemplated by this proposal, such Right of entry to be granted pending final determination of good and valid title in us and for correction of any curative matter which may appear in the abstract to be examined, in order to not unduly delay the commencement of construction of such water line; and, WHEREAS, it is further understood and agreed that any and all liens against the land lying within. the proposed permanent and working easements herein described, must be either released or subordinated to such easements before passage of any consideration, such lien holders, their character of lien, amount of indebtedness, dates and where recorded, are set out as follows: NONE. NOW, THEREFORE, KNOW ALL MEN BY THiSE PRESENTS: That we, DON KING and wife, OLETA KING, on this llth day of March, 1954, do hereby propose and offer to convey to the CITY OF LUBBOCK such permanent and working easements as herein provided and upon the terms and conditions as herein expressed for and in consideration of payment to us of the sum of $38.00 Dollars, which amount includes any and all damages of every kind and nature except as herein otherwise provided. Yours truly, DON KING lsl Oleta King OLETA KING lsL C. V. Lanham C. V. LANHAM /s/ Zora Lanham ZORA LANHAM BE IT RESOLVED BY THE CITY COMMISSION CF THE CITY OF LUBBOCK: That the foregoing Proposal BE, and the same is hereby accepted, this the llth day of March, 1954. lsl Murrell R. Trigp ATTEST: MURRELL R. TRIPP, Mayor ok:WBH lsl Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned, a Notary Public in and for said County, Texas, on this day personally appeared MURRELL R. TRIPP, known to me to be the person whose name is sub- scribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as.MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER P.kY HAND AND SEAL OF OFFICE, This llth day of March, A. D., 1954. (SEAL) THE STATE OF TEXAS COUNTY OF LUBBOCK /s/ Maxine MoCandalesAL„ Notary Public, Lubbock County, Texas BEFORE ME, the undersigned, a Notary Public in and for said County, Texas, on this day peraonally appeared DON KING 4nd OLETA KING, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged tome that they each executed the same for the purposes and consideration therein expressed, and the said OLETA KINC, wife of the said DON KING, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said OLETA KING, acknow- ledged such instrument to be her act and deed,, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER I,,.LY HAND SEAL OF OFFICE,' This llth day of March, A. D., 1954. / J. A. Maynard Notary Public, Lubbock Countyo (SEAL) Texas. ` THE STATE OF TEXAS (l COUNTY OF LUBBOCK (1 BEFORE PIE, the undersigned, a Notary Public in and for said County, Texas, on this day personally appeared C. V. LANHAM and ZORA LANHAM, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said ZORA LANHAM, wife of the said C. V. LANHAM, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said ZORA LANHAM, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration there in expressed, and that she did not wish to retract it. GIVEN UNDER T,Y HAND AND SEAL OF OFFICE, This llth day of March, A. D., 1954. /s/ J A Maynard Notary Public, Lubbock County, (SEAL) Texas. After consideration of the above proposal wherein Mr. King agrees to sell the City right- of-way easement including costs and damages to the West Lubbock County watervell field, motion was made by Commissioner Carpentex, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize acceptance of the proposal as set out above. Total consideration being $7436.10, payment hereby authorized to be made from Water Bond Funds. It is hereby noted, as set out in the above proposal, that the City is to pay a rental of $226.50 per year for the years 1954, 1955, 1956 and 1957. 54-12_402-756 The following proposal was received from J. L. Hooper to convey to the City 7523.11 sq. fto of property, being the remaining portions of Lots 22, 24, 252 26 and 27, Easley Subdivision of Block 31, Roberts and F.cWhorter Addition to the City of Lubbock for a consideration of $12,000.00, said right-of-way being needed by the City for Avenue Q Northeasto The proposal follows: To the City Commission Lubbock, Texas Parch 9, 1954 The undersigned are the sole owners of the following described tracts of land, to -wit: Tract #1 Being a part of Lots 24, 25, 26 and 27, Easley Subdivision of Block 31, Roberts and McWhorter Addition to the City of Lubbock, Lubbock County, Texas, more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of said Lot 24; THENCE north along the west line of Lots 24, 25, 26, and 27, a distance of 140 feet to a point; THENCE east along the center line of said Lot 27, a distance of 59.32 feet to a point, said point being the northwest corner of a tract of land con- veyed to the City of Lubbock by V. E. Davis on July 24, 1946, by Deed recorded � z /'"J 54-12-403-757 in Volume 325, page 361, Deed Records of Lubbock County, Texas; THENCE in a southwesterly direction, a distance of 141.4 feet to a point in the south line of said Lot 24, said point being 91.28 feet west of the southeast corner of said Lot 24; THENCE westAlong the south line of said Lot 24, a distance of 38.72 feet to the POINT OF BEGINNING. Tract #2 Being'a part of Lot 22, Easley Subdivision of Block 31, Roberts and McWhorter Addition to the City of Lubbock, Lubbock'County, Texas, more particulary described by metes and bounds as follows: BEGINNING at the northwest corner of said Lot 22; THENCE east 32,83 feet to a point, said point being the most northerly north- west corner of a tract of land conveyed to the City of Lubbock , by J. H. Barker on January 15, 1947, recorded in_Volume 329, page 497, Deed Records of Lubbock County, Texas; THENCE in a southwesterly direction, a distance of 20.21 feet to a point, said .point being 20 feet south and 29.79 feet east of the northwest corner of said Lot 22; THENCE west along the center line of said Lot 22, a distance of 29.79 feet to a point, said point being 20 feet south of the northwest corner of said Lot 22; THENCE north along the west line of said Lot 22, a distance of 20 feet to the POINT OF BEGINNING. We propose and offer to convey by warranty deed to the City of Lubbock all of the above described tract of land. We agree to deliver to City a complete abstract showing record merchantable title in the undersigned and to duly execute and deliver to the City general warranty deed upon acceptance of title by the City, and payment or tender of payment to us by the City, the sum of $12,000.00, which sum represents and includes the consideration for the above described land, all costs and expenses for removal of fences and other improvements therefrom, and all damages of every kind and nature to the remainder of land owned by the undersigned, that may result by reason of the opening and constructing a multi -lane highway by the Texas State Highway Department upon, over and across the above described property in accordance with the plans and specifications established and adopted by the Texas State Highway Department. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly, Is1 �.L, Hooper J. L. HOOPER After consideration of Mr. Hooper's proposal, motion was made by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Maydr Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize an appraisal to be made of this property before action is taken on the said proposal. The following proposal was received from S. E. McMillan to convey to the City 1.949 acres of land out of Block 63 and Block 82, Roberts & McWhorter Addition to the City of Lubbocki said right-of-way needed by the City for Avenue Q Northeast. March 10, 1954 To the City Commission Lubbock, Texas The undersigned are the sole owners of the following described tracts of land, to -wit: Tract 1 `A tract of land out of Block 63 of the Roberts & McWhorter Addition to the City of Lubbock, and being described as follows: Beginning at a point in the west line of said Block 63, 200.3 feet North from the Southwest corner of Block 63; Thence North, a distance of 275.4 feet along the West line of said Block 63; Thence N. 80 21' E., a distance of 92.5 feet along a line 100 fe-it Northwesterly from and parallel to the center line of a proposed highway; THENCE North, a distance of 32.7 feet; Thence East a distance of 10.0 feet; Thence South, a distance of 240.0 feet along a line 23.6 feet from and parallel to the west line of said Block 63; Z. Thence S. 80 21' W., a distance of 161.4 feet along a line 60 feet North- westerly from -,and parallel to said highway center line to the point of beginning; Containing 0.149 acre, more or less. 1. Tract 2 Being a part of Block 82, Roberts & McWhorter Addition to the City of Lubbock, Lubbock County, Texas, more particularly described as follows: Beginning at a point on the north line of 3rd Street in Block 82, of Roberts & McWhorter Addition to the City of Lubbock, 297.0 feet west and 30 feet north of the southeast corner of said Block 82, said point being 245.7 feet east of the east R.O.W. line of the Panhandle & Santa Fe Railway; Thence west along the north line of 3rd Street, a distance of 10.0 feet to a point; 38" Thence N. 80 551/W., a distance of 354.3 feet to a point, said point being 380.0 feet north of the south line of said Block 82, and 181.5 feet east of baid Panhandle and Santa Fe Railway R.O.W. line, measured parallel with the south line of said Block 82; Thence N. 240 141 52".E., a distance of 109.7 feet to a point, said point being 480.0 feet north of the sough line of said Block 82, and 226.8 feet east of said Panhandle & Santa Fe Railway R.O.W. line, measured parallel with the south line of said Block 82; Thence N. 210 521 22" E., a distance of 53.9 feet to a point, said point being 130.0 feet south of the north line of said Block 82, and 247.0 feet east of said Panhandle & Santa Fe Railway R.O.W. line measured parallel with the north line of said Block 82; Thence N. 170 40' 14" E., a distance of 136.5 feet to a point, said point being on the north line of said Block 82, and 288.1 feet west of the northeast corner of said Block 82; Thence Eait alongthe north line of said Block 82, a distance of 150.8 feet to a point/bseingpSAn e north line of said Block 82, 104.8 feet west of the northeast corner of said Block 82; Thence S. 350 58' W., a distance of 24.7 feet to a point, said point being 20.0 feet south of the north line of said Block 82 and 424.4 feet east of said Panhandle & Santa Fe Railway R.O.W. line measured parallel with the north line of said Block 82; Thence S. 130 16, W., a distance of 319.6 feet to a point; said point being 330.0 feet south of the north line of said Block 82, and 346.5 feet east of said Panhandle & Santa Fe Railway R.O.W. line measured parallel with the north line of said Block 82; Thence S. 190 321 W., a distance of 316.2 feet to the point of beginning. Containing 1,8000 acres of land, more or less. We propose and offer to convey by warranty deed to the City of Lubbock all of the above described tract of land. We agree to deliver to City a complete abstract showing record merchantable title in the undersigned and to duly execute and deliver to the City general warranty deed upon acceptance of title by the City, and payment' or tender of payment to us by the City, the sum of $42,512,50, which sum represents and includes the consideration for the above described land, all costs and expenses for removal of fences and other improvements therefrom, and all damages of every kind and nature to the remainder of land owned by the undersigned, that may result by reason of the opening and construction of a multi -lane highway by the Texas State Highway Department upon, over and across the above described property in accordance with the plans and specifications established and adopted by the Texas State -Highway Department. