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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/27/1954II 54-12-611-1054 Re Close 54-12-611-1055 Alley in Tract 10 Stubbs Ad -' h. 54-12-611-1056 REGULAR kEETING Lubbock, Texas May 27, 1954 The City Commission of the City of Lubbock, Texas met at 10:00 A.M. in Regular Session at the regular meeting place in the City Hall, the following members thereof being present, to -wit: Mayor Murrell R. Tripp, Commissioners Lennis Baker, Hurley Carpenter, S. S. Forrest, and Lucian Thomas, City Manager Steve Matthews, City Attorney Vaughn E. Wilson, Secretary - Treasurer Lavenia Lowe. Absent: None. Motion was made by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following City Commission Minutes were approved: Recessed Regular Meeting April 23, 1954 Recessed Regular Meeting April 29, 1954 Recessed Regular Meeting May 3, 1954 Recessed Regular Meeting May 5, 1954 at 10:00 A.M. and May 5, 1954 at 5:00 P.M. Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Forrest, Thomas and Carpenter voting Yea, none voting Nay, the following Minutes of Accounts were approved: Voucher No. 9938-F through Voucher No. 10000-F, both inclusive; Voucher No. B-1 through Voucher No. B-37, both inclusive; Voucher No. 1145 through Voucher No. 1566, both inclusive. Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1554 was passed on third and final reading. ORDINANCE NO. 1554 AN ORDINANCE AMENDING SECTION 9 OF ORDINANCE NO. 654 ENTITLED "Ali ORDINANCE TO BE ENTITLED AN ORDINANCE GRANTING '20 J. A. FORTENBERRY ANDRAY FARMER A FRANCHISE OVER THE STREETS, ALLEYS AND PUBLIC ThOROUGHFARES OF THE CITY CF LUBBOCK, TEXAS, FOR OPERATING BUSSES; PROVIDING FOR A COk?ENSATION "D FIXING CHARGE r OR &"ME; 1 ROVIDING FOR EFFICIENCY OF SERVICE AND REASONABLE RATES; PROVIDING FOR FORFEITURE OF SAID FRANCHISE AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN UONFLICT WITH THIS ORDINANCE AAD PROVIDING FOR ACCEPTANCE OF THIS ORDINANCE W1ThIN THIRTY DAYS FROM THE DATE OF FII�AL PASSAGE," SO AS TO PROVIDE AND PHMdT THE FRANCHISE HOLDER TO kAINTAIN A SELF-INSURANCE PROGRAlk BY THE ESTABLISHMENT OF A RESERVE FUND IN A ZlND1121 MOUNT OF $10,000 FOR THE PAYkENT OF ALL LIABILITY AND PROPERTY DA►tiiAGE CLAIMS; REQUIRING EXCESS INSURANCE COVERAGE FOR LIABILITY AND PROPERTY DAMAGE CLALIiS CF $10,000 TO $100,000; PROVIDING FOR AUTOMATIC TEFd%iLiATION AND CANCELLATION OF FRANCHISE AT OPTION OF CITY COi�iiUSSION ON FAILURE TO IvILET THE RE- QUIRE1,2NTS OF THIS ORDINANCE; RATIFYING AND CONFIRMING TEE FRANCHISE GRANTED BY ORDINANCE NO. 654 AS AMENDED; PROVIDING -FOR PUBLICATION iND THE EFFECTIVE DATE OF THIS ORDLNANCE. There was discussion of passage of Ordinance No. 1556 on second and final reading but action was deferred. Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1557 was passed on second and final reading. ORDINANCE NO. 1557 AN ORDINANCE ABANDONING AND CLOSING A PART OF RALEIGH AVENUE SITUATED IN THE SUPPLUvJNT TO CAIN TERitACE ADDITION, A SUBDIVISION OF A PORTION OF SECTION 17P BLOCK B, LUBBOCK COUNTY, TEXAS, LYING BETWEEN LOT 13 OF BLOCK 6 AND BLOCK 7 OF AID ADDITION, AS ShOINN BY THE PLAT THEREOF AND AS kORE PARTICULARLY DESCRIBED BY XETES JUZ BOUNDS IN THE BODY OF THIS ORDINANCE; AND EXCEPTING AN EASDIENT FOR " Y EXISTING UTILITY LINES THEREIN. 54-12-611-1057 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1562 was passed on second and final reading. ORDINANCE NO. 1562 AN ORDLiANCE ABANDONING AND CLOSING A PORTION OF THE NORTH -SOUTH ALT.Y LOCATED IN BLOCK 75, LYONS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES A1dD BOUNDS IN THE BuDY OF THIS ORDLVANCE. 54 12-612-105$ Motion by Commissioner Thomas, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1563 was passed on second and final reading. ORDINAN CE NO. 15 63 AN ORDINANCE REGULATING PAWNBROKERS AND DEALERS IN SECOND-HAND OR USED ARTICLES PROVIDING FOR OCCUPATION LICENSE FOR PAWNBROKERS AND DEALERS IN SECOND-HAND OR USED ARTICLES; PROVIDING FOR APPLICATION AND PAYMENT OF LICENSE FEE; PROVIDING FOR INFOBIiATION REQUIRED FOR LICENSE; PROVIDING FOR DAILY RECORDS TO BE KEPT AND FURNISHED TO THE CHIEF OF POLICE; PROVIDING FOR VISITATION AND EXAKMATION OF PREMISES AND GOODS; PROVIDING A PENALTY; PROVIDING -FOR EXCEPTIONS TO THE ORDINANCE; REPEALING ORDL'-1ANCES NOS. 170 AND 510; PROVIDING FOR PARTIAL INVALIDITY; AUTHORIZING PUBLICATION OF CAPTION AND PENALTY CLAUSE. 54-12-612-1059 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1564 was passed on second and final reading. ORDINANCE NO. 15 64 AN ORDINANCE AMENDING ZONING ORDLANCE NO. 661 AND THE OFFICIAL ZONING ijAP OF THE CITY OF LUBBOCK SO 'AS TO NuM THE FOLLOWING CLAN GE: ZONING CASE N0. 470 - ZONING PATTERN NO. 25 OF THE OVEwALL PATTERN OF THE CITY OF LUBBOCK FOR THAT PROPERTY COKiONLY KNOWN AS iv"ELS INDUSTRIAL DISTRICT, PLACING PROPERTY WITHIN SUCH AREA ROR.; SPECIFICALLY SET OUT IN THE BODY OF THIS ORDINANCE AND AS SHOW BY THE PUBLISHED NOTICE FROM ITS PRESENT ZONE TO THE "J" ZONING DISTRICT. 54-12-612-1060 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1565 was passed on second and final reading. ORDINANCE NO. 1565 AN OtDINANCE AMENDING ORDINANCE 1331, COIvAxONLY KNOWN AS THE SUBDIVISION REGULATIONS TO INCLUDE SECTION 1_E,, LOT, TO PROVIDE FOR A DEFINITION OF THE WORD "LOT"; AMENDING SECTION 5-B, IMPROVh�Y2NTS REQUIRED PRIOR TO ACCEPTANCE OF THE FINAL PLAT, TO SET UP EXCEPTIONS TO SUCH SECTION; AMENDING SECTION 5_C� WITHHOLDING IMPROVL:IENTS UNTIL Ai PROVED TO PROVIDE FOR EXCEPTIONS THERETO; FURTHER AIiENDING SUCH ORDINANCE TO INCLUDE SECTION B., SAVINGS CLAUSE. i4-12-612-1061 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Thomas voting Yea, Commissioner Baker voting Nay, Ordinance No. 1566 was passed on second and final reading. ORDINANCE NO. 1566 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 661 AND THE OFFICIAL ZONING RAP OF "THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONING CASE NO. 472 - CHANGE LOTS 13 THROUGH 24, BLOCK 11, AND LOTS 13 THROUGH 21., BLOCK 12, OIXEALL TERRACE, AN ADDITION TO THE CITY OF LUBBOCK; THE NORTH ONE_HALF OF BLOC$ ONE, NELLIE JARRETT ADDITION; A TRACT OF LANND SOUTH OF 34TH STREET AND WEST OF AVENUE "S", DESCRIBED BY kaTES AND BOUNDS IN THE BODY OF THIS ORDINANNCE; AND A TRACT OF LAND SITUATED SOUTH OF 34TH STREET AND EAST OF AVENUE "S", DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDLiAN CE, FROR THEIR PRESENT ZONING TO THE 'IF-111 ZONING DISTRICT. i4-12-612-_1_0.6_2_ Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1567 was passed on second reading. ORDINANCE NO. 1567 AN ORDINANCE PROHIBITING DOGS FROM RUNNING AT LARGE ON PUBLIC OR PRIVATE PROPERTY; DEFINING TERI S; PROVIDING FOR LICENSING AND VACCINATION OF DOGS; PROVIDING FOR THE WEANING OF COLLAR WITH TAGS ATTACHED; PROVIDING FOR IMPOUNDING OF DOGS; PROVIDING FOR NOTICE OF IMPOUNDED LICENSED DOGS; PROVIDING FOR R.ELNASE OF DOGS IMPOUNDED UPON PAYMENT OF FEES; PROVIDING FOR THE SALE OR DESTRUCTION OF DOGS NOT REDEEMED; PROVIDING FOR REDEMPTION OF DOGS SOLD; PROVIDING FOR RECORDS; PROVIDING FOR VICIOUS DOGS; PROVIDING FOR INSPECTION; PROVIDING FOR UNCONSTITUTIONALITY; REPEALING CERTAIN ORDINANCES; PROVIDING FOR CUMULATION OF CERTAIN 0.01NANCES; AND PROVIDING: PUBLICATION. ;4-12-612-lo63 There was discussion of passage of Ordinance No. 1568 - the New Electric Code Ordinance, but actiari was deferred. ,4-12-612-106+_ Bids as follows were read for purchase of miscellaneous electric material for solf ball and hard ball lighting for the Recreation Department being Bid No. 540. MATERIAL FOR SOFTBALL LIGHTING, BID N0. 540-CLOSED 5-17-54 ITEM NO. C. B.-Anderson Company 1. 72 Floodlights, porcelain -for cross arm mount- ing, for 1500 watt PS-52 lamps.- The lights to be wired with a minimum of four .feet of two Revere #3807 conductor cable for connection to external stock circuit. These floodlights to correspond to 13.80/ea. NEMA Group.C, type 6 classifications. 993.60 less 2% net less 2% 2. 3 Time clacks in NEMA type "V" enclosures, motor volts to be 115 volts AC two pole switch �I rated at 30 ampere AC per pole. less 2% net 3. 2 3AC magnetic contractor orswitch rated 120/208 volts with overload protection in each poles. Switches to be capable of swtiching 75 amperes resistance load. Heaters to be rated approximately 90 amperes, enclosure NEMA type 1. net 4. 1 2 pole AC magnetic operated contractor switch rated 120/240 volts with overload protection in each pole. Switches to be capable of switching 75 amperes resktence load. Heaters to be rated approximately 90 amperes Enclosure NEMA type 1. net 5. 1 2 pole AC magnetic operated switch or contractor rated 120/240 volts with overload protection in each pole. Switch to be capable of switching 45 amperes resitance load. Heat- ers to be approximately 65 amperes. net 6. 1 3 pole 200 amp. 240 volt AC quick make quick. break. safety switches complete with fuses. NEMA.type IA enclosure. less 2% net less 2% net 19.87 973.73 Sangamo #LS-21 6 weeks 22.62/ea. 67.86 1.36 66.50 #8536 .5 weeks 122.. 24/ea. 244..50 #8536- sto ck• 103.50/ea. 103.5 0 #g536 stock 63.00/ea. 63.00 AM86354 - stock- 74.25/ea. 74.25 1.48 72-.77 7. 1 Remote electrically operated 15 KV 200 ampere 3 pole oil switch with 110 volt operating coils, single pole units to be Kyle type NR group mounted on one channel iron base. 4 weeks Westinghouse CSO-1, style number 1616738 320.00,Aet or equal. 320.00 net 8. 1500 Lineal feet AWG 600 volt insulated copper wire suitable for direct burial U.L. type USE, style R.R.installation to have a minimum thickness of 4/64" with an outer U. S.-Rubber #4 bonded jacket of neoprene having a minimum stock subject to thickness of 3/6411, size of wire to be #4. prior sale General Electric Southwestern Supply Company Elec. Sup. Corp. 16.32/ea 1,175.04 23.50 1,151.54 27.00/ea. 81.00 81.00 ,78.66/ea 157.32 78.66/ea. 78.66 78.66/ea. 78.66 53.55/ea `3.55 53.55 100.00/ea. 100.00 Appleton 12.65/ea. 910.80 18.22 892.58 ALTERNATE: Benjamin 12.10/ea. 871.20 17.42 853.78 181.65/ea. 363.70 160.85/ea. 160.85 160.85/ea. 16o.85 49.65/ea 49.65 98 48.17 ALTERNATE "NOT SPECS" 36.45/ea 36.45 .73 35.72 � :n Bid No. 540 Continued) C. B. finder son General Electric Comp Y Supply Company 184.00/M' 170.00/W less 2% 276.0 255.00 5.10 net 249.90 �. 100 Floodlights for wood cross. arm mounting for 1500 watt PS-52 lamps, to be wired with a minimum of 4 feet of 2 conductor cable for connection._ NEftA Group B, type 4 35.85/ea. 36.94/ea. 3,585.00 3,694.00 less 2% 71.70 73.88 net 3013.30 3,620.12 ALTERNATE: 39.53/ea. 3,953.00 less 2% 79.06 net 3,873.94 less 2% net NEMA Group C, type 6 13.80/ea. 16.32/ea. .1,38Q.00 10632.0 less 2% 27..60 32.64 net 12352.40 1,599.36 NEMA Group D type 6 16.26 ea. / 18.42/ea. 1,626.00 1,842.0 less 2% 32.52 36..84 net 1,593.48 1..805.16 less 2% net NEMA Group B, type 5 37.35/ea. 36.94/ea. .32735.0 3,694.00. less 2% 74.70 73.88 net 3,660.30 3,620.12 less 2% net BRAND As above General Electric DELIVERY As above -stock Stock F.O.B. Freight allowed on all items except Lubbock 2 and 6 which is F.O.B. factory. TERMS As above As above PRICING Firm for 30 days Southwestern Electric Sup. Corp. 179•0O/M' 268.50 5.37 263.13 40.15/ea. 4,015.0 80.30 3,934.70 ALTERNATE: 37.62/ea. 3,762.0 75.24 3,686.76 ALTERNATE: #2 (50 each) 36.53 1,826.50 39.09 1,954.50 14.90/ea. 1,490.0 29.80 1,460.20 ALTERNATE: #1 15.40/ea. 1,540.0 30.80 1,509.20 33.0/ea. 3,30.0 66.0 3,234.00 ALTERNATE: #1 36.53/ea. 3,653.0 73.06 3,579.94 Delivery in 2 weeks. from factory As above Items 1 and 9 weeks from factory balance 30 days Lubbock As above (Bid No. 540 Continued) Nunn Electric Nelson Electric Westinghouse Supply Corporation Supply Company Electric Sup. Company 1. Revere #3807 Westinghouse factory stock stock 11.85/ea. 15.55/ea 853.20 1,119.60 Less 2% 17.06 22.39 net 836.14 1,097.21 ALTERNATE: ALTERNATE: Crouse -Hinds Quad 15 days 14.98/ea. 12.78/ea. 1,078.56 920.16 _ less 2% 21.57 18.40 1 net 1,056..99 901.76 _ ALTERNATE: #2 ALTERNATE: #2 Revere Steber 10-15 days 11.96/ea. 13.79/ea. 861.12 992.88 less 2% 17.22 19.86 net 843.90 973.02 less 2% net 2. net 3. net 4. net 5. net 6. less 2% net less 2% net ALTERNATE: #3 Benjamin 10-15 days 11.99/ea. 863.28 17.27 846.01 Federal 8-10 weeks 98.37 196.74 Federal stoc k 80.53/ea. 80:53 Federal st oc k 50.16/ea. 50.16 Federal stock 39.98/ea. 39.98 .80 39.18 Sangamo 1 weeks 23.25/ea. 69.75 69.75 Square "D" 6-8 weeks 198.36/ea. 396.72 Square "D" factory stock to 4 weeks 175.56/ea. 175.56 Square "D" factory stock to 4 weeks 175.56/ea. 175.56 Square "D" factory stock to 4 weeks 54.50/ea. 54.50 54.50 ALTERNATE: F.O.B. factory 40.00/ea. 40.00 .80 39.20 Westinghouse stock 75.48/ea. 150.96 Westinghous e stock 70.38/ea. 70.38 West ingh ous e stock 42.84/ea. 42.84 West inghous e stock 52.05/ea. 52.05 1.04 51.01 Electrical Supply Corporation Revere factory stock 11.28 812.16 812.16 ALTERNATE: Revere . 11.32/ea. 815.04. 16.31 815.04. ALTERNATE: #2 Crouse -Hinds 1 week 13.64/ea. 982.08- 982.08 Square "D" 175.00/ea. 350.00 Square "D" 154.89/ea. 154.89 Square "D" 154.89/ea. 154.89 Square "D" 46.86/ea. 46.86 , 46.86 DeWitt Electric Company Steber 13.20/ea. 950.40 95 0.40 Bid No. 540 Continued) net less 2% net less 2% net less 2% net less 2% net UMA Group C, type 6 less 2% net less 2% net less 2% net NEMA Group D, type 6 less 2% net less 2% R� Nunn Electric Nelson Electric Westinghouse Supply Corporation Supply Company Electric Supply Company NO BID Westinghouse 2 weeks• 320.00/ea. 320.00 Paranite 2 weeks 179.o0/M' 268.50 5.37 263.13, 42.31/ea. 40231.00 84.62• 4,146.38 ALTERNATE: 40.98/ea. 40,98.00 81.96 4,016.04 ALTERNATE: #2 31.07 3,107.00 62.14 3,044.86 ALTERNATE #3 37.28/ea. (50 to each) 36.20/ea. 38.74/ea. 14.98/ea. 1,498.00 -29.96 . 1,468.04 ALTERNATE: #2 -31.07/ea. 3,107.00- 62.14 3,o44.86 ALTERI-a TE TO #2 40.98/ea. 4,098-00 81.96 43016.04 17.63/ea. 1,763.00 35.26 1,727.94 ALTERNATE: #1 20.27/ea. 2,027.00 40.54 1,986.46 Hazard factory stock 161.10/M' 241.65 4.83 236.82 30.78/ea. 3,078.00 61.56 - 3,016.44 11.85/ea. 11185.00 23.70 1,161.30 13.96/ea. 1,396.0o 27.92 1,368.08 General Cable stock 179.00/M' 268.50 5.37 263.13 37.50/ea. 3,750.00 75.00 3,675.00 ALTERNATE: 26.09/ea. 2,6o9.00 52.18 21556.82 ALTERNATE: #2 29.11 2,911.00 58.22 20852.78 15.55/ea. 1,555.00 31.10 11223.90 ALTERNATE: #1 12.7q/ea. 1,278.00 25.56 1,252.44 ALTERNATE TO #2 13.79/ea. 1,379.00 27.58 1,351.42 17.01/ea. lo70l-OO 34.02 11666.98 ALTERNATE: #1 14.91/ea. 1,491.00 29.82 11461.18 Electrical Supply Corporation Roebling 152.15AI' 228.23 228.23 27.01/ea. 2,701.00 75.00 2,701.00 ALTERNATE: 35.19/ea, 3,519.00 3,519.00 ALTERNATE: #2 38.52/ea. 3,852:00 3,852.00 ALTERNATE: #3 29.32/ea. 2,932.00 net ALTERNATE: #4 38.67/ea. 3,867.00 net 12.34/ea. 1,234.00 11234.00 ALTERNATE: #2 13: 64/ea; 1,364.00 1,364.00 ALTERNATE TO #2 11.2$/ea. 1,128.00 1,128.00 14.15//ea. 1,415.00 1,415.00 14.40/ea. 1,440.00 1,440.00 DeWitt Electric Company (50) (50) 34.17 36.57 (Bid No. 540 Continued) Nunn Electric Nelson Electric Westinghouse Supply Corporation Supply Company Electric Supply f _ T y Company 14.09/ea. 115.67/ea. 1,409.00 1067.00 Less 2% 28.18 31.34 net 1080.82 1035.66 15.26/ea. 1,526.00 less 2% 30.52 net 1,495.48 NEMA Group B, type 5 less 2%' net less 2% net less 2% net. less 2%' net less 2% net less 2% net less 2% net BRAND DELIVERY F.O.B. TERNS ICU CING 42.31/ea. 32.07/ea. 4,231.00 3.1207.00 84.62 64.14 49146.38 3,142.86 ALTERNATE: #1 38.78/ea. 3,878.00 77.56 32800.44 ALTERNATE: #2 38.78/ea. 3,878.00 77.56 3,800.44 32.36/ea. 3,236.00 64.72 3,172.28 34.81/ea. 3,481.00 69.62 3,411.38 36.20/ea. 3,620.00 72.40 3,547.60 32.16/ea. 32216.00 64. V 3,131.68 Delivery in 15 days Factory stock Delivery in 10-15 da. As above As above Lubbock Lubbock except Item 6a, F.O.B. As above As above 37.50/ea. 3,750.00 75.00 3,675.00 24.61/ea. 2,461.00 49.22 2,411.78 25.35/ea. 2,535.00 50.70 2,484.30 Shipping Point., Freight prepaid As above Firm Electrical Supply DeWitt Corporation Electric Company 16.05/ea. 1,605.00 1,605.00 13.30/ea. 1,330.00 19330.00 18.46/ea. 1,84 6.00 net 23.40/ea. 2,340.00 2,340.00 34.17/ea. 3,417.00 3,417.00 30.35/ea. 3,035.00 3,035.00 38.52 (35.31) 3,852.00 3,852.00 30.55/ea. 3,055.00 3,055.00 32.85/ea. 30285.00 3,285.00 on original bid add extra .85 and .62 for 2 conduct- or cable. factory stock Lubbock Lubbock As above 2% - 10 days Firm After consideration of all bids, motion was made by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the purchase to be made as follows: Accept the bid of Electric Supply Corporation for purchase of items 1, 8 and 9; -Accept-the bid of C. B. Anderson Company for purchase of item 2; Accept the bid of Westinghouse Electric Supply Company :br purchase of items 3, 4, 5 and 7; Accept the bid of Nunn Electric Supply Corporation for purchase of item 6. 4-12-618-1065 The following bids were read for purchase of firemen's Dress Uniforms being Bid No. 542. FIR19041S DRESS UNIFORMS, BID N0. 542 (;LOSER 5-17-54 .TEM Levine's Depart- J. C. Penny The Fechheimer Hirsh Tyler 0. ment Store Company Company Company 12 Firemen's dress NO BID 33.00/ea. 27.70/ea. 33.00/ea. uniform coats. 396.00 332.40 396.00 - ALTERNATE: •#1 ALTERNATE: #1 28.40/ea7. 30.00 340.80 360.00 ALTERNATE: #2 30.80 369.60 '. 224 Firemen's dress NO BID. 14.70/ea. 12.05/ea. 14.50/ea. unifcrm trousers 3,292.80 2,699.20 31248.00 ALTERNATE: #1 ALTERNATE: #1 12.70/ea. 12.75/ea. 2,^4. 