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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/22/1954REGULAR MEETING Lubbock, Texas October 22, 1954 The City Commission of the City of Lubbock, Texas met at 9s00 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 Murrell R. Tripp, Commissioners Lennis Baker, Hurley Carpenter, S. S. Forrest and Lucian Thomas, City Manager, Steve Matthews, City Attorney, Vaughn E. Wilson, City Secretary -Treasurer, Lavenia Lowe. Absent: None. 54-13-246-427 Motion by Commissioner Baker, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1595 was passed on second and final reading. ORDINANCE NO. 1595 AN ORDINANCE ANNEXING AN AREA AND TERRITORY ABUTTING AND ADJACENT TO THE EXISTING CORPORATE LIMITS OF TINE CITY OF LUBBOCK, BEGINNING AT A POINT IN GUAVA AVENUE APPROXIMATELY 500 FEET SOUTH OF THE INTERSECTION OF THE SOUTH LINE OF THE IDALOU ROAD WITH THE SOUTH LINE OF THE 4TH STREET; THENCE NORTHEAST APPROXIMATELY 3500 FEET PARALLEL TO AND 400 FEET DISTANT FROM THE CENTERLINE CF THE IDALOU ROAD (U.S.HIGHWA Y 62) ANDIHEN GENERALLY ENCLOSING THE WET WEATHER LAKE AREA LYING IMMEDI- ATELY NORTH OF THE INTERSECTION OF AUBURN STREET AND U. S. HIGHWAY 62; THENCE WESTERLY PARALLEL TO AND 400 FEET DISTANCE FROM THE CENTERLINE OF U. S. HIGHWAY 62, (NOW UNDER CONSTRUCTION AND BEING AN EXTENSION OF 4TH STREET), TO THE PRESENT CITY LIMITS LINE AT THE EAST SIDE OF MACKENZ]E STATE PARK; ALL AS IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; PROVIDING FOR EXTENSION OF THE CITY LIMITS AND CORPORATE BOUNDARIES TO ANNEX THE AREA; PROVIDING FOR PUBLICATION AND FINAL PASSAGE UNDER PROVISIONS OF SECTION 3-A, ARTICLE I, CHAPTER I, OF THE CITY OF LUBBOCK CHARTER, AND EXTENDING THE CITY LIMITS TO INCLUDE ALL OF SAID AREA DESCRIBED IN THE BODY OF THIS ORDINANCE. "4-13-246-428 Motion by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1616 was passed on second and final reading. ORDINANCE NO. 1616 AN ORDINANCE PROHIBITING THE DISPLAY OR SALE OF ANY BOOK OR MAGAZINE, OR OTHER PUBLICATION, IN WHICH THERE IS PROMINENTLY FEATURED AN ACCOUNT OF CRIME, AND WHICH DEPICTS BY THE USE OF DRAWINGS OR PHOTOGRAPHS THE COMMISSION OR ATTEMPTED COW:ISSICK OF CERTAIN CRIMES OF FORCE, VIOLENCE OR BLOODSHED; MAKING EXCEPTIONS OF NEWS ITEMS; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND FOR PUBLICATION. i4-13-246-429 Motion by Commissioner Thomas, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1619 was passed on second and final reading. ORDINANCE NO. 1619 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 661 AND THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE; ZONING CASE NO. 474 - CHANGE LOTS 1 THROUGH 12, BLOCK 1, HOBGOOD ADDITION, AN ADDITION OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM THE "B" TO "F-1" ZONING DISTRICT (34TH STREET, SOUTH SIDE BETWEEN KNOXVILLE AND LOUIS VILLE AVENUES). ;4-13-246-430 Motion by Commissioner Thomas, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, Ordinance No. 1620 was passed on first reading. ORDINANCE NO. 1620 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AUBURN STREET BETWEEN THE WEST RIGHT-OF-WAY LINE OF AVENUE Q NE AND THE EAST RIGHT-OF-WAY LINE OF THE RAILROAD IN LUBBOCK, LUBBOCK COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE. 4-13-246-Ul Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion grried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, (Commissioner Thomas being absent when this ordinance was considered) Ordinance No. 1621 was authorized published. ORDINANCE NO. 1621 54-12-247-432 AN ORDINANCE ANNEXING AN AREA AND TERRITORY ABUTTING AND ADJACENT TO THE EXISTING CORPORATE LIMITS C' THE CITY OF LUBBOCK, BEING APPROXIMATELY 10 ACRES CF LAND LYING SUBSTANTIALLY AT THE -SOUTHEAST CORNER CFTHE MADDOX ADDITION, AND FOURTH STREET, AND THE TECH FREEWAY, AS DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; PROVIDING FOR EXTENSION OF THE CITY LIMITS AND CORPORATE BOUNDARIES TO ANNEX THE AREA; PROVIDING FOR PUBLICATION AND FINAL PASSAGE UNDER PROVISIONS OF SECTION 3-A, ARTICLE i, CHAPTER ONE OF THE CHARTER OF THE CITY OF LUBBOCK, AND EXTENDING THE CITY LIMITS TO INCLUDE SAID AREA. Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: R E S O L U T I O N . WHEREAS, the City Commission passed a Resolution on the 26th day of March, 1953, defining the paving policy of the City of Lubbock, Texas in regard to streets dedicated under the provisions of City Ordinance Number 1331, and said resolution provided that when the property ownerst proportionate cost of both halves of collector or lesser streets bordering a subdivision has been provided for in a manner satisfactory to the City, such streets shall be placed on a construction schedule to be determined by the City Engineer, and, WHEREAS, said Resolution of March 26, 1953 also reaffirmed and modified the City policy of paving cost distribution set forth in a Resolution passed on the 25th day of January, 1951 on streets or on portions thereof not dedicated under the provisions of City Ordinance No. 1331, and, WHEREAS, A. M. Strickland and other owners of property abutting Gary Avenue from 44th Street to 47th Street have requested permission to have street improvements constructed on said Avenug, and said avenue from 44th to 47th Street borders Myrtle Slaton Addition Number 4 the subdivider of which addition being subject to Ordi-nance 1331 has already placed money in escrow for one-half (j) of the property owner cost of paving said avenue from 44th to 47th Street, and thus the property ownerts proportionate costs of both halves of Gary Avenue from 44th Street to 47th Street have been or will be satisfactorily provided for, and the paving of said avenue is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specificationsfor such improvements, and, WHEREAS, owners of the property abutting on the herein described Gary 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, WHEREAS, the property owners cost of the paving improvements is estimated to be $5,338.68, and the City's cost to be $850.07, such costs being well within the current prices for paving obtained by competitivop 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 such payment is in accord- ance with the paving policies set forth by the City Commission on the 26th day of March, 1953, and that the sum of $850.07 has been duly budgeted and is available, 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 avenue 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 avenue being as follows, to -wit= Unit No. 1652 Gary Avenue from 44th Street to 47th Street. The City Engineer is further authorized and directed to duly inspect said paving construction on said Gary 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 direct the City Auditor to release $3045.67 held in escrow for the property owners portion of these improvements abutting Myrtle Slaton Addition Number 4 to the City's General Fund and from which fund to pay the Contractor this amount, and to pay the contractor an additional $700.40 which is the Cityts share of $850.07 less $149.67 engineering, leaving the amount due the contractor from the remaining property owners to be $2,293.01. SECTION 2. This authority is conditioned that A. M. Strickland himself and the remaining property owners 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- contractorp, if any, are adequately covered by public liability and property damage insurance policies, that the said A. N. Strickland 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 street and the property of the City of Lubbock, without any liability whatsoever, 54-13-248-433 except for the performance of all engineering involved, the payment of the sum $3,045.67 now in escrow to the contractor upon completion and acceptance of these improvements, and to pay the sum of $700.40 to the contractor upon completion and acceptance of paving improvements. On motion of Commissioner Carpenter, seconded by,Commissioner Thomas, the foregoing resolution