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours t ruly, /s/ S. E. McMillan After consideration of Mr. Mehillan's proposal, motion was made by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize the following Resolution to be passed: R E S 0 L U T'I O N ' A RESOLUTION AUTHORIZING RIGHT-OF-WAY AGENT TO MAKE AN OFFER FOR THE CITY CF LUBBOCK TO 5. :�1 . MchILLAN FOR NEE SIMPLE TITLE TO TRACTS OF LAND DESCRIBED IN THE BODY OF THIS RESOLUTION NEEDED FOR RIGHT-OF-WAY PURPOSES. WHEREAS., the City Commission finds it necessary to acquire those certain tracts or parcels of land hereinafter described for right-of-way purposes necessary to the laying out, opening and construction of a highway to be constructed by the Texas State Highway Department; and, WHEREAS., the City Commission finds it necessary to acquire the fee simple title there- to; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO XTSSION OF THE CITY OF LUBBOCK., . THAT the Right -of -Way Agent BE, and he is hereby authorized and directed to make an offer in the amount of Twenty -Two Thousand Nine Hundred Twenty -Two and 58/100 ($220922#58) Dollars to S. E. McMillan or the true owners of the hereinafter described property, such offer being for the fee simple title fee and clear of any and all liens, charges and en- cumbrances and for all interest in said property, such property being described as follows, to -wit: Tract 1: A tract of land out of Block Sixty -Three (63) of the Roberts & McWhorter Addition to the City of Lubbock, Lubbock County, Texas, and being described as follows: BEGINNING at a point in the West line of said Block 63, a distance of 200.3 feet North from the Southwest corner of Block 63; THENCE North a distance of 275.4 feet along the West line of said Block 63; THINCE North 80 21' East, a distance of 92.5 feet along a line 100 feet North- westerly from and parallel to the centerline of a proposed highway; THENCE North a distance of 32.7 feet; THENCE East a distance of 10.0 feet; THENCE South a distance of 240.0 feet along a line 23.6 feet from and parallel to the West line of said Block 63; THENCE South 80 21' West a distance of 161.4 feet along a line sixty (60) feet Northwesterly from and parallel to said highway centerline to the POINT OF BEGINNING. Containing 0.149 acres, more or less. Tract 2: Being a part of Block Eighty -Two (82), Roberts & McWhorter Addition to the City of Lubbock, Lubbock County, Texas, more particularly described as follows: BEGINNING at a point on the North line of 3d Street in„Block 82 of Roberts & McWhorter Addition to the City of Lubbock, 297.0 feet West and thirty (30) feet North of the Southeast corner of said Block $2, said point being 245.7 feet East of the East right-of-way line of the Panhandle and Santa Fe Railway; THENCE West along the North line of 3d Street a distance of ten (10.0) feet to a point; Th-ENCE North 8 551 38" West a distance of 354.3 feet to a point said point being 380.0 feet North of the South line of said Block 82, and 1$1.5 feet East of said Panhandle & Santa Fe Railway right-of-way line, measured parallel with the South line of said Block 82; THENCE North 240 14' 52" East a distance of 109.7 feet to a point, said point being 480.0 feet North of the South line of said Block 82 and 226.8 feet East of said Panhandle & Santa Fe Railway right-of-way line, measured parallel with the South line of said Block 82; THENCE North 210 521 22" East a distance of 53.9 feet to a point, said point being 130.0 feet South of the North line of said Block 82, and 247.0 feet East of said Panhandle & Santa Fe Railway right-of-way line measured parallel with the North line of said Block 82; THENCE North 170 401 1411 East a distance of 136.5 feet to a point, said point being on the North line of said Block 82, and 288.1 feet West of the Northeast corner of said Block 82; THENCE East along the Northline of said Block 82 a distance of 150.8 feet to a point, said point being on the North line of said Block 82 a distance of 104.8 feet West of the Northeast corner of said Block 82; THENCE South 350 581 West a distance of 24.7 feet to a point, said pint being 20.0 feet South of the North line of said Block 82 and 424.4 feet East of said Panhandle & Santa Fe Railway right-of-way line measured parallel with the North line of said Block 82; THENCE South 130.16 t West a distance of 319.6 feet to a point, said point being 330.0 feet South of the North line of said Block 82, and 346.5 feet East of said Panhandle & Santa Fe Railway right-of-way line measured parallel with the North line of said Block 82; THENCE South 190 321 West a distance of 316.2 feet to the POINT OF BEGINNINGS Containing 1.8000 acres of land, more or less. On motion of Commissioner Davis, seconded by Commissioner Thomas, the foregoing Resolution was passed on this the llth day of March, 1954, by the following vote: Commissioners voting "YEA". Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None Isl Murrell R. Tripp NURRELL R. TRIPP, Mayor ok:WIS ATTEST: Is/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer WLS: sv 3-12-54 54 12-406-758 Motion by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, the follow- ing Resolution was passed: R E S O L U T I O N elease and WHEREAS, on the 23rd day of June, 1941, the City of Lubbock, together with other taxing opy of Res. units in Cause 4843 in the 99th District Court of Lubbock County, Texas, recovered judgment eturned to against Lona Owens and husband, M. 0. Owens, for taxes lawfully levied and assessed against oyce Ball in certain real estate; and, ity Attorneys ffice-3-16-54 WHEREAS,,.the Tax Collector now states that all taxes which were included in this judg- ment and recovered against Lots 20, 210 22 and 23 in Block 5 of Flynn Place, an addition to the City of Lubbock, Lubbock County, Texas, have been paid; and, WHEREAS, the District Court Clerk states that all costs of suit have been paid and the owners of the property wish a release of the judgment and lien created thereby; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COI�RiiISSION 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 Flynn Place, an Addition to the City of Lubbock, Lubbock County, Texas, releasing any cloud of title or'lien created by virtue of the judgment recovered by the City of Lubbock in Suit 4843 in the 99th District Court of Lubbock County, Texas, insofar as it affects Lots 20, 21, 22 and 23, Block 5 of Flynn Place, an addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. That such release is to contain the provision that the release does not in any way affect any property or liens not specifically described therein as being re- leased and that all liens and apparbnt liens against property owners not otherwise released are expressly excepted from such release. On motion of Commissioner Carpenter, seconded by Commissioner Davis, this Resolution was passed by the City Commission on this the llth day of March, 1954, by the following vote: Commissioners vpting "YEA": Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None ATTEST: W Laveni a Lowe Lavenia Lowe, City Secretary -treasurer REB: gf 3-12-54 THE STATE OF TEXAS COUNTY OF LUBBOCK Is1 L=rell R,, Tripp MURRELL R. TRIPP, Niayor ok:WLS WHEREAS, on the 23rd day of June, 1941 the City of Lubbock,.Texas, a municipal corpora- tion, together with other taxiing units, in cause No. 4843 in the 99th District Court of Lubbock County, Texas, recovered judgment against Lona Owens and husband, M. 0. Owens, for taxes lawfully levied and assessed against certain real estate, which real estate included Lots Twenty (20), Twenty-one (21), Twenty-two (22), and Twenty-three (23) in Block Five (5) of Flynn Place, an addition to the City of Lubbock, Lubbock County, Texas; and WHEREAS, the s•:.id Lona Owens and husband, M. 0. Owens, have paid to the City of Lubbock.. Texas, the taxes due and owing to said City at the time of said.judgment on the aforesaid Lots Twenty (20), Twenty-one (21), Twenty-two (22), and Twenty-three (23) in Block Five, (5) of the Flynn Place Addition; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the City of Lubbock, Texas, acting herein by and through its duly authorized Mayor, Murrell R. Tripp, for and in consideration of the payment of the taxes aforesaid and the sum of Ong and No/100 ($1.00) Dollars to it in hand paid, the receipt of which is hereby acknowledged, does hereby release and fully discharge from the judgment above mentioned and any lien created thereby the following described property in Lubbock County, Texas, to -wit: Lots Twenty (20), Twenty-one (21), Twenty-two (22) and Twenty-three (23) in Block Five (5) of Flynn Place, an addition to the City of Lubbock in Lubbock County, Texas. 11 The execution of this release has been duly authorized by the City Commission of Lubbock, Texas by a Resolution duly passed by said Commission, a copy of which Resolution is hereto attached. It is expressly understood that the execution of this release does not in anyway release or affect any lien or claim by the City of Lubbock to this property except that lien created by the judgment in Tax Suit 4843 in the 99th District Court of Lubbock County, Texas, against Lots 20, 21, 22 and 23, Block 5, Flynn Place Addition to the City of Lubbock, Lubbock County, Texas, and all other liens if any, are excepted from this release. EXECUTED this llth day of March, 1954. ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK THE CITY OF LUBBOCK, TEXAS A Municipal Corporation By /_/ Murrell R. Trigg Murrell R. Tripp, Mayor ok:WLS BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Murrell R. Tripp, known to me to be the person and officer whose name is subscribed to the foregoing instrument as Mayor of the City of Lubbock, Texas, a municipal corporation, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and as the act and deed of said the City of Lubbock, Texas. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the llth day of March, 1954. s �e A:,�ug_hes Notary Public in and for County, Texas Lubbock 5-12-407-759 Motion by Commissioner Carpenter, sec9nded by Commissiorer Davis, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to accept the oral proposal of the Panhandle South Plains Fair Association for acquisition of 2.32 acres of land off of the nortY_ side of the Fair Grounds property for right-of-way for 4th Street extension from Avenue H east. It being hereby understood and agreed that the payment to the Panhandle South Plains Fair Association hereby authorized for this right-of-way is as follows: Value of land required (2.32 Acres); $7114.80 Estimated cost of constructing 796.31 of 61 chain link fence across the north side of the property; 2150,01 Estimated cost of relocating 275.61 of existing chain link fence; 8_2.6, Total amount hereby $10,0a1.61 authorized paid Payment hereby authorized to be made from Right -of -Way Bond Funds, the 2.32 acres of land being required is as follows: A tract of land being a part of and out of Section Three (3) Block 03 Lubbock County, Texas, being described more particularly by metes and bounds as follows: BEGINNING at a point in the West boundary line of the said Section Three (3), a distance of 496.5 ft. South of the Northwest corner of the said section, said point being a corner of the Mackenzie State Park; THENCE South, a distance of 1.77 feet with the said section West boundary line; THENCE South 720 49' East, a distance of 146.75 feet with a line 70.0 feet southwesterly of and parallel to a highway center line established by the Texas Highway Department; THENCE South 170 11' West, a distance of 5.0 feet; THENCE South 720 49r East, a distance of 92.6 feet, with a line 75.0 feet southwesterly of and parallel to the said highway center line; THENCE in a southeasterly direction, a distance of 801.3 feet, to a point in a boundary line of the said Mackenzie State Park, with the arc of a circular curve, the radius of which is 2939.93 feet, and the center of which is North 170 111 East, a distance of 3939.93 feet from its beginning, said are lying 75.0 feet southwesterly of and parallel to the said highway center line; THENCE North 500 181 West, a distance of 275.6 feet with the said Mackenzie State Park boundary line referred to in the previous call to a corner in the said park boundary; THENCE North 870 461 West, a distance of 804.0 feet with a boundary line of the said Mackenzie State Park to the place of beginning; Containing 2.32 acres of land, more or less. 4-12-tQ8-760 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, the follow- ing Resolution was passed: R E S O L U T I O N WHEREAS, on or about the.27th day of July, 1950, the City of Lubbock did contract with William C. Reynolds and John D. Blake, d/b/a Reynolds and Blake Advertising Compan� in writ- ing, which contract contained the complete agreement for the purposes of placing benches at bus stops within the corporate limits of the City of Lubbock; and, WHEREAS, by paragraph 16 of such contract a method by which the location of benches could be changed, replaced or removed to or from any approved location which change is to be made at the cost and expense of the contractors, and without any cost or expense of any nature on the part of the City; and, WHEREAS, it is deemed necessary in the public interest that six bus stop benches be moved in order that they will be placed on designated bus routes; THEREFORE, BE IT RESOLVED BY THE CITY COMI.LISSION OF THE CITY OF LUBBOCK: SECTION 1, That William C. Reynolds and John D. Blake, d/b/a Reynolds and Blake Advertising Company be anc/6hey are hereby authorized and directed to remove the bus stop benches, two of which are located at 34th Street and College Avenue, two of which are at 16th Street and College Avenue, one of which is located at 21st Street and Flint Avenue and one of which is located at loth Street and Avenue H, all in the City of Lubbock, Lubbock County, Texas. SECTION 2. That the said William C. Reynolds and John D. Blake, d/b/a Reynolds and Blake Advertising Company be, and they are hereby, authorized and directed to place such six benches removed from the location as hereinabove described in Section 1, to the southwest corner of all the following described intersections: One at 32nd Street and College Avenue, One at 26th Street and College Avenue, One at Avenue U and 8th Street, One at 15th Street and Avenue V1 One at 22nd Street and Flint, and the remaining one at Avenue D and 4th Street, all in the City of Lubbock, Lubbock County, Texas. SECTION 3. That the removal and replacement of such bus stop benches is hereby de- clared to be in the public interest and the sa�*d William C. Reynolds and John D. Blake , d/b/a Reynolds and Blake Advertising Company shall make such changes as herein indicated at their own cost, liability and e-kpense, and without any cost, liability or expense of any nature on the part of the City of Lubbock. On motion of Commissioner Carpenter, seconded by Commissioner Thomas, this Resolution was passed unanimously this the llth day of March, 1954, by the City Commission. 44 Murrell R. Tripes MURRELL R. TRIPP, Mayor ATTEST: /s/ Laveni a Lowe Lavenia Lowe, City Secretary -Treasurer CAPI: gf 3-8-54 F-12-408-761 Motion by Commissioner Carpenter, seconded by Commis:-.ioner Davis, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1538 was passed on first reading. ORDINANCE NO. 1538 AN ORDINANCE DEFINING CITY, CITY ELECTRICAL INSPECTOR, MASTER ELECTRICIAN, JOURNE3&iAN ELECTRICIAN, MASTER SIGN ELECTRICIAN, MAINTENANCE ELECTRICIAN, N.E.C., N.B.F.U., PORTABLE SIGN, PORTABLE FIXTURE, SCOPE OF ORDINANCE; CREATING OFFICE CF ELECTRICAL INSPECTOR OF THE BUILDING INSrECTION DEPARTMENT; DEFINING HIS DUTIES; ESTABLISHING QUALIFICATIONS CF THE CITY ELECTRICAL INSPECTOR; PROVIDING FOR WRITTEN AND ORAL EXAI�dNATIONS FOR APiLICATIONS FOR THE POSITION OF CI`i'Y ELECTRICAL INSPECTOR; CREATING A BOARD OF ELECTRICAL EXLMMIERS; DEFINING ITS IMAMERSHIP', PROVIDING LENGTH OF TERk OF THE YIENIBERS CF BOARD WHO ARE APPOINTED; PROVIDING FOR THEIR REI-LLkCEI,IENfi UPON THEIR FAILURE TO ACT, OR RESIGN, AND LENGTH OF SERVICE; DEFINING POWERS AND DUTIES OF BOARD OF ELECTRICAL EXAMINERS, TIME OF MEETING AND ITS ORGANIZATION; PROVIDING SUPPLIES FOR SAID BOARD; GRANTING SAID BOARD POWERS TO ADOPT RULES AND REGULATIONS FOR EXAI•iINATION OF AiPLICANTS FOR LIC ESNES, AND FIXING REASUIdABLE TIME FOR EXAMINATIONS, TO FIX TIME AND PLACE FOR HOLDING EXAIL.LINATION, TO MAKE RULES AND REGULATIONS FOR RE-EXAMINATIONS AND REQUIRING BOARD TO P6INT OUT TO APPLICANT REASON FOR APPLICANT'S FAILURE, DEFINING SUB- JECT MATTER AT EXAI~IINATION; EI•J'OWERING SAID BOARD TO INTERPRET MEANING OF ELECTRICAL CODE AND ORDINANCE; PROVIDING FOR APPEAL FRDr_ SAID BOARD TO CITY C OMIIISSION BY APPLICANT ► S FAILING TO PASS EXAMINATION; ESTABLISHING FEES FOR EXAlvJNATION AND CERTIFICATE OF QUALIFICATION; KAK- ING CERTIFICATE OF QUALIFICATION NOT TRANSFERABLE; PROVIDING FOR LICENSING OF MASTER, JOURNEYMAN AND MASTER SIGN ELECTRICIANS; PROVIDING FOR THE BONDING OF 11IaSTER2 AND MASTER SIGN ELECTRICIANS; iROVIDING EXPIRATION DATE OF ALL LICENSES, TIME FOR RENEWAL, AND RENEWAL FEES, PROVIDING FOR llJNIMUNi AGE FOR. MASTER AND MASTER SIGN ELECTRICIAN; PROVIDING NO PERMIT TO BE ISSUED TO A JOURNEYkAN ELECTRICIAN; MAKING IT UNLAWFUL FOR ANY PERSON TO ENGAGE AS A kASTER OR JOURNE)51AN OR I,iASTER SIGN ELECTRICIAN WITHOUT LICENSES; REQUIRING EVERY PERSON, FIRM, ASSOCIATION, CO -PARTNERSHIP OR CORPORATION TO HAVE IN ITS EMPLOYMENT A PIASTER ELECTRICIAN IF ENGAGED IN INSTALLING, ERECTING, ALTERING, WIRING FIXTURES TO BE USED IN THE UTILIZATION OF ELECTRICITY FOR LIGHT, HEAT OR POWER; DEFINING ELECTRICAL MAINTENANCE WORK,- PROVIDING FOR MAINTENANCE ELECTRICIAN LICENSE AND FEE; MAKING IT UNLAWFUL TO DO MAINTENANCE 'w-;ORK WITHOUT LICENSE; PROVIDING FOR ELECTRICAL BOARD TO GRANT LICENSE FOR MALNT- ENANCE ELECTRICIANS; PROVIDING FOR RENEWAL OF MAINTENANCE ELECTRICIAN LICENSE; PROVIDING FOR A REPAIR AND/OR INSTALLATION SERVICE LICENSE; PROVIDING FOR WRITTEN APPLICATION FOR A LICENSE; PROVIDING REQUIR&IENTS FOR LICENSE; PROVIDING A REGISTERATION FEE; PROVIDING APPROV- AL OF A LICENSE BY THE ELECTRICAL BOARD; PROVIDING FOR THE TYPE OF WORK AUTHORIZED -BY A REPAIR AND/OR INSTALLATION SERVICE LICENSE; PROHIBITING ELECTRICAL WORK WITHOUT A LICENSE AND PROVIDING A SURETY BOND BEFORE ISSUANCE OF A LICENSE; PROVIDING LICENSE NOT TRANS- FERABLE; PROVIDING FOR THE ISSUANCE, OF ELECTRICAL PERMITS MAKING CERTAIN EXCEPTIONS; FIX- ING FEE FOR PERMITS; PROVIDING PEalIT FOR hINOR REPAIRS; PROVIDING METHOD FOR PERMIT FOR EMERGENCY WORK PROVIDING THAT ALL PLANS OF ELECTRICAL WORK BE APPROVED BY INSI ECTOR; PRO- VIDING REQUIREMENTS FOR FEEDERS ARID SUB FEEDERS IN ALL CASES OF MORE THAN FOUR CIRCUITS; EMPOWERING INSPECTOR TO DISCONNECT OR CAUSE TO BE DISCONNECTED ALL WIRING THAT IS DEFECTIVE OR INSTALLED IN VIOLATION OF THIS ORDINANCE AFTER NOTICE THEREOF; PROVIDING FOR TEMPORARY PERMIT; PROVIDING THAT NO LIABILITY SHALL BE ON CITY BY REASON OF THi INSPECTION BY CITY AUTHORIZED IN THIS ORDINANCE; REQUIRING APPLICATION BE MADE TO INSPECTOR FOR PERP'IIT AND PROVIDING EXE'itiTTIONS FROM PAYMENT OF FEES BY CITY, COUNTY, STATE AND UNITED STATES GOVERN- PIENT; PROVIDING CERTAIN FEES TO BE CHARGED BY CITY BEFORE PERMIT IS ISSUED AND WORK DONE; . EMPOWENING.INSPECTOR TQ ENTER ANY BUILDING,;ROOM, PLACE USED -AS A CHURCH, THEATRE, MUSIC HALL, AUDITORIUPi, r'LACE OF,PUBLIC ASSENi$LAGE OR PLACE TO WHICH PUBLIC IS GENERALLY ADPLITTED, AND ANY APARTIIFNT HOUSE, HOTEL, MOTOR OR TOURIST COURT, OR ANY BUILDING USED AS SUCH, OR ANY ROOM, DIVISION, OR COMPARTMENT OF SUCH PLACE TO INSPECT ANY ELECTRICAL -VdR.ING, CONNEC- TIONS, FIXTURES, APPLIANCES, APPARATUS, MACHINERY, OR WORK, AND MAKING IT UNLAWFUL FOR ANY PERSON TO HINDER, II-iPEDE, OBSTRUCT, OR EXCLUDE SAID INSPECTION DEPUTIES FROM SO ENTERING FOR SUCH PURPOSE AND MAKING IT UNLAWFUL TO CONCEAL ANY SUCH WIRING, ETC. FROM HIM IN SUCH PLACES AFORESAID; REGULATING TEMPORARY WORK; REGULATING THE WIRES INSTALLED IN BUILDINGS CONSTRUCTED IN LUMBER YARDS OR ON PREMISES OTHER THAN THE LOCATION WTIERE BUILDING IS ON PEREAN.