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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/24/1954REGULAR MEETING Lubbock, Texas June 24, 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 Pro-tem Lennis Baker, Commissioners Hurley Carpenter and S. S. Forrest, Director of Public Safety, Lynn Andrews, Director of Public Works, W. B. Holmes and City Secretary - Treasurer, Lavenia. Lowe# and City Attorney, Vaughn E. Wilson. Absent: Mayor Murrell R. Tripp# Commissioner Lucian Thomas and City Manager Steve Matthews. Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, the following City Commission Minutes were approved: Recessed Regular Meeting April 30, 1954 Recessed Joint Meeting, City and County's Commissions May 18, 1954, 10:30 A. M. Recessed Regular Meeting May 180 1954, 31:00 A. M. Recessed Regular Meeting May 18, 1954, 1:00 P. M. Regular Meeting May 27, 1954 Regular Meeting June 10, 1954 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, - Minutes of.Accounts allowed from Warrant No. B-38 through Warrant No. B-189, both inclusive and Warrant No. 1567 through Warrant No. 1983, both inclusive, were approved. S_13!25k45 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro -tern Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, Ordinance No. 1577 was passed on first reading. ORDINANCE NO. 1577 AN ORDINANCE REGULATING PAWNBROKERS; PROVIDING FOR OCCUPATION LICENSE FOR ALL PAWNBROKERS: PROVIDING FOR APPLICATION AND PAYMENT OF LICENSE FEE;. PROVIDING FOR DAILY RECORDS TO BE KEPT AND FURNISHED TO THE CHIEF OF POLICE; PROVIDING FOR VISITATION AND EXAMINATION OF THE PRAISES AND GOODS- PROVIDING A PENALTY; AUTHORIZING PUBLICATION OF THE CAPTION AND PENALTY CLAUSE. 54-13t25-46 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, Ordinance No. 1578 was passed on first reading. S=12-2. `L=41 o serve 'own & Coun- try shopping ist. at 4th College, ntil under- ,roudd service an be install- d. ORDINANCE NO. 1578 AN ORDINANCE DEFINING AND REGULATING DEALERS IN SECONDHAND OR USED ARTICLES; PROVIDING FOR OCCUPATION LICENSE; PROVIDING FOR DAILY RECORDS TO BE KEPT AND.FURNISHED TO THE CHIEF CF POLICE; PROVIDING FOR VISITATION AND EXAMINATION OF THE PREMISES AND GOODS; PROVIDING A PENALTY; HE. PEALING URDiNANCES NUMBER 170, 510 AND 1563; AND AUTHORIZING PUBLICATION OF THE CAPTION AND PENALTY CLAUSE. Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Fro- tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, the following resolution was passed; R E S O L U T I O N BE IT KNOW That on this the 24.th day of June, 1954, at a regular meeting of the governing body of the City of Lubbock, Texas, there came on to be considered the matter of the execution of a license between the said City of Lubbock, Texas, and Panhandle and Santa Fe Railway Company, relating to construction, operation and maintenance of a power line a=ross right-of-way and main track of the Santa Fe at Mile Post 1 plus 2044 feet which location is near or in said City of Lubbock, whereupon the following proceedings were had: It was moved, ed and empowered to is hereto attached, of this resolution. STATE OF TEXAS COUNTY OF LUBBOCK seconded and unanimously voted that Lennis Baker, Pro tem Mayor, be authoriz- execute on behalf of the City of Lubbock, Texas, such license, copy of which and the same be recorded in the Minutes of the City Commission at the foot ss I, Lavenia Lowe, City Secretary, do hereby certify that the above and foregoing is a true and correct copy of a resolution passed by the City Commission of said City in regular session on June 24, 1954., as the same appears of record in Book 13, Page 25, Minutes of said City Commission. IN TESTDIONY WHEREOF, witness my hand and the Seal of said City this 24th day of June, 1954. /a/ Lavenia Lowe (SEAL) City Secretary W-13w26-48 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro- tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, to authorize Mayor Pro-tem�Baker to execute Pipe Line Lip % between the City of Lubbock and the Fort Worth and Denver Railway Company covering 24 inc2/sewer line at Mile Post L-359.22 located in Date Avenue between 28th and 29th Streets, payment hereby authorized of the $1.00 license fee. 4-13-26-49 Lotion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, to authorize Mayor Pro -tern Baker to execute power line crossing easement between the City of Lubbock and Panhandle and Santa Fe Railway Company at Mile Post 672 plus 38W feet being located on Erskine Street, and being Santa FE DEOS-5042, the following resolutionbeing passed: 4: 13w26-50 R E S O L U T I O N BE IT MOM That on this the 24 day of June, 1954s at a regular meeting of the governing body of the City of Lubbock, Texas, there came on to be considered the matter of the execution of a license between the said City of Lubbock, Texas, and Panhandle and Santa Fe Railway Company, relating to construction and maintenance of a power line across right-of-way and tracks of the Railway Company at Mile Post 672 plus 3897.0 feet which location is in or near, in said City of Lubbock, whereupon the following proceedings were had: It was moved, seconded and unanimously voted that Lennis Baker, Protem Mayor, be authorized and empowered to execute on behalf of the City of Lubbock, Texas, such license, copy of which is .hereto attached, and the same be recorded in the Minutes of the City Commission at the foot of this resolution. STATE OF TEXAS 0 f " I ss COUNTY OF LUBBOCK I I, Lavenia Lowe, City Secretary, do hereby certify that the above'and foregoing is a true and correct copy of a resolution passed by the City Commission of said City in regular session on June 24, 1954, as the same appears of record in Book 13, Page 26, Minutes of said City Commission, IN TESTIMONY WHEREOF, witness my hand and the Seal of said City this 24th day of June, 1954, (SEAL) /s/ Lavenia Lowe City Secretary Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro -tern Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, the following resolution was passed: R E S 0 L U T 1 0 N WHEREAS, the Citizens National Bank of Lubbock, Texas, depository for the City of Lubbock, desires to release certain United States Treasury Bonds pledged to secure funds oncbposit and it appears that after the release of such bonds sufficient security will remain in the fund to cover the City+s deposits; THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK-. THAT the Citizens National: Bank of Lubbock, Texas, be and it is hereby, authorized to released $600,000.00 (Six Hundred Thousand and no/100) Dollars, two and one-half per cent (2-1/2%) U. S. Treasury Bonds of September 1972/67, Receipt No. 45599 issued by the Republic National Bank of DQIW, Texas, provided that sufficient bonds of similar kind remain on deposit at all times ade- quate to secure the City's balance with said depository. On motion of Commissioner Carpenter, seconded by Commissioner Forrest, this Resolution was passed this the 24th day of June, 1954, by the City Commission by unanimous vote. ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer REB:gf 6-21•-54 /s/ Lennis Baker LMIS BAKER, Mayor Pro-tem. MURRELL R. TRIPP, Mayor +-13-26-51 Motion by Commissione37 Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro -teen Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, the following resolution waspassed: ___j R E S O L U T I O N A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND DELIVER TO MR. HARRY WILTBANKS AND MR. 0. R. COX QUITCLAIM DEEDS ON BEHALF OF THE CITY OF LUBBOCK TO THE IL.OT, TRACT OR PARCEL OF LAND DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS RESOLUTION. WHEREAS, that part and portion of the public alley described in the body of this Resolu- tion is not being used for and will not in the future be needed for any public purpose; and, SAS, the City Commission of the City of Lubbock finds it would be to the public interest to quitclaim its interest to Harry Wiltbanks and 0. R. Cox who.has provided other easements; THEREFORE, BE IT RESOLVED BY THE CITY COMPfIS::ION OF THE CITY OF LUBBOCK: SECTION 1. That the Mayor is hereby authorized and directed to execute on behalf of the City of Lubbock to Harry Wiltbanks a quitclaim deed to the following described tract of land: Beginning at the southeast corner of Lot 7, J. M. Stratton Subdivision of the City of Lubbock; Thence north a distance of 135.0 feet to a point in the south line of an east - west alley; Thence west a distance of 17.5 feet to a point; Thence south 4500E East a distance of 114.14 feet to a point; Thence south a distance of 125.0 feet to a point in the south line of said Lot 7; Thence east a distance of 7.5 feet to the point of beginning. SECTION 2. That the Mayor is hereby authorized and directed to execute on behalf of the City of Lubbock to 0. R. Cax a quitclaim deed to the following tract of land: Beginning at the southwest corner of Lot 6, J. M. Stratton Subdivision of the City of Lubbock; Thence north a distance of 135 feet to a point in the south line of an east - west alley; Thence east a distance of 7.5 feet to a point; Thence south a distance of 135.0 feet to a point in the south line of Lot 6; Thence west a distance of 7.5 feet to the place of beginning. SECTION 3. The City Secretary shall attest said quitclaim deed and affix the "&I of the City of Lubbock thereto and in consideration for the execution and delivery to the said grantees of the property, the grantees shall pay to the City of Lubbock the sum of One and No/100 ($1.00) Dollars. On motion of Commissioner Forrest, seconded by Commissioner Carpenter, the foregoing Resolution was passed on this, the 24th day of June, 1954, by the following vote: Commissioners voting "YEA": Carpenter, Forrest, and Mayor Pro -tern Lennis Baker Commissioners voting "NAY": None ATTEST: /s/ Lavenia Lowe Laven3a Lowe, City Secretary -Treasurer REB: gf 6-22-54 /s/ Lennis Baker Lennis Baker, Mayor Pro-tem MURRELL R. TRIPP, Mayor 3-13-27::�2 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tefn Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay,, to authorize the City Attorney to prepare an ordinance for consideration by the City Commission at their next regular meeting to abandon and close a North -South alley between Lots 6 and % J. M. Stratton Subdivision extending from the South line of said Lots 6 and 7, North to the South line of the East-West Alley through Lots 6 and 7. $�-13�7�►53 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, the following resolution was;assed. RESOLUTION SAS, the