80 2.85 6.00 ALTERNATE: #2 14.40/ea. 3�,225.60 ' S. 109 Firemen's dress NO BID 4.25/ea. 3.00/ea. 3.85/ea. uniform caps. 463.25 327.00 419.65 ALTERNATE: #1 ALTERNATE: #1 3:05/ea. 3.70/ea. 332.45 403.30 ALTERNATE: #2 3.20/ea. 348.80 F. 336 Firemen's dress shirts 2.39/ea. 2.38/ea. NO BID NO BID gray chambray shirts 2 803.04 779.68 pockets with button flap. TOTAL 4,951.73 BRAND B and W Items 1,2,&3 #4932- Stillwater Penny's #312 R34 Item 4 - ALTERNATE: #1 Touncraft #4632 ALTERNATE: #2 #4532 - extra .80 for metal snake -cap straps for officers DELIVERY 10 days to 6 weeks 5-1/2-6 weeks 14 days 2 weeks F.O.B. Lubbock Lubbock Lubbock Lubbock TERMS net net net 30 days net 30 days PRICING Firm Firm After consideration of all bids, motion was made by Commissioner Thomas, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest, and Thomas voting Yea, none voting Nay, to authorize acceptance of the bid of Fechheimer• Company for purchase of items 1, 2 and 3,. .Accept the bid of J. C. Penny Company for pur- chase if item 4. ii.-12-618-1066 Bids as follows were read for purchase of books for the Lubbock Public Library, being Bid No. 549. BOOKS FOR PUBLIC LIBRARY, BID NO. 549 .Baker and Taylor The H. R. Huntting Texas News Company Com= Company, Inc, 816 books as per bid request number 549 closing May 19,.1954 2,121.46 21,176.54 2,219.59 Price of items omitted 140.50 166.45 141.00 GRAND TOTAL FOB TERMS PRICING 54-12-619-1067 ITEM NO, 1. 20,000 Lineal feet 6" Vitri- fied clay sewer tile. less 2% net 2. 10,000 Lineal feet 811 vitri- fied clay sewer tile, less 2% net 3. 50o 6,, X 4" X 3011 wyes, le ss 2% net less 2% net 4. 2o0 6„ X 411 X 3011 tees Less 2% net less 2% net 2,261.96 2042.99 2,360.59 Lubbock, Texas Lubbock, Texas Lubbock, Texas Net- Net Net Firm After consideration of all bids, motion was made by Commissioner Forrest, seconded by Commissioner Carpenter.. motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, -none voting Nay, to authorize acceptance of the bid of Baker and Taylor Company for purchase of this order of library books. Bids as follows were read for purchase of 30,000 linear feet of sewer tile and 1,100 pieces of sewer tile fittings being bid No. 557. SEWER TILE, BID NO. 557, CLOSED 5-19-54 Clowe and Cowan Homer G. Maxey Morrison Southern Amstan Incorporated and Company _ Supply Co. Company Supply .305/f t• 6,10o.o0 122.00 5,978.00 .505/ft. 5,050.00 101.00 4,949.00 1.26/ea . 630.50 12 ..61 617.89 ALTFMATE: 6X4X18„ .956 478.00 9.56 468.44 1.261/ea. 252.20 5.04 247.16 ALTERNATE: 6X4X18" .956 191.20 3.82 187.38 Division .305/ft . .305,1ft . .31/ft . .302/ft. 6,100.00 6,100.00 6,200.00 6,040.00 122.00 122.00 124.00 120.80 5,978.00 51978.00 61076.00 5,919.20 .505/ft. 5,050.00 101.00 4,949.00 1.26/ea, 630 . q0 12.60 617.40 ALTERNATE: 6X4X18„ .95 475.00 9.50 465.50 1.26/ea. 252.00 .5.04 246.96 ALTERIJAT'�;: 6X4X18" ..95 190.00 3.80 186.20 . 505/ft. 5,050.00 101.00 4,949.00 1.261/ea. 630.50 12.61 617.89 1.261./ea. 252.20 5.04 . 247.16 .51 5,100.00 102.00 4,998.00 . 500/ft , 5,000.00 100.00 41900.00 1.327/ea. 1.248/ea. 663.50 624.00 13.27 12.48 650.23 611.52 1.327/ea 265.40 5.31 26o.09 ALTER4ATE: 6X4X18" .946 473.00 9.46 463.54 1.248/ea. 249.60 -.00 244.60 ALTERNATE: 6X4X18" .946 189.20 3.78 185.42 Texas Vitrified Pipe Company .305/ft. 6,100.00 122,00 5,978.00 .505/ft. 5,050.00 101.00 4,949.00 1.261./ea. 630.50 12.61 617.89 1.261/ea. 252.20 5.04 247.16 aid No. 557 Continued) 7ENi Clowe and Cowan Homer G.Maxey Morrison Southern Amstan Texas Vitrified Incorporated and Company Supply Co. Company Supply Pipe Company Division 200 811 x 41' wyes. x 3611 2.66/ea. 2.66/ea. 2.66/ea. 2.52/ea. 2.63 /ea. 2.66/ea. 532.00 532.00 532.00 504.00 526.00 532.00 less 2% 19.64 10.64 10.64 10.08 10.52 10.64 net 521.36 521.36 5?1.36 493.92 515.48 521.36 . 200 811 X 411 X 361, tees 2.66/ea. 2.66/ea. 2.66/ea. 2.52/ea. 2.63/ea. 532.00 532.00 532.00 504.00 526.00 less 2% 10.64 10.64 10.64 10.98 10.52 net 521.36 521,36 521-36 493.92 515.48 GRAND TOTAL 12,834.77 IzAaL.24 19493 ..77 121197 212�2$, BRAND Tex Vitrified Texas Vitified Texas Vitrified DELIVERY As required As required As required Immediately As required As required on pipe approx. and complete on pipe 3- on pipe 3 weeks on in 45 days. 4 weeks on 3 weeks on tees and wyes wyes and wyes and tees. tees. F.O.B. Lubbock Mineral Wells Lubbock Lubbock Lubbock Factory with freight allowed TERMS 2% 10th. 2% loth 2% loth 2% 10th- �2% 10th 2% 10th Prox. days net net/15th 30 days PRICING 15 days firm After consideration of all bids, motion was made by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea,,none voting Nay, to authorize the purchase -to be made as follows: Accept the bid of Amstan Supply Division for purchase of items 1, 2, 3, and Accept the bid of Southern Company for purchase of item 6. In th@ event the Southern Company refuses.to ship items as set out in item 6, authorization is hereby given for purchase of the 200 8 inch.by 4 inch by 36 inch sewer tile tees. 4.-12-620-1068 Bids as follows were read for purchase of 16,000 lineal feet of various sizes water pipe, being -bid No. 558. - Bid #558, May 19, 1954 8000 I,. k'. of -8" C150- Price per --Flur Areet in Sq. In.. Total CompanyCompariy Spec. Lin. Ft. S . In. per L.F. Price Delivery L American Cast Iron Pipe Co. A21.8 2.025 56.4118 0.03590 $16,200.00 6 wks. • Dallas, Texas Z. Johns -Manville Co. Houston, Texas 3. Morrison Supply Co. Lubbock, Texas ►. Viking Supply Co. Dallas, Texas 5. - Viking. Supply .Co. Dallas, Texas 6. U. S. Pipe & Fondry Co. Dallas, Texas 7. Lone Star Steel Co. Dallas, Texas 1. American Cast Iron Pipe Co. Dallas, Texas 2. Johns -Manville Co. Houston, Texas C400-53-T 1.911 C400-53T 1.88 C400-53T 1.88 A21.6 2.385 48.396 0-03948 48.398 0.0388 48.398 0.0388 51.619 0.0462 A21.6 2.170 51.619 0.0420 4000 L.F. of 10" C150 A21.8 2.704 86.8379 0.03114 C400-53T 2.59 78.54 0.03297 15,288.00 7 days 15,040.00 immed. 15,040.00 10 days 192080.00 3 wks. 17060.00 30 days 10,816.00 6 weeks 10060.00 7 days (Bid No. 558 Continued) 3. Morrison Supply Co. Lubbock, Texas 4. Viking Supply Co. Dallas, Texas 5. Viking Supply Co. Dallas, Texas 6. U. S.- Pipe & Foundry Co. Dallas, Texas 7. Lone Star Steel Co. Dallas, Texas Price per Spec. Price per Area in Sq. In. Total Delivery Lin. Ft. Sq. In. per L. F. Price C400-53T 2.43 73.594 0.0330 9,720.00 Immed, C400-53T 2.43 73.594 0.0330 9,720.00 10 days 2.67 28.290 0.0341 10,680.00 10 days A21.6 3.145 80.039 o.o393 12,580.00 3 wks. A21-r6 2.90 80.039 0.0362 11,600.00 30 days 4000 L. F. of 12" C 150 1. American Cast Iron Pipe Co. A21.8 3.463 123.8010 0.02797 13,853.00 6 weeks Dallas, Texas 2. Johns -Manville Co. C400-53T 3.376 Houston, Texas 3. Morrison Supply Co. C400-53T 3.17 Lubbock, Texas 4. Viking Supply Co. C400-53T 3.17 Dallas, Texas 5. Viking Supply Co. 3.48 Dallas, Texas 6. U. S. Pipe & Foundry Co. A21.6 3.975 Dallas, Texas 7. Lone Star Steel Co. A21.6 3.74 Dallas, Texas 113.097 0.02985 105.1375 0.0301 105.1375 0.0301 113.097 0.0308 115.276 0.0344 115.276 0.0324 13,504.00 7 days 12,680.00 Immed, 12,680.00 10 days 13,920.00 10 days 15,900.00 3 weeks 14,960.00 30 days After con siderat ion of all bids submitted, motion was made by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the purchase to made as follows: Accept the bid of American Cast Iron Pipe Company for purchase of this water pipe. 54-12-621-1069 Bids as follows were read for purchase of parking meters, being Bid No. 560. PARKING kiETERS, BID N0. 5602 CLOSED 5-20-54 ITEM NO. Magee -Hale Park-O-Meter Co. Dual Parking Meter Compan__ y 1. 50 Bronze color single head parking 52.80/ea. 53.00/ea. meters with necessary parts for one 2,640.00 2,650.00 penny for 12 minutes; 2 pennies 24- less 2% 132.00 less 2% 132.50 -minutes and one nickel for 24 minutes operation. Name plates to read as specified by the City of Lubbock. net price 2008.00 net price 2,517.50 2. 150 Silver Color eingle head parking 52.80/ea. 53.00/ea. meters with necessary parts for one 7,920.00 7,950.00 nickel for 1 hour operation and with less 2% 396.00 less 2% 397.50 parts needed to convert to one penny for 12 minutes; 5 pennies for 1 hour and 1 nickel for one hour operation. net price 7024.00 net price 7052.50 Name plates to read as specified by the City of Lubbock. GRAND TOTAL 10,032.00 GRAND TOTAL 10,070.00 Less trade-in of 200 old Dual 2,400.00 2,200.00 parking meters NET GRAND TOTAL 7,632.00 NET GRAND TOTAL 7,870.00 Brand Park-O-Pieter Dual Automatic F.O.B. Lubbock, Texas Terms 5%-60 days 5%-30 days Delivery 45 days 30 days Pricing Firm Firm After consideration of both bids, motion was made by Commissioner Forrest, seconded by Commissioner Carpenter, motion.carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the parking meters tote purchased from Magpe Hale Park-O-Meter Company. 4-12-622-1070 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1569 was passed as an emergency measure. ORDINANCE NO. 1569 Lubbock County Control 67-7-24 AN ORDINANCE PROVIDING FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE AND rIAINTEN- ANCE OF AN OVERPASS PROJECT AT THE INTERSECTION OF U. S, HIGHWAY 87 WITH THE PROPERTIES AND. TRACKS OF THE PANHANDLE AMID SANTA FE RAILWAY COPIPANY IN THE CITY OF LUBBOCK, TEXAS AND AUTHORIZING THE iviAYOR OF THE CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAKE, A CERTAIN CONTRACT BETWEEN THE CITY, THE STATE OF TEXAS AiD THE RAILROAD C01%4PANY PROVIDING FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE AND IIAINTEN- ANCE OF SAID OVERPASS PROJECT; FOR THE GRANTING OF LICENSE AND .PERiviISSION BY THE RAILROAD C6MPANY FOR SAID PROJECT; FOR THE PAYtIENT, BY THE STATE OF TEXAS, OF THE CONSTRUCTION COSTS OF SAID PROJECT; FOR THE ASSUI&TION, BY THE CITY, OF ALL D"M GVS TO ADJOINING, ABUTTING AND OTHER PROPERTY AND BUSINESS AND TO TENANT Oft OCCUPANT THEREOF; FOR THE EROTECTION OF THE STATE OF TEXAS AND THE RAILROAD COmPANY AGAINST ALL SUCH DAMAGES AND EXPENSES IN CONNECTION WITh ANY CLAIM OR SUIT THEREFOR; FOR THE kAINTENANCE OF THE OVERPASS PROJECT; AND DECLARING AN EIXMGENCY AND PROVIDING ThAT THIS ORDINANCE SHALL BE EFFECTIVE FROM.AND AFTER ITS PASSAGE. Lubbock County STATE OF TEXAS Control 67-7-24 -6 1 r UG 546(20) COUNTY OF LUBBOCK U.S.Hwy. 87 a THIS AGREE[viEN Y made this 27th day of May, 1954, by and between the State of Texas, hereinafter called the "State," Parr of the First Part, and Panhandle and Santa Fe Railroad Company a corporation hereinafter, whether one or more, Walled the. "Railroad Company" Party of the Second Part, acting by and through R.G. R,ydin , its Vice rresident under and by virtue of authority shown in Exhibit I'D" attached hereto and made a part thereof; and the City of Lubbock, Texas., acting by and through its duly authorized officers under J an Ordinance passed the 27th day of May, 1954, hereinafter called the "City," Party of the Third Part: W I T N E S S E T H: WHEREAS, the City has authorized the construction of an overpass project by Ordinance passed on the 27th day of May, 1954, on U. S. Highway 87 in the.City, over, on, and across the rails and property of the Railroad Company; and WHEREAS, the United States Government has alloted money to the State so that said State may use this.money to aid in the construction of overpass and underpass projects within the corporate limits of municipalities, in order to eliminate railroad grade crossings and the hazards created by and incident to such railroad grade crossings; and WHEREAS, the City has requested the State to contribute financial aid in the construction of said overpass project; and WHEREAS) The State has made it known to the City that it will assist the City in the construction of said Overpass project by furnishing the necessary funds for the actual construction of said overpass project and by preparing plans, awarding of construction con- tract, supervising construction, and by assisting in the maintenance of said projest, providing the City approves the plans, specifications, grades and alignment of same, and after construction will maintain certain features of said overpass project, and provided further that the City assumes responsibility for all damages to adjoining, abutting, and other property occasigned by or resulting from the installation, construction, existence, use and maintenance of said overpass project and the passage and enforcement of the Ordinance hereinabove referred to. AGREEMENT: I11OW, therefore, in consideration of the premises and of the mutual covenants and agree- ments of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: 1. For and in consideration of the mutual covenants/cony Wed, the City does hereby agree that all damages and claims for damages to adjoining, abutting or other property, if any there be, arising ,out of, incident to, or in any way connected with the installation, the construction, the use, or the existence or the maintenance of said project shall be adjusted and paid solely by the City and the City shall and does hereby agree to hold harm- less said Railroad Company and the State of Texas against any and all claims, demands and causes of action for recovery of any and all such damages arising out of the installation, the construction, the use, or the existence or the maintenance of said project, and agrees to assume the defense of any and all suits brought for the recovery, of all such alleged damages, and shall intervene and makgitself a party therein in its own name, if it is not already made a party thereto, for the purpose, and shall if requested in writing by the Railroad Company or the State of Texas so to do, wholly relieve said Railroad Company and the State of Texas from defending the same, and hereby agrees to hold said Railroad Company, the State of Texas and each of them,"harmless as to court costs, attorneys? fees and all expenses in connection with such suits, and hereby assumes and agrees to pay all judgments recovered against said Railroad Company and/or the State of Texas by reason of the -con- struction, the installation, the use and/or the existence and/or the maintenance of said project. 2. As its contribution to the building of the abovementioned ov rpass project on U. S. Highway 87 in the City of Lubbock, the State Agrees to prepare da�isrOan�especifications, and supervise construction thereof and to pay all of the cost of the actual construction of said above mentioned overpass project. 3. That the State will maintain the roadway, sidewalks, drainage structures and over- pass structure and the City will maintain all street lights, traffic lights and signal devices and sweep, flush and otherwise keep said project in a clean and sanitary manner, and nothing contained herein shall ever be construed to place upon the Railroad Company and/or the State of Texas any manner of liability for injury to, or death of persons, or for damage to, or loss of property arising from or in any manner connected with the maint- enan ce or use of the overpass project located either on or off of the Railroad Company's right-of-way and the City will save the Railroad Company and the State of Texas harmless from any damages arising from said maintenance and/or the use of said project. 4. The City agrees to pay to the State promptly the cost of making repairs to the subgrade or surfacing made necessary by reason of the installation, repair, removal, or ad- justment or any such publicly or privately awned utilities or services, which may occur after the completion of the overpass project. 5. The City agrees that it will refrain from passing anardinance fixing a speed limit on the above mentioned overpass project of under twenty (20) miles per hour nor will it allow the erection of signs, semaphores and/or signals that will give perference to local routes which intersect with the said overpass project, nor that will slow up, hinder or delay traffic on said above mentioned overpass project., 6. It is understood and agreed by and between the parties hereto that the City, by virtue of the provisions of its charter and the laws of the State of Texas, has exclusive control and jurisdiction of all streets and public ways within the incorporated limits of said City, and that the City has requested and has consented to the construction of the overpass project hereinabove named, and the State in the construction of the above named overpass project does so at the special instance and request of the City and that the plans and specifications showing and describing among other things the grades and alignment for said project, copies of which are attached hereto and made a part hereof, and hereby ex- pressly approved by the City and in so constructing said overpass project, the State Highway Department of the State of Texas acts as the agent of the City in the construction thereof. 7. The Railroad Company hereby grants to the City, license and permission for the installation, construction, existence, use and maintenance of the aforesaid overpass project across its property and over its tracks. In granting said license and permission, however, the said Railroad Company does not waive or relinquish any title that it may have in said street, nor in accepting said license and permission, the City does not waive any title in said street which it may possess. IN TESTITVIONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. PkiHANDLE AND SANTA FE RAILWAY CC,1PANY By: R.G. Rydin ATTEST: (Title) Vice President E F Browder Secretary for Railroad Company RECOilviENDED: General Manager for Railroad Company Chief Engineer for Railroad Company APPROVED AS TO FORk: Attorneys for Railroad Company Indemnification THE STATE OF TEXAS: Certified as being executed for the purpose and effect of acti- vating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State High- way Commission: By; ( unable to read signature) Administrative Engineer REGODvvIENDED FOR APPROVAL: Randle B. Alexander Bridge Engineer (�na b E,,4) read ign rnnin-er Road Design APFROVED AS T u FORIvi Assistant Attorney General CITY OF LUBBOCK, TEXAS BYr Zsl L well R_ Trim.