&NT FOUNDATION AND WHERE BUILDING IS TO BE MOVED INTO AND LOCATED WITHIN CITY;, AUTH«. ORIZING FIRE CHIEF OR MARSHALL TO HAVE INSPECTOR TO INSPECT WHERE IN THE OPINION OF THE -FIRE CHIEF OR MARSHALL, FIRE ORIGINATING DUE JO FAULTY ELECTRICAL wTRING OR OVERLOADING CH LINES OR EQUIPMENT, OR UNAUTHORIZED INSTALLATION AND WHERE ELECTRICAL SERVICE ANJD/CR LINES HAVE BEEN CUT BY FIRE FIGHTING PROCESS, NO oJZCTRICAL SERVICE SHALL BE REINSTATEWR RECONNECTED UNTIL SAID PREMISES CONFORM TO PROVISION] OF THIS ORDINANCE; PROVIDING THAT INSPECTOR MAKE INSPECTION OF 1610RK WITHIN 24 HOURS AFTER WRITTEN NOTICE OF WORK DONE, AND THE ISSUANCE OF CERTIFICATE 1N ACCORDANCE THEREWITH; REQUIRING PERMIT$ FOR INSTALLING, ERECTING OR ALTERING SIGNS, OR NEON SIGN INSTALLATIONS; i-IAKING CERTAIN EXCEPTIONS; PROVIDING FOR BONDING OR SIGN COMPANIES; PROVIDING FOR TEMPORARY PERMITS; CLASSIFYING OF SIGNS FOR PERMIT FEES; EX&IPT- ING PORTABLE SIGNS FRONT PEKviIT; REQUIRING ALL SIGNS TO BEAR UNDERWRITERS' LABEL; PROVIDING FOR THE CHARACTER OF ELECTRICAL INSTALLATIONS, MANNER IN WHICH THE WORK SHALL BE DONE, TYPE CF MATERIAL, WORKiiANSHIP, METHOD AND TYPE OF CONNECTIONS AND .SERVICE OF ALL ELECTRICAL INSTALLATIONS, WIRING, FITTINGS, FIXTURES, CHANGES OR EXTENSIONS TO BE MADE AND USED IN ALL TYPES OF STRUCTURES, AND PRETIISES; REGULATING AND PROVIDING FOR THE INSTALLATION, igiAINTEN- ANCE OF NEON TUBING AND LIGHTING FLUORESCENT TUBING ruVD LIGHTING; PROVIDING THE ;MANNER IN ;JHICH THE WORK SHALL BE DONE; KIND OF MATERIAL TO BE USED IN SUCH tiORK, THE INSPECTION OF SUCH WORK; PREVENTING INCOMPETENT PERSONS, FIRMS OR CORPORATIONS FRU,, INSTALLING, MAIN- TAINING NEON TUBE SIGN DEVICES ORNAPMTATIONS; MAKING VIOLATION OF ANY PROVISION OF THIS 011DINANCE A 1.I3DE'MANNOR AND PROVIDING A PENALTY ON VIOLATION NOT TO EXCEED $200.00; MAKING EACH VIOLATION OF A PROVISION A SPECIAL OFFENSE; EXTENDING MASTER AND JOURNEYIviAN AND MASTER SIGN ELECTRICIANS CURRENT LICENSES TO DECEMBER, 1954; PROVIDING FOR ENFORCEMENT BY INSPECTOR AND HOW N.E.C. BE INTERPRETED; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCES 285, 500, 602, 6732 695, 798, AND 1013, AMENDMENTS THERETO AND ALL OTHER ORDINANCES IN CONFLICT HERE.. WITH; DIRECTING CITY SECRETARY TO PUBLISH CAPTION AND PENAL CLAUSE ONLY. 54-12.409.762 Motion by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1539 was passed as an emergency measure. ORDINANCE NO. 1539 AN ORDINANCE PROHIBITING PARKING ON THE WEST SIDE OF THE 1200 BLOCK OF AVENUE X BE.. TWEEN BROADWAY AND �3TH STREETS; AND ON THE EAST SIDE OF -1HE 3400 BLOCK OF AVENUE X BETWEEN 34TH AND 35TH STREETS; AUTHORIZING THE PLACING OF UNIFORM SIGNS AMID FAINTING OF THE CURBS;, PROVIDING A PENALTY; AUTHORIZING PUBLICATION OF THIS CAPTION; AND DECLARING AN EMERGENCY, 54-12-409-763 Motion by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1540 was passed as an emergency measure. ORDINANCE NO. AN ORDINANCE ESTABLISHING LOADING ZONES ON THE EAST SIDE OF THE 1200 BLOCK OF COLLEGE AVENUE, BEGINNING AT A POINT 72 FEET NORTH OF 13TH STREET ;AND EXTEENDING NORTH A DISTANCE OF 24 FEET; ON THE EAST SIDE OF THE 1100 BLOCK OF COLLEGE AVENUE, BEGINNING 50 FEET SOUTH GF MAIN STREET AND EXTENDING SOUTH A DISTANCE OF 12 FEET; ON THE NORTH SIDE.OF THE 900 BLOCK OF LOTH STREET, 80 FEET EAST OF TEXAS AVENUE AND EXTENDING EAST A DISTANCE OF 20 FEET; ON THE EAST SIDE OF THE 200 BLOCK OF COLLEGE AVENUE, BEGINNING 90 FEET SOUTH OF 2ND PLACE AND EXTENDING SOUTH A DISTANCE OF 11 FEET; REPEALING ALL CONFLICTIIG ORDINANCES; AUTHORIZING PAINTING OF CURBS; AND DECLARING AN EMLRGENCY. Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Davis, and Thomas voting Yea, none voting Nay, Ordinance No. 1541 was passed as an emergency measure. ORDINANCE NO. 1541 AN ORDINANCE AUTHORIZING THE REMOVAL OF PARKING METER NO. 10-9-12; REPEALING ALL CONFLICTING ORDINANCES; AND DECLARING AN EMERGENCY. Bids as follows were read for purchase of: 1 - 4 door Sedan for use by the City Health Department; 1 - 4 door Sedan for use by the Water Production and Street Cleaning Department; 2 - 1 1/2 ton trucks for use by the Water Production and Street Cleaning Department; 1 - 2 ton truck for use by the Park Department. Item Vo. L. 1 1954 4 door sedan with heater, dual defrosters, dual sun visors, dual wind- shield wipers, directional lights, fram oil filters, operators arm rest, oil bath _.air cleaner, spare tire and wheel, color: black, this is for the Health Department. AUTOMOBILES AND TRUCKS, BID N0. 443, CLOSED 3-4-54 Louthan-Dowell Fenner -Tubbs Hub Motor J.D.Hufstedler Motors Company Company Truck Company Plymouth Plaza Plymouth Plaza Plymouth 1,592.57 1,69o.00 1,595.56 1,592.57 1,690.00 1:595.56 2. 1 1954 4 door sedan equipped as item No. Plymouth Plaza Plymouth Plaza Plymouth 1 with the addition of a front bumper 1,861,85 1,690.00 1,845.56 guard, for the Water Distribution Depart- - ment. Less trade-in of 1-1950 Chevrolet 4-door sedan, City No. 76-1 Total 3, 1 1954 1 1/2 ton truck, 15000 G.V.W., approximately 8411 cab to axle. Tires 7:50 -X 20 8 ply tires on front; 7:50 X 20 8 ply duals on re4r. Truck to be equipped with booster brakes, overload springs, heater, dual defroster4 dual sun visors, dual windshield wipers, lights, fram oil filters, oil bath air cleaner, spare tire and wheel, color: Armour yellow for Water Distribution Department. 4. 1 1954 1 1/2 ton truck, 15000 G.V.W. approximately 102" C to A. 7:50 X 20 8 ply duals on rear equipped with boost- er brakes, overload springs, heater, dual defrosters, dual sun visors, dual wind- - shield wipers, directional lights, fram oil filters, oil -bath air cleaner, spare tire and wheel, color: Armour Yellow, flat steel deck hoist, bed 7 feet X 12 feet with 7" cylinder and 7 ton capacity equal to Anthony bed and hoist no side board or end gates. This is for the Street Cleaning Department. Less trade-in of 1-1949 International 2 ton truck, City No. 28-43 Total 5. 1 1954 2 ton truck, approximately 170" wheel base, 10211 to C to A, booster brakes, 8:25 X 20 10 ply tires, oil bath air cleaner, dual long arm rear view mirror, heater, dual defrost- ers, dual sun visors, dual windshield wipers, directional lights, fram oil filter, spare tire and wheel, equipped with Graden Winch #M6-3513-12 000 lbs. complete 1 speed forward and 1 reverse, 1 perfection hoist 715B installed com- plete, 1 set 10 feet 12 gin poles with stationary tail pipe installed. Truck and equipment to be Armour Yellow for the Park Department. 693,28 12168.57 Dodge 2,117.17 250.00 1,867.17 550.00 1,140.00 No bid 784.35 1,061.21 No bid GMC 1,845.33 Less trade-in of 1-1942 Dodge truck, City No. 76-45 22481.45 3,711.86 3,711.86 ALTERNATE: Same type of bed and hoist with Braden Winch mounted with 2-speed hanger bearing instead of power divider, truck and bed complete 3,536.78 _ 3,536.78 2,524.71 GMC 32579.70 32579.70 Lothan-Dowell Bid No. 443 Cont'd Motots F.O.B. Lubbock 1 Terms Net Pricing Firm Delivery 30 days Fenner -Tubbs Company Lubbock Net 4 weeks Hub Notor J.D.Hufstedler Company Truck Comrany Lubbock Net After consideration of all bids, motion was made by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Com- missioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize the purchase to be made as follows: Accept the bid of Louthan-Dowell motors for purchase of Items 1, 4 & 5; Accept the bid of Hub Rotor Company for.purchase of Item 2; Accept the bid of J. D. Hufstedler Truck Company for purchase of Item 3; 54-12-411-766 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to auth- orize purchase of 50 drums of Orocol, approximately 21,000 lbs., at .2050 per lb., total consideration $4305.00, from W. H. & L. D. Betz Company, Philadelphia,.Pennsylvania. This being water softening material for use at Electric Plant #2. The Betz Company being the only source from which orocol can be secured. 54-12-411.-767 Motion by Commissioner Davis, seconded }y Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to author- ize construction of sanitary sewer mains in the alley between 19th and 20th Streets, west of Avenue U at an estimated cost of $412.50. Authorization being hereby given for payment of this expenditure from Sanitary Sewer Bond Funds. 54-12_4 1-768 Motion by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea,none voting Nay, to authorize transfer of the franchise now owned by J. B. & C. D. Abbott and d/�h as Domino Taxi., to Bryant's Taxi, Inc. The said Bryant's Taxi, Inc. to continue operation of the franchise for said taxi service as Domino Taxi. Said Domino Taxi service to be operated from 1206 13th Street, Lubbock, Texas. 54-12-411-7f2 The following report was given to the City Commission: ermission "Mr. Harris Underwood has requested/ o appear before the City Commission Thursday, March 25, 1954, to discuss fire protection measures being followed in warehouse construction and usage along Avenue A in Southeast Lubbock." The City Commission unanimously agreed that it would be agreeable for Mr. Underwood to appear before the City Commission on March 25, in this regard. 54-12-hll-770 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, the follow- ing Resolution was passed. R E S O L U T I O N EREAS., the City Commission has heretofore determined that the City would contribute tomary city portion of from ten (10) to forty (40) per cent of the cost of street improvements, as determined by side and front property, to be constructed in accord- th the standard City of Lubbock, street plans and specifications as'approved by the agineer, and the owners of property abutting 39th Street from Knoxville Avenue to Lle Avenue have 'requested permission to have pavement improvements constructed on the ationed 39th Street, and the paving of said 39th Street is needed to provide access area during its construction period, and the City Engineer has approved the plans cifications for such improvements, and, SAS, Percy A. Williams and the other owners of the property abutting on the herein ad street will contract separately with a competent contractor for the above street vents, and said improvements will be constructed in accordance with the abovementioned id specifications under the supervision of the City Engineer, and the said owners ;hat the City contribute its customary share towards such.paving, and, EREAS � the, contract cost of the paving improvements will mt exceed $4, 515.79, the Dst not over $4,741.58, and the City's share in connection therewith would not $297.26, leaving the property owner's portion not to exceed $4,444.32y such costs D11 within the current prices for paving obtained by competitive bidding, and that ;anent to be made by the City is reasonable fair and just to the abutting property the City and all other persons affected thereby, and that the sum of $297.26 has Ly budgeted and is available, THEREFORE. BE IT RESOLVED BY THE CITY CO1,1dSSION 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 stteets 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 No. 1590 39th Street from its intersection with the East Property Line of Knox- ville Avenue to its intersection with the East Property Line of Louisville Avenue The City Engineer is further authorized and directed to duly inspect said paving con- struction on said 39th Street and to require strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Enginper, 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 $71.47 which is the City share "'297.76 less $225.79 engineering, leaving the amount due the contractor from the property owners not to exceed $4,444.32. Section 2. This authority is conditioned that Percy A. Williams and other owners of abutting property and the contractor will pay for all