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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/8/1954�i I 1R_11ZNNMW0 iNIM Lubbock, Texas July 8, 1954 The City Commission of the City of Lubbock, Texas, met at 10:00 o'clock A.M. in Regular Session at the regular meeting place in the'City Hall. The following members thereof being present, to wit: Mayor Pro -tern Lennis Baker, Commissioners Hurley Carpenter, S. S. Forrest, Lucian Thomas, City Manager, Steve Matthews, City Attorney, Vaughn E. Wilson and City Secretary -Treasurer Lavenia Lowe. Absent: Mayor Mubrell R. Tripp. Motion by Commissioner Forrest, seconded by Commoibsioner Carpenter, motion carried, Mayor Pro -tern Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nays the City Commission Minutes as follows were approved: Recessed Regular Meeting June 19, 1954 Regular Meeting June 24, 1954 54-13-51o,94 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nays Ordinance No. 1577 was passed on second and final reading: ORDINANCE NO. 1577 AN ORDINANCE REGULATING PAWNBROKERS; PROVIDING FOR OCCUPATION LICENSE FOR ALL PAWNBROKERS; PROVIDING FOR APPLICATION AND PAYMENT OF LICENSE FEE; PROVIDING FCR DAILY RECORDS TO BE KEPT AND FURNISHED TO THE CHIEF OF POLICE; PROVIDING FOR VISITATION AND EXAMINATION OF THE PREMISES AND GOODS, PROVIDING A PENALTY; AUTHORIZING PUBLICATION OF THE CAPTION AND PENALTY CLAUSE, 54 13-9r_95 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro -tern Baker and Commissioners Carpenter, Forrest and Thomas'voting Yea, none voting Nay, Ordinance No: 1578 was passed on second and final'reading: ORDINANCE NO. 1578 54-13-51-96 AN ORDINANCE DEFINING AND REGULATING DEALERS IN SECONDHAND OR USED ARTICLES; PROVIDING FOR OCCUPATION LICENSE; PROVIDING FOR.DAILY RECORDS TO BE KEPT AND FUR.NISHED'TO THE CHIEF OF POLICE- PROVIDING -FOR VISITATION AND EXAIAINATION CF THE PRE ISES AND GOODS; PROVIDING FOR A PFNALH; REPEALING ORDINANCES NUMBER �70s, 510, AND 1563; AND AUT HORIZING PUBLICATION OF THE CAPTION AND PENALTY CLAUSE. Bids as follows were received for purchase of 1200 5/8" by 3/411 Water Meters, being Bid No. 601. -WATER METERS, BID NO. 601, CLOSED 7-1-54 Hersey Meter 'Well Machinery Neptune Meter Company & Supply Co. Company 1200 5/8" X 3/4" water meters with connections 22.68/ea ' • 27,216.00 without connections • 21.60/ea 19.80/ea 21.60/ea 25,920.00 23,760.00 25,920.00 —2% 475.20 • 25,920.00 232284.80 25,920.00 Terms Net As above Net Delivery By September By September Do not state 15th, f 54 15th, 154 Model H.F.Hersey AB Calmet Trident F.O.B. Lubbock 'Lubbock Lubbock After consideration of all bids, motion was made by Commissioner Forrest, seconded by Com- missioner Thomas, motion carried, Mayor Pro -tam Baker and Commissioners Forrest, Carpenter, and Thomas voting Yea, none voting Nay, to authorize acceptance of the bid of Well- Machinery and Supply Company for purchase of the Calmet Meters, this being considered the lowest and best bid. 54-13--52-97 Bids as follows were received for purchase of Miscellaneous Electric Hardware, being Bid No. 605. MISCELLANEOUS ELECTRIC HARDWARE, BID NO. 605, CLOSED 6-30-54 Nelson Westinghouse General Southwestern Electrical. Anderson- C. B. Item Electric Electric Electric Electric Supply Young Anderson Jo. Sup. Co. Sup. Company Sup. Co. Sup. Corp. Corp. Electric Company Company L. 1000 Square- washers, Oliver Oliver Joslyn Utility Seyler sine � 1/2" X 2 1/4" X 3/16" Service Material with -a 11/16" hole, stock stock factory stk. 2 3 weeks stock J-1075 or equal. 5.36/c 5.36/c 5.40/c' 5.00/c 5.40/c 5.36/c 5.36/c 53.60 53.60 54.00 50.00 54.00 53.60 53.60 less 1% �, iL .5k .51 �• Total 53. o6 53.06 53.46 53.009 ?. 200 5/8" eye nuts, Oliver Oliver Joslyn Utilities Seyler Line J-1092 or equal. Service Material stock stock factory stk. 2-3 weeks stock 34.01/c 34.01/c 34.12/c 32,39/c 34.12/c 34.01/c 34.01/c 68.02 68.02 68.24 64.6o 68.24 68.02 68.02 Less 1% .68 .68 .68 .68 Total 67.34 67.34 67.56 67..34_. ;. 600 Pin type insulators, Locke Porcelain Locke Porcelain Knox Locke cat #66 or equal. stock 2 weeks factory stk. 10 days 22.25/c 22.25/c 22.45/0 22.�5/c 22.25/c 133.50 133.50' 134.70 133.50 133.50 F, 300 6" suspension Locke Porcelain Locke Porcelain insulators, Pinco #L1510 stock stock factory stk. 10 days 162.50/c 162.50/c 162.50/c 162.50/c 162.50/c 162.50/c ' 487.50 487.50 487.50 487.50 487.50 487.50 i. 150 Clevis type dead -ends Reliable Reliable Reliable Joslyn Fargo for #6 solid copper wire, stock 2 weeks Amarillo stock Reliable oat. #R61LD or 87.52/c 97.81/c 97.81/c 97.81/c 97.81/c 97.81/c equal. 131.28 146.72 146.72 146.72 146.72 146.72 Less 1% 1.47 Total 131.28 146.72 144.25 146.72 146.72 146.72 �. 100 3/4" M-F lock nuts, Oliver Oliver Joslyn Utility Seyler Line J-8584 or equal. Service Material stock 2 weeks factory stk. 2-3 weeks stock 2.91/c 2.91/c 2.91/c 2.77/c 2.91/c 2.32/c 2.91/c 2.91 2.91 2.91 2.77 2.91 2.32 2.91 Less 1% .03 .03 .03 .03 Total 2.88 2.88 2.88 2.77 2.91 2.32 2.88 '. 1000 5/8" M-F lock nuts, Oliver Oliver Joslyn Utility Seyler Line_ J-8583 or equal. Service Material 2.22/c 2.22/c 2.22/c 2.10% 2.22/c 1.77/c 2.22/c 22.20 22.20 22.20, 21.00 22.20 17.70 22.20 Less 1,% .22 .22 _22 _22 r Total 2.1.98 21.98 21.98 21.00 22.20 17.70 21.98 100 1/2" X 8" galvanized Oliver Oliver Joslyn Utility Seyler Line machine bolts J-8708. Service Material 15.48/c 15.48/c 15.48/c 14.70% 1-5,48/c 15.48/c 15.48/c 15.48 51.48 15.48 14.70 15.48 15.48 15.48 Less 1% -15 '.15 . .15 Total 15.33 15.33 15.33 14.70 15.48 15.48 15.33 '. 500 5/0" X'10" galvanized 'Oliver Oliver Joslyn Utility Seyler Line machine bolts J-8810 Service Material or equal. 23.63/c 23.63/c 23.63/c 22.45/c 23.63/c 23.63/c 23.63/c 138.15 118.15 118.15 112.25 118.15 118.15 118.15 Less 1% 1.18 1.18 1.18 1.18 Total 116.97 116.97 116.97 112.25 118.15 11-8.15 116.97 0. 125 5/8" X 18" double Oliver Oliver Joslyn Joslyn Seyler Line arming eye bolts, Amarillo Material J«-9618 or equal. stock 2 weeks stock 2-3 weeks stock 44.92/c 89.06/c 89.o6/c 89.06/c 89.06/c 89.06/c 89.06/c 56.15 1-11.33 111.33 111.33 111.33 111.33 111.33 Less 1% - 66_ 1.1 1.11 1.11 Total ^55.59 110.22 110.22 111.33 111.33 111.33 110.22 0 (Bid No. 605 Continued) Nelson Westinghouse General Southwestern Electrical Anderson- C. B. Electric Electric Electric Electric Sup, Corp. Young Anderson Sup. Co. Sup. Co. Sup. Co. Sup. Corp. Electric Company Company 11. 200 3/4" square washers J-1076 or equal 2 1/4" X Oliver Oliver Joslyn Utility (250) Seyler Line 2 1/4" X 3/16" with 13/16" Service Material hole. stock stock factory stk. stock stock 5.36/c 5.36/c 5.36/c 5.09/c 5.40/c 5.36/c 5.36/c 10.72. 10.72 10.72 10.18 13.50 10.72 10.72 Less 1.% --.0 ___.,11 .11 all Total 10.61 10.61 10.61 10.61 12. .50 3 amp type KS fitall fuse Kearney Westinghouse Kearney Kearney Kearney Line links, Kearney cat. #21003 Material stock 2 weeks 2 weeks 2 weeks stock .52 52.50/c .52 .52 .52 .52 26.00 26.25 26.00 26.00 26,00 26.00 13, 100 10 amp NEMA type "T" Kearney Westinghouse General Kearney Kearney Line fitall cable fuse links, Electric Material Kearney cat. #51010 or equal. stock stock 2 weeks 2 weeks factory ( factory( stock .52 52.50/c .50 .52 .52 .50 52.00 52.50 50.00 52.00 52.00 50.00 !; 14. 100 15 amp NEMA type "T" Kearney Westinghouse General Kearney Kearney Line fitall cable fuse links, Electric Material Kearney cat. 01015 or factory stock 2 weeks 2 weeks factory it equal. stock stock .52 52.50/c .50 .52 .52 .50 52.00 52.50 50.00 52.00 52.00 50.00 15t 50 25 amp NEMA type "T" Kearney Westinghouse Joslyn Kearney Kearney Line fitall cable fuse links, Material Kearney cat. #51025 or factory stock 2 weeks factory equal. stock - stock .52 52.50/c .50 .52 .52 .50 26.00 26.25 25.00 26.00 26.00 25.00 16. 100 Transformer grounding Kearney Kearney Kearney Kearnqy Kearney Kearney lugs, Kearney cat #17546 factory 2 weeks 2 weeks stock 10 days or equal. stock 32.60/c 32.60/c 32.60/c 32.60/a 32.60/c 32.60/c 32.60 32.60 32.60 32.60 32.60 32.60 17.� 200 Bail type dead ends for Reliable Reliable Reliable Joslyn Fargo #6 solid copper wire, Reli- stock 2 weeks Amarillo stock stock able cat ##R61FD or equal. 68.87/c 76.97/c 76.97/c 76.97/c' 76.97/c 72.61/c 137.74 153.94 153.94 153.94 153.94 145.22 18, 250 Bail type dead ends for Reliable Reliable Reliable Joslyn Fargo -#4 solid copper wire, stock 2 weeks factory stock Reliable cat. #R41FD or 10 days equal. 80.31/c 89.76/c 89.76/c 89.76/c 89.76/c 84.62/c 200.78 224.40 224.40 224.40 224.40 211.55 19. 25 Bail type dead ends for Reliable Reliable Reliable Joslyn Fargo #4/0 stranded copper wire, stock 2 weeks Amarillo stock 30 days Reliable #R407FD or equal. 242'.99/c 271.58/c 271.58/c 271.38/c 271.85 310.60/c 60.75 67.90 67.90 67.89 67.90 77.65 20. 