was unanimously passed by the City Commission this 22nd day of October, 1954. /a/ Murrell R. Tripp Murrell R. Tripp, Mayor ATTEST: Is/ Lavenia Lowe Lavenia Lowe, City Secretary I, A. M. Strickland, representing myself and the remaining property owners and Warren and Purtell, Incorporated, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. Approved: Is/ W. B. Holmes W. B. Holmes, City Engineer Approved: /s/ Vaughn E. Wilson Vaughn E. Wilson, City Attorney A. M. Strickland BY: Warren and Purtell, Inc. By: Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: R E S O L U T I O N WHEREAS, the City 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 39th Street from Orlando Avenue to Quaker Avenue, have requested permission to have pavement improvements constructed on the aforementioned 39th Street, and the paving of said 39th Street is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and. specifications for such improvements, and, WHEREAS, Judson B. Tingle 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 construct- ed 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 $8025.85, the total cost not over $8427.14, and the City's share in connection therewith would not exceed $522.26, leaving the property ownerl.s portion not to exceed $7904.88, 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 $522.26 has been duly budgeted and is available, 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. 1646 39th Street Orlando Avenue .to Quaker Avenue, The City Engineer is further authorized and directed to duly inspect said paving construction .on said 39th Street and to require strict compliance with the approved plans and specifications,, and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Commission, the City Engineer is authorized to pay the contractor in full and final payment of the City' s share of the cost of the abovement cone d improvem ent s a sum not to exceed $120.97 which is the City share $522.26 less $401.29 engineering, leaving the amount due the contractor from the property owners not to exceed $7904.88, Section 2. This authority is conditioned that Judson B. Tingle and the other owners of abutting property and the contractor will pay for all material and labor and cost 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 Judson B. Tingle 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 apermanent part of said 39th Street and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum $12 0.97 to the Contractor upon completion and acceptance of paving improvements. On motion of Commissioner Carpenter, seconded by Commissioner Thomas, the foregoing resolution was unanimously passed by the City Commission this 22nd day of October, 1954, ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary I, Judson B. Tingle, representing on the abovementioned streets, and accept and agree to fully abide b therein stated. Approveds /s/ W. B. Holmes W. B. Holmes, City Engineer Approveds /s/ Vaughn E. Wilson Vaughn E. Wilson, City Attorney /s/ Murrell R. Tripp Murrell R. Tripp, Mayor y myself and the remaining owners of abutting property Warren and Purtell.. Inc.,Contractor, do hereby the foregoing provisions for the considerations Judson B. Tingle BY: Warren and Purtell, Inc. By: 54-12-249-434 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Ray, the following resolution was passed: R E S O L U T I O N WHEREAS, the City Commission has heretofore determined that the City would contribute the customary city portion of from ten (10) to forty (40) per cent of the cost of street paving improvements, as determined by side and front property, to be constructed in accordance with the standard City of Lubbock street plans and spyecifi- cations as approved by the City Engineer, and the owners of property abutting Gary Avenue from 40th Street to 44th Street, have requested permission to have pavement improvements constructed on the aforementioned Gary venue, and the paving of said Gary Avenue is needed to provide access to the area