material and labor and costs incident- al to such construction, indemnify the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, that the said Percy A. Williams and other owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and th ;t upon completion thereof and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said 39th Street and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum $71.47 to the contractor upon his completion of paving improvements and the acceptance of the improvements by the City Commission of the City/6f Lubbockv Texas. On motion of Commissioner Carpenter, seconded by Commissioner Thomas, the foregoing resolution was unanimously passed by the City Commission this llth dad of March, 1954. ATTEST: Lsf Lavenia_ Lavenia Lowe, City Secretary I, Percy A. Williams, representing myself and, the the abovementioned streets and Kerr and Middleton, to fully abide by the foregoing provisions for the Approved: G/ W. B Holmes _N W. B. Holmes, City Engineer Approved. - Is f W. L. Somers _____ W. L. Somers, Acting City Attorney -Irf L=tlL R�, Trino __-_ Murrell R. Tripp, Mayor rgmaining owners of abutting property on Contractor, do hereby accept and agree considerations therein stated. Percy A. Williams By_4sj E cy,A,al 1' ams _ _ Kerr and Middleton By 1s/ James C. Kerr 54-12«-412•-771 There was consideration of installing a left -turn lane for east -bound traffic on 19th Street, at Avenue 4. It was brought to the attention of the City Commission that east -bound traffic on 19th Street is being held up due to the large number of vehicles desiring to turn left on Avenue J at this point. It was stated to the Commission that this left -turn lane at 19th and Avenue J has been recommended by the Citizens' Traffic Commissionp said Traffic Com- mission having also recommended the removal of the two parking spaces on the north side of 19th Street immediately west of Avenue J. No action was taken by the City Commission in this regard. 54-12-412-772 Mr. Pharr, of Croslin and Pharr, Attorneys, appeared before the City Commission requesting also see that Lots 1 - 10, Block 177, Original Town of Lubbock, be changed from a "C" to "H" Zoning 54-12-413-773 District. Said property being owned by Tabernacle Baptist Church and being located between 15th and 16th Streets east of Avenue N. Mr Pharr stated that the request for zone change is being made in order that the church may construct church buildings to the property line. Several members of the Tabernacle Baptist Church appeared supporting the request of Mr. Pharr for zone change. Mr. Bill Tucker, Attorney, appeared before the City Commission representing property owners in the area, among those appearing requesting the zone to not be changed were: James H. Goodman Mr. & Yrs. L. D. Rankin L. B. Wright 54-12-413-773 Hearing was held, originally, on this request for zone change on August 13, 1953, being Zone Case No. 444, at which time the request for zone change was referred back to the Planning and Zoning Commission for further study and recommendation. In view of this fact, and for the further fact, that proper notices having not been sent for determination for zone change at the present hearing, it was determined that the City Commission was without authority to act, it lacXng jurisdiction to decide such matters until the Planning and Zon- ing Commission has held a public hearing and refers their recommendation to the City Com- mission for definite action. 546--,12.-.413- 74 Motion by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize the employment of Mr. Warren Cantrell to prepare plans and specifications for the development of the Meadowbrook 18-hole golf course, the Mayor being hereby authorized to enter into contract, payment hereby authorized to be made, to cover Mr. Cantrell's fee, from. Budgeted Funds, 1954-55 Budget. The contract follows: C O N T R A C T K THIS AGRF&,E TT made the day of February in the Year Nineteen Hundred and Fifty Four by and between the City of Lubbock in Lubbock County, Texas hereinafter called the Owner, and T.4arren Cantrell also of Lubbock County, Texas hereinafter called the Engineer, W I T N E S S E T H that whereas the Owner intends to convert or otherwise construct the present Meadowbrook Golf Course in the eastern part of the City of Lubbock, Texas into a modern eighteen hole golf course, NOW, THEREFORE, the Owner and the Engineer, for the consideratiors hereinafter named, agree as follows: THE tNGINEER AGREES: 1. To furnish a minimum of 4. preliminary studies drawn to scale showing -re -location of tees , greens and fairways together with the necessary conferences with the Park Commission for selection of a final -layout. 2. To make small and large scale drawings of the course layout showing location of greens, tees, traps, bunkers, cuts and fills, future plantings and seeding, and including specifica- tions of the work. 3. To furnish design and drawings of a complete watering system for the golf course including the specif ic4tions thereof. 4. To make estimates of the cost of the work on a unit basis in order that the Owner may undertake various unit -operations of the work as funds become available. 5. To confer with representatives of the Owner from time to time for reasonable interpreta- tion of the plans and specifications. 6. To have ready for presentation June 1, 1954 all necessary plans and specifications, remodeling and construction of Meadowbrook Golf Course. THE OV4VER AGREES:. 1. To furnish existing drawings of the site, including topography and water system for the use of the Engineer, and also free access to the premises during progress of the work. 2. To pay the Engineer the sum of Fifteen Hundred Dollars upon completion of the plans and specifications above described, or as the funds become available and not later than Iaovember 15th of the above named year. 3. To pay the Engineer a fee of Five Dollars per hour for extra services if required by the Owner after construction work begins. This does not include a reasonable number of confer- ences for interpretation of the plans and specifications* The Owner and the Engineer hereby agree to the full performance of the covenants contained herein. IN WITNESS WHEREOF they have executed this agreement, the day and year first above written, CHAIRI'4AN, Parks Commission MAYOR (For the Owner) ENGINEER i4-12-414-775 The City Commission discussed the form of ballot to be used on April 6, 1954, on the straw vote to be held regarding dogs running at large, and it was unanimously agreed by the City Commission for the ballot to read as follows: "FOR Ordinance prohibiting dogs to run at large." "AGAINST Ordinance prohibiting dogs to run at large." 54-12-414-776 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to auth- orize appointment of the following persons to serve as members of the Board of City Develop- ment for a six year term: W. D. Rogers, Jr. Charles A. Guy David Bates Neil Wright, Jr. Preston Smith The term of said board members to expire January 15, 1960. i4-12-414-777 The City Commission on February 25, 1954, requested the City Attorney to furnish the City Commission a legal opinion as to whether or not formal competitive bids shall be re- quested in the purchase of books in large quantities for use in the City Library recently constructed, whereupon the following communication was presented to the City Commission by W. L. Somers Acting City Attorney; CITY OF LUBBOCK MYIORPdiDUNi, Inter Office Date: March 9, 1954 TO: The City Commission Steve Matthews, City Manager Al Couch, City Auditor FROM: W. L. Somers, Legal Department SUBJECT: COMPETITIVE BIDS ON BOOK PURCHASES FOR THE PUBLIC LIBRARY Attached hereto is a copy of Sam Garrard s brief on theAustion of whether oi/not pro- posed expeditures for the purchase of books for the new public library co mes within the scope of the Charter provision and Article 2368a, Revised Civil Statutes, requiring competitive bidding on (1) expenditures above $100 (Article IX, Section 27 of the Charter) and competitive bidding together with publication of notice of such purchases (Section 2 of Article 2368ae R.C.S.). The conciusion is unquestionably that competitive bids should be taken as required for such proposed expenditures. The principal difficulty with which we were faced in preparing this brief was an ab- solute lack of knowledge of the methods customarily followed in the book trades for making large purchases in order to stock new libraries. However, at the request of Al Couch, I placed a telephone call to Cleora Clinton, librarian for the Dallas Public Library, and learn- ed from her that they had been successful in calling for bids on prepared lists of books desired. She stated that these lists, which set up the specifications desired, were usually answered within ten days to two weeks and that jobbers usually bid on the entire list, taking it upon themselves to acquire the more difficult books that they might not have in stock,9 in order to obtain the order for the entire list. Mrs. Clinton also stated that by calling for bids on this basis she felt that some very good discounts had been obtained by the City of Dallas. One suggestion that she made which might be beneficial to the lZraria.ri here was in view of the magnitude of the orders which we would be placing, it might be a good idea to prepare the lists in such a manner th:.t jobbers could make alternative bids on (1) trade books (those easily obtainable and readily found), and (2) the type of books in a technical field not readily obtainable, and have the prospective bidders make their bids on the entire list and separately on the two alternative lists. L I hope that the attached brief and the results of my conversation with the Dallas librarian will be of some help in accomplishing the results desired in connection with stocking the new library with books. /sl W. L. Somers W. L. SOMERS vTLS: sv Acting City Attorney Attached: brief CITY CF LUBBOCK I11ENiORANDUM, inter Office Date: March 3, 1954 TO: W. L. Somers, Acting City Attorney - - FROM: Sam Garrard, Legal Department SUBJECT PURCHASING - - COMPETITIVE BIDDING. Reference is here made to your memo dated February 26, 1954, Subject: Purchase of Library Books. There are two provisions which govern the purchase by the City of any item needed by it. The first limitation upon the right of the City to contract for the purchase of items is found in Section 27 of the Charter of the City of Lubbock and reads as follows: "All contracts for public printing, public improvements and public works of every kind and character, and the purchase of supplies for use in any department of the City, exceeding an expenditure of One Hundred ($100) Dollars shall be let on sealed competitive bids., Article 2368a, Sec. 2, provides in part: " No City in this state shall hereafter make any contract calling for or requiring the expenditure or payment of two thousand ($2,000.00) dollars or more out of any fund or funds of any city or county or subdivision of any county creating or imposing an obligation or liability of any nature or character upon such county or any subdivision of such county, or upon such city, without first sub- mitting such proposed contract to competitive bids * * ;1.11 "Any and all such contracts or agreements hereafter made by any county or city in this state without complying with the terms of this section, shall be void and shall not be enforceable in any court of this statg, and the performance of same and the payment of any money thereunder may be enjoined by any property taxpaying citizen of such county or city. * * #" Section 29.30 of McQuillin on Luairgip-.