400 Steel Insulator pins Oliver Oliver Joslyn Joslyn Line similar to J-203 except with factory Material a 6" shank stock stock stock -stock 55.94,E 223.76 59.10 55.94/c 61.30/c 61.30/c 55.94/c 236.40 223.76 245.20 245.20 223.76 Less 1% 2.a 2.36 2.214 2.2h Total 221.52 234.04 221.52 245.20 245.20 221.52 ALTERNATE: 50 Clevis type dead ends for 54.20/c #2/0 stranded copper wire, 216.80 21. Reliable Reliable Reliable Reliable Joslyn #R207LD or equal. stock 2 weeks factory 161.30% 180.27/c 180.27/c 10 days 180.27/c 180.27/c 80.65 90.14 90.14 90.14 90.14 F.O.B. Lubbock Lubbock Lubbock Lubbock Lubbock Terms As above Brand As above As above As above Net As above As above As above . Net Joslyn Fargo stock 180.27/0 . - 9a.14- Lubbock Point of shipment with trans. portation allowed and pre- paid to Lub- bock, Texas Net As above As above As above u (Bid No. 605 Continued) Southwestern Nelson Westinghouse General Electric Electrical Anderson.. - Electric Electric Electric Supply Supply Young Sup, Co. Sup. Co. Sup. Co. Corporation Corporation Elec. Co. Delivery As above As above Hardware As above Stock As above and in- except sulators, items 4, immediately 8,18,20 fuse links, and 21, and lugs these can • faetory stk, be shipped 7-10 days lee Pages 37 and 68 r. .or Warranty )eed with TendgrIs Lien C. B, Anderson Company As above After consideration of all bids, motion was made by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Pre-tem Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the purchase to be made as follows. - --Ij Accept the bid of Southwestern Electric Supply -Corporation for purchase of Item 10 2, 4, 91 11, and 20, the Alternate Bid being accepted as set out in Item 20; Accept the bid of Westinghouse Electric Supply Company for purchase of Items 3 and lb; Accept the bid of Anderson -Young Electric Company for purchase of Items b and 7; Accept the bid of Nelson Electric Supply Company for purchase of Items 5, 17, 180 19 and 21; Item. 8 was deleted from the bid; Accept the bid of General Electric Supply Company for purchase of Items 10 and 12; Accept the bid of C. B. Anderson for purchase of Items 13, 14 and 15, Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro -tern Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nayf Ordinance No. 1579 was passed as an emergency measure, ORDINANCE NO. 1579 AN ORDINANCE.AUTHORIZING THE SALE OF APPROXIMATELY TEN (10) ACRES OF LAND LOCATED BETWEEN CANTON aND BOSTON AVENUES AND 38TH AND 40TH STREETS; AUTHORIZING THE MAYOR TO EXECUTE WARRANTY DEED TO W. R. SLATON.AND THE ACCEPTANCE OF CONSIDERATION IN CASH AND . PROMISSORY VENDOR'S LIEN NOTE, AND DECLARING AN EMERGRiCY. ily�•l- 54-99 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion cexried, Mayor Pro-tem Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay., Ordinance No. 1580 was passed on first reading, ORDINANCE NO. 1580 AN ORDINANCE ESTABLISHING BUILDING LINES ON THE EAST AND WEST SIDES OF THAT PART AND, PORTION OF QUAKER AVENUE LYING BETWEEN THE NORTH LINE OF 50TH STREET AND THE EAST RIGHT- OF-WAY LINE OF THE BROWNFIELD HIGHWAY, SAID BUILDING LINES BEING MORE PARTICULARLY DESCRIB- ED BY METES AND BOUNDS IN TbE BODY OF THIS ORDINANCE; PROVIDING THAT NO BUILDING OR OTHER STRUCTURES SHALL HEREAFTER.BE ERECTED, RE -ERECTED OR SUBSTANTIALLY REPAIRED BETWEEN SUCH BUILDING LINES; REQUIRING EXISTING STRUCTURES ON OR BETWEEN THE BUILDING LINES HEREIN ESTABLISHED TO CONFORM TO SUCH BUILDING LINES BY OCTOBER 26, 1958; DEFINING "BUILDING LINE" AND PROVIDING THAT SETBACK REQUIREMENTS UNDER ORDINANCE NO. 661 AND AMENDMENTS THERETO BE.DETERMINED FROM THE BUILDING LINE HEREIN ESTABLISHED; PROVIDING EXCEPTIONS FOR,UTILITY EXTENSIONS AND RUBLIC IMFROV05ENTS; AND.REPEALING ORDINANCE..NO. 1452. 4-13-54-100 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor • Pro-tem Baker and •Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1581 was passed on first reading. ORDINANCE NO. 1581 AN ORDINANCE, ABANDONING AND CLOSING THE NORTH -SOUTH ALLEY LOCATED BETWEEN LOTS b AND 7, J. M. STRATTON SUBDIVISION OF THE CITY OF LUBBOCK, TEXAS, I�EING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE. ••13• ZOl Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro -tern Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1582 was passed on first reading. ORDINANCE NO. 1582 AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS, AUTHORIZING THE ISSUANCE OF 2-1f2% INTEREST -BEARING WARRANTS IN THE SUM OF $50. PURSUANT TO CONTRACT WITH CITIZENS NATIONAL BANK, LUBBOCK, TEXAS, SAID WARRANTS TO BE ISSUED IN PAYMENT CF THE OBLIGATION TO SAID BANK.; LEVYING TAX TO PAY PRINCIPAL AND INTEREST OF SAID WARRANTS AT MATURITY, 54-13-55-102 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, MayorPro-tem Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1583 was passed on first reading. ORDINANCE NO. 1583 AN ORDINANCE GRANTING TO THE FORT WORTH AND DENVER RAILWAY COMPANY, ITS ASSIGNEES, SUCCESSORS, AND LESSEES, THE RIGHT, POWER, AND PRIVILEGE OF LOCATING, BUILDING, ERECTING, CONSTRUCTING, AND PROPERLY MAINTAINING ONE OR MORE RAILROAD INDUSTRY TRACKS, AND TO OPERATE ENGINES, CARS, AND TRAINS THEREON, UPON,ALONG, AND ACROSS ELM STREET AND 331D STREET, IN THE CITY OF LUBBOCK, TEXAS. 54-13-5_ 5-103 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1584 was passed as an emergency measure. ORDINANCE NO. 1584 AN ORDINANCE PROHIBITING PARKING ON THE EAST AND WEST SIDES OF BOSTCN AVENUE FROM 19TH STREET SOUTH A DISTANCE OF 225 FEET AND 120 FEET, RESPECTIVELY, AND TFE EAST AND WEST SIDES OF FLINT AVENUE FROM 19TH STREET SOUTH A DISTANCE OF 225 FEET AND-120 FEET, RESPECT- IVELY, AND ON THE EAST AND WEST SIDES OF.INDIANA AVENUE FROM 19TH STREET SOUTH A DISTANCE OF 225 FEET AND 282 FEET, RESPECTIVELY; AUTHORIZING THE PLACING OF UNIFORM SIGNS AND PAINTING OF CURBS; PROVIDING A PENALTY; AUTHORIZING PUBLICATION OF THIS CAPTION; AND DECLARING AN EMERGENCY. 51,�.13-5`r10[� Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the Mayor to execute a power line contract between the City of Lubbock and the Panhandle and Santa Fe Railway Company for power line crossing railroad track at Hartford Avenue and Clovis Road on the Clovis Branch of the railroad at mile post 86 plus 2,761 feet, the following resolution being passed: R E S O L U T I O N BE IT KNOW That on this the 8th day of July, 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 construct and maintain a power line across Railway Company's right-of-way and over its tracks at Mile Post 86 plus 2761 feet which location is at or near said City of Lubbock, Texas, whereupon the following proceedings were had. - It was moved, seconded and unanimously voted that Murrdll R. T•;ipp, Mayor pe , 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 ) ss COUNTY OF LUBBOCK) 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 July 8, 1954s, as the same appears of record in Book 13, Page 55, Minutes of said City Commission. IN TESTIMONY WHEREOFs witness my -hand and the Seal of said City this 8th day of July, 1954. /s/ Lavenia Lowe (SEAL) City Secretary Z-13=5 5-105 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Por-tern Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed. RESOLUTION WHEREAS, the Citizens National Bank of Lubbock, Texas, depository for the City of Lubbock, desires to substitute securities and to release certain United States Treasury Bonds pledged to secure funds on deposit; 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 -release One Million and No/100 ($1,000,000.00) Dollars two and one-fourth per cent (2-1/4%) U. S. Treasury Bonds of June 1962/59, Receipt No. 47780, issued by the Republic National Bank of Dallas, Texas, and in lieu thereof to replace said securities with One -Million and No/100 ($1,000,000.00) Dollars two and one-half per cent (2-1/2%) U. S. Treasury Bond$ of 1967/62, and further providing that bonds of similar kind shall -remain ondeposit at all times adequate to secure the City' s balance with said ,depository. . On motion of Commissioner Carpenter, seconded by Commissioner Forrest, this Resolution was passed on this the 8th day of July, 1954, by unanimous vote of the City Commission. /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer s 54-13-56-106 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed. R E S O L U T I O N A RESOLUTION REVOKING AND MING A CERTAIN RESOLUTION ENTITLED, "A RESOLUTION AUTHOR- IZING THE MAYOR TO EXECUTE A WARRANTY DEED TO W. R. SLATON FOR THE PROPERTY KNOWN AS THE JACK LEWIS PARK, LOCATED BETWEEN CANTON AND BOSTON AVENUES AND 38TH AND 40TH STREETS. ea Ordinance WHEREAS, on June 24, 1954, the City Commission by resolution authorized and directed o. 1579 the Mayor to execute a warranty deed for the sale of certain property to W. R. Slaton; and, WHEREAS., said resolution has been superseded by an ordinance approving said sale -and - authorizing the execution of the warranty