__� Mayor /s/ Lavenia Lowe Secretary for City 0-53-87 D-5 4 12- 624-1071 NOTICE OF ZONING HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Commission will -hold a public hearing on the 27th day of May, 1954 at 2:00 o'clock P.M. in the City Commission Room on the First Floor of the City Hall, in Lubbock, Texas to consider the recommendations of the Zoning and Planning Commission that the zoning district of the property herein describ- ed be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Commission will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation. ZONE CASE NO. 05 - Request of C. R. Ballenger to change Lots 3 and 4. Block 1, 34th Street Addition Annex from the "F-1" District to the "G" Zoning District (34th Street and Avenue X). /s/ Lavenia Lowe Lavenia Lowe, City Secretary - Treasurer This being the date set for hearin in the above notice, the hearing was held. No person appeared to protest thiszon 1Kr. Lynn Andrews appeared representing the City Planning Commission, stating that the zone change was recommended by the Planning Commission and the change is in order. Whereupon, motion was made by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest, and Thomas voting Yea, none voting Nay, to authorize the hearing to be closed and Ordinance No. 1570 passed on first reading. ORDDANCE NO. 1570 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 661 AND THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONING CASE N0. 475 - CHANGE LOTS 3 AND 4, BLOCK 1, 34TH STREET AUDITION ANNEX FROM THEIR PR=T ZONING TU THE "G" ZONING DISTRICT, (34th STREET AND AVENUE "X"). 4-12-624-1072 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas v oting,Yea, none voting Nay, Ordinance No. 1571 was passed on first reading. ORDINANCE N0. 1571 AN ORDINANCE ESTABLISHING BUILDING LINES,ON INDIANA AVENUE BETWEEN 40TH STRhM AND 44TH STREET IN ACCORDANCE WITH A COMPREHENSIVE STREET IMPROVKViEN T PROGRAM; DECLARING THAT PUBLIC CONVENIENCE, NECESSITY AND SAFETY REQUIRE THE EXTENSION, OPENING, WIDENING, CONSTRUC- TION AND IMPROVEMENT WITHIN SUCH BUILDING LINES; PROVIDING FOR SETBACKS ACCORDING TO ZONING ORDINANCE NO. 661; PROVIDING THAT NO BUILDING OR OTHER STRUCTURE SHALL BE REPAIRED OR PLACED BETWEEN THE BUILDING LINES; EXCEPTING PUBLIC UTILITIES ON F-UBLIC PROPERTY BETWEEN BUILDING LINES; REQUIRING THAT STRUCTURES CONFORM TO SUCH BUILDING LINES AND SETBACK PROVISIONS OF ORDINANCE NO. 6610 AS AMENDED, WITHIN FIVE YEARS; DEFINING BUILDING LINE; AND AUTHORIZING PUBLICATION OF THE CAPTION OF THIS ORDINANCE. +-12-624-1073 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following Resolution was passed. R E S O L U T I O N WHEREAS, on the 21st day of May, 1954, the City of Lubbock Civil Service Commission did adopt certain changes in the Civil Service Rules and Regulations in the Firemen's and Policemen's Civil Service Rules; and, WHEREAS, it is believed desirable that such amended rules and regulations become ef- fective to more clearly define and clarify certain portions of said Firemen's and Policemen's Civil Service Rules; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COkildSSION OF THE CITY OF LUBBOCK: THAT the amendments to the Firemen's and Policemen's Civil Service Rules, as adopted by the City of Lubbock Civil Service Commission be approved by the City Commission of the City of Lubbock, subject to the condition that all conditions and precedence to the passing and adopting of such amendments by the City of Lubbock Civil Service Commission was performed. On motion of Commissioner Carpenter, seconded by Commissioner Thomas, the foregoing Resolution was passed on this, the 27th day of May, 1954, by the following vote: Commissioners voting "YEA": Baker, Carpenter, Forrest, Thomas and Mayor Tripp Commissioners voting "NAY": None /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer R E S O L U T I O N WHEREAS, in the interest of promoting the efficiency of the Fire and Police Depart- ments of the City of Lubbock, and the establishment of more effective control and more equitable policies relating to the personnel of such departments; and WHEREAS, for other reasons, it is believed desirable to more clearly define and clarify certain portions of the Firemen's and Policemen's Civil Service Rules for the City of Lubbock, and to make certain revisions and additions thereto in order that same will more nearly conform with certain current personnel policies of the City which are applicable to both classified and non -classified employees; NOW, THEREFORE, BE IT RESOLVED BY THIS 001"IIIS6I0N, That Section 71 of Rule XI, Section 96A of Rule XV, as amended October 3, 1951, and Section 130 of Rule XXV, be re- pealed and the same are hereby repealed, and revised texts are hereby adopted in lieu and in place thereof, as set forth under sub -items (b) of Items 1, 2, and 4 of the attach- ed Exhibit "B", to which reference is hereby made; And that Rule XXIV be amended so as to add and include Section 132B, and that Rule XXV be amended so as to add and include Section 130A, and the same are so amended and added, as indicated under Items 3 and 5 of the attached Exhibit "B", to which re- ference is hereby made; and BE IT FURTHER RESOLVED, That an official copy of this resolution be transmitted, through the City Manager, to the Honorable Mayor and City Commission of the City of Lubbock, with copies of Exhibit "B" attached thereto, with the recommendation that the revisions and additions herein referred to be duly and properly ratified by such officials. Adopted by the City of Lubbock Civil Service Commission, this 21st day of May, A.D. 1954. Isl Warlick Carr ATTEST: Warlick Carr, Chairman Isl B. H. Meskimen B. H. Meski.men, Director and Secretary RESOLUTION OF EXHIBIT "B" CITY OF LUBBOCK CIVIL SERVICE 001,1RISSION Adopted May 21, 1954 Repealing,revising, and amending certain Rules and Sections of Firemen's and Policemen's Civil Service Rules for the City of Lubbock, as follows: 1. Repealing Section 71 (Rule XI) and substituting revised text therefor as follows: (a) Present Text: Whenever two (2) competitors shall attain the same grade, the applicant filing his application on the earliest date shall be listed first. (b) Revised Text: In the event two (2) or more competitors in any examina- tion shall make identical Final Grades (including basic grades plus additional credits for military service, seniority, or efficiency) thereon, the order of their rank or placement on the Eligible List established by such examination shall be determined on the basis of the date of receipt of their applications by the Director of Civil Service, or, in the case of promotional examinations, the date of receipt of Notice of Intention Form relative to such examination, the earliest date to be given prior rank or placement. Should applications or Notice of Intention of two (2) or more competitors earning identical final grades also bear identical dates, then the order of eligible rank of such persons shall be determined on the basis of the basic grade (before additional credits) earned by such persons on the examination. 2. Repealing Section 96A (Rule XV, as amended October 3, 1951), and substituting revised text therefor, as follows: (A) Present Amended Text: 1. Promotional examinations in the Fire Department shall be open to all employees who have held a position for two (2) years or more in the classification immediately below in salary of the classifica- tion for which the examination is to be held; except where there is not a �I sufficient number of employees in such next lower classification with two (2) years service in same to provide an adequate number of persons to take I! the examination in question, then the Commission may, at its option and discretion, (1) waive the two-year minimum service with regard to thenext lower classification and extend eligibility to employees currently holding positions in such classification, or (2) extend eligibility to employees in the second lower classification in salary to that for which the examination in question is to be held, or (3) permit and authorize the provisions of �I both items (1) and (2) of this paragraph. !t 2. (a) Promitional examinations for all classifications in the Police Department up to and including those of SOrgeant in the Uniform Division and Detectives in the Detective Division, shall be open to all classified employees who have had not less than two (2) years service in the Depart- ment; (b) Promotional examinations for all classifications in the Police Department above those of Sergeant in the Uniform Division and Detective in the Detective Division, and except as provided in Item (c) of this sub- section, shall be open only to employees who have had not less than two (2) years service in the classification and dixisLm for which the examination is to be held; except where there is not a sufficient number of employees in such next lower classification and division to provide an adequate number of persons to take the examination in question, then the Commission may, at its option and discretion, (1) waive the two year minimum service requirement with regard to the next lower classifica- tion and division, or (2) extend eligibility to employees in the second lower classification in salary and division for which the examination in question is to be held, or (3) permit and authorize the provisions of both items (1) and (2 ) of this paragraph. (c) Eligibility for promotional examinations in the Police Department for classifications involving duties and/or supervision in more than one division of the department, shall be determined by the Commission and stipulated in the required notice of such examination. (B) Revised Text: All promotional examinations for positions in the Fire and Police Departments shall be open to employees in such departments who have held a position for two (2) or more years, in the classifica- tion immediately below in salary that of the classification for which such examination is to be held, and provided and except as follows: (a) Where it develops or is determined that there is not a sufficient number of eligible employees in the next lower classification, as above defined, to provide what the Commission considers to be an adequate number of competitors for such examination, then the Commission may waive the two-year service requirement of other employees in such next lower classification, or (b) If the action authorized under (a) above shall still fail to provide what the Commission considers to be an adequate number of competitors for a promotional examination, then the Commission may extend eligibilitylbr same to include employees who have held positions for not less than two (2) years in the second lower classification be- low that for which the promotional examination is to be held. No person with less than four (4) years actual and respective service in the Fire or Police Department shall be eligible for promotion to the rank of Captain in such d apart- ment s . 3. Amend Rule XXIV so that same will include Section 132-B, reading as follows: Section 132B - Employees returning from a period or periods of leave totaling more than sixty (60) days may be required to undergo and pass the physical and medical examination currently required incident to initial employment in classified positions of the Fire and Police Departments, and/or otherwise to furnish to the depart- ment head of such department satisfactory evidence cf their general physical and mental ability to perform and discharge the duties and responsiblities of the position to which they seek reinstatement. Failure to promptly comply with this requirement, or to qualify thereunder, will constitute grounds for the dismissal of such employee. These provisions shall not apply to leaves incident to disability resulting from injuries sustained in line of duty, nor to sick leave with pay totalling ninety (90) days or less. 4. Repealing present Section 130 (Rule XXV) and substituting revised text therefor, as follows: (a) Present Text: Every employee in the classified service who has served continuously under regular employment for one (1) year, shall receive vacation with full pay of fifteen (15) days, to be taken at such time as the department head may designate. Vacation allowance will not be cumulative from year to year. (b) Revised Text: Classified employees will be eligible for vacation with pay at the rate of fifteen (15) days for each twelve months of service, the taking or use of same to be upon approval of the department head, and to be integrated with or adjusted to the calendar year as hereinafter provided. As a matter of mutual convenience, after completion of not less than six (6) months service, and on the assumption of continued employ- ment, now employees will be eligible to use or take the amount of vacation earned during the preceeding calendar ,year. The allowing of terminal pay forunused vacation time being in the nature of a gratuity by the City, same will not be allowed or authorized until after completion of a full year of service, and then only for such period or portion thereof as shall have been earned during the proceeding calendar year. Vacation time shall not be accumulatbd or retained beyond the calendar year immediately follow- ing the year in which same is earned and credited to the employee. (NOTE: by Civil Service Director) The above proposed amended text for this section is intended to cause the Civil Service Rules to conform with current general personnel policies regarding both classified and non- classified employees. Such general policies are also in conformity with an interpretation and opinion submitted to the Director by Assistant City Attorney Fred 0. Senter, under date of May 19, 1954.) 5 5. Amend Rule XXV .so as to provide and include the following text: Section 13OA- Special Authorized Holidays: Calculated on the basis of the current calendar year, and otherwise in accordance with the provisions of City Ordinance No. 1092; classified employees will be eligibleto leave with pay on certain designated holidays, and to take or observe same in connection with their annual vacation leave, as provided for under Section 130 of these Rules. However, no terminal pay will be allowed or authorized covering holiday time not used by the employee prior to termination, nor for any holiday which might occur or fall during the period for which terminal vacation or sick/Lpay ea js computed. In the event of termination, unearned holidays which may have been taken in advance, in connection with vacation leave and in accordance with the provisions of said ordinance, will be charged against the terminal pay of the employee. 54-12-625-1074 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Comrrd ssicners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1572 was passed on first reading. OtiDLNANCE 140. 1572 AN ORDINANCE AASNDING SECTION 10'. "EXHIBIT All., OF ORDINANCE NO. 894; REPEALING ORDINANCE NOS. 913, 1077, 1275 and 1436 THEREBY RECLASSIYFING ALL POSITIONS IN THE POLICE DEPARTMENT OF THE CITY OF LUBBOCK; CLASSIFYING AND ➢EFINII, THE DUTIES, RESPONSIBILITIES, SPECIAL REQUIRaiFM S AND QUALIFICATIONS OF EACH POSITION; PROVIDING A MAXINi'UM NUMBER CF POSITIONS FOR EACH CLASSIFICATION. 54-12-625-1075 Motion by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter,, Forrest and Thomas voting Yea, none voting Nay, the following Resolution was passed. R E S O L U T I O N WHEREAS, the City Commission has heretofore determined that the City would contribute the customary city portion of from ten (10) to forty (40) per cent of the cost of street paving improvements, as determined by side and front property, to be constructed in accord- ance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting 39th Street from Gary Avenue to Hartford Avenue have requested permission to have pavement improvements constructed on the afore- mentioned 39th Street and the paving of said 39th Street is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS., H. T. Laughter and the other o-Aners of the property abutting on the herein described street will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the abovemention- ed plans and specifications under the supervision of the city Engineer, and the said owners desire that the City contribute its customary share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $4403.74, the total cost not over $4623.93, and the City's share in connection therewith would not exceed $288.39, leaving the property owner's portion not to exceed $4335.54, such costs being well within the current prices for paving obtained by competitive bidding, and that such payment to be made by the City is reasonable fair and just to the abutting property owners, the City and all other persons affected thereby, and that the sum of $288.39 will be duly budgeted in the 1954-1955 budget, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specifications for paving on the streets herein described, provided that such plans and specifications meet the usual requirements for paving on streets within the corporate limits of the City of Lubbock; said streets being as follows, to -wit: Unit No. 1605. 