Ziuring its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS, Forrest Lumber Company 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 accord- ance 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 $8,953.33, the total cost not over $9,401.00, and the City's share in connection therewith would not exceed $2059.40, leaving the property ownerts portion not to exceed $7,341.60, 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 $2,059.40 has been duly budgeted and is available, 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. '1649 Gary Avenue from 40th Street to 44th Street, The City Engineer is further authorized and directed to duly inspect said paving construction on said Cary 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 payment of the City+s share of the cost of the abovementioned improvements a sum not to exceed $1611.73 which is the City share $2059.40 less $447.67 engineering, leaving the amount due the contractor from the property owners not to exceed $7341.60. 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 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 completion thereof and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said Gary Avenue and the property of the city of Lubbock, wothout any liability what- soever, except for the payment of a sum $1611.73 to contractor 'ipon completion and acceptance of paving improvements. On motion of Commissioner Carpenter, seconded by Commissioner Thomas, the foregoing resolution was unanimously passed by the City Commission this 22nd day of October, 1954. /s/ Murrell R. Tripp Murrell R. Tripp, Mayor ATTEST: /s/ Lavenia. Lowe Lavenia Lowe , City Secretary I, , representing Forrest Lumber Company 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 oonsidera• tions therein stated. Forrest Lumber Company Byt Kerr and Middleton By: /s/ James C. Kerr Approved: /s/ W. B. Holmes W. B. Holmes, City Engineer Approved; /a/ Vaughn E. Wilson Vaughn E. Wilson, City Attorney October 22, 1954 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Warren and Purtell, Inc., paving contractors, as authorized by resolutions passed and approved June 24, 19540 and find the improvements on streets known and designated as Part of Unit No. 1531 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. ODF:ew Unit No. - Part of 1531 Very truly yours, /s/ W. B. Holmes W. B. Holmes City Engineer CONSOLIDATED ESTIMATE FOR PART OF UNIT NO. 1531 AUTHORIZED BY RESOLUTION PASSED JUNE 24, 1954 ACCEPTED ©CTOBER' 22, 1954 SUMMARY OF QUANTITIES Location Indiana Ave. alley S. of 36th St, to NGL 44th St. (West Leg) Totals L. F. of S.Y.of S.Y.of Curb & Paving Subgr.Prep, Gutter 13,063.29 14,527.27 4907.30 13*063.29 14,527.27 4907.30 S.Y. of Cone. Alley Slab 100.84 100.84 COST ESTIMATE l3p069.29 S.Y. of pavement @ $1.05 _ $13,716.45 14,527.27 S.Y. of'Subgrade Preparation @ $0.18 _ $ 2,614.91 4,907.30 L.F. of Curb and Gutter @ $1.45 _ $ 7,115.58 100.84 S.Y, of Cone. Alley Slab @ $3.25 _ $ 327.73 Contract Cost $23,744.67 5% Engineering 1,188-73 Total Cost $24,963.40 COST DISTRIBUTION City to pay Credit Engr. Unit No, Total Cost P. 0. Cost Citz's Share Contractor Department Part of 1531 $24,963.40 $13,200.35 $11,763.05 $102574.32 $1188.73 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW: WHEREAS, the City of Lubbock passed resolution on June 24, 1954, authorizing the construction of street improvements by Warren and Purtell, Inc,, on portions of various streets in said City including among others the followings Indiana Avenue from its intersection with a line 2.5 feet north of the 1st alley south of 36th Street and on the west side of Indiana Avenue to its intersection with the North Gutter Line of'44th Street (West Leg), known and designated as part of Unit No. 1531. AND WHEREAS, the improvements upon the said portions of the abovementicned 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 and the eity Engineer be and is hereby authorized to direct the payment of the City* s share. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 22nd day of October, 1954. fsf Murrell R. Tripp Murrell R. Tripp, Mayor ATTEST: Jsy Lavenia Lowe p Lavenia Lowe, City Secretary APPROVED: fsf W. B. Holmes W. B. Holmes, City Engineer APPROVED: fs/ Vaughn E. Wilson Vaughn E. Wilson, City Attorney 5—13d257tQ6 Motion by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to approve plans and specifications and authorize the advertisement of (Notice to Bidderstf for the construction of the West Lubbock County Water Well collector lines. Work to be done under WWO 6727 at an estimated cost of $110,000.O0. Bids to be_. received November 23, 1954. Payment of this project hereby authorized to be made from Water Bond Funds. The Notice to Bidders follows: NOTICE TO BIDDERS fl W.W.O. 6727 Sealed proposals addressed to the Honorable Mayor and City Commission of Lubbock, Texas, attention W, B. Holmes, Director of Public'Works, will be received at the office of Steve Matthews, City Manager, until 2rOO P.M. November 23, 1954, for furnish- ing all necessary materials, machinery, equipment, superintendence and labor for the construction of certain Well'Collector Lines and appurtenances, all for the City of Lubbock, Owner, Lubbock, Texas, 54-'12-252-437 The principal items of work consist of furnishing and installing approximately 3916 feet of 27 inch;' 4021 feet of 24 inch; 2598.5 feet of 21 i.hch; 3669.5 feet of 18° inch; 2540 feet of 16 inch approved pipe and installing apprbixirnately 17000 feet of, 6 and 8 inch pipe.' Bidders must submit a Cashier's or Certified Check issued by a bank satisfactory to the Owner, or a Proposal Bond from a reliable Surety Company payable without recourse to the order of the City of Lubbock, Texas in an amount not less than five (5%) per cent of the largest possible bid submitted as a guaranty that the bidder will enter into a Contract and execute bond and guaranty in the forms provided within tea (10) days after notice of award of Contract to him. Bids without the required check or Proposal Bond will not be considered. The successful Bidder must' furnish bond on the form' provided in the amount of 100% of the total contract price from a Surety Company holding a permit from the State of Texas to act as Surety, or other Surety or Sureties acceptable to the Owner. The Owner reserves the right to reject any or all bids and to waive formalities. In case of ambiguity or lack of clearness in stating the prices in the bid, the Owner reserves the right to consider the most advantageous construction thereof, or to reject the bid. Unreasonable (or "Unbalancedlt) unit prices will authorize the Owner to reject the bid. Bidders are expected to inspect the site of the work and to inform themselves regarding all local conditions under which the work is to be done. Information for bidders, proposal forms, specifications and plans will be on 'file at the office of W. B. Holmes, Director of Public Works, City Hall, Lubbock, Texas. Attention is called to the provisions of the Acts of the 43rd Legislature of the State of Texas, page 91, Chapter 45, (Art. No. 5159A Civil Statutes, 1925) concerning the wage scale and payment of prevailing rates of wages as established by the Owner. The contractor must abide by the Wage and Hour Laws of the State of Texas and must not pay less than the rate legally prescribed or as set forth below, whichever is higher. LABOR CLASSIFICATIONS AND GENERAL PREVAILING WAGE RATES Classification Hourly Rates Laborers 1.00 Pipe Laying Crew Fine Grades 1.10 Joint Workers 1.10 Layer 1.25 Mortar Mixer 1.00 Power Equipment Operators 1.50 Powder Man 1.25 Truck Driver 1.25 Welders 1.75 Watchman 0.75 Copies of the Plans and Specifications may be secured at the office of W. B. Holmes, Director of Public Works, City Hall, Lubbock, Texas, upon deposit of $10.00 as a guarantee of the safe return of the plans and specifications. The full amount of the deposit will be returned to the Contractor on submission of a bona fide bid on the work, with such Plans and Specifications; or upon returning the plans and specifications immediately after examination of same, and advising the Engineer that bid will not be submitted; otherwise the deposit shall be forfeited. CITY OF LUBBOCK, TEXAS Owner By /s/ Murrell R. Tripp Murrell R. Tripp, Mayor Attest: /s / Lavenia Lowe City Secretary Bids as follows were read for purchase of traffic signal equipment, being Bid No, 702, TRAFFIC SIGNAL LQUIPMENT, BID NO. 702 Item Nunn Electric Westinghouse General Electric No. Sub, Corp. Elec. Sup. Co. Elec. Sup, Co. Sup. Corp. 1. 