%I .olpp-rations says that "the requirement of competitive bidding in the letting of municipal contracts is mandatory and jurisdictional, and non -observance will render the contract null and voids' It will tiius be seen that in the purchase of books there must be a bid made. Where there is only one possible source of supply and true competitive bids cannot be received, the Texas Supreme Court has held in 96 SW 2d 229 and its companion case, 91 SW 2d 337, that bidding is required where possible though the article be patented. It would thus seem that even though some items the City desires to buy for its library can only be furnished from one source, that it shadd call for a bid. On those items which are handled through more than one outlet, from the above statute and Charter provision, I conclude there must be competitive bids. In connection with the question of competitive bidding, is the question of letting bids based upon classification of articles as well as upon a complete order of books. Section 2a of Article 2368a, which was enacted by the last session of the Texas Legislature specifically provides that the purchase of matey-ials, equipment or supplies may be let )n a lump sum or unit price basis as the governing body shall determine. This would seem ;o authorize the letting of the contracts for books on the basis of units of classification. The question was also raised about the possibility of dispensing with bidding on the )urchase of books because of the difficulty of such procedure. Article 2368a, Sec. 5, _ast paragraph provides that the bidding requirements may be dispensed with on the following >ccasions: "Provided that in case of public calamity caused by fire, flood, storm or to 3rotect the public health, or in case of unforeseen damage to public property, machinery >r equipment, the governing body may issue such time warrants as are necessary to provide ..or the immediate repair, preservation or protection of public property and the lives and iealth of the citizens of such county or city irrespective of the limitations contained _n this section and the restrictions imposed by Section 2 3 and 4 hereof." Since Section 2 of this Statute is the one requiring bidding, and since there is no emergency of the nature set out above existing which would authorize dispensing with the tecessity of bids, then difficulty of obtaining bids should not be considered as sufficient •eason to do away with the requirement of purchasing of library books on a bid basis. IN SUM'IARY, it seems that any purchase of any item requiring the expenditure of public coney in excess of two thousand dollars ($2,000) must be done by competitive bids, even ,hough there may be only one possible source of supply. That bids may be called for on a .ump sum or unit price basis. That the City Charter further restricts purchases to one iundred dollars ($100) without competitive bids. In view of the statute requirements, the lids may be on a lump sum or unit price basis. That difficulty of securing bids is not ufficient reason under the statute for eliminating the necessity of bids. �G: sv Is f Sam (a rrard SAM GARRARD Assistant City Attorney After consideration of Mr. Somers' opinion, it was unanimosuly agreed by the City Commission to request bids for purchase of Library Books. 54-12-_416-778 Motion by Commissioner Davis, seconded by Commissioner C arpent er, motion carried, Mayor Tripp -and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize construction of a 6 ft. sidewalk, 2251 in length, on the east side of Avenue H between 30th and 31st Streets, with property line curb. This property owned by M.J.M. Corporation, the sidewalk to be constructed in connection with the paving of Avenue H under the Warren & Purtell paving contract, GWO 721. Estimated cost of this construction is $546.30. 5L-12-416-779 Motion by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize the Lions Club to hold a pancake supper parade on Tuesday, March 23, 1954, permission bein6lso hereby given for use of an out -door speaker at the high school cafeteria, where the pancake supper is to be held. 5L.-12-41 780 The following report was given to the City Commissions Thus far, the paving contractor has been unable to secure signatures for paving on Utica Avenue from 19th Street north to the Rush School. 5L-12-416-781 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed: R E S O L U T I O N A RESOLUTIQN AUTHORIZING THE RIGHT-OF-WAY xGENT TO �-AKE AN OFFER ON BEHALF OF THE CITY OF LUBBOCK FOR A TRACT OF LAND NEEDED FOR RIGHT-OF-WAY PURPOSES. WHEREAS, the City Commission finds it necessary to acquire that certain tract or parcel of land described by metes and bounds in the body of this resolution for right-of-way purposes in connection with the opening, extending, laying out and widening of a new highway to be constructed by the Texas State Highway Department and commonly cal.ed "New 4th Street"; and, WHEREAS it is necessary that such offer be made immediately and if refused by the owner sufficient time be allowed for acquiring possession of the tract of land through condemnation proceedings; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CODUi16SION OF THE CITY OF LUBBOCK: THAT the Right -of -Way Agent BE, and he is hereby authorized and directed to offer to TONY A. GILSON or the true owners of the hereinafter described tract of land, the sum of One Hundred and N0/100 ($100.00) Dollars for an easement for highway purposes through, over, under and across said tract of land described as follows, to -wit: Being a part of Lot One (1), Block Fourteen (14), Original Town of Lubbock, Lubbock County, Texas, more particularly described by metes and bounds as follows: BEGINNING at a point in the West ling6f Lot One (1), Block Fourteen (14), Original Town of Lubbock, 19.09 feet South of the Northwest corner of said Lot 1; THENCE Southeasterly a distance of 23.11 feet to a point in the South line of said Lot 1; THENCE West along the South line of said Lot 1, a distance of 16.73 feet to a point, said point being 5.33 feet East of the southwest corner of said Lot 1; THENCE Northwesterly a distance of 5.58 feet to a point in the West line of said Lot 1, said point being 1.67 feet North of the Southwest corner of said Lot 1; THENCE North along the West line of said Lot 1, a distance of 5.24 feet to the POINT OF BEGINNING, Containing 71.77 square feet of land. THAT the Right -of -Way Agent is further authorized And directed to provide that such offer be accepted by 5:00 P.M. on i:arch 12, 1954 and to instruct the said TONY A. ON in making such offer that if no answer be given to the proposal herein authorized by such time, then the City of Lubbock will consider such proposal refused, and in the event said proposal is refused or no answer thereto is given within the time hereinabove provided, the City Attorney �s hereby authorized and directed to forthwith file appropriate proceed- ings to acquire such an easement above mentipned under the powers of eminent domain. On motion of Commissioner Thomas, seconded by Commissioner Carpenter, the foregoing ,Resolution was passed on this the llth day of March, 1954, by the following vote: Commissioners voting "YEA": Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None Is/ Murrell R Tripn ATTEST: %s/ Lgvenla Lowe MURRELL R. TRIPP, Mayor WLS:sv (3-12-54) Lavenia Lowe, City Secretary -Treasurer On motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, it was agreed that Mr. Gilson should be offered $100.00 for the above described property. a 54-12-417-782 Consideration was/giveainn to the matter of acquiring right-of-way from Sam H. Allred for Avenue Q Northeast and upon motion by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed. R E S O L U T I O N A RESOLUTION AUTHORIZING RIGHT-OF-WAY AGENT TO PiAKE AN OFFER FOR THE CITY CF LUBBOCK Tu SAX H. ALLRED FCR FEE SIMPLE TITLE TO TRACT OF LAND DESCRIBED IN THE BODY OF THIS RESOLUTION NEEDED FOR RIGHT-OF-WAY PURPOSES. WHEREAS, the City Commission finds it necessary to acquire that certain tract or parcel of land hereinafte- described for right-of-way purposes necessary to the laying out, opening and construction of a highway to be constructed by the Texas State Highway Department; and, WHEREAS, the City Commission finds it necessary to acquire the fee simple title thereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO1%11ISSION OF THE CITY OF LUBBOCK: THAT the Right -of -Way Agent BE, and he is hereby authorized and directed to make an offer in the amount of Nine Thousand Seven Hundred Ninety -One and 31/100 ($9,791.31) Dollars to Sam H. Allred or the true owners of the hereinafter described property, such offer being for the fee simple title free and clear of any and all liens, charges and encumbrances and for all interest in said property, such property, being described as follows, to -wit: Being a tract of land out of Lots 27, 28 29 and 30, Easley Subdivision of Block 31, Roberts and McWhorter Addition to the City of Lubbock, Lubbock County, Texas, more particularly described by metes and bounds as follows: BEGINNING at the Northwest corner of said Lot 30; THENCE East along the north line of said Lot 30, a distance of 79.91 feet to a point, said point being the Northwest corner of a -tract of land conveyed to the City of Lubbock on November 16, 1946 and recorded in Volume 329, page 143, Deed Records of Lubbock County, Texas; THENCE in a Southwesterly direction with a line parallel to and forty-five (45) feet distant from the centerline of Avenue Q Northeast, for a distance of 141.4 feet to a point, said point being on a line twenty (20) feet South of the North line of said Lot 27; THENCE West along the centerline of Lot 27 a distance of 59.32 feet to a point in the West line of said Lot 27; THENCE Northerly along the West lines of said Lots 27, 28, 29 and 30, a distance of 140 feet to the POINT OF BEGINNING. On motion of Commissioner Thomas, seconded by Commissioner Davis, the foregoing Resolution was passed on this the llth day of March, 1954, by the following vote: Commissioners voting "YEA": Carpenter; Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None /s/ Murrell R. Trj'pp MURRELL