39th Street from its intersection with East Property Line of Gary Avenue to its intersection with the East Property Line of Hartford 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 Engineer and acceptance of such improvements by the City Commission, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of the cost of the abovementioned improvements a sum not to exceed $68.20 which is the City share $288.39 less $220.19 engineering, leaving the amount due the contractor from the property owners not to exceed $4335.54. Section 2. This authority is conditioned that H. T. Lauder and the other owners of abutting property and the contractor will pay for all material and labor and costs incidental to such construction, indemnify the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the 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 H. T. Laughter and other o-vners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said 39th Street and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum $68.20 to the contractor after December 15, 1954. On motion of Commissioner Baker, seconded by Commissioner Carpenter, the foregoing resolution was unanimously passed by the City Commission this 27th day of May, 1954. ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary /s/Murrell R. Tripp Murrell R. Tripp, Mayor I, H. T. Laughter, representing myself and the remaining owners of abutting property on the abovementioned streets, and Kerr and Middleton, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the consideration therein stated. H. T. Laughter By: /s/ H. T. LaughBr Kerr and Middleton BY: /s/ James C. Kerr Approved: /s/ W. B. Holmes W. B. Holmes, City Engineer Approved: /s/ Vaughn E. Wilson Vaughn E. Wilson, City Attorney ;4-12-626-1076 Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following Resolution was passed: R E S O LU T I O N WHEIaAS., the City Commission has heretofore passed Ordinance No. 917 on June 9, 1949, which Ordinance levied and assessed various properties in the City of Lubbock certain specified amounts for street improvement purposes; and. WHEREAS., such Ordinance was filed in the Deed Records of Lubbock County, Texas, on the 15th day of June, 1949, in Volume 391, page 6, constituting an apparent lien on certain property in a portion of Paving Unit 876 covering North Avenue "N" from Bates to Baylor Street which certain property being Lot One (1), Block Four (4), Wayside Addition to the City of Lubbock, Texas was assessed $348.53 in the name of Latin American Council; and, WHEREAS, such paving on North Avenue "N" from the NPL of Bates Street to the NPL of Baylor Street, as intended to be made, has in fact not been made nor assessment levied by virtue of such Ordinance and there is no intent in the immediate future plans of the City for such paving, and from the further fact that the owner of such property has requested and is desirous of obtaining a release on all such property owned by such individual in such lot and block abovementioned from the apparent lien created by such Ordinance abovementioned; NOW THEREFORE, BE IT RESOLVED BY THE CITY COPMSION 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 Wayside Addition, an addition to the City of Lubbock, Lubbock County, Texas releasing any cloud of title or apparent lien created by virtue of Ordinance No. 917 insofar as it affects Lot 1, Block 4, Wayside Addition by virtue of a notice of intention to pave that property abutting such described property on North Avenue "N", such release being made in favor ofone Latin American Council, in whose name the property was assessed in such Ordinance on all that property lying and being situated in Lubbock, Lubbock County, Texas and being further described as follows, to -wit. - Lot 1, Block 4, Wayside Addition, an Addition to the City of Lubbock, Lubbock County, Texas Section 2. THAT, such release is to contain the provision that such release does not in any way affect any property or liens not specifically described therein as being released, and that all liens and apparent liens against propexty owners not otherwise released being ex- pressly retained in such release. On motion of Commissioner Forrest, seconded by Commissioner Baker, the foregoing Resolution was approved and passed on this 27th day of May, 19541, by the following vote: Commissioners voting "YEA": Baker, Carpenter, Forrest, Thomas and Mayor Tripp Commissioners voting "NAY": None ATTEST: /s/ Lavenia Lowe" Lavenia Lowe, City Secretary -Treasurer R E L E A S E THE STATE OF TEXAS COUNTY OF LUBBOCK /s/ Murrell R. Tripp Murrell R. Tripp, Mayor WHEREAS, heretofore on the 15 th day of June, 1949s the City of Lubbock filed its Ordi- nance No. 917 in the Deed Records of Lubbock County, Texas, such instrument being recorded in Volume 391, page 6 of the Deed Records of Lubbock County, Texas, such Ordinance containing a notice of improvements and an apportionment of the cost of such improvements by assessing a lien upon the property abutting thereon; and, WHEREAS, in such assessment Ordinance there was included Lot 1, Block 4, Wayside Addition, Lubbock, Lubbock County,, Texas, on which property the amount of $348.53 appor- tionment constitutes a cloud and apparent lien against such property for paving which was proposed on North Avenue "N" abutting such property; and, WHEREAS, said notice of improvement in fact has created no lien against the property hereinafter described by reason of the notice of improvement for the paving on North Avenue "N" for the reason that such property has not been paved and there is not immediate plan of paving North Avenue "N" abutting such property by virtue of Ordinance No. 9171, passed June 9, 1949, and LATIN AMERICAN COUNCIL having requested such property released from the cloud and apparent lien on such title; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS; That the CITY OF LUBBOCK., acting by and through its officer duly authorized by Resolution of the City Commission on the 27th day of May, 1954, in consideration of the premises and ONE and N0/100 ($1.00) DOLLARS cash in hand paid by LATIN ANERICAN COUNCIL to the CITY CF LUBBOCK., does hereby and by these presents RELEASE, RELINQUISH AND FOREVER QUI`1'CLAIM to LATIN AMERICAN COUNCIL., their heirs, executors, ad- ministrators and assigns, all right, title and interest it has in and to the following described property which has arisen by virtue of such lien or apparent liens on all such property lying and being situated in Lubbock, Lubbock County, Texas, and being further described as follows, to -wit: Lot 1, Block 4, Wayside Addition, an Addition to the City of Lubbock, Lubbock County, Texas This Release in no way affects any property or/liens not specifically described herein, and all liens and apparent liens against property owners not otherwise released are hereby expressly retained. EXECUTED this 27th day of May, 1954. CITY OF LUBBOCK BY: /s/ Murrell R. Tripp ATTEST: /s/ Lavenia Lowe Lavenia. Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Murrell R. Tripp, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that*he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 27th day of May, A.D., 1954 (SEAL) /,Vjj,-pxine McCandless NOTARY PUBLIC, Lubbock County, Texas 54 12-627-1077 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following Resolution was passed. R E S O L U T I O N WHEREAS, the Panhandle & Santa Fe Railway Company through its Slaton Division, rile 2527024, has agreed to permit the installation and construction of a forty-five (45") inch parallel water line, a distance of 17,100 feet on the Railway's right-of-way between Roundup, Hock -ley County, and Lubbock, Lubbock County, also two (2) twenty-four (24") water line crossings as outlined in red coloring on the Railway's Exhibit A, Sketch DEOS, No. 5015, dated March 26, 1954, for a total consideration of One Hundred and No/100 ($100.00) Dollars, with the additional requirement that the City execute Railway Company's Form 1658, Standard Pipe Line License without charge except as shown by letter dated May 17, 1954, attached hereto, for the consideration of which the City of Lubbock is tc assume all liability related to use of the Railway's right-of-way; and, WHEREAS, it is contemplated that actual construction of the pipe lines is needed forth- with, and prior to the time of actually executing aforesaid license agreement, it being imperative that such construction be not delayed; THEREFORE, BE IT RESOLVED BY THE CITY COMIMISSION OF THE CITY OF LUBBOCK: THAT the Mayor BE, and he is hereby, authorized to execute the attached letter agreement dated at Lubbock, Texas, May 17, 1954, addressed to Mr. J. H. Blake, Acting Superintendent, Panhandle & Santa Fe Railway Company,•Slaton, Texas, and the City Secretary is authorized and directed to attest the same and immediately cause to be forwarded to the addressee. Copies of all attachments including the letter to be executed by the Mayor, shall be retained in the files of the City Secretary and/or Engineering Department. On motion of Commissioner Thomas, seconded by Commissioner Carpenter, the foregoing Resolution was duly passed on this, the 27th day of May, 1954, by the following vote: Commissioners voting "YEA": Baker, Carpenter, Forrest, Thomas and Mayor Tripp Commissioners voting "NAY": None ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer VEW: gf 5-25-54 Mr. J hn L. Scott Asst.ity Engineer CITY 0? LUBBOCK Lubbock, Texas Dear Sir: Your letter of April 19th. /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor Slaton, Texas May 17, 1954 File: 2527024 We will permit this installation for consideration of $100.00 flat, and allow license of a perpetual nature. If the City desires to go ahead with the work, before completion of the agreement, they may do so, after signing of the attached statement, in duplicate, by the Mayor of the City of Lubbock, assuming all liability, regardless of nature or how caused, and execution of agreement when same is presented. Yours very truly /s/ J. H. Blake Acting Superintendent Lubbock, Texas May 17, 1954 Mr. J. H. Blake, Acting Superintendent Panhandle & Santa Fe Railway Co. Slaton, Texas Dear Sir: In consideration of license granted by Panhandle and Santa Fe Railway Company to the City of Lubbock, Texas, for the installation of a 45-inch parallel water line for a distance of 17,100 feet between Roundup, Hockley County, and Lubbock, Lubbock County, also two 24-inch water line crossings, as shown outlined in red coloring on the Railway Company's Exhibit "A" sketch DEOS No. 5015 dated March 26, 1954s the City hereby agrees to execute Railway Company's Form 16.58 Standard, Pipe Line License,, when same is presented, without alteration, other than changes made by Railway Company, wherein the termination provision is lined out and the following inserted in lieu thereof: "This LIC04SE is given by the Lic nsor and accepted by the Licensee upon the egress coT&WQn that the same_gha_U bP.,a la�'c�aAd�e�r i 1�A �.�a oI1 ads_. th_e_ �C2visom c t ,ker ein are f a:U_UUUy MrLorme1 kY t t& Licenses. Upon any abandonment of the PIPE LINE by the Licensee, or upon any termination of this license, the Licensee agrees to remove the PIPE LINE from the right of way of the Licensor and to restore the right of way and tracks of the Licensor to substantially their former condition. In case the Licensee shall fail to restore the Licensor's premises as aforesaid within thirty (30) days after the effective date of t erminat ion, the Licensor may proceed with such work at the expense of the Licensee. Such termination shall not release the Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the PIPE LINE is removed and the right of way and tracks of the Licensor restored as above provided. "If at any time during the term hereof the Licensor shall desire to make use of its property with which the PIPE LINE will in any way interfere, including the relocation of existing or the construction of new tracks, pole lines, wires, conduits, etc., in which it shall have an interest, the Licensee shall at the Licensee's own cost, within thirty (30) days after receiving written notice from the Licensor to such effect, make such changes in the PIPE LINE as in the judgment of the Licensor may be necessary to avoid interference with the proposed use of its property." Pending execution of Form 1658 Standard Pipe Line License, as referred to above, and in consideration of permission granted to proceed with the installation immediately, the City of Lubbock further agrees to, at all times, indemnify and save harmless the Railway Company against and to pay in full, all loss, damage or expense that the Railway Company may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, stte WI �4-12-629-1078 54-12-629-1079 of repair, or presence of the PIPE IJNEv including any such loss, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of persons, (c) mechanics or other liens of any character, or (d) taxes or assessments of any kind. Yours truly CITY OF LUBBOCK, TEXAS By /s/ Murrell R. Tripp MAYOR ATTEST: /s/ Lavenia Lowe Motion by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, authorizing Ordinance No. 1573 passed as an emergency measure. ORDINANCE NO. 1573 AN ORDINANCE AlliENDING SECTION. 1 OF ORDINANCE 1148 ENTITLED "AN ORDINANCE AUTHORIZING THE ESTABLISHMENT, ERECTION AND MAINTENANCE OF MECHANICAL TRAFFIC C014TROL LIGHTS AT CERTAIN INTERSECTIONS IN THE CITY OF LUBBOCK; CITY COkVIISSION BY RESOLUTION TO DESIGNATE THE DEPART- NMT OR OFFICER RESPONSIBLE.FOR THEIRECTION AND MAINTENANCE OF THE MECHANICAL TRAFFIC CONTROL LIGHTS; PROVIDING FOR DETERMINATION AND SETTING OF TIME CYCLE ON EACH OFTHE MECHANICAL TRAFFIC CONTROL LIGHTS; PROVIDING A PENALTY; REPEALING ALL ORDINANCES OR PORTIONS OF ORDINANCES IN CONFLICT HEREWITH; AND DIRECTING THE CITY SECRETARY TO CAUSE PUBLICATION OF THE DESCRIPTIVE CAPTION OF THIS ORDINANCE TOGETHER WITH THE PENALTY CLAUSE AS PROVIDED BY LAW." SO AS TO ADD AND INCLUDE IN SAID SECTION 1 THE INTERSECTION OF 15TH STREET AND AVENUE "L"; AND DECLARING AN Elv,ERGENCY. Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following Resolution was passed. R E S 0 L UT I O N WHEREAS, the Citizens National Bank of Lubbock, Texas, depository for the City of Lubbock, desires to substitute securities and to rel6ase certain United States Treasury Bonds pledged to secure funds on deposit; THEREFORE, BE IT RESOLVED BY THE CITY CONTZSSION OF THE CITY OF LUBBOCK: That the Citizens National Bank of Lubbock, Texas, be, and it is hereby, authorized to replace One Million and No/100 ($1,000,000.00) Dollars, two and three -eights (2-3/8%) per cent U. S. Treasury Bonds of 1958, Receipt No. 47232, issued by the Republic National Bank of Dallas, Texas, and in lieu thereof to replace said securities with One Million and No/100 ($1,000,000.00) Dollars, two and one-fourth (2-1.%) per cent U. S. Treasury Bonds of June 1962-59, and fu,ther providing that bonds of similar kinds shall remain on deposit at all times adequate to secure the City's balance with said depository. On motion of Commissioner Forrest, seconded by Commissioner Carpenter, this Resolution was passed this the 27th day of May, 1954, by the City Commission by unanimous vote. ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer SG:,gf 5-26-54 /s/ Murrell R. Tripp Murrell R. Tripp, Mayor 54-12- 629-1080 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor ^- Tripp and Commissioners Baker., Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the Mayor to execute the following Mackenzie Park Playgrounds Lease Agreement between the City of Lubbock and Sam Caplan. MACKENZIE PARK PLAYGROUNDS LEASE MRSENTNT THE STATE OF TEXAS 0 KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK 0 THAT the following agreement made and entered into by and between the CITY OF LUBBOCK, Texas, hereinafter called "City", acting by and through its officers heretofore duly auth- orized to execute this instrument, and upon the recommendation of the City of Lubbock Park and Recreation Commission, subject to the approval of the State Parks Board, and SAM CAPLAN, hereinafter called "Caplan", of Lubbock County, Texas, for and in consideration of the premises hereinafterset out, by these presents, leases an area in the Mackenzie State Park known as Mackenzie Park Playgrounds; W I T N E S S E T H: 1. That for and in consideration of the rental as hereinafter provided, the City of Lubbock, does hereby lease and let to Sam Caplan, all of the area in Mackenzie State Park known as Mackenzie Park Playgrounds, which such area is more fully described and designated on the attached map, which is made a part of this contract for all purposes, in the County of Lubbock, State of Texas, and within the corporate limits of said City of Lubbock for a term of fifteen (15) years, beginning the 1st day of January, 1956, and term- inating the 31st day of December, 1971, if not sooner terminated by mutual agreement, or as hereinafter provided. 2. Caplan agrees as an independent contractor to operate, or have operated by his -employees, all concessions in said Mackenzie Park Playgrounds in a manner that will be acceptab] t„ the City of,Lubbock, the Lubbock Park and Recreation Commission and the Texas State/g�AP or their duly authorized agents, and to see that none of the laws, rules, regulations or ordinances of the City of Lubbock, the Lubbock Park and Recreation Commission, the State of Texas, and the Texas, and the Texas State Parks Board, are violated or broken. This agreement applies to all existing laws, rules, regulations, ordinances and any others that may become effective while this agreement remains in force. 