16 Type TSP-113DT with- out slipfitter for under- 57.34 55.80 57.16 54.54 ground feed, Cat. #50016 914.24 892.80 914.56 872.64 2. 8 Type TSP-113DT 4 section oneway signal with- 76.19 74.40 76,21 72.73 out 4" Slipfitter 609.52 595.20 609.68 581.84 J (Bid No. 702 Continued) - Nunn Electric Westinghouse General Electric Electrical Supply Corp. Electric Sup. Co. 9upp]y Co. Sup., Coro, 3. 24 1 1/411 Pipe Cross, Cat. #HL-6M . 1.08 1.12 1,20 1.04 25,92 26.88 28.80 24.96 4. 2 Type LSI-SD three 8?4.50 805.80 824.62 787.13 dial Secondary controller, 11649.00 11611.60 i,649.24 1,574.26 pomplete with cabinet, Cat. #51003 with flasher and filter, 15 color circuits. 5. 24 Rosette caps with .35 .39 .39 .33 1 1/4 pipe threads, 8.40 9.36 9.36 7.92 Cat. #HL--6257 6. 36 Lead washers for 14 .20 .25 .22 .18 pipe, Cat. #HL-6175 7.20 9.00 7.92 6.48 F.O.B. Lubbock Lubbock Lubbock Lubbock Terms Net Net Net Net Pricing Firm Firm for Firm for Firm for 60 days 30 days 31 days Delivery 60 days 60 days Approx. Approx, 60 days 60 days Brand Crouse -Hinds Crouse -Hinds Crouse -Hinds Crouse - Hinds _ After consideration of all bids, motion was.made by Commissioner Thomas, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize acceptance of the bid of Electric Supply Corporation for purchase of this material, it being considered the lowest and best bid. 54-13-253=U8 Bids as follows were read for purchase of fans for the City of Lubbock cooling tower at Electric Power Plant located at Avenue J and 5th Street, being bid No. 706. FANS FOR COOLING TOWE4, BID NO. 706, CLOSED 10-18X,4 Snook and Aderton, Inc. F. W. Rabe and Co. 2-7211 DIA pedestal mounting, 944.50 10 H.P.motor 72"-6 blade 84't-4 blade 8411-6 blade pulley driven fans with 1,889.00 T E F C 1,089.24 1,194.20 adjustable pitch blades for 2,178.48 2088.40 forced draft Cooling Tower service, complete with Splash Proof 1,017.20 1,122.20 venturi ring, motor and 2,034.40 2,244.40 sheaves to deliver 77,000 CFM each against 1/411 Open Drip Proof 1,000.00 lol05.20 static pressure. 2,000.00 2,210.40 ALTERNATE: 2-84" DIA fans same as above NO BID 15 H.P.motor 72"-6blade 8411-4 blade 84"-6 blade T E F C 1,039.40 1,137.20 1,242.20 2,078.80 21274.40 2,484.40 Splash Proof 968.40 1,066.20 1,171.20 1,936.80 2,132.40 2042.40 Open Drip Proof 950.40 1,048.20 1,153.20 1,900.80 2,o96.40 2006.40 F.O.B. Factory with Lubbock full freight allowed Brand Chicago Blower Aerovent Axial Airfoil non-adjustable fans Terms 2%-10th prox. Net 30 days Pricing Firm Firm Delivery 3 weeks After consideration of the bids, it was unanimously agreed by the City Commission to REJECT the bids received and authorize new bids to be requested on said fans for this cooling tower. 54-13-254-438 - A Bids as follows were read for purchase of 15 radio transceivers, being Bid No. 709. .RADIO TRANSCEIVERS, BID NO. 709, CLOSED 10-19-54 15-Radio Transceivers Motorola C. and E. Inc, General Electric Co. to meet City of Lubbock Tulsa Oklahoma Specifications 1-Front Mount D33G Frequency 14 MC-208 for Rear Mounting 54.19 MC -Motorola - 1 SIC-208F for Front Mounting 352.00 371.00 14-Rear Mount T-336 370.00 59180.00 GRAND TOTAL _5032.00 5,565.00 F.O.B. Lubbock Lubbock Terms 30 days net 30 days net Pricing 60 days 90,days Delivery 5 weeks 45 days After consideration of all bids received on the radio transceivers, motion was made by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize acceptance of