R. TRIPP, Mayor ATTEST: ok:WLS /s/ Lavenia_.lo3a Lavenia Lowe, City Secretary -Treasurer WLS: sv 3-12-54 54-12••417-783 There came on for consideration of the City Commission the by-laws of the Sgutheast Lubbock Development Board Corporation, and motion was made by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to approve the by-laws of said dorporation as set out below: SOUTHEAST LUBBOCK DEVELOPIvi-ENT CORPORATION BY-LAWS ARTICLE I The president of the Corporation shall preside at all directors' meetings. He may, and upon demand of any three (3) directors in writing addressed to the president shall, call special meetings of the directors. He shall perform all other duties that usually pertain to the office or are delegated to him, by the Board of Directors. ARTICLE II Either vice-president may, in case of the absence or disability of the president, per- form the duties of the president. ARTICLE III The secretary -treasurer shall be the person acting as City Auditor of the City of Lubbock and shall act as an ex officio member of the Board of Directors without power to vote in any matters coming before the Corporation. fie shall have custody of all the moneys and securities of -the Corporation. He shall keep regular books. All moneys of the Corporation shall be deposited by him in such depositories as shall be selected by the directors. He shall keep the records and books of account of the Corporation and keep minutes of all directors' meetings. He shall have the custody of the seal of the Corpora- tion, and shall affix it as directed hereby or by resolution passed by the directors. Checks must be signed by him and the president or either vice-president acting in the president's stead. He shall perform all other duties that usually pertain to his office or are delegated to him by the Board of Directors. ARTICLE IV Regular meetings of the directors shall be held at such time and place as they may determine. No notice tothem of such regular meeting shall be required, and it shall be the duty of each director to attend the same without notice. A majority of the Board of ' Directors shall constitute a quorum. ARTICLE V Special meetings of the directors may be called by the president upon one (1) day's notice, stating the purpose or purposes thereof, or such special meetings may be held at any time by unanimous consent of the directors. ARTICLE VI There shall be a regular meeting of the directors annually during the month of October to elect a president and two (2) vice-presidents, which officers shall be members of the Board of Directors for the succeeding year, and to transact such other business as may properly be brought before it. ARTICLE VII The Corporation shall have no capital stock and no stockholders. ARTICLE VIII The Board of Directors shall be composed of twelve (12) members, each of whom shall be resident citizens of the City of Lubbock. The directors of said Board shall be appointed by the City Commission of the City of Lubbock and shall hold their office for a term of three (3) years except that four (4) of the members first selected shall hold office for terms of one (1) year, four (4) members shall hold office for the terms of two (2) years, and four (4) members shall hold office for the terms of three (3) years, the term of each to be determined by lot; and thereafter their successors shall hold office for three (3) years and until their successors are appointed. ARTICLE IX Upon the death, resignation, removal or expiration of the term of office of any of the directors, the City Commission of the City of Lubbock, Texas, shall nominate and appoint a successor as a director, who shall hold his office for the unexpired term of the director he is appointed to succeed, or for the period of three (3) years when the appointment is made due to the expiration of a director's term of office; and further provided that in the event the best interests of the City of Lubbock, Texas, require the removal of any director, removal of such director shall be effected through appointment of such director's successors by unanimous vote of the City Commission of the City of Lubbock, Texas. ARTICLE X No salary or compensation of any kind shall ever be paid to any member of the Board of Directors. ARTICLE XI The City Manager and the Planning Engineer of the City of Lubbock, Texas, shall be ex officio directors without voting privileges, and shall act only in an advisory capacity to the Corporation. ARTICLE )aI 1J_ The president or either of the vice-presidents shall have the power to execute promissory notes to the City of Lubbock, Texas, only, and such notes shall be valid only when signed by the president or either of the vice-president s, sealed with the seal of the Corporation, and attested by the secretary -treasurer of the Corporation. ARTIC IE XIII or either of the vjcze- )r�sidents The president,/ is empowered to se convey, contract to sell and convey ana to execute releases on full payment of moneys due on any real estate owned or to be owned by the Corporation; provided, however, that any conveyance or contract to convey any real estate must be made to or with a member of the colored race for the purpose of using such property to build a house for residence purposes and the entire consideration paid or secured to be paid by a valid lien on the property; and provided further that all contracts and deeds of conveyance must be sealed with the seal of the Corporation and attested by the secretary -treasurer of the Corporation. ARTICIE XIV No profit shall ever be realized by any person in the operation of this Corporation and the secretary -treasurer shall pay over all moneys coming into the hands of the Corpora- tion to the City of Lubbock with the exception of such e,41nsns oafstare reasonable and necessary and are incurred as a direct result of the/ ��he rpora�ion in selling real estate to members of the colored race. ARTICLE XV The seal of the Corporation shall consist of a circle within which shall be inscribed "Southeast Lubbock Development Corporation, Lubbock,Texas, ARTICLE XVI These by-laws shall not be amended, supplemented, or changed in any manner unless at least seven (7) of the members of the Board of Directors vote in favor of such amendment, supplement or change in a meeting called for that purpose; and further that such supplement, amendment or change shall not become effective nor have any force or effect whatsoever unless and until the same has been approved by a written resolution passed by the City Commission of the City of Lubbock, Texas. 5-12-419--784 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to approve the following contract between the City of Lubbock and the Southeast Lubbock Development Corporation, the Mayor being hereby authorized to execute said contract. C O N T R A C T THE STATE OF TEXAS �. COUNTY OF LUBBOCK The SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION, a Texas corporation with its principal place of business in Lubbock, Lubbock County, Texas, acting by and through its officers heretofore duly authorized, hereinafter called "Corporation,t' and the CITY OF LUBBOCK, a Home Rule Municipal Corporation, of Lubbock County, Texas, acting by and through its officers heretofore duly authorized, hereinafter called "City," do hereby contract one wit4the other in regard to the handling of the sales of real estate in ALL,HATTAN HEIGHTS ADDITION. an addition to the City of Lubbock, Lubbock County, Texas, to -wit: W I T N E S S E T H: THAT., the CITY will convey to the CORPORATION at various intervals various lots in the PANHATTAN HEIGHTS ADDITION, an addition to the City of Lubbock, Lubbock County, Texas, retaining therein no lien of any kind or nature and reciting in such deeds of conveyance "One and No/100 ($1.00) Dollars and other valuable consideration." THAT, the CORPORATION shall, in return, execute its personal promissory note without interest to the CITY for the entire amount of the value of the real estate conveyed, being the value for which the CORPORATION shall sell such real estate. THAT the City Auditor of the CITY shall perpetually remain the secretary -treasurer of the CORPORATION, and all moneys coming into the hands of the CORPORATION shall be received by such secretary -treasurer. The term of office of the �?r?Ler - easurer shall be perpetual and permanent and shall be filled by the City Auditor uring t e entire life of the CORPORA- TION unless changed by written contract between the parties to be authorized. THAT a complete set of books shall be kept by the CORPORATION and subject to audit at all times by the CITY, and all moneys coming into the hands of the CORPORATION shall be • paid to the CITY at the earliest practicable date, with the exception of reasonable and necessary expenses incurred in the sale of such real estate only. That all moneys so received by the CORPORATION and paid to the CITY, and all reasonable and necessary expenses paid, shall be credited toward payment of the promissory note given as hereinabove provided. All deeds of conveyance, contracts to convey, and necessary releases are to be executed by the CORPORATION acting by and through its duly authorized officers. Every reasonable means shall be used by the CORPORATION to see that none of such property to be conveyed to the CORPORATION shall ever fall into the hands of speculators, but that the purpose of the CITY in conveying such property to the CORPORATION for the develop- ment of a nice housing development for members of the colored race shall be upheld and enforced insofar as is possible by the CORPORATION and no contract to sell and no dee conveyance shall ever be executed by the CORPORATION to or with ar-y person not a memt__ of the colored race, desiring to build a residence on such property. THAT before delivery of any deed executed by the CORPORATION to a member of the color- ed race it will first be ascertained by the CORPORATION that the entire purchase of price has been fully paid or a valid lien is retained securing the full payment of such conveyance and evidence shown the CORPORATION that there is a bona fide purchaser of the colored race for such lot; and further that the contractor who will construct such residence has a valid loan commitment from some authorized lending agency for the purchaser involved, or such purchaser has himself obtained a valid loan commitment, or the entire cost of construction as contracted to be paid in cash upon completion of such residence; and further that either construction of a residence has been commenced or is ready to be commenced on such premises. The rights accruing under this contract shall not be assignable in whole or in part by either party Thereto, and upon breach of any of the covenants and conditions of this contract by the CORPORATION., the CORPORATION shall, after written notice of such breach, re -convey all the property then owned by the