3. Caplan further agrees, binds and obligates himself to keep said Mackenzie Park Play- grounds in a clean and sanitary condition, maintain all plants, trees, grasses, buildings and improvements in such a state of repair as the same are in at commencement of the term, reasonable use and wearing thereof expected, and in the case of plants, trees, #rasses, buildings and improvements placed in such area during the continuance of this lease contract, they shall be kept in such a state of repair as the same are in at the time of their installation or construction, reasonable use and wearing thereof excepted. In helping to maintain the area of Mackenzie Park Playgrounds, the City agrees, within its discretion, to furnish a parking lot or lots of sufficient size to meet the needs of the public in -their use of the playgrounds. The City agrees to furnish water for the upkeep and maintenance of the playground areas and the concessions located thereon. Caplan agrees to furnish adequate protection for all park property within the scope of this contract, but is not responsible for, and is not obligated to replace, capital losses suffered due to fire, windstorm, war, riots, and/or Acts of God. 4. Caplan agrees to make capital improvements on Mackenzie Park Playgrounds which, in his opinion, will enhance the value, patrons' use, or revenue of Mackenzie Park Playgrounds, and any permanent improvements such as buildings, etc., so placed by Caplan on Mackenzie Park Playgrounds shall become the property of the City at the expiration of this lease agreement, provided, however that all temporary improvements such as rides, etc. shall remain the personal and remQvable property of Caplan. 12 Caplan shall operate the Mackenzie Park Playgrounds mlely as an independent contractor, furnishing evidence of paid tublic liability insurance covering all contingent liabilities as may be required by the Lubbock Park and Recreation Commission, and/or the City of Lubbock, and further, it is expressly understood and agreed that as an independent contractor Caplan shall be solely responsible for all accidents, claims or damages of any kind or nature which may occur as a result of any action, inaction or operation contemplated by this contract, and the said Sam Caplan, does hereby covenant and agree to indemnify and save harmless the City against any such cost, claim, damages or demand which may arise. 1.2 The City and its duly authorized agents and representatives are hereby authorized by Caplan to at all times and seasons enter the Mackenzie Park Playgrounds and all buildings and equipment for the purpose of inspecting the entire area for all lawful purposes and to inspect and audit all books, records, files and other matters pertaining thereto, which Caplan shall at all times maintain and make available to such authorized representatives; and further, the City retains the right to make improvements in Mackenzie Park Plygrounds which, in the discretion of the City, are necessary or desirable in order that the public might obtain full enjoyment of such premises. 7. Caplan agrees to notify and request approval in writing of the City for any and all changes, additions or alterations in the design and placement of facilities in Mackenzie Park Playgrounds. 8. The City retains authority to approve all charges for food, drinks and rides, etc., and no change from such prices so established shall be made except upon written approval given by the City. 9. Caplan shall at all times maintain a numbered ticket system with all numbers running in a consecutive order, and a detailed report of the gross income from all sources shall be furnished to the City, together with the money which shall be due and owing to the City as a result of each months operation, on the last day of each and every month, and further, Caplan is hereby required to keep a complete, accurate and detailed financial bookkeeping system which shall be subject to audit as hereinabove provided. 10. The consideration for the execution and acceptance of this lease agreement is payable as follows: (a) Caplan shall pay the City a rental of $300.00 per year during the term of this contract as rental on the office and concession building and for the privilege of conducting business within the building, which business shall include but is not restricted to the sale of food and drink. This annual consideration of $300.00 per year is payable yearly in advance; the first payment to be paid on January 1, 1956, and a like amount on the first day of January for each succeeding year during the life of this lease contract. (b) In addition thereto and as a part of the consideration for the execution of this contract Caplan shall pay to the City a monthly rental for the usq of the entire playground area in the amount of five per cent (5%) to twelve and one-half (12'J%) per cent of the gross take on all income derived from the operation of the golf driving range, rides and any and all concessions not includingfood or drinks and business carried on with- in the concession building as provided for above, or the sum of One Thousand Two Hundred ($1,200.00) Dollars per annum, whichever sum is the greater amount. It is agreed that such percentage of gross to be paid by Caplan to the City will be five per cent (5%) for the first two (2) years of this contract, and the said five per cent (5%) basis will be subject to being raised to a maximum of twelve and one-half per cent (122%) at the end of said two (2) year period, if the City so desires, and the decision and determination of the City shall be final in this regard; and further, such percentage basis shall be subject to change every two (2) years thereafter during the term of this lease contract or any extension hereof, with the express understanding that the minimum shall be five per cent (5%) and the maximum being twelve and one-half (12J%) per cent, but in no event shall Caplan pay the City less than One Thousand Two Hundred ($1,200.00) Dollars per annum as rental on the playground area. It is understood and agreed by and between the parties that "gross take on all income" shall be construed to mean all sums of money coming into the hands of Caplan as a result of the operations of .Mackenzie Park Playgrounds after the deduction of all amusement taxes and excluding money received from food, drink and business carried on within the concession building, which such concession building is designated as such on the attached map, which is made a part of this contract for all purposes. 11. Caplan convenants that he will not assign this lease, nor sublet the whole or any part ofsaid premises without first having obtained the written consent and approval of the City Commission of the City of Lubbock and the Park and Recreation Commission and, When required, the consent of the Texas State Parks Board. 12, Provided, always, and these presents are upon this condition, that if Caplan does or shall neglect or fail to perform and observe any or either of the covenants contained in this instrument which, on the part of Caplan, are to be performed, or shall be declared bankrupt according to law, or if any assignment shall be attempted to be made of said pro- perty for the benefit of creditors, then in either of said cases, the City may lawfully and immediately or at any time thereafter, and without further notice or demand enter into and upon the premises or any part thereof in the name of the whole, and repossess the same, and expel Caplan and remove his effects (forcible, if necessary) without being taken or deemed guilty of any manner of trespass, and without prejudice to any remedies which might other- wise be used for possession or for arrears of rent, and that upon entry as aforesaid the rights of Caplan in this lease shall cease and be ended. 13. It is mutually agreed and understood by and between both parties hereto, that at the expiration of this lease, the same may be renewed for a period not to exceed ten (10) years, with the terms and conditions to be agreed upon by both parties. THIS CONTRACT EXECUTED IN QUADRUPLICATE this, the 27th day of May, A.D., 1954. (CORP. SEAL) ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer APPROVED, CITY OF LUBBOCK PARK AND RECREATION COMMISSION By: /a/ K. N. Clapp Chairman /s/ Murrell R. Tripp CITY OF LUBBOCK., by its Mayor /s/ Sam Caplan SAIA CAPLAN APPROVED: TEXAS STATE PARKS BOARD By: /s/ Gorden K. Shearer Executive Secretary 4-12-632-1081 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to approve loan in the amount of $120,000 from the General Fund of the City of Lubbock to the Water.Bond Fund. Said amount to be repaid to the General Fund, from Water Bond Funds, on June 11, 1954, said bond funds being on time deposit for release on June llth. .4-12-632-1082 Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay., to authorize transfer of $109,000 from the Paving Fund of the City of Lubbock to the General Fund of the City of Lubbock. This amount being necessary to finance expenditures in the 1953-1954 City Budget. This money to not be repaid to the Paving Fund. ;4-12-632-10Q Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Forrest, Carpenter and Thomas voting Yea, none voting Nay, to authorize the Hub City Little League to hold a parade at 10:30 A.M., May 29, 1954. Said parade to consist of approximately fifty cars and five school bands. The parade to start from Sears -Roebuck Building on 13th Street, continuing east on 13th to Avenue H. North on Avenue H to Broadway and west on Broadway to College Avenue. ;4-12-632-1084 The following report was given to the City Commission: At present, the women traffic control officers are issuing approximately 300 tickets a week to vehicles owned by people reporting for jury duty and parking their vehicles in the vicinity of the County Court House, These tickets are processed along with all other tickets given out in the City and are later excused by the Judge because of the person was serving on jury duty. Excusing of these tickets has resulted in many man hours and con- siderable cost to the Corporation Clerk's Office. Considering the weekly cost of the issuing of 300 tickets and the filing of 300 tickets and removal of 300 tickets from the files, it would be wise to either issue some type of permit to people serving on the jury so that they could get free Barking on our parking meters or assess a fine of $1.00 for each ticket given, to defray the expense of giving and filing these tickets. i4-12.-632-1085 Motion by Commissioner Forrest, seconded by Commissioner Carpenter,,motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize appointment of Dr. C. Basil Moss and Mr. Charles L. Waters to serve as member of the City -County Child Welfare Unit, for a term commencing June 1, 1954. May 19, 1954 54-12-632-1086 Mr. Steve Matthews City Manager City Hall Lubbock, Texas In Re: Southern Little League Dear Mr. Matthews: The above 'tittle League has recently been organized here in Lubbock. Of course, as you are probably aware, this is a non profit organization and must rely solely on contributions for its operation. There are approximately 250 boys making use of the grounds and facilitiespreeently existing. The main playing field has been grassed; the costs of watering the field under the present water rates is almost prohibitive; inasmuch as such enterprise is more or less a public thing, I was wondering if the City, through the Commission might not make some adjustment in the cost of watering the grounds. If you think the above request is in order, would you at your earliest convenience take this matter up with the Commission and let me have its reaction. With best personal regards, I remain, GG/fj1 Yours very truly, /s/ George Gann George Gann, President Southern Little League Consideration was given to the above letter wherein request is made for adjustment in the cost of water rates for watering Little League Baseball grounds in Lubbock$ and motion was made by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize a charge of fifteen cents (15¢) per 1,000 gallons to be made for water used for watering of grass in the Little Leagues' Fields in Lubbock. 54-12-632-1087 The following bids were received for sale of: A tract of land out of the NWr, of the SE� of the NE-1 of Survey 14, Block B, Lubbock County, Texas, and originally being the North 10 acres, more or less, of Block 7 of the L. D. Kinser Sub. as recorded in Deed Records of Lubbock County, Texas, Volume 139, page 170, said tract being bounded on the north by 38th Street, on the south by 40th Strut, on the east by Boston Avenue and on the West by Canton Avenue, and being more particularly described as follows: Beginning at a point 690 feet :.est and 1350 feet South of the Northeast corner of Survey 14, Block B. Lubbock County, Texas for the NE corner of this tract; Thence South 605 feet to a point; Thence West 605 feet to a point; Thence North 605 feet to a point; Thence East 605 feet to the point of beginning. Lubbock, Texas May 27, 1954 Honorable Mayor and City Commissioners, Bids on Jack City of Lubbock, Lewis Park Lubbock, Texas. land returned to Mr. Grimes . Gentlemen: Please consider my bid herein,, for the purchase of City owned land known as the Jack Lewis Park, bounded on the North by 38th Street, the East by Boston Street, the South by 40th Street and on the West by Canton Street, my bid being as follows: Amount of bid is Forty One Thousand Six Hundred Dollars, ($41,600.00), payable with $11,600.00 cash and the balance of $30,000.00 payable on or before one year from date of purchase, with City retaining a Vendor's Lien Note at 6% interest per annum. Enclosed is Cashier's Check in the amount of $2500.00 representing the 5% or more, required with this bid. Yours very truly, /s/ W. R. Slaton P. 0. Box 3035 Lubbock, Texas Phone No. 3-0645 Honorable Mayor of Lubbock, Texas Ply Bid for the Jack Lewis land as advertised for sale by the City of Lubbock, Texas; is as follows. ($38,035 No/100) Thirty Eight Thousand and Thirty Eight Dollars. /s/ J. E. Reid J. E. I ''ID 3202 23rd Street Lubbock, Texas May 27, 1954 City of Lubbock, Texas Attn: Mr. Roy L. Grimes Purchasing Agent Lubbock, Texas Gentlemen: I submit herewith my bid of twenty-two thousand five hundred and forty-four dollars ($22,544.00) for the tract of real estate to be sold by the City to the highest bidder in accordance with the public notice published in a recent Lubbock paper. The property originally being the North 10 acres, more or less, of Block 7 of the L. D. Kinser Sub, said tract being bounded on the north by 38th Street, on the South by 40th Street, on the east by Boston Avenue, and on the west by Canton Avenue. Enclosed herewith is Cashier's Check No. payable to City of Lubbock, Texas in the amount of one thousand one hundred twenty-seven dollars and twenty cents ($1,127.20) whichAs five percent (5%) of my bid as required by the notice. Yours very truly, /s/ J. E. Blakey, Jr. May 25, 1954 City Commission City of Lubbock City Hall Lubbock, Texas Gentlemen: Pursuant to your notice to bidders published in the Avalanche -Journal, I submit the following proposal; I propose and offer to purchase the tract of land described in the notice to bdders, a copy of the advertisement of such notice being here to attached, for a cash consideration of $40,000 dollars to be paid upon delivery to me of a general warrant deed and upon furnishing good and merchantable title thereto with a complete abstract of title certified to date of closing of the transaction, and upon the terms and conditions set forth in said not ice to bidders. Attached hereto is a certified check in amount of 5% of total amount of may bid to be held by the city of Lubbock subject to the conditions pertaining thereto in said notice. Respectfully submitted, /s/ L. C. Crews 3301 37th Street Lubbock, Texas BID TO: CITY OF LUBBOCK Lubbock, Texas May 26, 1954 PROPERTY DESCRIPTION A tract of land out of the NW4 of the SE41 of the NET of Survey 14, Block B, Lubbock County, Texas, and originally being the North 10 acres, more or less, of Block 7 of the L. D. Kinser Sub. as recorded in Deed Records of Lubbock County, Texas, Vol. 139, page 170, said tract being bounded on the north by 38th Street, on the south by 40th Street, on the east by Boston Avenue and on the west by Canton Avenue, and being more particularly described as follows: Beginning at a point 690 feet ;,,est and 1350 feet south of the Northeast corner of Survey 14, Block B, Lubbock County, Texas,for the NE Corner of this tract; Thence South 605 feet to a point; Thence West 605 feet to a point; Thence North 605 feet to a point; Thence East 605 feet to the point of beginning. For Land: 05,141.27 Improvements as required by the City of Lubbock: 8,859.73 44,001.00 Total bid for land and improvements ...................................... , • • • . • . v$ 44, 001.00 Forty-four thousand one and no/100..............................................Dollars Respectfully submitted, /s/ J. W. Langston J. W. LANGSTON 1401 Avenue Q Lubbock, Texas :after considering all of the bids, motion was made by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Balser, Forrest, Carpenter and Thomas voting Yea, none voting Nay, to authorize acceptance of the bid of W. R. Slaton in the amount of $41,600.00 for sale of this 10-acre tract of land. The sale of said land to be subject to approval of the City of Lubbock Park Board. 