City of Lubbock has heretofore accepted the proposal of the Stauffer Chemical Company, a Corporation, for the consideration involved in the obtaining of easements necessary for the West Lubbock County Water Supply Line in which proposal and by the acceptance of the terms and conditions of such proposal, the City of Lubbock came bound by the terms and conditions of such proposal if it was accepted and a permanent water pipe line easement has been executed by the Stauffer Chemical Company, a Corporation, and they desiring that the City of Lubbock, by and through its duly authorized officers, accept delivery of such instrument and acknowledge itself bound by the terms, obligations and covenants imposed upon the City contained therein, NOWv THEREFORE, BE IT RESOLVED BY THE CITY CQK�11SSION OF THE CITY OF LUBBOCK: THAT the Mayor BE, and he is hereby, authorized and directed to acknowledge acceptance of delivery of such permanent water pipe line easement and acknowledge that the City of Lubbock is bound by all the covenants, terms and obligations imposed upon the City as contained in such instrument by signing and acknowledging such instrument. On motion of Commissioner Forrest, seconded by Commissioner Carpenter, the foregoing Resolution was;assed on this.. the 24 day of June, 19543, by the following vote: Commissioners voting "YEA": Carpenter, Forrest, and Mayor Pro-tem Lennis Baker Commissioners voting "NAY": None ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer /s/ Lennis Baker Lennis Baker, Mayor Pro-tem MURRELL R. TRIPP.. Mayor The City of Lubbock acting by and through its duly authorized officers does by these presents accept delivery of this instrument and acknowledges itself bound by all the terms, conditions, covenants and obligations imposed on the City by such instrument. ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUB:-;OCK By /s/ Lennis Baker Lennis Baker, Mayor Pro-tem MURRELL R. TRIPP, Mayor BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Lennis Baker, known to me to be the person whose name is sub- scribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR PRO-TEM, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HMD AND SEAL OF OFFICE, this 24 day of June, A.D., 1954. (SEAL) /s/ Maxine McCandless Notary Public, Lubbock County, Texas. i4-13-28-54 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, the follow- ing resolution wasgassed: RESOLUTION RHEAS, the Planning and Zoning Commission has been guided and has generally planned the width and extension of streets and alleys and highways as well as development of additions, as shown by the Master Thoroughfare Plan submitted to the City Commission at its regular meeting on June 24, 1954, which had been previously studied by the Commission; and, SAS, the City Commission has given consideration to the over-all plan and shown by the plat dated June 3, 1954, prepared by -Glen Turner, Secretary of the Planning and Zoning Commission,, and the City Commission is in general accord with the objectives described therein; THEREFORE, BE IT RESOLVED BY THE CITY COMaSSION OF THE CITY OF LUBBOCK: THAT the "Master Thoroughfare Plan" is hereby approved for general planning purposes A true copy of this Resolution shall accompany the above described map, the original of which shall be maintained in the office of the Secretary of the Planning and Zoning Commission and which shall not be changed, modified or otherwise altered except upon written direction of the Planning and Zoning Commission and approved by resolution of this Commission. Passed by unanimous vote of the City Commission this the 24th day of June, 1954. /s/ Lennis Baker Lennis Baker, Pro-tem Mayor MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer 54-13-•29--55 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor pro-tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, the follow.. ing resolution waspassed: R E S O L U T I O N SAS, 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 accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer.. and the owners of property abutting 52nd Street from Avenue D to Avenue G, have requested per- mission to have pavement improvements constructed on the aforementioned 52nd Street, and the paving of said 52nd 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 improvement s and, ' '�, J. Co Bender and the other owners of the property abutting on the herein describ- ed street will contract separately with a competent contractor for the above street improvements and the said improvements will be constructed in accordance with the abovementioned 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 $5529.99, the total cost not over $5806.49, and the City's share in connection therewith would not exceed $363.15, leaving the property owner's portion not to exceed $5443.34, 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 $363.15 will be duly budgeted in the 1954-1955 budget. THEREFORE, BE IT RESQLVED 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 r 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. 1616 52nd Street from its intersection with the West Property Line of Avenue D to its intersection with the East Property Line of Avenue G The City Engineer is further authorized and directed to duly inspect said paving construc- tion on said 52nd 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 above - mentioned improvements a -sum not to exceed $86.65 which is the City share $363.15 less $276.50 engineering, leaving the amount due the contractor from the property owners not to exceed $5443.34. Section 2. This authority is conditioned that J. C. Bender 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 cover- ed by public liability and property damage insurance policies, that the said J. C. Bender and other.owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that completion thereof and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said 52nd Street and the property of the City of Lubbock, without any liability whatsoever, except for the pay- ment of a sum $86.65 to the contractor after December 15, 1954. On motion of Commissioner Forrest, seconded by Commissioner Carpenter, the foregoing resolution was unanimously passed by the City Commission this 24 day of June, 1954. /s/ Lennis Baker Mayor Pro-t em ATTEST: MURRELL R. TRIPP, Mayor /s/ Lavenia Lowe Lavenia Lowe, City Secretary it J. C. Bender, representing myself and the remaining owners of abutting property on the abovementioned streets and Kerr and Middleton, Contractor, do hereby acceptand agree to fully abide by the foregoing provisions for the considerations therein stated. J. C. Bender /s/ J. C. Bender 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 54-13-30-56 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, the follow- ing resolution was passed: RESOLUTION SAS, the City Commission has heretofore determined ghat the City would contribute the customary 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 accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting Avenue F from 27th Street to 28th Street, have requested permission to have pavement improvements constructed on the aforementioned Avenue F. and the paving of said Avenue F 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, Ted T. Tipps and the other owners of the property abutting on the herein de- scribed avenue will contract,separately with a competent contractor for the above street improve- ments, and said improvements will be constructed in accordance with the abovementioned 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 $2098.40, the total cost not over $2203.32, and the City's share in connection therewith would not exceed $137.68, leaving the property owner's portion not to exceed $2065.64, 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 $137.68 will be duly budgeted in the 1954-1955 budget. THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION CF 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 -writ. - Unit No. 1608 Avenue F from its intersection with the South Property Line, of 27th Street to its intersection with the North Property Line of 28th Street. The City Engineer is further authorized and directed to duly inspect said paving construc- tion on said Avenue F 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 jCity Commission, the City Engineer is authorized to pay the con- tractor in full and final payment of the City's share of the cost of the abovementioned improve- ments a sum not to exceed $32.76 which is the.City share $137.68 less $104.92 engineering, leaving the amount due the contractor from the property owners not to exceed $2065.64. Section 2. This authority is conditioned that Ted T. Tipps and the other owners of abutting property and the pontractor 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 Ted T. Tipps and other owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said Avenue F and the property of the City of LubbodS without any liability whatsoever, except for the payment of a sum $32.76 to the contractor after December 15, 1954. On,motion of Commissioner Forrest, seconded by Commissioner Carpenter, the foregoing resolution was unanimously passed by the City Commission this 24 day of June, 1954. /s/ Lennis Baker Mayor Pro-tem MURRELL R. TRIPP, Mayor ATTEST; //s Lavenia Lowe Lavenia Lowe, City Secretary I, Ted T. Tipps, representing myself and the remaining owners of abutting property on the abovementioned streets and Warren and Purtell, Inc. Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. Ted T. Tipps By /s/ H. E. Hunt Warren & Purtell, Inc. By /s/ J. M. Tierney Approved: /s/ W. B. Holmes W. B. Holmes, City Engineer Approved: /s/ Vaughn E. Wilson Vaughn E. Wilson, City Attorney 54-13-•31-�'T Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, the following resolution was passed: RESOLUTION 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 Bost of street paving improvements, as determined by side and front property, to be constructed in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting Avenue L from SPL 59th Street to NPL 60th Street, Avenue L from SPL 60th Street to SPL alley south of 60th Street, have requested permission to have pavement improvements constructed on the aforementioned Avenue L, and the paving of said - Avenue L 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, Marvin McLarty, Sr. and the other owners of the property abutting on the herein described avenue will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the abovementioned plans and specifications under the supervision of the City Engineer, and the said owners desire that the City contribute its customary share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $2784.88, the total cost not over $2924.12, and the City's share in connection therewith would not exceed $788.42, leaving the property owner's portion not to exceed $2135.70, 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 Batting property owners, the City and all other persons affected thereby, and that the sum of $788.42 will be duly budgeted in the 1954-1955 Budget, THEREFORE, BE IT RESOLVED BY THE CITY CaOUSSION OF THE CITY OF LUBBOC& 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 speci- fications meet the usual requirements for paving on streets within the corporate limits of the City of Lubbock; said streets being as follows; to -wit: N-S Unit No. 69 Avenue "L" from its intersection with a line 2' south of the South Property Line of 59th Street to its intersection with a line 17' N. of NPL 60th Street, N-S Unit No. 70 Avenue "L" from its intersection with a line 17' south of the South Property Line of 6Cth Street to its intersection with a line 2.5' S. of the South Property Line of the alley south of 60th Street. The City Engineer is further authorized and directed to duly inspect said paving oonstruc- tion on said Avenue L 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 con- tractor in full and final payment of the City's share of the cost of the abovementioned improve- ments a sum not to exceed $649.18 which is the City share $788.42 less $139.24 engineering, leaving the amount due the contractor from the property owners not to exceed $2135.70. . Section 2. This authority is conditioned that Marvin McLarty, Sr. 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, aid 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 Marvin McLarty, Sr. and other owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said Avenue L and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum $649.19 to the Contractor after December 15., 1954. On motion of Commissioner Forrest, seconded by Commissioner Carpenter, the foregoing resolution was unanimously passed by the City Commission this 24 day of June, 1954' ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary /s/ Lennis Baker Mayor Pro-tem. MURRELL R. TRIPP, Mayor I, Marvin McLarty, Sr. representing myself and the remaining owners of -abutting property on the abovementioned streets, and Kerr and Middleton, Contractor, do hereby accept hnd agree to fully abide by the foregoing provisions for the consideration therein stated. Approved: /s/ W. B. Holmes W. B. Holmes, City Engineer Approved. - Vaughn E. Wilson Vaughn E. Wilson, City Attorney Marvin McLarty, Sr. /s/ Marvin McLarty Kerr and Middleton E. V. Middleton By /s/ Johnnie L. Howell 13-32-58 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Prn-tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay* the following resolution was passed: R E S O L I12 N A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND DELIVER TO LLOYDS OF NORTH AMERICA, HOUSTON, TEXAS, A PROOF OF CLAIM UPON AN ACCIDENT DESCRIBED IN THE BODY (F THIS RESOLUTION. WHEREAS, on May 11, 1954, a City automobile assigned to the City Police Department was damaged as a result of a collision; and, WHEREAS, it appearing that such collision was caused by the negligence of Carl Marx Harper; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor is hereby authorized and directed to execute a Proof of Claim against Lloyds of North America and Carl Harper in the amount of One Hundred Nineteen and 23/100 ($119.23) Dollars. SECTION 2. THAT the City Secretary shall attest said Proof of Claim and affix the seal of the City of Lubbock thereto. On motion of Commissioner Forrest, seconded by Commissioner Carpenter, the foregoing Resolution was passed on this the 24 day of June, 1954, by the following vote: Commissioners voting "YEA": Carpenter, Forrest, and Lennis Baker, Mayor Pro -tern Commissioners voting "NAY": None ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer /s/ Lennis Baker Mayor Pro -tern MURRELL R. TRIPP, Mayor MMMM&I June 24, 1954 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Kerr and Middleton under their contract dated December 10, 1953, designated G.W.O. 835, and find the improvements on streets and/or avenues, known and designated as Units 1516, 1520, 1521, 1555, 1559, 1561, 1562, 1567, 1568, and 1569 respectively, as listed on the attached final estimate and assessment sheets to have been completed in accordance with the plans and specifications, and recommend that you accept improvements on said streets and/or avenues, paying the contractor the amount shown on the attached consolidated final estimate sheet as due him by the City of Lubbock, and issue assignable certificates agAinst property owners for the respective amounts shown on the final assessment sheets as being due against them and their respective properties. Very truly yours, /s/ W. B. Holmes W. B. Holmes City Engineer Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter and Forrest voting Yea, bone voting Nay, the follow.. ing resolution was passed: RESOLUTION RESOLUTION ACCEPTING IhPROVE TENTS ON PORTIONS OF STREETS, AND/OR A#EYUES AS WTED BELOW AND ORDERING TH$ ISSUANCE OF CERTIFICATES IN EVIDENCE, OF ASSESSMENTS LEVIED. . . WHEREAS, The City of Lubbock heretofore passed various street improvement ordinances and t resolutions and entered into contract with Kerr and Middleton (G,W.O. 835) for the making and construction of street improvements on portions of numerous streets and/or avenues in said City including among other the following: 1 37th Street from its intersection with a line twenty (20) feet East of the East Property Line of Knoxville Avenue to its intersection with the East Property Line of Louisville Avenue, known and designated as Unit No. 1516. I 33rd Street from its intersection with the East Property Line of Salem Avenue to its inter- section with the East Property Line of Toledo Avenue, known and designated as Unit No. 1520. Salem Avenue from its intersection with the South Property Line of 33rd Street to its inter -- section with the North Paving Line of 34th Street, known and designated as Unit No. 1521. Avenue U from its intersection with the South Gutter Line of 39th Street to its intersection with the North Gutter Line of 40th Street, known and designated as Unit No, 1555. Gary Avenue from its intersection with the South Paving Line of 47th Street to its inter- section with the North Property Line of 50th Street, known and designated as Unit No, 155% Louisville Avenue from its intersection with the South Property Line of 33rd Street to its intersection with the North Paving Line of 34th Street, known and designated as Unit No. 1561. 39th Street from its intersection with the West Property Lino of Avenue U to its intersection with the West Property Line of Avenue V. known and designated as Unit No. 1562. 35th Street from its intersection with the Center Line of -Indiana Avenue to its intersection with the East Property Line of Hartford Avenue, known and designated as Unit No. 1567. 36th Street from its intersection with the East Property Line of Knoxville Avenue to its inter section with the East Property Line of Louisville Avenge, known and designated as Unit No. 1568. Flint Avenue from its intersection with the North Property Line of 35th Street to its inter• section with the South Property Line of 34th Street, known and designated as Unit No, 1569, AND WHEREAS, the improvements upon the said portions of the abovementioned streets and avenues, have been inspected and found to have been constructed in accordance with terms of said contract GWO 835, THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That improvements on said portions of the abovementioned streets and avenues be, and the same are hereby accepted. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and de- liver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of streets and avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied, and the City Engineer is hereby directed to write a letter releasing money held in escrow to be paid the contractor for improvements where abutting property was not assessed. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24TH DAY OF JUNE, 1954. /s/ Lennis Baker Mayor Pro-tem MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary APPROVED: /s/ W. B. Holmes W. B. Holmes, City Engineer APPROVED: /s/ Vaughn E. Wilson Vaughn E. Wilson, City Attorney - - 0 June 24, 1954 Honorable Mayor and City Commission Lubbock, Texas • Gentlemen: I have examined the paving improvements constructed by Kerr and Middleton, paving contractorso as authorized,by resolut iors passed and approved January 14, and February 25, 1954 and find the improvements on streets known and designated as Units No. 1575 and 1587 as listed on the attach. ed final estimate sheet to have been completed in accordance with plans and specifications and recommend that you accept improvements on said streets, paying the contractor the amount shown on the attached consolidated estimate sheet on the due date shown on the abovementioned resolu- tions as due hi46y the City of Lubbock. Very truly yours, /s/ W. B. Holmes W. B. Holmes, City Engineer Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro- tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, the following .resolution was passed-. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW: WHEREAS, the City of Lubbock passed resolutions on January 14 and February 25, 1954 author- izing the construction of street improvements in portions of various streets in said City including among mthersthe following: 47th Street from its intersection with the West Property Line of Flint Avenue to its inter- section with the East Property Line of Gary Avenue, known and designated as Unit No. 1575. Marginal Access Road on the North side of 50th Street from its intersection with the East Prop- erty Line of Elgin Avenue to its intersection with the West Gutter Line of Flint Avenue, known and designated as Unit No. 1587. AND WHEREAS,, the improvements upon the said portions of the abovementioned streets have been inspected and found to have been constructed according to the approved plans and specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. - That the improvements on said portions of the abovementioned streets be, and the same are hereby accepted. I.I. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 24TH DAY OF JUNE, 1954. /s/ Lennis Baker Mayor Pro-tem MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Love Lavenia Lowe.. City Secretary 54-13-35-61 APPROVED: /s/ W. B. Holmes W. B. Holmes, City Engineer APPROVED: /s/ Vaughn E. Wilson Vaughn E. Wilson, City Attorney Honorable Mayor and City Commission Lubbock, Texas Gentlemenr June 24, 1954 I have examined the wing improvements constructed by Kerr and Middleton under their contract with the Subdivider of Highland Place 2nd Installment in accordance with Ordinance No. 1331 and find that the improvements on the street designated as New Subdivision Unit No. 50, as listed on the attached final estimate sheet, to have been completed in accordance with plans and specifications on said streets, and recommend the payment to the contractor the amount shown on the attached consolidated final estimate sheet as being due him from the City of Lubbock, Very truly yours, /s/ W. B. Holmes W. B. Holmes City Engineer Motion was made by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, the following resolution was --passed: RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW. Whtai" b, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Highland Place Second Installment made arrangements for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of a portion of Highland Place Second Installment, including the following streets and/or avenues: 37th Street from its intersection with the East Property Line of Nashville Avenue to its inter— section with the East Gutter Line of Orlando Avenue, known and designated as New Subdivision Unit No. 50. AND SAS, the construction of the above improvements on the above mentioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have begn constructed in accordance with city q)ecifications and in accordance with the provisions of City Ordinance 1331, THEREFORE., BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS I. That the improvements on said portions of the abovementioned street be, and the same are hereby accepted and the City Engineer be and is hereby authorized to direct payment of the City's portion. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24TH DAY OF JUNE.. 1954, ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary APPROVED: /a/ W. B. Holmes W. B. Holmes, Cilr Engineer APPROVED-- /s/ Vaughn E. Wilson Vaughn E. Wilson, City Attorney /a/ Lennis Baker Mayor Pro-tem MURRELL R. TRIPP, Mayor L-1 = w62 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, the follow- ing resolution was passed. RESOLUTION 'WHEREAS, the City Commission has heretofore determined that the City would contribute the customary city portion of from iten (10) to forty (40) percent -of the cost of street paving improvements, as determined by side and front property, to be,constructed in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting Indiana Avenue, 34th Street to 44th Street, have requested per- mission to have pavement improvements constructed on the aforementioned Indiana Avenue, and the paving of said Indiana Avenue 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, W. R. Slaton and the other owners of the property abutting on the herein described streets and avenue will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the abovementioned plans and specifications under the supervision of the City Engineer, and thesaidowners desire that the City contribute its customary share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $30,825.01, the total cost not over $32,366.26, and the City's share in connection therewith would not exceed $14,399.43, leaving the property owner's portion not to exceed $17,966.83, 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 $14,399.43 is available in the 1953-1954 Budget Funds, THER,1FORE, BE IT RESOLVED BY THE CITY COblMISSION 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. 1531 Indiana Avenue from its intersection with the South Property Line of 35th Street (East Leg) to its intersection with the North Cutter Line of 44th Street. Unit No. 1583 Indiana Avenue f rom its intersection with the South Property Line of 34th Street to its intersection with the South Property Line of 35th Street (East Leg). The City Engineer is further authorized and directed to duly inspect said paving construc. tion on said Indiana Avenue 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 patent of the City's share of the cost of the above - mentioned improvements a sum not to exceed $12,858.18, which is the City share $142399.43 less $1541.25 engineering, leaving the amount due the contractor from the property owners not to exceed $17,966.83. Section 2. This authority is conditioned that W. R. Slaton 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 W. R. Slaton and other owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final approval of the Pity Engineer, all improvements desnated herein shall be a permanent part of said Indiana Avenue and the property of the City of tubbock., without any liability whatsoever, except for the payment of a sum $12,858.18 to the Contractor upon completion of the paving improvements and the acceptance of them by the City Commission of the City of Lubbock. On motion of Commissioner Carpenter...seconded by Commissioner Forrest, the foregoing resolution was unanimously passed by the City Commission this 24th day of June, 1954. /s/ Lennis Baker Mayor Pro-tem MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary I, W. R. Slaton, representing myself and the remaining owners of abutting property on the above. mentioned streets, and Warren & Purtell, Inc., Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. Approved: /s/ W. B. Holmes W. B. Holmes, City Engineer W. R. Slaton /s/ W. R. Slaton Warren and Purtell, Inc. By /s/ J. M. Tierney APPROVED: /s/ Vaughn E. Wilson Vaughn E. Wilson, City Attorney W, �l-13»37-63 Motion by Commissioner Forrest, seconded by Commissioner Carpenter., motion carried, Mayor Pro-tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, the follow- ing resolution was passed. _ RESOLUTION 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 45th Street and 46th Street from Flint Avenue to Gary Avenue, have requested permission to have pavement improvements constructed on the aforementioned streets, and the paving of said streets 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, SAS, Forrest Lumber Company, owners of the. property abutting on the herein described streets and avenues will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the aborementioned plans and specifications under the supervision of the City Engineer, and the said owners de- sire that the City contribute its customary share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $9476.9% the total cost not over $9950.80, and the City's share in connection therewith woad not exceed $596.41, leaving the property owner's portion not to exceed $9354.39, of which latter amount the City now holds $926.56, in escrow, such costs bung 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 $596.41 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 }Mans 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 1619 45th Street from Flint Avenue to Gray Avenue, Unit 1620 46th Street from Flint Avenue to Gary Avenue. The City Engineer is further authorized and directed to daly inspect said paving con- struction on said 45th and 46th 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 aborementioned improvements a sum not to exceed $122,56 which is the City share $596.41 less $473.85 engineering plus the aborementioned sum now held in escrow of $926.56, leaving the remaining amount due the contractor from the property owners not to exceed $%27.83. Section 2. This authority is conditioned that Forrest Lumber Company and the contractor will pay all material and labor and costs incidental to such construction, indemnify the City of Lubbock against any costs, claims or damages of every naturb pertaining thereto and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if arty, are adequately covered by public liability and property damage insurance policies, that the said Forrest Lumber Company and the contractor will pay for alYmateria:'`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 Forrest Lumber Company and other owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that upon com- pletion thereof and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said 45th and 46th Streets and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum not to exceed $122.56, which will be due December 15, 1954, and the aforementioned sum now held in escrow of $92 6.56, which will be due upon completion and acceptance. On motion of Commissioner Forrest, seconded by Commissioner Carpenter, the foregoing resolution was unanimously passed by the City Commission this 24th day of June, 1954. ATTEST= /s/ Lavenia Lowe Lavenia Lowe, City Secretary /s/ Lennis Baker Mayor Pro- tem MURRELL R. TRIPP., Mir I, Sam Lemons , representing Forrest Lumber Company and the remaining owners of abutting property on the abovementioned street4 and Warren and Purtell, Incorporated, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. Forrest Lumber Company By /s/ Sam Lemons Warren & Purtell, Incorporated Approved: Approved: By /s/ J. M. Tierney /s/ W. B. Holmes /s/ Vaughn E. Wilson W. B. Holmes= City Engineer Vaughn E_ Wilsa Sit¥lit -1 •• $ Motion by Cohnissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro -teen Baker sand Commissioners Carpenter and Forrest voting Yea, none voting Nay, to authorize Mayor Pro-tem Lennis Baker to execute a release on behalf of the City of Lubbock providing that the City will relinquish its right to construct water lines across the 16.633 acre tract of �e release land which is being sold by Mr. George Soash to the Texas State Highway Department as a site for t bottom Of their District Office and Warehouse. The right to cross this property was obtained by the City from the Rumph Estate when the water well sites and water rights were obtained on the large ige' area in the vicinity of the "Circle" South of Lubbock. Since 66th Street and the proposed Slaton Highway right-of-way has been obtained, water lines have been constructed in these locations and there will be no need for the City to maintain easements crossing the 16.633 acre tract. Motion by Coimnissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro -ten Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, the following resolution was passed: RESOLUTION 'his Resolu- A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A WARRANTY DEED TO W. R. SLATCN, FOR THE ;ion was PROPERTY KNONN AS THE JACK LEWIS PARK, LOCATED BETWEEN CANTON AND.BOSTON AVENUES AND.3$TH -evoked by AND 40TU STREETS. R6solut ion )assed by WHEREAS, on May 270 1954s the City Commission received bids for the sale of property known )y the City as the Jack Lewis Park, and accepted a bid submitted by W. R. Slaton in the amount of Forty -Anna 'lommission Thousand Six Hundred Dollars ($41,600.00) subject to the approval of the City of Lubbock Park m July 8, Board; and, L954, see )age 56 of WHEREAS, the Park Board of the City of Lubbock has approved the sale of thisland, based ;his book for upon the above mentioned bid; NOW, THEREFORE, lesolution. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor is hereby authorized and directed to execute a Warranty Deed to W. R. Slaton conveying the following described property for the consideration of Forty -One - Thousand Six Hundred Dollars ($41,600.00), to be paid as follows: Eleven Thousand Six Hundred Dollars ($11,600.00) cash, and Thirty Thousand Dollars ($30,000.00) secured by vendor's lien note due on or before one (1) year from date, bearing six per cert (6%) interest. The property is described as follows-. ' A tract of land out of the Northwest One -Fourth (NW 1/4) of the Southeast One -Fourth (SE 1/4) of the Northeast One -Fourth (NE 1/4) of Survey Fourteen (14), Block B, Lubbock County, Texas, and originally being the North ten (10) acres, more or less, of Block Seven (7) of the L. D. Kinser Sub. as recorded in Deed Records, Lubbock County, Texas, Volume 139, page 170, said tract being bounded on the North by 38th Street, on the South by 40th Street, and on the East by Boston Avenue and on the West by Canton Avenue, and being more particularly de- scribed as follows. - BEGINNING at a point 690 feet West and 1350 feet South of the Northeast corner of Survey 140 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. SECTION 2. The City Secretary shall attest the deed and affix the corporate seal of the City of Lubbock. On motion of Commissioner Carpenter, seconded by Commissioner Forrest, this Resolution was passed by the following vote, on this the 24th day of June, 1954: Commissioners voting "YEA= Carpenter, Forrest and Lennis Baker, Mayor Pro-tem Commissioners voting "NAY": None /s/ Lennis Baker Mayor Pro-tem MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary THE STATE OF TEXAS COUNTY OF LUBBOCK RELEASE lee KNOW ALL MEN BY THESE PRESENTS: ;4-13-38-64 .t top of That the City of Lubbock, a Home Rule Municipal corporation of Lubbock County, Texas, ,his page for secured a deed from Paul E. Rumph and others on May 8, 1950, and said deed isrecorded in :tem regarding Volume 408, page 410, of the Deed Records of Lubbock County, Texas, also on May 1, 1952, an ,his release exhange deed was signed by Paul E. Rumph and others and the City Officialsct the City of Lubbock and this exchange deed is recorded in Volume 483, on Page 16 of the Deed Records of J Lubbock County, Texas. WHEREAS,$ in the two deeds referred to above, the City of Lubbock was granted right of way easements and full rights to ingress and egress for water pipe line construction and maint enan ce. THEREFORE, the purpose of this release is to release said right of way easements in so far as same pertains to a certain portion of the land involved, being hereinafter described: THEREFORE, for and in consideration of Ten and No/100 DOLLARS ($10.00) cash in hand paid by George W. Soash, the receipt of which is hereby acknowledged and confessed, the City of Lubbock does hereby release and quitclaim any right ofway easements that the City of Lubbock now has in and to the following described tract of land, to —wit: 16.633 acres of land out of the SEk Section 2, Block E, Lubbock County, Texas, described by metes and bounds as follows: !I BEGINNING at a 3/4" iron pipe set for the SE corner of Section 2, Block E, in center of 66th Street; Thence S. 89054' 25►t W. 977.0 feet following S. line of Section 2, Block E; Thence N. 0 003t 05" W. 45.0 feet to the SE and beginning corner of this tract; Thence S. 89054t 25" W. 063.0 feet to the SE corner of a 40 foot square tract owned by -the- ' City of Lubbock; Thence Dr, 0 0031 05" W. 40.0 feet; Thence S. 890541 25" W. 40.0 feet; Thence S. 0 0031 0511 E. 40.0 feet; Thence S. 890541 2511 W. 341.2 feet to a 3/411 iron pipe set on E. Side of alley in Block 15, Willona Villege, addition to the City of Lubbock; Thence N. 0 0Ot 2011 W. 187.3 feet to a 3/4" iron pipe set on E. side of said alley; Thence N. 190521 0511 E. 601.4 feet to a 3/4"iron pipe set on E. side of said alley; and in proposed S. line of..U. S. Highway 84; Thence S. 80014t 15ft E. 611.3 feet following proposed S.li.ne of U. S. Highway-84; Thence S. 86056, 10" E. 34.8 feet following proposed S. Line of U. S. Highway 84; Thence S. 700141 15" E. 564.3 feet following proposed S. Line of said Highway to the NW corner of a tract owned by the City of Lubbock; Thence S. 0 003' 05" E. following W. line of City tract 352.5 feet to the beginning corner of this survey, containing 16.633 acres of land. It is expressly agreed and understood, however, that this release shall not waive, sub- ordinate or in any manner invalidate any rights the City of Lubbock has, or might have, in the deeds referred to in the first paragraph of this instrument. CITY OF LUBBOCK /s/ Lennis Baker Mayor Pro -tern Recommended for Approval; ATTEST: 54-13-•39••66 There was discussion of laying of sidewalks in Block 56, McCrumments Second Addition in the vicinity of the Boy Scout Building, and motion was made by Commissioner forrest,a seconded by i Commissioner Carpenter, motion carried, Mayor Pro—tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, to authorize the following: If the Boy Scout Organiza— tion will pay for the 125 foot of sidewalk abutting the property they have leased from the City at Avenue X and 22nd Street, the City hereby agrees to construct at its own expense the remaining sidewalk from 22nd Street to the alley between 21st and 22nd Street plus the drive— way approach. Approximate cost to City $100.00, 1�-39,-67 Bids as follows were read for communication System for Electric Plant No. 2 being Bid No. 574. COMMUNICATIONS SYSTEM FOR POWER PLANT # 2,$ BID NUMBER 574, CLOSED 6-14-54 I+ Sound Photo Stromberg— Gai—Ironics Corporation Equipment Co. Carlson Company Communication System to be furnished as per specifications on bid request. 2,385.00 NO BID 3,435.80 FOR TEST ' FACILITIES 254.35 FOR SERVICE {: 40.00 Less 2% 47.70 �' Grand Total 2,337.30 3,435.80 (Bid No. 574 Continued) Sound Photo Stromberg- Gai-Ironics Equipment Co. Carlson Co. Corporation Brand RCA Delivery 2 weeks 8-10 weeks F. 0, B. Lubbock Lubbock Terms As above Net 30 days Includes installation Does not include 1 year Warranty installation Equipment After consideration of all bids, motion was made by Commissioner Carpenter, seconded by Commie er Forrest, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, to authorize acceptance of the bid of Sound Photo Equipment Company for purchase of this material. 54-13.40-68 Bids as follows were read for tree trimming in the City of Lubbock, being BidKo. 583, this work to be done under the supervision of the City Electrical Superintendent. TREE TRIMI++lNG, BID NUMBER 583, CLOSED 6-17-% Davey Tree Asplundh Tree Eilar Tree Experts Co. Expert Company Experts ?urnish labor and truck £or tree- trimming around City of Lubbock Electric Department Astribution Lines. Work to start within L week after award of the contract and :ompleted by October lat. 1954. If successful bidder has never done this type )f work for the City of Lubbock, they shall submit names and addresses of three (3) lectric Utilities for whom work has been lone: Successful bidder shall furnish in triplicate standard contract for tree trimming and furnish )roof of insurance coverage, approximately 4,000 man hours. • Gabor per man hour 1.90 1.65 1.88 'er truck hour 1.10 (1/2 ton) .95 No Charge gush clipper if used per hour 1.00 .75 No Charge lower saw if used per hour 1.50 1.50 No Charge After consideration of all bids, motion was made by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro.-tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, to authorize acceptance of the bid of Asplundh Tree Expert Company for doing this work. The Mayor being hereby authorized to enter into contract. 4-13-40-69 Bids as follows were read for purchase of Gate Valves, Tapping Sleeves and Valves, Valve Boxes and Manhole Rings and Lids, being Bid No. 586. GATE VALVES, TAPPING SLEEVES, AND VALVES, 2 PIECE VALVES BOXES, MANHOLE RINGS AND LIDS, BID NO. 586, CLOSED 6-19--54 Viking Supply Iowa Valve Rohan Corporation Company Compaay 10 8" hub end gate valves, underground service ' clos'e right hand, cast iron body bronze mounted non -rising stem AWWA Specifications; valves to be 7p.50/ea. 63.20/ea 75.80 Mueller, M and H, or Iowa, 705,00 632.00 758.00 15 611 hub end gate valves, underground service close right hand, cast iron body bronze mounted non -rising stem AWWA specifications; valves to be 43.70/ea 40.75/ea 49.05/ea Mueller, M and H, or Iowa. 655.50 611.25 735.75 25 411 hub end gate valves, underground service close right hand; cast iron body bronze mounted non -rising stem AWWA specifications; valves to be 28.00/ea 27.00/ea 31.35/ea Mueller, M and H or Iowa. 700.00 675,00 783.75 75 3" hub end gate valves, underground service close right hand, cast iron body bronze mounted non -rising stem AWWA specifications; valves to be 24.00/ea 22.90/ea 24.65/ea Mueller, M and H,'or Iowa. 1,800.00 1,717.50 1,848.75 Trinity Valley & Steel Company (Bid No. 586 Continued), 5. 150 211 same as item #4 6. 3 60 X 4" tapping sleeves and galvesfbr 61, class 150 cast iron pipe. - 7. 3 6" X 411 tapping sleeves and valves f or 6" class 150 rough transite pipe. _ 8. 4 6" X 61, tapping sleeves and valves 2)r 6" class 150 rough transite pipe. 11 9. 3 8" X 4" tapping sleeves and valves for 8" class 150 rough transite pipe . 10. 2 811 X 6" tapping sleeves and valves for 8" class 150 cast iron pipe. 11. 1 8" X 8" tapping sleeves and valves for 8" class 150 rough transite pipe. 12, 2 10" X 4" tapping sleeves and valves for 10" class 150 cast iron pipe. - fl 33 113./ 0" X 6" tapping sleeves and valves for 10" class 150 cast iron pipe. j` 14. 1 10" X 8" tapping sleeves and valves for 10" II class 150 cast iron pipe. 15. 