deed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. That the authority and direction granted to the Mayor by the resolution passed on June 24, 1954, authorizing and directing him to execute a warranty deed for the consideration of $41,600 to the Jack Lewis Park property, be withdrawn and declared null and void. SECTION 2. that the City Secretary is hereby authorized and directed to indicate upon the margin of the Minute Books of the City Commission that such resolution is null and void and that such authority granted therein has been withdrawn. On motion of Commissioner Forrest, seconded by Commissioner Carpenter, this resolu- tion vas passed on this the 8th day of July, 1954, by the following vote: Commissioners voting "YEA": Carpenter, Forrest, Thomas and Mayor Pro-tem Baker Commissioners voting "NAY": None /s/ Murrell R. Tripp MURRrELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer >4-13-5b-107 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed. R E S 0 L U T I 0 N WHEREAS, the City Commission has heretofore determined that the City would contribute the customary city portion of from ten (10) to forty (40) per cent of the cost of street paving improvements, as determined by side and front property, to be constructed in accord- ance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting 55th Street and Avenue "G", have re- quested permission to have pavement improvements constructed on the aforementioned .55th.- Street and Avenue "G", and the paving of said 55th Street and Avenue t'G" 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, Wiley H. Rogers and other owners of the property abutting on the herein de- scribed streets and avenue will contract separately with a competent contractor for the above street improvement, and said improvements will be constructed in accordance with the abovementioned plans and specifications under the supervision of the City Engineer, and the owners desire that the City contribute its customary share towards such paving, and, WHEREAS,, the contract cost of the paving improvements will not exceed $10,357.95, the total cost not over $10,875.85, and the Cityis share in connection therewith would not exceed 01058.39, leaving the property ownerrs portion not to exceed $9817.48, such costs being well within the current prices for paving obtained by competit�ve.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 $1058.39 will be duly budgeted in the 1954-1955 budget. THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS: Section 1. THAT, the City Engineer be anqlfie 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 corpor- ate limits of the City of Lubbock; said streets being as follows, to -wit: Unit No. 1624 55th Street from WPL Avenue D to the EPL Avenue G and Avenue G from SPL 54th Street to SPL 56th Street. The City Engineer is further authorized and directed to duly inspect said paving construction on said 55th Street and Avenue "G" 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 Cityts share of the cost of the abovementioned improvements a sum not to exceed $541.49 which # the City share $1058.39 less $517.90 engineering, leaving the amount due the contractor from the property owners not to exceed $9817.46. Section 2. This authority is conditioned that Wiley H. Rogers 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 damageq 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 Wiley H. Rogers 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 55th Street and Avenue "Gil and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum $541.49 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 Sth day of July, 1954. ATTEST: /sl Lavenia Lowe Lavenia Lowe, City Secretary lsl Murrell R. Tripp Murrell R. Tripp, Mayor I, Wiley H. Rogers, representing myself and the remaining owners of abutting property on the abovementioned streets, and Kerr and Middleton, Contractor, do hereby accept and Agree to fully abide by the foregoing provisions for the considerations therein stated. Wiley H. Rogers By: /sl Wiley H. Rogers Kerr and Middleton By: /sl E. V. Middleton Approved: /sl W. B. Holmes W. B. Holmes Approved: /s/ Vaughn E. Wilson Vaughn E. Wilson, City Attorney 54-13--57-108 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed. R E S O L U T I O N See copy of Note BE IT RESOLVED BY THE CITY COivElISSION OF THE CITY OF LUBBOCK: on ' page 69 THAT the Mayor BE and he is hereby authorized and directed to execute on behalf of the City of Lubbock, a warranty deed for One and No/100 ($1.00) Dollars and other valuable consideration to the SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION, all of Lots 20 through 50 of the Manhattan Heights Addition, an Addition to the City of Lubbock, Lubbock County, Texas, subject to all the covenants and conditions contained in the plat and dedication of the Manhattan Heights Addition as filed in the Deed Records of Lubbock, Lubbock County, Texas, and further save and except any and all oil, gas and other mineralsp out- standing. On motion of Commissioner Forrest, seconded by Commissioner Carpenter, this Resolu- tion was passed by the City Commission on this the 8th day of July, 1954, by the following vote: Commissioners voting "YEA": Carpenter, Forrest, Thomas and Mayor Pro-tem Baker Commissioners voting "NAY": None /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer WARRANTY DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK i Deed given to THAT the CITY OF LUBBOCK., a Home Rule Municipal Corporation, acting by and through Maynard - ROW its officers heretofore duly.authorized of the County of Lubbock, State of Texas, for and in 7-13-54 consideration of the sum of One and No/100 ($1.00) Dollars and other valuable consideration the receipt of which is hereby acknowledged and confessed, to it in hand paid by the SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION of Lubbock County, Texas, have GRANTED,. SOLD and CONVEYED and by these presents do GRANT, SELL and CONVEY unto the said SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION of the County of Lubbock, State of Texas, all those certain lots, parcels and tract of land lying and being situated in Lubbock, Lubbock County, Texas, and being further described as follows, to -wit: Lots 20 through 50 of the Manhattan Heights Addition, an Addition to the City of Lubbock, Lubbock County, Texas, save and except any and all oil, gas and other minerals outstanding. This instrument of conveyance is made subject to all those covenants, restrictions and conditions contained in the plat and dedication of Manhattan Heights Addition, an Addition to the City of Lubbock, Lubbock County, Texas, as contained in the plat and dedication of such Addition filed in the Deed Records of Lubbock County, Texas. TO HAVE AND TO HOID the above described premises together with all and singular the rights and appurtenances thereto in anywise belonging unto the said SOUTHEAST LUB;'OCK .DEVELOPT%UNT CORPORATION, a Corporation, its successors and assigns forever and the CITY OF LUBBOCK does hereby bind itself, its successors and assigns to warrant and forever defend all and singular the said premises unto the said SOUTHEAST LUBBOCK,CORPORATION, its successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. Executed this 8th day of July, 1954. /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK (� BEFORE MEN the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared MURR= R. TRIP.", known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Sth day of July, A. D., 1954. /s/ Maxine McCandless Notary Public, Lubbock - (SEAL) County, Texas. ;4-12-58-109 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro -tern Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed. RES0LUTI0N WHEREAS, the City Commission has heretofore determined that the City would contribute the customary city portion of from lien (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 specifica�ions as approved by the City Engineer, and the owners of property abutting Avenue R and., 2nd Street, have requested permission to have pavement improvements constructed on the aforementioned Avenue R and 2nd Street, and the paving of said Avenue R and 2nd Street is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, 54 43-59-110 WHEREAS, Parkhill, Smith and Cooper and the other owners of the property abutting on the herein described street and avenue will contract separately with a competent contract— or 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 paying improvements will not exceed $1020.31, the total cost not over $1071.33, and the Cit y's share in connection therewith would not exceed $412.77, leaving the property owner's portion not to exceed $658,56, 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 $412.77 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. 