4-12-634-1088 Potion by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baler, Carpenter, Forrest, and Thomas voting Yea, none voting Nay, to authorize the Director of Public Works to drill and case four (4) water wells on lands in the Shallowater Well Field, Northwest of Lubbock, at a total estimated cost of $468.00. Payment hereby authorized to be made from Water Bond Funds, said wells to be drilled for observation purposes. 54-12-634-1089 Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Nayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize payment in the amount of $54.00 to Atcheson and Atkinson, Architects, for architectural services on warehouse relocation for General Telephone Company of the Southwest, Lubbock, Texas, payment of said $54.00 hereby authorized to be made from the Right -of -Way Bond Funds, GWO 740. The payment to the architects being based on three times the salaries paid for supervision plus direct cost and represents the total payment for architectural services on this project. There being three salaries in the amount of $18.00 each. 54-12-634-1090 Consideration was given the construction of a stone sewer to drain storm water from the vicinity of 34th Street and Quaker Avenue and the Director of Public Works was instructed to prepare plans and specifications for construction of a storm sewer to drain this area. Mr. W. B. Evans, W. C. Arnold, L. A. Jobe, and I. B. Walker appeared before the City Com- mission in this regard. 54-12-635-1091 The following petition was presented to the City Commission requesting the extension of a 6" sanitary sewer line to serve Blocks 2 and 3,Rio Vista Addition. To: City Commission City of Lubbock We, the undersigned being the owners of the lots herein designated request the free - extension of a 6" sanitary sewer line to serve Blocks 2 and 3 of Rio Vista Addition. Sewer service is needed in this area due to health conditions, but we are unable to pay the pro rata charge required for extension tD our properties, and also pay for connecting our premises with the sewer when it has been extended. Name Lot Block Street Address 1. Juan Hernandez 321 Ave. N 2. Antonio Compor 17 2 319 Ave. N 3. Ernest Ybarra 18 2 317 Ave. N 4. Magresio Ybarra 315 Ave,. N 5. Pablo Delgado 14 2 327 Ave. N 6. Natalio P. Munoz 8 2 316 Ave. 0 7. Alfredo Dioz 1 2 1508 Baylor St. 8. Jose Lara 2 2 1512 Baylor St. 9. Cleto Salazar 4 2 308 N. Ave. 0 The City Commission took the above request under advisement., 54-12-635-1092 Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize an expenditure of $1861.75 from Water Bond Funds to clear the 4th Street State Highway, Department paving project. Of this amount, $1443.75 is for installing 275 feet of 12 inch water main across the proposed highway at Quirt Avenue and $418 is to be spent for removal of a fire hydrant from the proposed paving area at 4th and Avenue A, said fire hydrant to be relocated. 54-12-635-1093 Motion by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize installation of a 12 inch sanitary/one across the proposed State Highway Department Paving Project at 4th Street and Oak Avenue, at an estimated cost of $535. Payment hereby authorized to be made from Sanitary Sewer Bond Funds for this installation. i 54-12-635-1094 The following proposal was received from C. A. Austin to convey to the City sewer)rights on one (1) acre of land .out of Section 83, Block "A", Lubbock, County, Texas., immediately north of Section 5, Block "A", Lubbock County, Texas on which the City of Lubbock has several water wells, this being known as the Northeast Well Field. May 20, 1954 Honorable Mayor and City Commission City Hall Lubbock, Texas Gentlemen: I, C. A. Austin, ,propose to sell to the City of Lubbock for the sum of six hundred dollars and no cents ($600.00) the water rights on one acre of land which is described as follows: Beginning at a point which is the southwest corner of Section 8, Block A in Lubbock County, Texas. Thence in a northerly direction along the west section line of said Section 8, a distance of 100.00 feet to a point; Thence in an easterly direction parallel to the south section line of said section, a distance of 435.60 feet to a point; Thence in a southerly direction parallel to the west section of said section a distance of 100.00 £eet to a point; Thence in a westerly direction along the south section line of said section, a distance of 435.60 feet to the point of beginning. Said tract containing one acre, more or less. Sincerely yours, /s/ C. A. Austin After consideration of the above proposal, motion was made by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize acceptance of Mr. Austin's proposal and payment of $600 to Lr. Austin for the water rights on this one 1, (1) acre of land. -12 ^636-1095 Motion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest fnd Thomas voting Yea, none voting Nay, to authorize the construction, with city forces.,/Oa 42 inch storm sewer extension in Boston Avenue from existing sewer line at 29th Street, south to 30th Street, this extension being authorized in an effort to alleviate a drainage condition at 30th Street and Boston Avenue; estimated cost of this extension is $4,800.00, payment of said amount being hereby authorized to be made from Storm Sewer Bond Funds. i4-12-636-1096 Motion by Commissioner Baker, seconded by Commissioner Thomas, motion carried, Mayor Tripp '- and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize transfer of $1936.19 from City of Lubbock ficcount No. 25-Y-8 to City of Lubbock 1946 Street Improvement Fund. This transfer being made in order to have sufficient funds for refund of overcharge for curb and gutters on West 19th Street, said refund having been authorized by the City Commission to be made. The total cost of this curb and gutter amounts to $17,266.43 for a footage of 12,085.8 ft., or an actual cost of $1.42365 per foot. Estimated cost collected was at $1.60 per foot. Six property owners have not yet paid, amounting to $1291.08 based on the rate of $1.43865 per foot. Effort is hereby authorized to be made by the City to collect the $1291.08 outstanding. 44-12-636-1097 There was discussion of passage of an ordinance to amend the present Plumbing Code, Ordinance No..981, in order to create a Plumbing Board, but action was deferred. ;4-12-636-1098 The following request was received from the Lubbock Bus Company: i'Iay 19, 1954 Mr. Steve -Matthews City Manager City Hall Lubbock, Texas Dear Mr. Matthews: The Lubbock Bus Company, Inc. would like to request a change in the night bus service in Lubbock on the 32nd Street, the 15th and Tech, the Green Acres and 28th Street, the Avenue H and 54th Street, the Avenue N and 38th Street, and the 19th and Ellwood bus line. As you can see from the monthly operating statements these lines have very few passengers after seven P.M. each day. These bus lines change to one hour service at seven P.M. The average number of passengers after seven P.M. on each line is as follows: 32nd Street & 15th & Tech 28 Green Acres & 28th & Ave. H 35 Avenue N & 38th & 19th Ellwood 25 The above figures represent an actual count of the passengers on these lines between the hours of seven P.M. until twelve midnight. We also request that all bus service be discontinued at seven P.M. on Sunday and that one hour service begin on the remaining bus lines at seven P.11. on Saturday. On March 15, 1954, we changed the down town connection of the 4th Street and North Arnett Benson and East Broadway. This was done to increase the bus service on the 4th Street North Arnett Benson line to twenty minute service. This was done on a trail basis. The patronage has not justified this change, therefore we will return these lines as they originally were, before the end of the 90 day trial period. JAF/mh Very truly yours, uUBBOCK BUS COKIi ANY, INC. /s/ J. A. Fortenberry, Jr. J. A. Fortenberry, Jr. Vice President The request of the Lubbock Bus Company, as set out in the above letter, for all bus service to be discontinued on the bus lines as set out in the•letter, at 7 P.M. on Sunday and that one -hour service begin on the remaining bus lines at 7 P.K. on Saturday, was taken under advisement. 4-12-636-1099 The following letter was received from the Lubbock Bus Company wherein it is requested that an increase be allowed for the fare of children under 12 years of age and children attending public school. Nay 19, 1954 Mr. Steve Matthews City Manager, City of Lubbock City Hall Dear Mr. Matthews: The Lubbock Bus Company, Inc. wishes to make application for a fare increase for children under twelve years of age and children attbnding public school. As you know, the existing fare for both of these is five cents. We wish to increase the fare on children under twleve years of age to eight (80) cents per ride, and public school students on school day to and from school seven and one-half cents (720) to be sold in books of twenty (20) rides each. A student that does not purchase the books and is over twelve (12) years old will pay the regular adult fare. You are already familiar with the operating statement of Lubbock Bus Company for the year of 1953. You will recall that the net loss on the operation was $20,672.65. In view of the fact that the gross business has not increased during the first four month of 1954, we feel that this increase is necessary. JAF/mh Very truly yours, LUBBOCK BUS CO�J-IANY, INC. /s/ J. A. Fortenberry, Jr. J. A. Fortenberry, Jr. Vice President After consideration of the above request for increase in bus fares for children it was unanimously agreed by City Commission to reject this request. 54-12-638-1100 Notion by Commissioner Thomas, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize acceptance of the following proposal of Leandro Garcia for acquisition of right-of-way�far Avenue "Q" northeast. This being all of Lot 11, Block 2, Rio Vista Addition, with all improvements including small house and out -building for a consideration of $2, 200.00. May 25, 1954 Original To the City Commission proposal Lubbock, Texas given to City Engineer The undersigned, being the owners of the property here#L described hereby make the 6-4-54 following proposal and offer to the City of Lubbock with respect to additional Right - copy returned of -Way required for Avenue "Q" North Drive, said property being: 6-8-54 All of Lot 11, Block 2, Rio Vista Addition to the City of Lubbock, Lubbock County, Texas. And that portion required by the City of Lubbock being described as follows: A tract of land comprising all of Lot ll, Block 2 of the Rio Vista Addition to the City of Lubbock, Lubbock County, Texas. Containing 0.092 acre more or less. To duly execute and deliver to the City of Lubbock and General Warranty Deed covering that portion of the above described property needed in consideration of the benefits .to my property and the sum of $2200.00, and the undersigned will deliver to the City of Lubbock, Texas, a Base Abstract, together with all supplements therein, down to the present date, and said abstract to show good and merchantable title in the undersigned name, free from any and all incumbrances. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours t ruly, Leandro Garcia / His Mark WITNESS BY: Joe Rluerta WITNESS BY: Pablo Delgado BE IT RESOLVED BY THE CITY COPdaSSION CF THE CITY OF LUBBOCK, that the foregoing proposal BE, and it is hereby accepted May 27, 1954. /s/ Murrell R. Tripp Mayor ATTEST: /s/ Lavenia Lowe City Secretary 54-12-639-1101 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest, and Thomas voting Yea, none voting Nay, the following resolution was passed. R E S O L U T I O N WHEREAS., the City of Lubbock is the owner of certain land now particularly described hereafter which is not being used for any purpose other than site and location for certain water wells owned and operated by the City of Lubbock; and, WHEREAS, The South Pldins Council 694, Boy Scouts of America, desires to lease said land for boy scout activities and use; and, WHEREAS,, it is de.med desirous and expedient to lease said lands to the South Plains Council 694, Boy Scouts of America, to be used for boy scout purposes and activities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO1,1,dSSION OF TH,, CITY OF LUBBOCK: THAT the N_ayor BE, and he is hereby, authorized and directed to execute a lease for one year for the consideration of One and no/100 ($1.00) Dollars, the following described lands to the South Plains Council 694, Boy Scouts of America, said lands being that portion of Survey 18, in Block A, Certificate 404, T. T. R. R. Co. all more particularly described by metes and bounds in that certain conveyance from J. A. Wilson and wife, Mary A. Wilson to the City of Lubbock dated December 8, 1926, recorded in Volume 103 at Page 482, Lubbock County Deed Records of the record of which instrument reference is here made for a more particular description and same is made a part hereof by such reference as though the same were copied in full herein, SAVE AND EXCEPT that certain portion of said tract lying on the east side thereof which lies outside of the present fence enclosing said premises, all of said lands being commonly known and referred to as the "Northwest Field". On motion of Commissioner Carpenter, seconded by Commissioner Thomas, the foregoing Resolution was approved and passed on this 27th day of May, 1954, by the following vote: Commissioners voting "YEA": Baker, Carpenter, Forrest, Thomas and Mayor Tripp Commissioners voting "i,AY": None /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer FOS : g f 5-27-54 LEA SE AGREEMENT THE STATE OF TEXAS CITY OF LUBBOCK TO COUNTY OF LUBBOCK SOUTH PLAINS COUNCIL 694, BOY SCOUTS OF AMERICA This agreement made the 27th day of May, 1954, by, the CITY OF ]SUB {OCK ad F ome Rule Municipality of Lubbock County, Texas, acting herein by its Mayor,/beNH er y�Itliorized "Lessor", and SOUTH PLAINS COUNCIL 694, BOY SCOUTS OF AiXRICA, duly incorporated under the laws of the State of Texas, acting herein by and through its President heretofore duly authorized by the membership of said. Council hereinafter called "Lessee", W I T N E S S E T H: 1. That Lessor does by these presents lease and devise unto said Lessee the surface rights only of all that certain tract or parcel of land situated in Lubbock County, Texas, being that portion of Survey Eighteen (18) in Block A, Certificate 404, T. T. R. R. Company, all as more particularly described by metes and bounds in that certain conveyance from J. A. Wilson and wife, Mary A. Wilson, to the City of Lubbock, dated December 8, 1926, recorded in Volume 103, at page 482, Lubbock County Deed Records, to the record of which instrument reference is here made for any further purpose of description as though same were copied in full herein, and same is made a part hereof by said reference, save and except that certain portion of said tract lying on the East side thereof which lies outside of the present fence enclosing said premises, which has been exploited for caliche and is used by Lessons Police Department,, and aame is expressly excluded and reserved to the use of Lessor, its agents or assigns, as well as all right of ingress and egress to and from the improvements now on or to be placed hereafter on said land by Lessor and to and from the land herein excluded and reserved, to be used by the Lessee for the term of one (1) year from the lst day of June, 1954, subject to the terms and provisions herein contained. 2. Lessee, in consideration of the use of the above described property, agrees to pay to Lessor the sum of One and No/100 ($1.00) Dollars per year, payable in advance. n 3. Lessee covenants and agrees to use said premises for scouting purposes as recognized by the Boy Scouts of America, and Lessee further covenants that said premises will not be used for any other purpose than scouting purposes, and that upon the expiration date of this rental agreement it will vacate said premises and redeliver possession thereof to Lessor, and leave all fences and gates and other improvements now on said land in good condition except R)r ordinary wear and tear. 4. Lessee further covenants that it will, through its duly authorized agents and re- presentatives, use due diligence to protect all property belonging to the Lessor now or hereafter to be situated on said premises, and will keep said premises cleared and cleaned of debris and trash that may be placed on said premises by reason of use thereof by any Scout Unit sponsored by the Lessee. 5. Lessee further agrees, binds and obligates itself to indemnify and save harmless the Lessor against each and every claim, demand cr cause of action that may be made or come against it by any person or persons by reason of or in any way arising out ofany injury or damage to said person or persons or any livestock that may be placed on said land or through any negligent act on the part of any representative or agent of Lessee or any other person in or about the above described premises. Lessee further covenants and agrees that this rental agreement will not be assigned or sub -let, in mole or in part, except upon the written consent of the City Commission. 7. The Lessor may, within its sole discretion, declare this agreement breached and cancel same in the event any covenant or condition herein is broken. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their officers, each thereunto duly authorized, on the date and year hereinabove first written. ATTEST: fsf Lavenia Lowe, City Secretary -Treasurer ATTEST: Secretary THE 'STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK By: /sl Lurrell R. Tripp MURRELL R. TRIPP, Mayor SOUTH PLAINS COUNCIL 694, BOY SCOUTS OF Akl=CA By: /sl Joe T. Salem JOE T. SAL&i, President BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared 11IURRELL 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 CF LUBBOCK and as MAYOR, for the purposes and con- sideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 27th day of May, A.D., 1954. (SEAL) THE STATE OF TEXAS COUNTY OF LUBBOCK Q fs/ Maxine McCandless Notary Public, Lubbock County, Texas BEFORE ME, the undersigned authority, on this day personally appeared JOE T. SkLEk'q President of South Plains Council 694, Boy Scouts of America, a corporation, 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, as the act and deed of the SOUTH FLAINS COUNCIL 694, BOY SCOUTS OF A%aRICAp and in the capacity therein stated. GIVEN UNDER MY HAND AND SE,,L OF OFFICE:, this 27th day of May.. A.D., 1954. Votary Public, Lubbock (S►L) County, Texas. Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize approval and adoption of the following Resolution passed by the County Commissioners' Court on May 24, 1954, wherein it is authorized that a City -County Welfare Board, composed of seven members, be appointed. 54-12-640402 R E S O L U T I O N WHEREAS, County Commissioner's Court has passed its Resolution dated May 24, 1954, establishing a Board to be known as the "City -County Welfare Board" and has presented a copy of said Resolution to the City Commission, said copy being hereto attached and mark- ed "Exhibit All; THEREFORE, BE IT RESOLVED BY THE CITY CO10,1SSION OF THE CITY OF LUBBOCK: THAT the terms of the Resolution attached hereto and marked "Exhibit All are approved and this Resolution shall constitute City Commissioner's joint passage and approval of said Resolution passed by the Commissioner's Court on May 24, 1954. Passed by a unanimous vote of the City Commission this 27th day of May, 1954. /s/ Murrell R. Tripp I11URRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer R E S O L U T I O N WHEREAS, the County Commissioners have, for some time, recognized a need for a joint City -County Welfare Department for the orderly disbursement of funds to the in- digent needy arising in the County of Lubbock and surrounding territory; and, WHEREAS, the County Commissioners deem it expedient and in the public interest to establishin conjunction with the City of Lubbock, a board for the purpose of recommending ways and means f)rthe orderly handling of the needs of indigent persons in the County of Lubbock; THEREFORE, .BE IT RLSOLVED BY THE COIIIv!ISSIOI.ERS' COURT OF LUBBOCK COUNTY, TEXAS: SECTION 1. There is hereby created and established, a board to be known as the CITY -COUNTY WELFARE BOARD to be composed of seven (7) members each of whom shall be resident citizens of the County of Lubbock and said Board shall be officially designated as the "CITY -COUNTY WELFARE BOARD". The members of said Board shall be appointed jdntly by the City Commission of the City of Lubbock and Commissioners Court of the County of Lubbock and shall hold their office for a term of three (3) years, except that two (2) of the members first selected shall hold office for a term of one (1) year and two (2) of the members shall hold office for the term of two (2) years and three (3) of the memb- ers shall hold office for the term of three (3) years, the term of each to be determined by lots and thereafter their successors shall hold office for three (3) years and until their successors are appointed. SECTION 2. Upon the death, resignation, removal or expiration of the term of office of any of the members of said Board, the City Commission shall jointly with the Com- missioners Court of Lubbock County, nominate and appoint a successor as a member of said Board, who shall hold his membership on said Board for the unexpired term of the member he is appointed to succeed, or for the period of three (3) years when the appointment is made due to the expiration of a Board member's term; and further provided that in the event the best interests of the public require th-e removal of any member of said Board, removal of such member shall be effected through appointment of such member's successor by unanimous vote of the City Commission and the Commissioners Court. SECTION 3. No sla.ry or compensation of any kind shall be paid to the , embers of the CITY-COU14TY WELFARE BOARD for their services as Board members. SECTION 4. When the City Commission of the City of Lubbock and the Commissioners Court of the County of Lubbock, has appointed the seven (7) members of said Board, as soon thereafter as is practicable, said members shall meet and organiz and shall appoint one of its members as Chairman, and one of its members as Secretary; and 't shall be the duty of the Chairman to preside at all meetings of the Board, and said Cha'rman shall not vote on any matter before the Board except in the event of a tie vote; and the Secretary of said Board shall keep a record of all the proceedings of said Board which shall., upon requ6st of the City Commission or Commissioners Court, be delivered to it for inspection and review. SECTION 5. Any and all recommendations made by said Board to the City and County Commissions shall be by the concurring vote of five (5) members of the Board, provided, however, this provision shall not exclude a minority recommendation, which is hereby authorized to be made in writing, by less than a majority of the members of said Board; and a majority of the total membership of said Board shall constitute a quoram for the transactions of all matters to be considered by said Board, provided further all members shall have adequate notice of each Board meeting. SECTION b. The CITY -COUNTY WELFARE BOARD hereby created is and shall constitute an advisory board to the City Commission of the City of Lubbock and the Commissioners Court of Lubbock County with authority to hold hearings in Lubbock and consider and make re- commendations to the City Commission and Commissioners Court in writing from time to time on any and all matters referred to it by the City Commission or Commissioners Court, and further provided that the by-laws, rules and recommendations of the proposed Board shall be submitted to the City Commission and Commissioners Court for approval. SECTION 7. DUTIES RND POWERS OF BOARD. It shall be the duties and powers of the Board to make recommendations to the City Commission and Commissioners Court concerning policies, procedures, determination of eligibility for assistance, and such other duties and respons�bl.ities as the City Commission and Commissioners Court may direct. The Board shall have full power to consider and investigate all functions and procedures of the City -County Welfare Department. SECTION 8. DUTIES AND FUNCTIONS OF D.6rARTviDiT . The investigation of the need, certification for, and provision of medical care, hospitalization, maintenance of indigents, care of old folks, nursing and convalescent care of indigents, transportation to state hospitals, and other functions and duties as may be authorized by policy properly approved by the City Commission and Cony ssioners Court of the County of Lubbock. On motion of Commissioner Ottis Isom, seconded by Commissioner R. 0. Short, this Resolution was passed by the Commissioners Court on this the 24th day of May, 1954, by the following vote. - Commissioners voting "YEA": Commissioners voting "Nkyfl: ATTEST: Louie Noore, County Clerk Lubbock County, Texas Walter Davies, County Judge Lubbock County, Texas 54-12-641-]103 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution waa passed. R E S 0 L U T 1 0 N WHEREAS, an adjustment and new policy has been established with reference to handling City -County Welfare Funds and Lubbock County is to administer said Fund through an office or department to be set up and established and administered under the control of the Commissioner's Court of Lubbock County, said office to maintain all re cords, make all reports and employ the personnel as recommended, substantially by the City -County Welfare Board; and, WHEREAS, the County has agreed to limit expenditures substantially in accordance with estimates made by the City -County Welfare Board; and, WHEREAS, the City of Lubbock, acting through its City Commission, in the public interest desires to cooperate with the County jointly by making its stipulated contribu- tion for handling the administrative costs and for properly providing funds for the nature of work undertaken for indigent people and their care; and, WHEREAS, the City Commission considers the City of Lubbockts contribution as here- inafter stated to be a fair,reasonable and equitable contribution for the particular work, considered in the light of other participation and requirements made upon the City; THEREFORE, BE IT RESOLVED BY THE CITY COiBdS61ON CF THE CITY OF LUBBOCK: SECTION 1. That the City of Lubbock will pay to the County of Lubbock for the benefit of the City -County Welfare Fund, thirty-five (35%) per cent of the total annual budget established for this purpose by the County, which will disburse all such funds, SECTION 2. When the County has advised the City the amount of the budget the City will begin to make contributions to this Fund bi-monthly in advance. SECTION 3. The City reserves the right only to audit the use of the funds con- tributed by it. SECTION 4. It is understood that in the event this budget is to be supplemented at any time, the City must approve any such supplement before it will be responsible fcr mak- ing any contribution to the funds to be added .to the Fund by the proposed supplement, which would increase the annual budget adopted by the County. On motion of Commissioner Carpenter, seconded by Commissioner Thomas, the foregoing Resolution was passed on this, the 27th day.of May, 1954, by the following vote: Commissioners voting "YEA": Baker, Carpenter, Forrest, Thomas and Mayor Tripp Commissioners voting "NAY'. None Jsl Murrell R. Tripp ATT�,ST MIJRRELL R. TRIPP, Playor /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer 54-12-642-1104 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to approve the following report of Paving Accounts Receivable as of March 12, 1954, and authorize present collection policies to continue in effect. .CITY OF LUBBOCK MEkORANDUM, Inter Office DATE: March 12, 1954 TO: City Commission FROM: City C-.anager SUBJECT: Paving Accounts Receivable Attached is a list of balances due on Paving Accounts Receivable as of March 1, 3eport is 1954, totaling $97,926.82. Since most of the paving financed by the City was completed filed in in 1949, 1950, and 1951, the majority of the 5-year installments due the City from ?ermanent File property owners are delinquent and a large number are subject to be barred by the Statute in City Sec. of Limitations. However, it is noted that some of the installments are not yet due. Each Office. installment over the five year period is considered a separate receivable and each receiv- able is subject to the Statute of Limitations as a separate debt. (Example: A paving lien in 1949 would have five installments beginning in 1949. If no payments at all were made, the Statute of Limitations would apply to the first installment in 1953, the fourth installment would be due in 1953 and the fifth installment would not be due until 1954.) This situation is now prevalent in a great number of accounts on the *ttached list. On previous occasions a report has been made to the City Commission with a stricter collection policy in anew. However, as each account is secured by a lien on the property and col-.ection will generally be made when a sale or transfer is effected, and as the legal department has raised the question regarding the practicality of a law suit for collection, in each instance the City Commission has considered present collection policies inadequate. Accordingly, the attached report is to show all paving accounts will soon be delinquent and to give detailed information concerning their status. It is felt that the City Commission should again review these accounts to determine what action should be taken. /sl S. Matthews S. Matthews 54-12-642-1105 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following Resolution was passed. R E S O L U T I O N WHEREAS, the City of Lubbock is the owner of certain lands more specifically herein- after described which it desires to plat into lots with streets therein according to the map and plat of same to be known as Lots 20 through 50 inclusive of Manhattan Heights, an addition to the City of Lubbock, Lubbock County, Texas, said lots to be numbered and known as shown upon said map; and, WHEREAS,, the City of Lubbock desires to dedicate for public use the streets and alleys as platted oq6 aid map and to impress and impose upon such property covenants and restric- tions which shall run with the land and be binding upon the City of Lubbock and all persons claiming thereunder; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COlvflaSSION OF THE CITY OF LUBBOCK: THAT the kayor BE, and he is hereby, authorized and directed to execute a Dedication instrument containing covenants therein to which such Dedieation instrument shall be attached thereto, a plat of Lots 20 through 50 inclusive of Manhattan Heights, an addition to the City of Lubbock, Lubbock County, Texas; covering all that property lying and being situated in Lubbock, Lubbock County, Texas, and being further described as follows, to -wit: BEG14AING at a point which is 2002.01 ft. south and 397 ft. East of the Northwest Corner of Survey 3, Block B, Lubbock County, Texas. Thence N. 89027130" E. 560.67 feet; Thence.S. 5603711.65" E. 122.6 feet; Thence S. 22041'33.3" E. 487.44 feet; Thence S. 67018126.7" W. 330 feet; Thence N. 22041133.3" W. 284.67 feet; Thence N. 56037111.65" W. 90.76 feet; Thence S. 89027'30" W. 361.24 feet; Thence N. 0002130" E. 330.02 feet to place of beginning. The area of the whole containing 7.36 acres. On motion of Commissioner Forrest, seconded by Commissioner Carpenter., the foregoing Resolution was approved and passed on this 27th day of May, 1954, by the following vote. - Commissioners voting "'YEA": Baker, Carpenter, Forrest, Thomas and Mayor Tripp Commissioners voting "NAY": None ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer /s/ Murrell R. Tripp MURRELL R. TRIPP, N,ayor THE STATE OF TEXAS 0 COUNTY OF LUBBOCK 0 Contract KNOW ALL MW BY THESE PRESENTS: To Glenn Turner That the CITY OF LUBBOCK, acting by and through its officers heretofore to file for duly authorized, being the sole owners of the following described tract of record land lying and being situated in Lubbock County, Texas, to -wit: 6-17-54 Beginning at a point -which is 2002.01 ft. south and 397 ft. East of the Northwest Corner of Survey 3, Block B, Lubbock County, Texas. Thence N. 89027' 3011 E. 560.67 feet; Thence S. 56°3711.651' E. 122.6 feet; Thence S. 2204193.31' E. 487.44 feet; Thence S. 67018126.7" W. 330.00 feet; Thence N. 22°41133.3" W. 284.67 feet; Thence N. 56037'1.65" W. 90.76 feet; Thence S. 89027'30" W. 361.24 feet; Thence N. 0'02130" E. 330.02 feet to place of beginning, The area of the whole containing 7.36 acres. W H E R E A S, the CITY OF LUBBOCK, as owners of said land, has platted the same into lots with streets therein according to the map and plat of same attached hereto and made a part hereof to be known as Lots 20 through 50 inclusive of Manhattan Heights, an Addition to the City of Lubbock, Lubbock County, Texas, said lots to be numbered and known a0hown upon said map attached hereto and made a part hereof; and, W H E R E A S, the CITY OF LUBBOCK desires to dedicate for public use the streets and alleys as platted on said map; N 0 W T H E R E F O R E. in consideration of the premises, the CITY OF LUBBOCK, acting by and through its officers heretofore duly authorized, as owners of the above described property has and by these presents does impress upon said land the map and plat thereof attached hereto and does by these presents, dedicate to the public for use as publicways, all streets and alleys marked and shown upon said map and does hereby affix the name of Manhattan Heights, an addition to the CITY OF LUBBOCK, Lubbock County, Texas, in and upon said property together with lot sizes, angles and curves and lot numbers thereof all as shown in and on said map subdividing said land in accordance therewith; and the CITY OF LUBBOCK does hereby impress thereon, the names of the streets as indicated on said map. There is hereby created, impressed and imposed upon all lots shown upon said map and plat the following covenants which shall run with the land and be binding upon the undersigned and all persons claiming thereunder for a period Of fifty (50) years from the date of the execution of this instrument, at which time such covenants shall, without further involvement, be automatically extended for successive periods of ten (10) years unless by vote of a majority of the owners of the lots it is agreed to change such covenants in whole or in part: C 0 V E NA N T S 1. All lots in this said subdivision shall be known and described as residential lots to be used as residential purposes only, and for private dwellings. No commercial enterprise shall be permitted thereon. 2. No trailer, basement, tent, shack, garage, barn or any other structures shall be erected, altered, placed or permitted to remain on residence lots other than detached single family dwellings, with necessary and incidental garage for private family, automobiles. 3. No servants' quarters or servants' houses shall ever be erected, altered, placed or permitted to remain on any residence lots herein contained. 