CORPORATION to the CITY, and the CITY may enter and take possession of the same without prejudice of its rights for any action or breach of contract or moneys due the CITY. MCUTED this 5th day of March, 1954. SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION By: /s $obt H. Bean President ATTEST: Ls/ A P. Couch Secretary -Treasurer CITY OF LUBBOCK By Jg/ Murrell R. TriBa Mayor ATTEST: s a eLowpr_ Lavenia Lowe, City Secretary -Treasurer BE IT RESOLVED by the Board of Directors of the SOUTHEAST LUBBOCK DEVELOPivMT CORPORA- TION that the above and foregoing contract and all of its terms and provisions is hereby made the Contract of the Corporation with the City, and the president or either vice-president is hereby authorized and directed to execute such Contract on behalf of the Corporation. This the 5th day of March, 1954. /s/ Robt. H,-Dean President ATTEST-.: .1sf A P. Qouc Secretary -Treasurer BE IT RESOLVED by the City Commission of the City of Lubbock, Texas, that the above and foregoing Contract and all the terms and conditions therein contained BE, and the same hereby constitutes the Contract of the City witlAhe Corporation, and the Mayor is hereby authorized and directed to execute such Contract upon behalf of the CITY OF LUBBOCK. Texas, this llth day of March, 1954. ATTEST: /sl Lavenia Lowe, City Secretary -Treasurer $7,000.00 f sL W=9 L R_ Trim Mayor Lubbock, Texas March , 1954 On demand, the SOUTHEAST LUBBOCK pEVELOPMENT CORPORATION, a corporation, promises to pay the CITY OF LUBBOCK, a Home Rule Municipal Corporation, the sum of SEVEN THOUSAND AND N0I100 ($7,000.00) DOIJA RS, without interest, being promised for payment of Lots 1 through 9 at $600.00 each and Lots 10 and 11 at $800.00 each of the Manhattan Heights Addition, an Addition to the CITY OF LUBBOCK., Lubbock County, Texas. SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION PRESIDENT � A. F. QQU&h SECRETARY -TREASURER - ... SEAL _. _ 54-12-h2l-785 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed. R E S O L U T I O N BE IT RESOLVED BY THE CITY COi•I ISSION OF THE CITY OF LUBBOCK: 44-G'.e%k4 -e_ j�, t_t, ) P- L m % 6'C' r 51; C' THAT the Mayor BE and he is hereby .authorized and directed to execute on behalf of the City of Lubbock, a warranty deed for One and no/100 ($1.00) Dollars and other valuable consideration to the SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION., all of Lots 1 through 11 of the Manhattan Heights Addition, an Addition to the City of Lubbock, Lubbock County, Texas, subject to all the covenants and conditions contained in the plat and dedication of the Manhattan Heights Addition as filed in the Deed Records of Lubbock, Lubbock -County, Texas, and further save and except any and all oil, gas and other minerals outstanding. On motion of Commissioner Davis, seconded by Commissioner Carpenter, this Resolution was passed by the City Commission on this the llth day of March, 1954, by the following vote: Commissioners voting "YEA'.': Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None ATTEST: /s / Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer CAM:gf 3-3-54 WARANTY DEED THE STATE OF TEXAS :0 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK 0 /s/ Murrell R. Tripp NNRRELL R. TRIPP, Mayor ok:WLS THAT the CITY OF LUBBOCK a Home Rule Municipal Cor°-,,oration, acting by and through its officers heretofore duly authorized of the County of Lubbock, State of Texas, for and in consideration of the sum of One and No/100 ($1.00) Dollars and other valuable consideration, the receipt of which is hereby acknowledged and confessed, to it in hand paid by the SOUTHEAST LUBBOCK DEVELOPIMT CORPORATION of Lubbock County, Texas, have GRANTED, SOLD and CONVEYED and by these presents do GRANT, SELL and CONVEY unto the said SOUTHEAST LUBBOCK DEVELOPIVM T CORPORATION of the County of Lubbock, State of Texas, all those certain lots, parcels and tracts of land lying and being situated in Lubbock, Lubbock County, Texas, and being further described as follows, to -wit: Lots 1 through 11 of the Manhattan Heights Addition, an Addition to the City of Lubbock, Lubbock County, Texas, save and except any and all oil, gas and other minerals outstanding. This instrument of conveyance is made subject to all those covenants , restrictions and conditions contained in the plat and dedication of Manhattan Heights Addition, an Addition to the City of Lubbock, Lubbock County, Texas, as contained in the plat and dedication of such Addition filed in the Deed Records of Lubbock County, Texas. TO HAVE tir,'D TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in anywise belonging unto the said SOUTHEAST LUBBOCK DEVELOPNMT CORPORATIONS a corporation, its successors and assigns forever and the CITY OF LUBBOCK does hereby bind itself, its successors and assigns to warrant and forever de- fend all and singular the said premises unto the said SOUTHEAST LUBBOCK DEVELOPNELdT CORPORA- TION, its successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. Executed this llth day of March, 1954. ATTEST: 181 Lavenia Lowe_ Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS Q COUNTY OF LUBBOCK 61 Murrell R- Tripp-- — MURRELL R. TRIPP, Mayor ok:WLS ok:CAM BEFORE MEN 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 consideration therein expressed, and in the capacity therein stated. GIVEN UNDER YLY HAND AND SEAL OF OFFICE, This llth day of March, A. D., 1954. (SEAL) /s/ J. A. Ma and _ Notary Public, Lubbock County, Texas. 1 4-12-422-786 Motion by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize transfer of $7967.99 from the General Fund of the City of Lubbock to the -Southeast - Lubbock Development Fund of the City of Lubbock, in order to pay for paving completed and accepted by the City Commission on August 27, 1953, covering East 24th Street from WPL of Redbud Avenue to the SPL of East 26th Street being property abut; ing Lots 1-19, Manhattan Heights Addition to the City of Lubbock. The General Fund of the City of Lubbock to be reimbursed in the amount of $7967.99 by the City of Lubbock Southeast Development Fund when the Southeast Lubbock Development Corporation pays into the City of Lubbock Southeast Development Fund money from the sale of Lots 1-11 of the hIanhattan Heights Addition, an addition to the City of Lubbock, Lubbock County, Texas. Said land having been deeded to the Southeast Lubbock Development Corporation by the City of Lubbock on March 11, 1954. 4-12-,422_787 Motion by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize accept- ance of the plans and specifications as presented to the City Commission for construction of Auditorium -Coliseum building on 4th Street Freeway, west of the Texas Technological College stadium between 4th Street and the proposed 6th Street, and publication of the Notice to Bidders. Bids to bereceived at 2:30 P.M., April 2, 1954, in the Caprock Hotel. Haynes and Kirby being architects on this project. The Notice to Bidders follows: NOTICE TO BIDDERS Sealed proposals addressed to Honorable Mayor and City Commission of Lubbock, Texas, will be received in the Main Ballroom of the Caprock Hotel, Lubbock., Texas, at 2:30 P.M., Central Standard Time, April 2, 1954 for the construction of a Municipal Auditorium - Coliseum., known as GWO 876, for the City of Lubbock, Lubbock, Texas. Separate proposals will be received covering each of the following contracts: (1) General construction; (2) Heating, air conditioning and plumbing; (3) Electrical work. Each proposal shall be accompanied by a cashier's check or certified check or an accept- able proposal bond in the amount of five per cent (5%) of the greatest amount of the proposal submitted as a guaranty that the successful bidder will enher into contract and furnish performance bond within ten (10) days after notice of/c nt'raK to him. Performance bond shall be in the amount of one hundred per cent (100%) of the contract sum,, payable without recourse to the order of City of Lubbock, Texas. Bids without the required check or proposal bond will not be considered. Attention of the bidders 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) govern- ing the wage scale and the payment of prevailing rates of wages as established by the Owner. Contractors shall not pay less than said scale of prevailing minimum rates of wages per hour on basis of 8 hour day as set forth below: CLASSIFICATION Brick Layer Carpenter Journeyman Cement Finisher Plaster Journeyman Electrician Journeyman Lather Journeyman Painter Glazier Iron Worker Reinforcing Iron Worker Structural Plumber Journeyman Roofer Sheet Metal Journeyman Welder Common Laborer GENERAL PREVAILING HOURLY RATE $ 3.25 2.00 2.371 3.12ff 2.25 3.00 2.00 2.00 1.50 2.122 2.372 1,50 2.122 1.35 1.00 Any laborer, workman, or mechanic required or permitted to work in excess of eight (8) hours per calandar day, under the emergency exceptions to House Bill No. 115 of the 44th Legislature invoked by HCR No. 201 of the 47th Legislature# shall be paid on the basis of eight (8) hours constituting a day's work, and all such labor so employed shall be paid at the rate of one and one-half (12) times the regular rate for every hour worked in excess of forty (40) hours per weekv Legal holiday work shall be paid for at the regular governing per diem wage rates. Plans and specifications may be examined in the office of Haynes & Kirby, Architects - Engineers, Lubbock, Texas, or any bona fide bidder may obtain a set from the Architects - Engineers without charge. No bid may be withdrawn for at least fifteen (15) days after the scheduled closing time for receipt of bids; The City of Lubbock, Texas, reserves the right to accept any or reject all bids and to waive all formalities. ATTEST: Lavenia Lowe, City Secretary CITY OF LUBBOCK, TEXAS Owner By: Murrell R. Tripp, Mayor 54_ _1,23-J88 The request for the relocation of the existi ; Easement between Lots 4 and lb, Bobalet Heights Addition to the City of Lubbock, Texa , was considered by the City Commission and motion was made by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, R. H. Fulton, Mayor Tripp and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to Owner approve and grant the request with the understanding that the relocated Easement must be acceptable to the City Engineering Department for the construction of Water and SewernBi.ns. It being hereby understood that if and when water and sewer service is required to Lot 4, Bobalet Heights Addition, the pro rata charge as set out in Ordinance No. 1521 will have to be paid by the property owner for service to this property in the same manner as to Lot lb, Bobalet Heights Addition. This property being located at Slide Road and Vilest 19th Street. No further business coming up for consideration, the City Commission recessed to meet March 13, 1954, at 10: 00 A.M. Read and approved, this the 25th day of March , 19% Lavetiia Lowe, Cit Secret y-Trea surer