1 10" X 8" tapping sleeves and valves for 10" I class 150 rough transite pipe. 16. 200_Standard 2 piece valve boxes. 11 17. 100 Standard mnahole rings and lids, total weight not less than 300 lbs. each, open- ing to be about 2411. TOTAL LESS 2% GRAND TOTAL Brand Delivery Terms F.O.B. Viking Supply Iowa Valves Rohan Corporation Company Company Trinity Valley & Steel Co. 17.80/ea 17.60/ea 18.80/ea 2,9670.00 2,640.00 2,9820.00 58:35/ea 65.65/ea 63.15/ea , 175.05 196.95 189.45 58.35/ea 6,5.65/ea 63.15/ea 175.05 196.95 189.45 80.75/ea $9.85/ea 85.90/ea 323.00 359.40 343.60 67.90/ea 72.05/ea 73.05/ea 203.70 216.15 219.15 91.75/ea 9b-30/ea . 97.65/ea 183.50 192,60 195.30 122.20/ea 12.7.90/sa 130.00/ea 122.20 127.90 130.00 $2.35/ea 8.7.60/ea ,88.40/ea 164.70 175.20 176.80 106.30/ea 112.50/ea 113.00/ea 318.90 33.7.50 339.00 142.90/ea 143.3 0/ea 152.00/ea 142.90 143.30 152.00 142.90/ea 143.30/ea 162.40/ea 142.90 143.30 162.40 Dallas.Foundry Dallas Foundry 4.24/ea 4.20/ea 6.50/ea 848,00 840.00 1000.00 1-2 weeks 2 weeks 1-2 weeks 2 weeks 19.45/ea 19.35/ea 21.50/ea 1,945,00 1,935.00 2,150.00 11002.40 11,818.40 226.05 236.37 11,076.35 14582.03 -- M. and H Iowa A.P.Smith 45-60 days Items 1-5 Items 1-5 1 week 6 weeks; 4-5 weeks 6-15 8 to 6-15 60 to 10 weeks 75 days As above 1/2 of 1% As above 1% 10 days 10 days net 30 Lubbock Well Mach- M. B. Clowe & Morrison inert' & Sup. McKee Cowan Supply Co., Inc. Company Inc. Company 1. 65.83/ea 64.67/ea 65.83/ea 75.58/ea 658,30 646.70 658,30 755.80 2. 42.61/ea 40.08/ea 42.61/ea 48.93/ea 639.15 6ol.2o 639.15 733.95 3. 28.69/ea 25.69/ea 28.66/ea 29.54/ea 717.25 642.25 716,50 738.50 4. 22.65/ea 2202/ea 22.64/ea 23.26/ea 1,698.75 1,651,50 1,698.00 1,744.50 5. 16.38/ea 16.33/ea 16.37/ea 16-.96/ea 2*457.00 . 2,449.50 2,455.50 2,544.00 �I 6. 68.39/ea 53.53/ea 68.39/ea 205.17 160,59 405.17 7. 76.49/ea 53.53/ea •68.39/ea 229.47 160.59 205.17 Lubbock Lubbock Rensselaer Taylor Valve Co. Foundry camperly 67.83/ea 678.30 43.86/ea 657.90 30.42/ea 760.50 23.89/ea 1,791.75 18.18/ea 2,727.00 81.10/ea 243.30 83 . Wea 255.09 Lubbock Alt, Gainesville Foundry Co. 71*87/ea 718.70 46.49/ea 697.35 31.41/ea 785.25 Well M. B. Machinery McKee & Supply Commar�y Co., Inc. 8. 97.19/ea 74.08/ea 388.76 296,32 9. 92.87/ea 62.29/ea 278.61 -186.87 101, 97.19/ea 84.17/ea 194.38 168.34 11. 1.42.80/ea 112.09/ea 14.2.80 -112.09 12, 92.87 /ea 75.55/ea 185.74 151.10 13. 114.14/ea 97.51/ea 342.42 292.53 14. 142.80/ea 131.08/ea 142.80 131.08 15. 148,80/ea 131.08/ea 148,80 331,08 16. Trinity V Dallas F. 6.50/eS • 4.04/ea 1000.00 808.00 1 week 2 weeks Clowe & Cowan Inc, 89,00/ea 356.00 76.49/ea 229,47 97.18/ea 194.36 126.55/ea lZ6.55 92.87/ea 185.74 114.14/ea 342.42 142,s0/ea 142.80 142.80/ea 142,80 Morrison Taylor supply Foundry Company Company Rensselaer Alt. lave Co. 111.89/ea 447.56 95.53/ea 286,59 1.19,30/ea 238.60 156.30/ea 156,30 110.40/ea 220.80 137.95/ea 413.85 168.40/ea 168.40 183.53/ea 183.53 Dallas F. Tafyco with casting 4.04/ea 4.27/ea 4.27/ea 808,OO 854,00 854.00 1 week 2 weeks without casting 4.50/ea 900,00 17, 1 week 1 week 21,15/ea 18.09/ea 17.10/ea 17,13/ea 17.07/ea 2,115.00 1,809.00 1,710.00 1,713.00 1,707.00 TOTAL 11,9844.40 10,398.74 10,815.93 LESS 2% 236.89 216,32 GRAND TOTAL i1,607,51 10098.74 10,599.61 Brand M & H Mueller Crane Tafyco Delivery items 1-5 45-60 days 1-5/weeks stock 2 weeks 2 weeks 6-15 6-15 2 to 5 weeks 3 weeks Terms As above Net 30 As above 2% 10th 1% 10 days prox. F.O.B. Lubbock Lubbock Lubbock Lubbock Lubbock ALL CR NONE ON VALVES AND SLEEVES Rensselaer 1-5 to 3 weeks balance 8 weeks Gainesville Founder Coo Gainesville 5,00/ea 1,000.00 20.90/ea 2,090,00 4 weeks 2% 10th net 30 days Lubbock After consideration of all bids, motion was made by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro -tern Baker and Commissioners Carpenter, and Forrest voting Yea, none voting -Nay, to authorize acceptance of the bid of M. B. McKee Company for purchase of Items 1 through 15; authorize acceptance of the -bid of Clowe and Cowan, Inc., for purchase of Items 16 and 17. . -1 *• 0 Bids as follows were read for purchase of motor grader, being Bid No. 592. MOTOR GRADER, BID NUMBER 592, CLOSED 6-16•-54 Tom W. West Texas Alternate: Carpenter Equipment Co. Equipment Co, - Motor Grader, Allis Chalmers model "D" or equal, engine. ated at 50 horse power @1400 RPM lot moldboard, rear drive. andem construction, front and rear tires 7:50 X 20 6 ply speed forward transmission scarifier, all metal cab, legn -- ing front wheels, power circle turn on blade. 5,7.26.00 91161.80 60000.00 Bess trade-in of one (1) City #3085, 1951 model "C" Allis- halmers tractor serial #C68929 engine #CE10446 with Sickle 1,626.00 1,762.36 2,005.00 over attachment. 4,100.00 7099.44 3,995.00 F.O.B.. Lubbock Lubbock Terms Net Net After consideration of all bids, motion was made by Commissioner Carpenter, seconded by Com- missioner Forrest, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nair, to authorize acceptance of the alternate bid of West Texas Equipment Company for purchase of the used motor grader less the trade-in of one-1951 Model C, Allis Chalmers tractor. 54-13 3-73 Bids as follows were read for purchase of Malrin-Chlorodane, being Bid No. 593. This material. to be used as insecticide. if MALRIN_CHLORODANE, CLOSED JUNE 18, 1954, BID NUMBER 593. Van Water Agricultural Magnolia Redwood National Thompson -Hayward and Rogers Specialties Chemical Co. Chemical Co. Disinfectant Chemical Company - 6-50 gallon drums Company Malrin, Technical 6-55',8 6-55's grade Dichroro Methyl, 9.90/gal 9.90/gal 6.94/gal 7.00/gal 7.35/gal Bis (P-Ethyl -Phenyl) 2,970.00 2,970.00 20290.00 2010.00 2.9370.00 2,205.00 Methane 66.7% O,O-Dimethyldithi- ophosphate of Diethyl Mercaptosudcinate ' 33.3% 1%-- 22.90 2%-47.40 3%- 66.15 II Total 2,970.00 2,970.00 2,267.10 2010.00 2022.60 2,138.85 Brand Agricultural Agricultural Magnolia redwood. National Malathion Specialties -Specialties Malacide Delivery Immediately 3 days Immediately Immediately 10 days F.O.B. Dallas with Lubbock Lubbock Lubbock Lubbock full freight allowed Terms Net 10th 1% 10 days net 30 days 2% 10 days 3% 10th prox. prox. net 30 net 30 After consideration ofall bids, motion was made by Commissioner Forrest, seconded by Com- missioner Carpenter, motion carried, Mayor Pro -tern Baker and Commissioner Carpenter and Forrest voting Yea, none voting Nay, to authorize acceptance of the bid of Magnolia Chemical Company for purchase of this material.. In the.event the Magnolia Chemical Company insecticide does not, meet the"specifications required, authorization is hereby given for acceptance of the bid of Agricultural Specialties for purchase of this material. Y+-13-+43-72 - Bids as follows were read for purchase of crushed stone being BidNo. 594. CRUSHED STONE, BID NUMBER 594, CLOSED JUNE 19, 1954 Lone Star C. C. McBride Elliott Taylor Materials Co. Company Contractor 200 cubic yards 1 3/4" Stone, per yard 3.70 4.96 NO BID - - 740.00 992.00 1 200 cubic yards 1 1/4" Stone, per yard 3.70 4.96 740.00 992.00 200 cubic yards 5/8" Stone, per yard 3.70 4.96 II 740.00 992.00 200 cubic yards 3/8" Stone, per yard less .10 per cubic yard F.O.B. - of 4.20 4.96 840.00 992,00 3,060.00 3,968.00 80.00 160.00 less .20 per cubic yard 2,980.00 3,808.00 Lubbock Lubbock Net Net After consideration of both bids, motion was made by Commissioner Forrest, seconded by Com- missioner Carpenter, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, to authorize acceptance of the bid of Lone Star Materials Company for purchase of thiscrushed stone, it being considered thelowest and best bid. 4-13-44-73 Bids as follows were read for purchase of two automobiles 2)r use by the Police Department - and 1 business coupe for Corporation Court, being Bid No. 600. 2 AUTOMOBILES AND 1 BUSINESS COUPE, BID NO. 600 Close 6-21-54 Fenner Tubbs Lubbock Auto Kuykendall Louthan-Dowell Company Company Chevrolet Co. Motors 1 1954 4 door sedan automobile equipped with heater, dual defrosters, dual sun visors, dual windshield wipers, oil -bath air cleaner fram oil filter, direotional lights, operators arm rest, spare tire and wheel, color to be Ply. Plaza Ford black. 1865.33 1351.85 1870,00 1883.35 Less trade-in Harley Davidson motorcycle, 300.00 75.00 400.00 372.00 City #16-43 - 1565,00 1276,85 1470.00 1511,35 1 Same as Item #1 1865.33 13 51.85 1870.00 1883.35 Less trade-in Harley Davidson motorcycle, 400.33 325.00 290.00 472,00 City #16.,t+4 1465.00 1026.85 1580,00 1411.35 Alternate Bid #1 1 1954 4-door sedan automobile equipped with 5-6. 70 X 15 tires 100 to 115 H.P. motor, compression 7:2-5 to 1, axle ratio 3.7 to 1, wheelbase 114 to 116 inches, heavy duty clutch heavy duty springs, heavy duty transmission bearing, 120 amp hour battery, heavy duty seat springs and floor mat, front bumper guard, ash Ply. Plaza tray, dual defrosters, heater, dual windshield 1886,58 1370oO8 1920.00 1904,60 wipers and sun visors, arm rest for operator, fram oil filter, gasoline filter, oil bath air cleaner, directional lights Less trade-in Harley-Davidson motorcycle, City #16-43 1952 300.33 75.00 400,00 377.00 1586,25 1295.0B 1520.00 1527.60 1 Same as item 3 1886.58 1370.08 1920.00 1904.60 Less trade-in Harley Davidson motorcycle 400.33 325.00 290.00 477.00 City #16-•44 1951 1486,25 1045.08 1630.00 1427.60 . 1 Same as item 3 except 120 to 130 H.P. 3.79 to 1 axle ratio 1451.08 Dodge-Meadbrook V-8 150 H.P. 2375.05 Les.s_trade-in Harley Davidson motorcycle City #16-43 75.00 197.00 1376.08 1878.05 1 Same as Item #5 1451.08 2375.05 Less trade-in Harley Davidson 325.00 597.00 City #16-44 1126.08 1778405 . 1 1954 2-door business coupe equipped with - heater, dual defrosters, dual sun visors, dual windshield wipers, oil bath air cleaner, fram oil filter, directional lights, operator Plymouth Ford Mainline arm rest, cigarette lighter, spare tire and Plaza - 2 door 6 Cyl. Bus. wheel, color black. Bus.Coupe Coupe. 