4. No building shall be located nearer than thirty-five (35' } feet to the front lot line nor nearer than five (5') feet to the lot lines with the exception of Lots 20 and 50, which shall have a ten (101) foot set back line on the side abutting East 26th Street and Lots 36 and 37 which shall have a ten (101) foot set back line on the side abutting Redbud Avenue, all as shown on the map attached hereto and made a part hereof. 5. No lot shall be divided into smaller tracts to result in increasing the number of building lots in any block. 6. All main residence buildings shall face upon the street upon which the lot faces. 7. No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No cows, horses, chickens, hogs or other livestock or poultry shall be kept, cared for, or maintained upon any lot in the addition. This covenant shall not exclude the keeping of dogs, cats or any domestic pets except that there shall not be kept upon any building lot, any kennels or pens for the keeping of dogs, cats, rabbits or any other animal raised for sale or commercial purposes. 8. No old building or existing structure of any kind shall be moved onto or placed upon any lot in this subdivision. 9. The ground floor area of main structures exclusive of one-story open parches and garages shall be not less than 700 square feet on Lots 26 through 42 inclusive, and 46 through 48 inclusive; shall be not less than 800 square feet on Lots 23 through 25 inclusive, 43 through 45 inclusive, and Lots 49 and 50; shall be not less than 900 square feet on Lots 20 through 22 inclusive. No two-story garage shall be permitted on any said lots. 10. If any grantee hereunder or persons occupying the premises thereunder, or their heirs or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for the dedicators herein or any person or persons owning any real property sitiiAtod within said addition to prosecute any proceedings at law or in equity against the person violating or attempting to violate any such covenant, either to prevent him or them from so doing and/or to recover damages or other dues for such violation. 11. Any violation of any one of these covenants by judgment or court order or by waiver of non -enforcement or by written stipulation shall in no wise affect any of the other provisions which are herein set out, which said provisions shall remain in full force and effect. W I T N E S S the hand of the CITY OF LUBBOCK on this, the 27th day of May, 1954. CITY OF LUBBOCK By Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST Lavenia Lowe Lavenia Lowe, City secretary -treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared MURRELL R. TRIPP, known to me to be the oerson 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 IBC HAND AND SEAL OF OFFICE, this 27th day of May A. D., 1954. Maxine McCandless Notary Public, Lubbock County, Texas. 54-12-643-1 006 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the Mayor to execute a note to the Citizens National Bank in the amount of $19,296 for a period of six months at a rate of 1% interest, This money to be used for the purpose of paving 25th St. in Manhattan Heights Addition and the installation of utility lines -in the alley along the south tier of lots in said Manhattan Heights Addition. The estimate cost of utility installation is ' 4616.00. 54-12-643-1107 Representative of the V.F.W. appeared before the City Commission in regard to location of a carnival to be located in the City under the sponsorship of the V.F.W. Organization. It was suggested to the V.F.W. that the carnival be located in a "J" Zone or on the Fair Grounds. 54-12-643-1108 Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize appointment of the following persons as a United Nations Day Committee. Mr..Preston Smith - Chairman Miss Dorothy Lomax - Co -Chairman Mrs. Rodrick Shaw Mr. C. J. Lightholder Mrs. J. J. Willingham Mr. Howard Howell Mrs. Pat Smith Moore Major Burford W. Barker Mrs. D. D. Webster Mr. Donald Tate Miss Betty McCraney Rev. Wayne Cook Mrs. W. H. Tinney Rev, Claude Canterbury Dr. F. L. Loving Mr. Thomas F. Morales Mr. Wm. R. Sewell Mr. Clarence Whiteside Mrs. Oscar Ray Mrs. Winifred Gifford 54-12-643-1109 Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize a rodeo parade to be held at 4:00 P.M., June 9, 1954, by the American Business Club, and authorize the use of a loud speaker in said parade. 54-12-643-1110 Mr. Herbert Brasher, Architect, appeared before the City Commission requesting the City to not require a sprinkler system in the two basement floors of the parking building to be constructed by the Cobb's Department Store and Hemphill -Wells Company, to be located in the 1300 Block of Avenue "J" between 13th and 14th Streets. This request was re- jected by the City Commission. II 24-12-643-1111 Motion by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, -Forrest and Thomas voting Yea, none voting Nay, to authorize a 13-foot curb separation between driveways into the Cobbs -Hemphill Wells parking building to be located in the 1300 Block of Avenue "J" between 13th and 14th Streets. 54-12-643-1112 There was further discussion by the City Commission of purchase of land from J. Lee Quillen for Water Booster Station Site and permanent and working easements in connection with construction of water line to West Lubbock County, motion was made by Commissioner Carpenter., seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize purchase of the following described tract of land for Booster Station Site in section 13, Block A, Lubbock County, Texas from J. Lee Quillen for consideration of $544.50, payment hereby authorized to be made from Water Bond Funds, Water Work Order No. 6644. Booster Station Site Beginning at the point of intersection of the north R.O.W. line of Panhandle & Santa Fe Railway Co. (Clovis Branch) with the west line of Section 13, Block A, Lubbock County, Texas; Thence north along the west line of Section 13, Block A, a distance of 29.81 ft. to a point; Thence east, a distance of 217 ft. to a point, said point being the north- east corner of this tract; Thence south, a distance of 170.8 ft. to a point in the north R.O.W. line of said Railway Co.; Thence in a northwesterly direction along the north R.O.W. line of said Railway Co., a distance of 258.771 to the point of beginning. Containing 21767 sq. ft. or 0.5 acres for Booster Station Site. 54-12-644-1113 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the Mayor to execute easement agreements as follows between the City of Lubbock and J. Lee Quillen in Section 13, Block "A" Lubbock County,, Texas; (1) Permanent Easement across pasture, containing 0.46 acres. $184.00 (2) Permanent Easement along and abutting railroad, 1.10 acres. 440.00 v� (3) Working Easement across pasture, 0.91 acres. 27.54 (4) Working Easementt allong and abutting rail _. road, 1.13 acres. _Z2.75- - -- (5) Extra cost of/Rlefa Track across 25 foot permanent easement. 1096.2111, 2~� Payment hereby authorized to be made of the above amounts, being in a total amount of $2,270.50, from W*ter Bond Funds, WWO No. 6644, these easements being secured from J. Lee Quillen for West Lubbock County Water Supply Line. The description of the easements bet out above being as follows: Permanent Easement across Pasture) Starting at the southeast corner of Section 13, Block A, Lubbock County, Texas; Thence west along the south line of Section 13, Block A, a distance of 1394.49 ft. to a point, said point being the point of beginning; Thence N. 710 15' E., a distance of 970.55 feet to a point; Thence N. 180 45' W., a distance of 20 feet to.a point; Thence S. 71° 15' W., a distance of 1031.11 feet to a point, said point being in the south line of Section 13, Block A; Thence east along the south line of Section 1�, Block A, a distance of 62.22 feet to the point of beginning. Containing 0.46 acres. Permanent Easement alon&_Railroad) Starting at the point of intersection of the north R.O.W. line of Panhandle & Santa Fe Railway Co. (Clovis Branch) with the west line of Section 13, Block A, Lubbock County, Texas; Thence in a southeasterly direction along the north R.O.W. line of said Rail- way Co., a distance of 258.771 to the point of beginning; Thence north, a distance of 29.81 ft. to a point, said point being 25 ft. from and perpendicular to the north R.O.W. line of said Railway Co.; Thence in a southeasterly direction, 25 ft., from and parallel to said north R.O.W. line, a distance of 1953 ft. more or less, to a point in the south line of Section 13, Block A; Thence west along the south line of Section 13, Block A, a distance of 45.88 ft. to a point in the north R.O.W. line of said Railway R.O.W.; Thence in a northwesterly direction along the north R.O.W. line of said Rail- way R.O.W., a distance of 1898 ft. more or less to the point of beginning. Containing 1.10 acres, more or less, for permanent utility easement. Working Easement across Pasture Starting at the southeast corner of Section 13, Block A, Lubbock County, Texas, thence west along the south line of Section 13, Block A, a distance of 1363.38 ft. to the point of beginning. Thence N. 710 15' E., a distance of 941,09 ft. to a point; Thence N. 180 45' W., a distance of 40 ft. to a point; Thence S. 710 151 W., a distance of 1058.91 ft. to a point, said point being in the south line of Section 13, Block A. Thence east along the south line of Section 13, Block A. a distance of 124.44 ft. to the point of beginning. Containing 0.91 acres. Working Easement along Railroad 25 ft. working easement on north side of and parallel and adjacent to permanent easement (along railroad), containing 1.13 acres, more or less. U I- 5-1 54-12-645-1L3A Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Ndy, to authorize pa3rment of $185.00 to W. E. Medlock, tenant in possession of the J. Lee Quillen farm on land which the City is securing for Booster Station Site, for construction of water line to West Lubbock County. The $185.00 hereby authorized to be paid to Mr. Medlock for payment of anticipated crop damage for the year 1954, said land being located in Section 13, Block "A", Lubbock County, Texas. Payment of the $185.00 hereby authorized to be made from Water Bond Funds. 54-12-645-1115 Bids were read for purchase of a motor grader for use in the Street and Water Department, being Bid No. 555. 1 GRADER, BID NUMBER 555, CLOSED 5-19-54 1-Motorized grader, Allis-Chalmers model "D" or equal with gasoline engine, 50 brake horse power at 1400 R.P.M. 10 ft. moldboard, rear drive Tandem construc- tion, front and rear tires 7.50 X 20-6 ply, 4 speed fordward transmission, scarifier, all metal cab, leaning front wheels, power circle turn on blade. Less trade-in of 1-1951 model "C" Allis-Chalmers tractor, serial #C68929, engine #CE10444G and #3086 model "C" Allis Chalmers tractor serial #C68933, City #3085. NET GRAND TOTAL Less trade-inabove F.O.B. Terms Pricing Delivery West Texas Tom W. Equipment Co. Carpenter Equipment Co. 9,161.80 5,691.60 1,762.36 ls300.00 7099.44 4091.60 ALTERNATE: Used Cater- pillar #112 6,000.00 2,005.00 3,995.00 Lubbock, Tex. Lubbock, Tex. Net Net Firm Approximately 5 days After consideration of the above bids it was unanimously agreed by the City Commission to re- ject both bids and call Jbr bids on second-hand motor grader to be received at a future date. 54-14445-1116 Motion was made by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the Mayor to enter into contract between the City of Lubbock and W. L. Somers for a period of one year as Tax Attorney, and accept the proposal as set out below: City Commission City Hall Lubbock, Texas Board of Trustees Lubbock Independent Lubbock, Texas Gentlemen: School District May 27, 1954 I have discussed with city officials the possibility of my b eing employed by the City and the School District as Tax Attorney and have been requested to submit the following proposal invriting for consideration of both taxing units. For a consideration of $350.00 per month, payable on or before the first day of each month, I agree to represent both the City and the School District in all tax matters as follows: I agree to take over and prosecute to judgment in the trial courts all pending tax suits, have abstracts of such judgments filed of record, and cause execution to issue thereon as desired by the respective taxing units, I will timely sue upon all delinquent tax accounts of both the City and School correctly certified to me by the tax collector for suit, and will diligently pursue such suits to judgment in the trial courts, file abstracts of such judgments and have execution issued as desired by both taxing units. I agree to serve as legal adviser to the tax collector -assessor rendering opinions as requested ontax questions for both taxing units, and generally, I will represent fully both taxing units in all tax matters with the exception of cases appealed to the Court of Civil Appeals and the Supreme Court. I agree to make monthly reports to tax collector showing the number o0uits filed or intervened in, number of suits dismissed, judgments taken, abstracts of judgments filed, execution issued and the total number of suits certified to me by the tax collector for prosecution. This proposal is made with the understanding that the taxing units will provide me at their expense sufficient and competent stenographic assitance in the tax office and will pro— vide at their expense all supplies, forms, stationary, etc. necessary to doing the work and will furnish at their expense all information necessary to the prosecution and filing of suits against the delinquent tax payers in accordance with their respective liabilities. This proposal is made with the understanding that the arrangement would be based on a contract effective for one year beginning June 1, 1954 unless sooner terminated by either party for cause. Respectfully submitted, /s/ Bill Somers Bill Somers No further business coming up for consideration, the City Commission adjourned. Read and approved, this the 24th day of June , 1954. Lave a Lowe, Cit Secretary -Treasurer C O N T R A C T THE STATE OF TEXAS k COUNTY OF LUBBOCK 0 This Contract, made this the 15th day of June, 1954, by and between the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, hereinafter call- ed City, party of the first part, and Bill Somers, a duly licensed and practicing attorney of the State of Texas, hereinafter called attorney, party of the second part, W I T N E S S E T H: That, the City hereby emiploys and retains attorney for a period of one year, be- ginning June 1, 1954 and ending June 1, 1955, as its Tax Attorney with duties and responsibilities hereinafter more fully stated for a consideration of $175.00 per month payable on or before the first day of each month as it accrues. Such com- pensation for the services of attorney is to be matched by a similar agreement with the Lubbock Independent School District and attorney whereby the total consideration payable attorney for representation of each of said taxing units will be $350.00 per mcnth�Pautyable of the tax department budget by the City Auditor as herein provided for. As Tax Attorney and in return for the compensation above provided for, attorney shall prosecute all current and existing tax suits now pending to judgment in the trial courts, file and prosecute to judgment all delinquent tax suits certified to him by the Tax Collector for such purpose as provided by Resolution of the City Commission heretofore passed and of record in the City Commission Minute Records, when taken, have such judgments abstracted and filed of record, have execution issued thereon to enforce the collection thereof, intervene for the City in all tax suits filed by other taxing units, prosecute claims for delinquent taxes owing the City of Lubbock in bank- ruptcy proceedings, render opinions for the Tax Collector and the City Commission as directed and generally serve and advise the Tax Collector and Commission as requested. It is understood and agreed, however, that attorney shall not represent the City in any appeals to the Court of Civil Appeals or to the Supreme Court of Texas, but that attorney shall prosecute and pursue the Cityts interests in such suits through the trial courts to the point of perfecting the appeal. It is further understood and agreed by both parties hereto that City shall furnish and provide as its expense adequate stenographic assistance in the tax office for the handling of all matters by attorney under this contract, furnish at its expense all stationary, forms, and all other supplies necessary to such matters, and furnish at its expense abstracting necessary to filing of delinquent suits on real property. Necessary space and furniture will be furnished attorney for the performance of those duties herein agreed upon in the tax office of the City, and attorney agrees to provide a monthly progress report to the Tax Collector on the status and progress in tax matters handled by him showing the number of suits certified to him, the number of suits filed, the number of judgments taken, the number of judgments abstracted and filed of record, the number of judgments upon which he has caused execution to issued, and the amount of money collected during the preceding month. EXECUTED IN DUPLICATE this the 15th day of June, 1954. CITY OF LUBBOCK /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor PARTY OF THE FIRST PART ATTEST: /s/ Lavenia Lowe LAVENIA LOWE, Secretary -Treasurer /s/ Bill Somers BILL SOMERS PARTY OF THE SECOND PART APPROVED: /s/ Vaughn E. Wilson City Attorney