1625 2nd Street from N WGL Clovis Road to EPL Avenue R and Avenue R from N WGL Clovis Road to NPL 2nd Street The City Engineer is further authorized and directed to duly inspect said paving construction on said Avenue R and 2nd Street and to require strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such,improvements by the City Commission, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of the cost of the abovementioned improvements a aum not to exceed $361,75 which is the City share $412.77 less $51.02 engineering, leaving the amount due the contractor from the property owners not to exceed $658.56. Section 2. This authority is conditioned that Parkhill, Smith and Cooper 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 Parkhill, Smith and Cooper 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/8ngineer, all improvements designated herein shall be a permanent part of said Avenue Rand 2nd Street and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum $361.75 to the contractor on December 15, 1954. On motion of Commissioner Carpenter, seconded by Commissioner Forrest,the foregoing resolution was unanimously passed by the City Commission this 8th day of July, 1954. ATTEST:. /s/ Lavenia Lowe Lavenia Lowe, City Secretary /s/ Murrell R. Tripp Murrell R. Tripp, Mayor I, , representing Parkhill, Smith & Cooper and the remaining owners of abutting_property on the abovementioned streets, and Kerr and Middleton, Con— tractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. Parkhill, Smith & Cooper Kerr and Middleton Approved: /s/ W. B. Holmes W. B. Holmes, City Engineer Approved: /s/ Vaughn E. Wilson Vaughn E. Wilson, City Attorney July 8, 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 1497, 1498, 1499, 1500, 1502, 1506, 1564, 1565 and 1566 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, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: R E S O L U T I O N RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED, WHEREAS, The City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with 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 others the following. - Memphis Avenue from its intersection with the North Property Line of 22nd Street (West Leg) to,its intersection with the Center Line of 23rd Street (West Leg), known and designated as Unit Number 1497. Memphis Avenue from its intersection with the Center Line of 23rd Street (West Leg) to its intersection with the North Gutter Line of 24th Stree#, known and designated as Unit Number 1498. - Memphis Avenue from its intersection with the South Gutter -Line of 24th Street to its intersection with the North Gutter Line of 25th Street, known and designated as Unit Number 1499. Memphis Avenue from its intersection withthe South Gutter Line of 25tbr Street to its inter. section with the North Gutter Line of 26th Street, known and designated as Unit Number 1500. 22nd Place from its intersection with the West Property Line of Nashville Avenue to its intersection with the West Property Line of Oxford Avenue, known and designated as Unit Number 1502. Emory Street from its intersection with the West Property Line of North Elgin Avenue to its intersection with the East Property Line of North Indiana Avenue, known and designated as Unit Number 1506. Orlando Avenue from its intersection with the South Property Line of 17th Street (East Leg) to its intersection with the North Property Line of 18th Street (West Leg), known and designated as Unit Number 1564. Orlando Avenue from its intersection with the South Property Line of 18th Street to its intersection with the North Paving Line of 19th Street, known and designated as Unit Number 1565. 18th Street from its intersection with the West Property Line of Norfolk Avenue to its inter- section with the West Property Line of Orlando Avenue, known and designated as Unit Number 1566. 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 the 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 deliver 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 PASSED AND APPROVED THIS 8TH DAY OF JULY, 1954. 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 54 -13-61 � 11_ Honorable Mayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Kerr and miacu.eton, paving con- tractors, as authorized by resolutions passed and approved February 25 and April 8, 1954 and find the improvements on streets known and designated as Units No. 1582, 1598 and 1599 as listed on the attached 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 resolutions as due him by the City of Lubbock. 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, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: R E S O L U T I O N RESOLUTION ACCEPTIRG IMPROVEVdNTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW: WHEREAS,, the City of Lubbock passed resolutions on February 25 and April 8, 1954, authorizing the construction of street improvements in portions of various streets in said City including among others the following: Oxford Avenue from its intersection with the North Property Line of 22nd Street to its intersection with the North Property Line of 22nd Place, known and designated as Unit Number 1582. Jarvis Street from its intersection with the East Property Line of N. Indiana Avenue to its intersection with a line 201 North of North Property Line of Itasca Street, known and designated as Unit Number 1598. Itasca Street from its intersection with a line 20t West of West Property Line of Hartford Avenue to its intersection with the East Property Line of North Indiana Avenue, known and designated as Unit Number 1599. 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, TE:,AS: I. That the improvements on said portions of the abovementioned streets, be, and the same are hereby accepted. II. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 8t h DAY OF JUL 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 54-1.3-62-112 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor -' Pro-tem Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize payment of $6.50 per day as per -diem expenses to Emory Potts, City employee in the Engineering Department under classification Engineer I, for inspection of 52,-91$ linear feet of 45 inch pipe and 4,719 linear feet of 24 inch pipe being manufactured by the United Concrete Pipe Company at Big Spring, Texas, for use in the City of Lubbock water line to West Lubbock County, being Water Work Order No. 6643, total estimate cost for this inspection work is as follows: Emory Pottts salary for 3 months, $345.00 per month $1,035.00 Per diem expenses 90 days @ $6.50 per day 585.00 Tests: 180 cylinders tested at $2.50 450.00 30 welds tested at $1.50 45.00 Total $2,115.00 Payment of the above inspection cost hereby authorized to be made from Water Work Order No. 6643. 1--13-62-113 Further consideration was given the purchase of 0.5 acres of land for Booster Station Site to be located at Quaker Avenue and Clovis Road, North of railroad, from J. Lee Quillen. At the request of Mr. J. Lee Quillen, the City Commission considered his request as outlined in the following letter from Mr. Quillen's attorney, D. D. Mahon. Mr. Mahon's letter follows: Honorable Murrell R. Tripp, Mayor Lennis Baker, Commissioner Hurley Carpenter, Commissioner S. S. Forrest, Commissioner Lucian Thomas, Commissioner City of Lubbock Lubbock, Texas Re: Gentlemen: Offices of Durward D. Mahon Attorney -at -Law Lubbock, Texas June 25, 1954 Booster Station site of 1/2 acre in S/2 of Section 13, Block A. Lubbock County on J. Lee Qullen property. In my discussion with the Engineering Department concerning the above tract, I was led to believe that the city would not accept an easement on said property for the above purposes but must have fee simple title. Based upon that assumption I discussed with the Engineering Department, the placing of a provision in the deed that in the event the city failed to use this property for a pump station site that the tract would be reconveyed to Mr. Quillen upon his returning the consideration to the city, which I -understood to be agreeable. I also understood that the pump station was going to be used incconnection with the pipe line bring- ing water from the Shallowater area. In my letter to you of May 6,.I negelected to say anything about a provision that)the site would be/Egnveyed to Mr. Quillen upon his return of the consideration in the event the city f ailed to use same as a Booster Station. site or after using same f or that pur- po�e abaonded its use for that purpose. I acted under the mistaken belief that such provision could be taken care of between the Engineering Department and the City Attorney's office and myself upor4rep*ration of the deed. When time came for preparing the deed, I learned for the first time from the Engineering Department that the Booster