1495.00 1229,70 1384.00 All sedan automobiles to be equipped with - model 405 fresh air heater and defroster. After consideration of 'all bids, motion was made by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, to authorize acceptance of the bid of Lubbock Auto Company for purchase of Items 3, 4, and 7. A4 13�74 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro -tern Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, to authorize advertising for bids for sale of ten (10) small houses recently purchased by the City in connection with acquisition of right-of-way for Avenue_Q Northeast. Bids to be received July 8, 1954. The following report was given the City Commission. - The City Planning and Zoning Commission in.Regular Meeting, June 3, 1954, unanimously recommended to the City Commission that the following zone change request not be granted. ZONE CASE NO. /� - Request of J. G. Wilkerson to change Lots 5 through 9, Block 14, Phyllis Wheatley from the "B" to the "J" Zoning District (David Avenue and 37th Street). The reason the Planning and Zoning Commission stated for their recommendation was that to grant such a request would be in violation of the established deed restrictions in this area, and therefore would be in bad faith to those who have built residences and to loan companies that have guaranteed loans in this addition subject to those deed restrictions. 54-13-45-76 There was discussion of passage of an ordinance to prohibit parking on the East side of the 1900 Block of Boston Avenue from 19th Street to the alley South of 19th 6treet a distance of 225 feet; On the West side of the 1900 Block of Boston Avenue from 19th Street south 120 feet; On the east side of the 1900 Block of Flint Avenue from 19th Street south to the alley south of 19th Street a distance of 225 feet; On the west side of the 1900 Block of Flint Avenue from 19th Street south 120 feet; On the east side of the 1900 Block of Indiana Avenue from 19th Street south to the alley south of 19th Street a distance of 225 feet; On the west side of the 1900 Block of Indiana Avenue from 19th Street south to 20th Street, a distance of 282 feet. This traffic item was taken under advisement. The item to be put on the Agenda for further consideration on July 8, 1954. The following report was given the City Commission: Mr. Glen Turner has resigned as Planning Engineer, effective June 27th, Mr, Henry M. DeNoble, Traffic Engineer, has been promoted to the position of Director of Planning and Traffic. Mr. Jack Miller, a former employee of the City Engineering Department .and a graduate civil engineer, has been employeed to fill, the position of Planning Engineer under the direction of Mr. DeNoble. Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, to approve the recommendation of the Library Board and authorize purchase through the Lubbock Insurance Exchange of fire and extended coverage insurance on the Library Building located at 19th and Avenue T in the amount of $176,000;for insurance coverage on contents in the building in the amount of $100,000.00, said contents including books now on loan from the Texas State Library._ Authorization being hereby given for the purchase at this time of a three year-80% Co -Insurance policy. Approximate cost of this insurance per year $152.00. It is recommended by the Library Board that an additional $100,000.00 insurance coverage be purchased on "contents" when a sufficient number of books are purchased to complete the library. 54 13�G5�-9 There was discussion of the manner of settlement of bill rendered to Mr. C. A. Gibson dated July 6, 1953 in the amount of $507.14 for replacing curb and gutter on South side of 34th Street just West of Elgin Avenue and the City Attorney was requested to give the City Commission a report in this regard at their next regular meeting. Ij 54-13-45-•80 There was discussion of the claim of the Housing Authority of City of Lubbock for $2,815.24 of refund to them at a 10% discount on utility bills paid the City as provided in the original contract. This claim was taken under advisement. 56=13-45-80A Mr. Albert Fortenberry of Lubbock Bus Company and his Attorney, Waggoner parr, appeared before the City Commission and again requested the discontinuance of services on the following bus lines, from 7.00 to 12.00 P-.M.: 1. 32nd Street ,- 15th Street and Tech 2. Green Acres - 28th Street " and Avenue H 3. Avenue N - 38th Street and 19th Street - Ellwood A recent survey made of persons riding the buses between the hours of 7:00 and 12:00 O'clock P.M. on the above bus lines is as follows: The survey made of the 32nd Street - 19th Street bus indicates that from 43 to 54 passengers ride the bus each night. Out of this -number, from 25 to 28 are taking trips which might be classed as essential. And of this number, from 16 to 21 have no other means of transportation other than bus or taxi service. The survey made of the (green Acres - Avenue H bus indicates that from 39 to 52 passengers ride the bus each nigght. Of this number, about 29 or 30 ride for what might be classed -as essential reasons. Of these passengers, from 18 to 20 have no other means of transportation Qther than bus or taxi servic e. The survey of the Avenue N - 19th Street bus indicates that the bus has 51 to 63 passengers that ride the bus each night of whom about 34 -will be riding for reasons that might be called essential. Of these Basgengers, from 2-7 to 29 have no other means of trans- portation other than bus or taxi service. Action by the City Commission in this regard was deferred. 4-13-4b-81 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, to authorize installation of transformers to serve Town and Country shopping Center located at 4th Street and College Avenue at estimated cost of ,$2,500.00. 4-13-46-82 The City Commission considered passage of an ordinance regulating the operation of trailer coach parks within the city limits, said ordinance to be effective a year from date of passage for all trailer coach parks now in operation. Mr. Wilkie Talbert of 515 Avenue-Q who operates a trailer coach park at said location appeared before the City Commission and requested that passage of an ordinance regulating the operation of trailer coach parks be deferred until July 8, whereupon passage of said ordinance was deferred, and will appear on the City Commission Agenda of July 8, 1954. 4-13-46-83 The following letter was received from Walter Davies, County Judge of Lubbock County. Lubbock County Lubbock, Texas June 21, 1954 Hon. Murrell R. Tripp and City Commissioners City Hail Lubbock, Texas In re: gity-County Welfare Department Gentlemen: It is the understanding of the County Commissioners' Court that the fifty-fifty arrangement - payment into the City County Welfare Department will go through the year 1954,and that the arrangement of the 35% for the city and 65% for the county -411 begin January 1, 1955. Our budget year begins January 1, 1955; therefore, if we do not hear anything to the contrary, we will assume that our payments will be fifty-fifty through the year 1954. Yours very respectfully, /s/ Walter Davies Walter Davies County Judge WD:d cc; Mr. Al Couch, Auditor 4-%1.3-46-84 It was brought to the attention of the City Commission that Mr. W. J. Martin, Recorder of the Corporation Court, has submitted his resignation as Recorder effective July 5, 1954• The City Commission'unknimously directed that the Personnel Department of City of Lubbock accept applications for this position and a report of said applications be given the City Commission in -the Regular Meeting July 8, 1954. 4 13-46-85 Notion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter and -Forrest voting Yea, none voting Nay, to grant the request of the Dokey�-Nomad Spastic Aid Committee of the Lubbock Knights of Pythias wherein they request permission to use a sound system, and to block Texas Avenue from Main Street to loth Street at 3:45 o'clock P. M. on July 1, 1954, in order to advertise a benefit show at this location, proceeds from said show to go to aid Lubbock's spastic Paralysis victims. i-ri-2-46-86- The f oll owing report was given to the City Commission - 1. That the City of Lubbock add one additional Warrant Officer to the Warrant Division and be assigned to parking ticket warrants only. 2. That the City Commission establish a general policy to be transmitted to the Judge of CorporAtion Court to the effect that the fine for over -time parking be increased from -- $1.00 to $2.00 after five (5) days following the violation. that this policy be effective with the inauguration of the new envelope type ticket. 3. That the City Commission establish a policy to be transmmi.tted to the Judge of Cor- poration Court that a fine of $10.00 for failure- to appear be established on parking tickets when it is necessary to send a Warrant Officer for the violator. Mr. Andrews, Director of Public Safety stated to the Commission that an additional Warrant Officer is not required at this time as some personnel changes have been made to take care of this item. 2 As to item/as set out above, the City Commission approved the recommendation with the stipulation) that the fine for over -time parking be increased from $1.00 to $2.00 after ten (10) days I following the violation. The recommendation as set out in item 3abovee was approved. 54-13-474-7 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay, to approve change order No. 1 to contract of Kerr and Middleton for paving, GWO No. 835, for 64 blocks of street paving and 1 Block of alley paving, to extend completion date of this contract from July 1, 1954 to August 1, 1954. 54-13". 47;-88 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro- tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay to approve plans and specifications for the construction of a meter repair shop as an addition to the present Electric Service Building and Warehouse located Northeast of Lubbock on the Amarillo highway. Estimated cost of this project is $12,000.00, payment for same to be made from Electric Depart- ment Budgeted Funds. Bids for construction of this building to be received by City Commission July 22, 1954. 