Station site was not to be used until, if, as, and when t he city lays its water line to the - Muleshoe area. Under these circumstances, it would naturally be impractical to put a provision in the deed, providing for reconveyance to Mr. Quillen in the event of failure to use the tract as a Booster Station site because of the time element. Mr. Quillen is very interested in conveying only an easement for the contstriletion and operation of a Booster Station on said tract instead of conveying fee simple title so that in the event it is not used for that purpose or after having been so used is abandon- ed for that purpose that the property will come back to him instead of being subject to being sold to a third party, who might use the property for a purpose detrimental to -the value of Mr. Quillen's remaining land. I see no reason why the city/0249 more than an msement. This, in my opinion, is all the city would be entitled to get in condemnation proceeding. It seems that the city should require no more than an easement for the Booster Station since an easement is all the city desires for the water line and the only purpose of the Booster Station is in connection with the water line. I have since discussed the above matter with the City Engineering Department and the City Attorney's office and it seems that the only person that seriously disagrees with my contentions is the person who led me to believe, in the first place, that nothing but a fee simple deed would be acceptable. I do n ka4ed ant to be misunderstood as criticizing anyone in this connection because I was the one/ to go into the matter sufficiently to determine in the first place that -it had not been first definitely determined by the Engineering Department and City Attorneys office, that the City must have a fee simple title. I therefore request you gentlemen'to reconsider this matter and permit Mr. Quillen to convey the city a right-of-way for a Booster Station instead of fee simple title to said 1/2 acre tract. This would permit the city to place the proper lead-offs on the property from the water line when the water line is constructed and permit the city to build a Booster Station when needed without the necessity of Mr. Quillen giving up fee simple title to the tract, It -is possible that the Booster Station may never be constructed. If it is constructed, I now understand that it will probably be several years in the future. I will thank you to consider this matter at your next meeting and IArust that you will give this proposal favorable consideration. DDK-. jm Very truly yours, /s/ D. D. Mahon D. D. Mahon After consideration of the request as set out in the above letter the City Commission agreed that fee simple title should be required for purchase of this land since the surface of the land is to be used as a permanent location for a Water Booster Pumping Station by the City of Lubbock. The City -Commission did agree, however, that in the event the City disposed of this property withiiAen (10) years from date of purchase, Mr. Quillen would be givenan option to purchase the land at the same price for which he sold it to the City of Lubbock. The City Attorney being•hereby authorized to include such condition in the transfer deed. Said deed to be -submitted to the City Commission for approval and authorization. 54-13,,§2-114 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Pro -tern Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to accept the oral proposal of L. A. Purtell to sell the City the -water rights on the following described land, subject to approval of Abstract of Title by the City of Lubbock See Page 70 Legal Department. Total consideration for water rights covering the land as set out for Water below being $10.00. Payment of said $10.00 to L. A. Purtell being hereby authorized, in Rights Deed the event the City of Lubbock Legal Department approves the Abstract of Title covering said land. Section No. One (1) and the North 589.7 acres of Section No. Two (2). in Block F. Leon Blum Survey; and Section Nos. Eighty-one (81), Ninety -Four i (94). and the East 258.31 acres in each of Sections Nos. Eighty (80) and Ninety-three (93). Block A, Melvin Blum and Blum Survey; SAVE AND EXCEPT • that portion of the East 258.31 acres of Section Eighty (80) and Eighty-one (81) in Block A. Melvin Blum and Blum Survey, described as being the North 651.4 acres of land out of: The East 258.31 acres of Section Eighty (80), and all of Section Eighty-one (81), in Block A, Melvin Blum and Blum Survey, all of said lands in Bailey County, Texas. If 11� Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, I R to authorize payment of Fifty Cents (500) per water mete based on acisting water connections as of March 1, 1954, to the Canadi River Municipal/AAffity in accordance with request from said Canadian River Municipal Water Authority as of June 16, 1954. Based on the City's 22,944 water meters in edstence at this time, the total amount hereby authorized to be paid to the Authority is $11,472.00. The payment of this Fifty Cents (50¢) per water meter will make a total of Seventy -Five Cents (750) of the $1.00 for connections - pledged by each member. City to pay the expense in connection with the Feasibility Report being prepared by Parson, Brinkerhoff, Hall and McDonald of New York, Consulting Engineers. i4=12=�4--116 Motion by Commissioner Forrest, seconded ipy Commissioner Carpenter, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to approve and authorize final payment in the amount of $109.00 to the Rountree Company for furnishing and installing cooling tower and incidentals for the Air Conditioning System at the City of Lubbockts Police Station, said work being done under GWO No. $93, total contract price of this installation $1090.00. i4-13!-!N 117 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to approve and authorize payment of first and final estimate in the amount of $506.10 to Hopkins Drilling Service for drilling and casing four observation water wells in the West Lubbock County.Water Well Field, this work being done under Water Work Order No. 6700. The original estimated cost of this contract was $496.00, the overrun being due to two of the observation holes being drilled slightly deeper than was lanticipated. i4-13_61�1�8 Sealed Bids wille received by the City of Lubbock at the office of the Purchasing Agent until 2:00 P.M. Thursday, July $, 1954 and then opened by the City Commission for the sale of the following described houses now situated within the Northeast Avenue Q, R.O.W. House No. 1. White frame 12 x 24 Ft. house with weatherboard siding located at 312 North Avenue "P" and on Lot 9, Block 2, Rio Vista Addition to the City of Lubbock. 2. Unpainted frame 14 x 2$ ft. house located at 329 North Avenue "N" and on Lot 10, Block 2, Rio Vista Addition to the City of Lubbock. House actual- ly facing the alley where it enters Avenue "P". 3. Frame 12 x 24 ft. house with (imitation brick) asphalt paper siding located at 331 North Avenue "N" and on Lot 10, Block 2, Rio Vista Addition. 4, Frame 11 x 24 ft. house with (imitation brick) asphalt paper siding located at 327 North Avenue "N" and on Lot 11, Block 2, Rio Vista Addition. 15. Frame 12 x 24 ft. house with 6 ft. shed built on to the rear of the house, covered with (imitationirick) asphalt paper siding. This is the house on the northwest side of Lot 12, Block 2, Rio Vista Addition at 325 North Avenue "N". 6. Frame 12 x 24 ft. house with (imitation brick) asphalt siding located at 325 North Avenue "N". This being the house located on the southeast side of Lot 12, Block 2, Rio Vista Addition. 7, Frame 11 x 26 ft, house with (imitationlrick) asphalt paper siding located at 334 North Avenue "N". This is the house situated on the f ront of Lot 19, Block 3, Rio Vista Addition, being used as a little store. $. Frame 11 x 24 ft, house with (imitationlrick) asphalt paper siding located at 334 North Avenue "N". This house is situated on the back of Lot 19, Block 3, Rio Vista Addition. - 9. White frame 12 x 24 ft. house with weatherboard siding located at 336 North Avenue 'IN" and being situated on Lot 20, Block 3, Rio Vista Addition. 10, Frame 12 x,24,ft,, house with weatherboard siding with a 14 x 16 ft. extension built on the west side, covered with (imitation brick) asphalt paper siding located at 338 North Avenue "N".This house is situated on,Lot 21, Block 3, Rio Vista Addition to the City of Lubbock. Houses will be sold for cash on "as is" - "where is" bads and must be moved not later than August 1, 19549 A Cashiers or Certified Check in the amount of 10% of the amount bid, payable to the City of Lubbock must accompany each proposal. Bidding proposals can be obtained from the Purchasing Agents Office or will be mailed upon request. The right is reserved to reject any or all bids. /s/ Roy L. Grimes Purchasing Agent In accordance with the above notice, motion was made by Commissioner Thomas, seconded by Commissioner Forrest, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, that bids be opened andread, whereupon the following bids were opened and read: Bids returned to Mr. Grimes 7-12-54 54-13-65-119 54-13-62•120' )ir-tion a am determi0d or gani z a-" mal meet held at 3O P.M., -y 27,1954 5,4-13-•65-121 Only Two (2) bids were received for the above listed houses, said bids reading as follows: Bid of C. G. Connel 302 Waco Avenue Item No. 1 26.00 ..................................... 2.. NO BID .................................... 3...................................... ..26.00 4....................................... 36.00 5...................................... 26.00 6 NO BID ......................................._ - - 7.... NO BID ....................:............. 5 NO BID ...................'................... 9................ 101.00 ......................� Bid of Marion G. Young 1508 41st Street Item No. TOTAL After consideration of the above bids for the purchase of ten (10) small houses in Northeast Avenue Q ROW, motion was made by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to reject all bids received and to hereby authorize the said ten (10) houses to be sold separately to the best obtainable bidders, it being considered by the City Commission that the bids received did not cover the value of the houses, and that it would be to the advantage of the City of Lubbock to sell them separately. There was discussion of passage of an ordinance regulating the operation of trailer coach parks within the Eity Limits and it was unanimously- agreed to not consider passage of this ordinance on this date. Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nary, to authorize appointment of the following men to serve as members of Board of Electrical Examiners for the City of Lubbock, -Texas, under the terms of Ordinance No. 1568: ` Term'to Expire Henry P. Mathieu, Chairman January 1, 1957 M. J. Alderton January 1, 1957 Arnold Maeker January 1, 1955 L. 0. Neill, Master Electrician Janudry 1, 1956 Adolph Hunt, Journeyman Electrician January 1, 1955 The City Electrical Inspector to serve as ex-officio member of this board. The superintendent of Municipal Power and Light of the City of Lubbock or his assistant to serve as ex-officio member of said board. The Division Superintendent of Southwestern Public Service Company of the division in which Lubbock is located, or his assistant to serve as an ex-officio member of this board. The term of office of the five appointed members of this Board of Electrical Examiners shall serve for terms ending January 1, 1956, January 1, 1957 and January 1, 1955, respectively, the term of each to be determined by lot except that the Master Electrician and Journeyman Electrician shall not retire the same year. Future appointments on this board to be made for a term of three years. It being understood that the ex-officio members are not entitled to vote. The following report was given the City Commission: The City Planning and Zoning Commission, in regular meeting, July 1, 1954" unanimously recommended to the City Commission that the following zone change re- quest not be granted:- Zone Case No.•473. - request of Horace A. Emery to change Lot 10, Block 2, Edwards Addition, an addition to the City of Lubbock, Lubbock County, Texas, from the "A" to "C" Zoning District. (29th Street and Avenue Q). After consideration of the above report regarding Zone Case No. 473, motion was made by Commissioner Thomas, seconded by Commissioner Forrest, Mayor Pro-tem Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting�Nay, to authorize a public hearing to be held before the City Commission on August 12, 1954, at 2:00 otclock P.M., in an effort to determine whether or not this zone should be changed as requested by Mr. Emery. ;1r-13-66-122 The following report was given to the City Commission: The City Planning Commission in regular meeting July 1, 1954, unanimously recommended to the City Commission that the following zone change request not be granted: Zone Case No. 47 - Request of C. A. Rodgers to change Lots 1, 2, 3 and 4, Block l4, M Crummen 2nd Addition to the City of Lubbock from the "B" to the "F" Zoning District,(A'venue Q and 22nd Street.) After consideration of the above report, it "was unanimously agreed by the City Commission to refer this zone case No. 479 back to theCity Planning and Zoning Commission for further consideration aid 'recommendation.. - _ 4-13-66.121 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Pro-tem `Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the Mayor to execute water well drilling permit at the request of the Texas State Highway Department to give the State Highway Department permission, if and when required, to drill three (3) 3-inch water wells, each having a capacity to not exceed 100,000 gallons per day. on the tract of land sold to the Highway Department by the City of Lubbock for iocation of a Highway De artment District Office and warehouse, as authorized by Ordinance No. 1579 of, the. City of Lubbock' records. ..... WATER' WELL' DRTLLINO RIuHTS STATE OF' TEXAS MW ALL; MEN' BY THESE PREBENTS: COUNTY OF LUBBOCK .... _ . THAT City of Lubbock' of the* County of hubbock',' State of Texas, for in consideration of the sum of One DOLLARS., and other valuable considerations to US in hand paid by the State of Texas, acting by and through the State Highway Commission, receipt of which is hereby acknowledged, have this day sold, and do by these presents grant, bargain, sell and convey unto the State of Texas the right to drill not more than three water wells having outlets not in excess of three inches in diameter and each having a capacity of not more than 100,000 gallons per day, on the followingtxact of land: Conveyed by Paul E. Rumph et ux to City of Lubbock by deed dated the 8th day of May, 1950, and recorded in Volume 408 page 410 of the Deed Records of Lubbock -County, and being more particularly described as follows, to -wit: 16.633 acres of land out of SE/4 Section 2 Blk E, in Lubbock Co. Texas, described by metes and bounds as follows: Beg, at a 3/4" iron pipe set for the SE corner of Sec. 2, Blk E in center of 66th St.; Thence S. 89*54125" W. 977.0 ft. following S, of line of Sec. 2 Blk E; Thence N. 0*03.05" W. 45 ft. to the SE and beginning corner of this tract; Thence S. 89*54125" W. 963 ft. to the SE corner of a 40 ft. square tract owned by the City of Lubbock; Thence N. 0*03105" W. 40 ft. Thence S 89*54125" W 40 ft.; Thence S M3,05" E 40 ft.; Thence S 89*54125" W. 341,2-ft, to a 3/4" iron pipe set on E. side of alley in Blk. 15, Winona Villege Addition to the City of Lubbock; Thence N. 0*001 20" W. 187.3 ft. to_a 3/4." iron pipe set on E. side of said alley; Thence N. 19*52105" E. 601.4 ft. to a 3/4" iron pipe set on E. side of said alley and in proposed S. line of U. S. Hwy. 84; Thence S. 70.141 15" E. 611.3 ft. following proposed S. line of U. S. Hwy. 84; Thence S. 86*56110" E. 34.8 ft. following proposed S. line of U. S. Hwy. 84; Thence S. 70*14115" E. 564.3 ft. following proposed S. line of said Highway to the NW corner of a tract owned by the City of Lubbock; Thence S. 0*03105" E. following W. line of City tract 352.5 ft. to the beginning corner of this survey. Containing 16.633 acres of land more or less. WITNESS Our hand, on, this the 8th day of July, A.D., 1954. CITY OF LU&I OCK By: /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the Lubbock Bus Company to discontinue service on the following lines: 1. 32nd Street - 15th Street - Tech 2. Green Acres - 28th Street - Avenue H 3. Avenue N - 38th Street •• 19th and Ellwood Said services on the above listed City Bus lines to be discontinued from 7:00 P.M. to 12:00 Midnight, effective July 18, 1954. The Bus Company to give public notice of discontinuance of said services. The reason for discontinuance of this bus service is that the financial statement of Lubbock Bus Company reflects that there is not enough passengers riding the bus between 7:00 p.m. and midnight to pay for the operation of the bus lines, 5l�•.13•67«125 The City Commission on June 24, 1954, of record at Pages 47 and 48, Minute Book 13. authorized the Mayor to acknowledge on behalf of the City of Lubbock the acceptance of an assignment of J. E. Birdwell of the money due L. A. Purtell by the City of Lubbock on purchase 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 being $9096.10. It has been found that under the heading "Acceptance by the City of Lubbock" of record at Page 48 of said Minute Book 13, there appears the paragraph reading: ACCEPTANCE BY THE CITY OF LUBBOCK The City of Lubbock, acting by and through Lennis Baker, thereunto duly authorized, hereby, acknowledges receipt of a copy 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 owners of said Deed of Trust Lien described in said Assignment, filed for record in Bailey County, Texas, said release to be obtained by the said J. E. Birdwell and filed for record not later than January 10, 1955. Said sum of $9,096.10, while retained by said City of Lubbock, shall bear no interest. EXECUTED this 24th day of June, A.D., 1954. CITY OF LUBBOCK Lubbock County, Texas By; fs/ Lennis Baker Mayor Pro-tem The date January 10, 1955 appears in said paragraph, being in the next to the last line of the paragraph. The City Attorney stated to the City Commission that the date.. January 10, 1955, is in error, the correct date being January, 10, 1956. Whereupon, motion was made by Commissioner Forrest, seconded by Commi.ssioner'Thomas, motion carried, Mayor Pro-tem Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the date of January 10, 1955, as stated above, to be changed to read January 10, 1956. 