54-13-47-89 Dr. Barsh, Chairman of the City County Welfare appeared before the City Commission and made an oral report in regard to the health and welfare survey being made in Lubbock by Mr. Swander, director of Community Chest in San Antonio, Texas. This report was taken under advisement. �4-13-47-90 It was brought to the.attention of the City Commission that complaints have been -received from residents in the vicinity of 34th Street between Avenue H and J because of the noise made after 10:30 P. M. by persons attending Revival Meeting being held in a tent in this area. The City Commission directed the City Attorney Office to tell the residents who are complaining that if they wish to file a claim to get the noise abated, the City Attorney Office will work with then in this regard. �yt 1-3-47-91 Motion b;., Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor "" Pro -tern Baker and Commissioners Carpenter and Forrest voting Yea, none voting My, to authorize the Mayor to aekhowledge on behalf of.the City of Lubbock the acceptance of an assignment to J. E. Birdwell of the money due L. A. Purtell.by the City of Lubbock on purchas@ of water rights covering all of Section 68 and the. East 258.31 acres of section 67 all in Block A Melvin Blum and Blum Survey, Bailey County, Texas. The consideration involved in.this assignment is $9096.10. THE STATK OF TEXAS } ( A S S I G N M E N T COUNTY OF LUB BOC K ) KNOW ALL MEN BY THESE PRESENTS: . WMEAS, ON January 30, 1953, L. A. Purtell and wife, Havel Purtell, made, executed and delivered to the City of Lubbock, in Lubbock County, Texas, one certain warranty deed whereby the said Grantors conveyed to the said Grantee certain water rights and water located in and under and that may be produced from the following described real estate, together with other real estate described in said deed, to wit: All of Section No. Sixty -Eight (68) and the East 258.31 Acres (E. 258.31 A.) of Section No. Sixty -Seven (67), all in Block A, Melvin Blum & Blum Survey, Bailey County, Texas, said deed being recorded in Volume 59, at page 165, of the Deed Records of Bailey County, Texas, and to which deed reference is hereby made for a full description of the terms and conditions of said deed; and whereas, the City of Lubbock has withheld payment of the consid- eration for the conveyance of said water in said lands, in the total sum of NINE THOUSAND NINETY SIX and 10/100 ($9096.10) DOLIARS, said sum being withheld until such time as J. E. Birdwell, the original owner of said water rights under said lands, and who conveyed said water rights to the said L. A. Purtell, should obtain a release from Kansas City Life Insurance Company of a Deed of Trust Lien hereinafter described; and, WHEREAS, on said 30th day of January, 1953, said real estate was covered by a Deed of Trust Lihn shown of record in Volume 22, at page 175, of the Deed of Trust Records of Bailey County, Texas, given as security for the payment of a note in the original sum of $12,000, and the unpaid balance on said note on said date was $9,769.56; and whereas, thereafter a Deed of Trust dated July 17, 1953, shown of record in Volume 27, page 23 of the Deed of Trust Records of Bailey County, Texas, was executed by J. E. Birdwell and wife, Genene Birdwell, renewing and extending the unpaid balance of said original note on said date, $9,769.56, payable to Kansas City Life Insurance Company, in annual installments as shown in said Deed of Trust; and, WHEREAS, the City of Lubbock has refused to pay said unpaid consideration of $9,906.10 until said City of Lubbock is furnished with a full release of said above described Deeds of Trust as to said above described water rights and interests in water under said lands, executed by said Kansas City Life Insurance Company or its assigns; and, WHEREAS, the said J. E. Birdwell, in order to hold the said L. A. Purtell harmless from any loss or damage by reason of the inability of the said J. E. Birdwell to obtain at this time a release of said Deed of Trust Lein, has paid to the said L. A. Purtell the sum of $9,096.10; NOW, THEREFORE, I, the said L. A. Purtell, in consideration of said payment, do hereby sell, assign and transfer absolutely unto the said J. E. Birdwell, his executors, administrators, or assigns, all my right, title and interest in and to the abovementioned fund of $9,096.10 owing to me by said City of Lubbock, as part of the consideration for said conveyance from me_ to the said City of Lubbock, and I do hereby sell, assign and.transfer unto the said J. E. Birdwell all privileges, benefits and advantages to be derived from said right to said fund. I hereby fully authorize and empower the said assignee, his executors,-adminstrators or assigns, to accept said sum of money from the City of Lubbock and to give a receipt therefor, and to execute such instruments and releases as the City of Lubbock may require to evidence the payment thereof; I do hereby irrevocably constitute and appoint the said J. E. Birdwell, or his executors, administrators or assigns, my attorney or attorneys, with full power of substitution and revocationtion in my name or otherwise, but at his or their own cost, to take all proceedings and execute any or all instruments to fully carry this assignment into effect, and to perform every act and thing in and about the premises, hereby ratifying and confirming all that said attorney or attorneys, or his or their substitutes, may do,.and I especially authorize said City of Lubbock to pay to the said J. E. Birdwell, or his executors, administrators, or assigns, said sum of $9,096.10, without payment to me of any further consideration. WITNESS MY HAND THIS 25th day of June, A. D. 1954. /s/ L. A. Purtell L. A. Purtell THE STATE OF TEXAS ) C COUNTY OF LUBBOCK ) BEFORE ME, the undersigned, a Notary Public in and for said County, Texas, on this day personally appeared L. A. Purtell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN VNDER MY HAND AND SEAL OF OFFICE MS THE 25th day of June, A. D. 1954. /s/ J. Orville Smith NOTARY PUBLIC, LUBBOCK COUNTY, TEXAS ACCEPTANCE BY THE CITY OF LUBBOCK The City of Lubbock, acting by and through Lennis Baker 2 thereunto duly authorized, hereby acknowledges receipt of a c opy of the above and foregoing Assignment, and acknowledges that said obligation of $9,096.10 is payable to the said.L. A. Purtell, and by authority of said Assignment will be paid to the said J. E. Birdwell, conditioned only on full and final release by the holder and owner of said Deed of Trust Lien described in said Assignment, filed for record in Bailey County , Texas, said release to be obtained by the 'he date said J. E. Birdwell and filed for record not later than January 10, 1955. Said sum of January 10, $9,096.10, while retained by said City of Lubbock, shall bear no interest. .955 in this )aragraph should be January 10, .956. ,orrected in [inutes of July $, EXECUTED this 24th day of June , A. D. 1954. 1954, see page t CITY OF LUBBOCK Lubbock County, Texas 0-' --- C 7V- `-) \ 1 , By; /s/ Lennis Baker, Mayor Pro-tem 54n3-48-92 Motion by Commissioner Carpenter, seconded by Commission Forrest, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter and Forrest voting Yea, none voting Nay to authorize the Mayor to execute a contract on behalf of the City of Lubbock with Hopkins Drilling Service of Lubbock, Texas, for drilling and casing four (4)-4 inch observation holes in West Lubbock County water well field. Informal bids were requested for drilling these observation hales and only one bid was receive, said bid being in the amount of $496.60 by Hopkins Drilling Service of Lubbock, Texas. Said crater well observation holes to be drilled in Section 17, Block D-5, EL & RR Railroad Company Survey, Lubbock County, Texas. This being in the Shallowater Well Field. 54-13-49■!93 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro-tem Baker and Commissioners Carpentepfind Forrest voting Yea, none voting Nay, the follow- ing Resolution was passed: RESOLUTION 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 Hartford Avenue from 40th Street to 41st Street, Hartford Avenue from 42nd Street to 43rd Street, Hartford Avenue from 43rd Street to 44th Street, have requested permission to have pavement improvements constructed on the aforementioned Hartford Avenue, and the paving of said Hartford Avenue 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, Forrest Lumber Company and other owners of the property abutting on the herein described streets and avenue will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the abovementioned plans and specifications under the supervision of the City Engineer, and the said owners desire that the City contribute its customary share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $6,414.43, the total cost not over $6,735,15, and the City's share in connection therewith would not exceed $1,81.2.45, leaving the property owner's portion not to exceed $4,922,70, such costs being well within the current pricesfor 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 $1,812,45 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. 1621 Hartford Avenue from its intersection with the South Property Line of 40th Street to its intersection with the North 'Property Line of 41st Street. Unit No. 1622 Hartford Avenue from its intersection with the South Property Line of 42nd Street to its intersection with the North Property Line of 43rd Street. Unit No, 1623 Hartford Avenue from its intersection with the South Property Line of 43rd Street to its intersection with the North Property Line of 44th Street, The City Engineer is further authorized and directed to duly inspect said paving con- struction on said Hartford Avenue and to require strict compliance with the approved plans and specifications, qnd 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 $1491.73 which is the City share $1812.45 less $320.72 engineering, leaving the amount due the contractor from the property owners not to exceed $4922.70. Section 2. This authority is conditioned that Forrest Lumber Company 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 adequ4tely covered by public liability and property damage insurance policies, that the said Forrest Lumber Company and other owners of abutting property will cause such paving to continue to be done according to the approved plansand specifications, and that upon completion thereof and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said Hartford Avenue and the property of the City of Lubbock, withoutany liability whatsoever, except for the payment of a slam $1491.73 to the contractor after December 15, 1954. On motion of Commissioner Carpenter, seconded by Commissioner Forrest, the foregoing resolution was unanimously passed by the City Commission this 24th day of June, 1954. ATTEST: fs/ Lavenia Lowe Lavenia Lowe, City Secretary /s/ Lennis Baker Mayor Pro-tem Murrell R. Tripp, Mayor I, Sam Lemons, representing Forrest Lumber Company and the remaining owners of abutting pro. perty on the abovementioned streets, and Warren and Purtell, Incorporated, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated, proved: Afsf W. B. Holmes W. B. Holmes, City Engineer Approved: fsf Vaughn E. Wilson, City Attorney Forrest Lumber Company By /s/ Sam Lemons Warren & Purtell, Inc, By fs/ J. M. Tierney No further business coming up for consideration, the City Commission adjourned. Read and approved, this the 8th day of .. July , 1954 K A Z" A�-� MU , yo r La nia Lowe, ty Sec etary-Treasurer r