54-,13-67-),� 6 Motion by Commissioner Thomas, seconded by Commissioner Forrest, motion carried, Mayor Pro -tern Baker and Commissioners Carpenter, Forrest and Thomas voting Yea, none voting Nay, to approve and authorize change order No. 2 to miscellaneous paving and seal coat, 1954, contract between the City of Lubbock and Kerr and Middleton, contractors, to extend the dime of completion from July 15, 1954 - 45 days, to make the completion date of this contract, including this change.. September 1, 1954, also to add GWO No. 949 in the amount of $74,00 to said contract for the purpose of surfacing a leaveout on the East side of Avenue S immediately North of loth Street. This work having been requested by Mr. H. E. Ewing, the present owner of the property. Mr. Ewing having paid to the City of Lubbock, the amount of an old paving lien on Avenue S in order that all property possessed might be released and the title cleared. The City of Lubbock forces to construct the curb and gutter base at this location, the $74.00 as stated above to cover the surfacing work to be done by Kerr and Middleton. This change order No. 2 brings the total contract price of this contract to $42,203.89. �7=121 The City Commission discussed the method of collection of bill rendered to Mr. C. A. Gibson, dated July 6, 1953, in the amount of $507.14 for replacing curb and gutter on the South side of 34th Street just West of Elgin Avenue which had been knocked out. The City Com- mission was advised that Mr. Gibson's attorney had advised that Mr. Gibson was willing to pay for thirty feet of that portion of the curb and gutter replaced, at the average unit cost for replacing the entire 162 feet which amounted to $3.77 per foot or $113.10. The City Commission authorized the City Attorney to make an offer to Mr. Gibson that the bill be settled for one-half of the total amount of $253.57, since there were some doubts as to which of Mr. Gibson's tenants actually removed the curb. See Ordinance No. 1579 on Page 54 regards ing this Warranty Deed Original Deed Given to Mr. Maynard 8-9-54 WARRANTY DEED WITH VENDOR'S LIEN THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT the CITY OF LUBBOCK, a Home Rule Municipal Corporation, duly incorporated under the laws of the State of Texas, acting by and through its Mayor, heretofore duly authorized, for and in consideration of the sum of Forty -One Thousand Six Hundred and Nof100 ($41,600.00) Dollars to it in hand paid, to be paid as follows: The sum of Eleven Thousand Six Hundred and Nof100 ($11,600.00) Dollars cash to it in hand paid by the Grantee herein, the receipt of which ishereby acknowledg- ed and confessed, and the sum of Thirty Thousand and Nof100 ($30,000.00) Dollars to be paid by the said Grantee herein on and in accordance with the terms of his one certain Promissory Vendor's Lien Note of even date herewith executed by said Grantee payable to the order of the City of Lubbock at its offices in the City of Lubbock, Lubbock County, Texas, being due and payable on or before one year from the date of making at six per cent (6%) interest per annum, said Note containing the usual attorneys fees clause in the event of default in the pay- ment thereof and providing for eight per cent (8%) per annum interest from the date of maturity,9 has GRANTED, SOLD AND CONVEYED and by these presents does Grant, Sell and Convey unto_ W. ft, SLATON of the County of Lubbock, State of Texas, all that certain tract or parcel of land lying and being situated in Lubbock, Lubbock County, Texas, and being further described as follows; to -wit: A tract of land out of the Northeast One -Fourth (NE 1/4) of the Southwest One -Fourth (SW 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 Six (6) of the L. D. Kinser Subdivision, as recorded in the Deed Records of Lubbock County, Texas, Volume 139, page 170, said tract being bound on the North by 38th Street, on the South by 40th Street, on the East by Boston Avenue, and on the West by Canton Avenue, and being more particularly described as follows. BEGINNING at a point which is 1350 feet -South and 1350 feet West of the Northeast corner of said Section 14, Block B, which is the Northeast corner of this tract, - THENCE South 605 feet to a point, said point being the Southeast corner of this tract; THENCE West 605 feet to h point, 'said point being the Southwest corner of this tract; THENCE North 605 feet to a point, said point being the Northwest corner of this tract; THENCE East 605 feet to the PUCE OF BEGINNING. It is expressly` agreed and understood that this conveyance is being subject to all conditions, covenants and restrictions filed of record in the Deed Records of Lubbock County, Texas, It is further understood and agreed that a Vendor's Lien is retained against the above described premises for the security and until the Rill and final payment of the above described Promissory Vendor's Lien Note -when and whereulDon this deed shall become absolute, TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the,said W. R. SLATON, his heirs and assigns, and the CITY OF LUBBOCK, a Mudicipal Corporation, does hereby bind itself, its successors and assigns, to Warrant and Forever Defend all and singular the said premises unto the said W. R. SLATON, his heirs and assigns, against any person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under it, but not otherwise. WITNESS the hand of the CITY OF LUBBOCK, acting by and through its Mayor heretofore duly authorized on this the 9th day of July, 1954. CITY'OF LUBBOCK By: /s/ Murrell R. Tripp MURRELL R. TRIPP, liyor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a'Notary Public in and for Lubbock County, Texasjp on this day personally appeared MURRELL R. TRIPP, known to me to the person whose name is subscribed to the foregoing instrument and acknowledged to me that he execu#ed the same as the act and deed of the CITY OF LUBBOCK and is MAYOR., for the purposes and. consideration therein expressed and in the capacity therein expressed. GIVEN UNDER. MY HAND AND SEAL OF OFFICE, this 9th day'of July, A. D. 1954. (SEAL) /s/ J. A. Maynard Notary Public, Lubbock County, Texas $7,000.00 Lubbock, Texas March 5, 1954 f On demand, the SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION, a corporation, promises to pay the CITY OF LUBBOCK, a Home Rule Municipal Corporation, the sum of SEVEN THOUSAND AND NO/100 ($7,000.00) DOLLARS, without interest, being promised for payment of Lots 1 through 9 at $600.00 each and lots 10 and 11 at $800.00 each of the Manhattan Heights Addition, an Addition to the CITY OF LUBBOCK,, Lubbock County, Texas. SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION BY /s/ Robert H. Bean PRESIDENT /s/ A. P. Couch (SEAL) SECRETARY -TREASURER $7,425.00 Lubbock, Texas March 31, 1954 On demand, the SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION, a Corporation, promises to pay the CITY OF LUBBOCK, a Home Rule Municipal Corporation, the sum of SEVEN THOUSAND FOUR HUNDRED TWENTY-FIVE AND NO/100 ($7,425.00) DOLLARS, without interest, being promised for payment of Lots in Manhattan Heights Addition, an Addition to the City of Lubbock County, Texas, as follows, to -wit: Lot 12 $800.00 Lot 13 $800.00 Lot 14 $800.00 Lot 15 $800.00 Lot 16 $1,000.00 Lot 17 $1,000.00 Lot 18 $1,075.00 Lot 19 $1,150.00 SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION BY /s/ Robert H. Bean PRESIDENT /s/ A. P. Couch (SEAL) SECRETARY -TREASURER For Resolution $23,085.00 Lubbock, Texas June 24, 1954 and Warranty Deed concerning On demand, the SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION, a Corporation, this item see promises to pay the CITY OF LUBBOCK, a Home Rule Municipal Corporation, the sum of Pages 57 & 58 TWENTY-THREE THOUSAND EIGHTY-FIVE AND NO/100 ($23,085.00) DOLLARS.. without interest, being promised for payment of Lots in Manhattan Heights Addition, an Addition to the City of Lubbock County, Texas, as follows, to -wit: Lot 20 $855.00 Lot 36 $712.50 Lot 21 $855.00 Lot 37 $712.50 Lot 22 $855.00 Lot 38 $712.50 Lot 23 $783.75 Lot 39 $712.50 Lot 24 $783.75 Lot 40 $712.50 Lot 25 $783.75 Lot 41 $712.50 Lot 26 $712.50 Lot 42 $712.50 Lot 27 $712.50 Lot 43 $783.75 Lot 28 $712.50 Lot 44 $783.75 Lot 29 $712.50 Lot 45 $783.75 Lot 30 $712.50 Lot 46 $712.50 Lot 31 $712.50 Lot 47 $732.50 Lot 32 $712.50 Lot 48 $712.50 Lot 33 $712.50 Lot 49 $783.75 Lot 34 $712.50 Lot 50 $783.75 Lot 35 $712.50 SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION BY /s/ Robert H. Bean PRESIDENT (SEAL) /s/ A. P. Couch SECRETARY -TREASURER See: 54-13-63-114 for it em regarding this Water Rights Deed THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BAILEY THAT WE, L. A. Purtell, and wife, Hazel Purtell, of Lubbock County, Texas, for and in consideration of the sum of Ten and No/100 ($10.00) Dollars cash and other valuable consideration to us in hand paid by the City of Lubbock, a Municipal corporation of Lubbock County, Texas, Have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said City of Lubbock, a Municipal Corporation of Lubbock County, Texas, all of the percolating and underground water in, under, and that may be produced from the hereinafter described tracts of land, situated in Bailey County, Texas, together with the exclusive right to take such water from said tracts of land and to use the same for disposition to cities and towns situated in Bailey, Cochran, Hockley, Lamb and Lubbock Counties, Texas, together with the full and exclusive rights of ingress and egress in, over, and on said lands, so that the Grantee of said water rights may at any time and location drill water wells and test wells on said lands for the purpose of investigating, exploring, producing, and getting access to percolating and underground water; together with the rights to string, lay, construct and maintain water and fuel pipe lines and trunk, collector and distribution water lines, power lines, communication lines air vents with barricades, observation wells, with the barricades if required, not exceeding ten (10) square feet of surface area reservoirs, booster stations, housis for employees, and access roads on, over and under said lands necessary or incidental to any of said operations, together dth the rights toerect necessary housing for wells, equipment and supplies together with perpetual easements for all such purposes, together with the rights to use all that part of said lands necesmwy or incidental to the taking of percolat- ing and underground water and the production treating, and transmission of water and the production, treating, and transmission of water therefrom and delivery of said water to the water systems of the City of Lubbock only: Subject to the rights reserved in John L. Birdwell and wife, Cordie Birdwell; J. E. Birdwell, and wife, Gene Birdwell, Bernard Phelps, and wife, Arlene Phelps, and W. R. Brown, and wife, Johnnie Brown, their heirs and assigns, as said reservations, rights, privileges and obligations are described in that certain Deed of Exchange recorded in Volume 59, page 154 of the Deed Records of Bailey County, Texas, to which reference is had for a description of saidaeservations; said re- servations including such quantities of water as may be required to carry on usual and normal domestic and ranching operations and undertakings upon said lands, exbluding irrigation, and such quantities of water as may be required for normal and customary operation for the production of oil and gas and other minerals from said lands, and by normal/i tomary operations for the production of oil and gas and other minerals is meant such operations as are normal and customary in the area where said land is located and subject also to the exceptions and reservations herein provided. All of the following described lands: Section No. One (1) and the North 589.7 acres of Section No. Two (2). in Block F. Leon Blum Survey; and Section Nos. Eight one (81), Ninety-four (94), and the East 258.31 acres in each of Sections Nos. Eighty (80) and Ninety-three (93), Block A. Melvin Blum and Blum Survey; SAVE and EXCEPT that portion of the East 258.31 acres of Section Eighty (80) and Eighty- one (81) in Block A, Melvin Blum and Blum Survey, described as being the North 651.4 acres of land out of: The East 258.31 acres of Section Eighty (80), and all of Section Eighty-one (81), in Block A, Melvin Blum and Blum Survey, all of said lands in Bailey County, Texas. It is understood, that, for the purpose of this Deed, water and minerals, in water shall never be construed as minerals, but there is reserved and excepted unto the owners of any outstanding rights and interests in the oil, gas and other minerals, in, or under said lands hereinabove described such water as may be appurtenant thereto. In accepting and recording this deed, the City of Lubbock, its successors and assigns, covenants and agrees to pay Three and No/100 ($3.00) Dollars per acre per year for all ground surface occupied by housing facilities, fenced enclosures and roads constructed and used by it and to pay for damages to any surface property proximately caused, by any operations or activities on said land by the City of Lubbo* its agents and employees, for which no payment is otherwise provided herein, and shall, within a reasonable time after conducting any operations on said land, remove therefrom any trash, debries, and other material or objects which clutter up or detract from the usefulness of said lands to the owners thereof. Where the City of Lubbock, its successors andassigns constructs new roads through an outside fence, the City of Lubbock shall install and maintain in such opening, gates of durable construction or, at the option and request of the owner of the land, the City of Lubbock will install and maintain cattle guards, where the City of Lubbock, its successors and assigns, constructs and uses roads across inside fences, the said City of Lubbock will ins;.all and maintain cattle guards; it being understood that locking gates on the outside fence shall not effect the right of entry, ingress and egress of authorized officers, employees and contractors of the City of Lubbock, engaged in the business of the City of Lubbock, pertaining to the full enjoyment of water rights herein conveyed. It being the intention of this deed to grant, sell and convey unto the City of Lubbok, its successors and assigns, the perc-}lating and underground water in and under and that may be produced from the tracts of land hereinabove described with the rights incident thereto and this deed is being made and delivered by the Grantors and accepted by the Grantee with the distinct understanding that this conveyance does not cover the surface of said property nor any interest in and to any of the oil, gas and other minerals in and under or that may be produced from the said land, and the same is expected from this conveyance, and the Grantors reserve unto themselves, their heirs and assigns, all of the surface and surface rights not herein expressly conveyed, and all of the oil, gas and other minerals in and under and that my be produced from the herein conveyed property, which have not been heretofore conveyed or reserved. I TO HAVE AND TO HOLD., the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said City of Lubbock, a Municipal Corporation of Lubbock County, Texas, its successors and assigns forever; and we do hereby bind ourselves, our heirs, executors and administrators, to Warrant and Forever defend all and singular the said premises unto the said City of Lubbock, a Municipal corporation of Lubbock County, Texas, its successors and assigns, against every person whomsoever lawfully claiming or to, claim the same or any part thereof. WITNESS OUR HANDS, This the 28th day of June, 1954. /s/ L. A. Purtell L. A. Purtell /s/ Hazel Purtell Hazel Purtell STATE OF TEXAS COUNTY OF LUBBOCK BEFORE MEN the undersigned authority, on this day personally appeared L. A. Purtell and Hazel Purtell, his wife, both known to me to be the persons whose names are sub- _ _ scribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said Hazel Purtell, wife of the said L. A. Purtell, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Hazel Purtell, acknow- ledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF' OFFICE, This 28th day of June, A. D., 1954. /s/ John J. Cumbie Notary Public, in and for Lubbock County, Texas. No further business coming up for consideration the City Commission Recessed to meet July 15, 1954 at 9:00 A. M. Read and approved, this the 22nd day of July , 1954 LA�FENIA LOWE, City S cretary-Treasurer