the bid of Motorola C. and E. Incorporated, it being considered the lowest and best bid, 54-13-254-4�9 Bids were received on October 14, 1954, of record at page 242- Minute Book 13, for purchase, by the City, of 1 Dempster-Dumpster hoisting unit or equal and 23 Dempster- Dumpster 12 cubic yard bottom dump trash containers or equal for use in collecting trash and refuse, the bids having been taken under advisement on October 14, 1954. On this date, October 22, 1954, the City Commission again considered purchase of said equipment, and motion was made by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize acceptance of the bid of the Dempster Brothers of Knoxville, Tennessee, for purchase of this equipment. The truck required for the Dempster-Dumpster unit is estimated to cost $1,100.00 less than the truck required for the Brooks Manufacturing Company unit. The previous record of the DempsterDumpster equipment in other neighboring cities was also considered in making the award to -Dempster Brothers. 54-13-254-440 There was discussion of purchase of one (1) additional pick-up B)r use in picking up dogs and motion -was made by•Commissioner Forrest, seconded by Commissioner Carpenter motion carried, Mayor Tripp and Commissioners Baker, Carpenters Forrest and Thomas voting Yea, none voting Nay, to authorize bids to be received for purchase of said pick-up. Authorization being also hereby given for ipayment of said pick-up to be . made from 1954-1955 Budget Funds, ;4-13-254-441 � Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the 1954-1955 City of Lubbock budget to be supplemented in an amount of $3,024.00 to cover employment of one (1) additional Animal Warden. i4-13-254r442 There was discussion of passage of an ordinance regulating the levy and collection of, all occupation taxes in the City of Lubbock that the City is authorized to collect byjreason of the State of Texas being authorized to collect said taxes, No action was taken in this regard, the Mayor and City Commissioners to be furnished a list of the occupations taxable, ;4-13-254-443 Consideration was given the claim of Dewey E. McMillan, former member of the City of Lubbock Police Department, for charge -back of eleven days vacation time in connection with the termination of his employment on August 25, 1954, Mr. McMillan requesting payment for the eleven days vacation time. After consideration of this claim, motion was made by Commissioner Thomas, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to REJECT the claim, since it would be against the policies of the City to pay this claim, ;4-13-254-444 Motion by Commmissione r Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize renewal on December 1, 1954 of the Blanket Position Fidelity Bonds covering Qity employees, for a three-year term. Authorization being hereby given for the coverage to be increased from five to ten thousand dollars on each employee, �� 54-13-255-445 Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried,, Mayor Tripp and Commissioners Baker, Carpenter and Forrest and Thomas voting Yea, none voting Nay, to authorize the increase of the City Secretary -Treasurer bond coverage under the Name Schedule Fidelity Bond from five to ten thousand dollars, 54-13-255-446 The following proposal was received from Mr. Leroy Saul in which he proposed to sell the City of Lubbock, 320.6 acres of land, being the West one-half of Section 43, Block P, Lubbock County, Texas. THE STATE OF TEXAS HOUSE OF REPRESENTATIVES AUSTIN.. TEXAS Oct. 14, 1954 Mr. W. B. Holmes Dept. of Public Works City of Lubbock Dear Sir: I would like to list with the City Commission of the City of Lubbock, the following property: WL Sec. 43, Blk, P., Lubbock County, Texas The property contains 320.6 acres at $375.00 per Acre, with allninerals reserved. This proposal gives the City of Lubbock the right to drill test holes for the purpose of establishing data pertaining to water under the above acreage. Acceptance of the proposal shall be based on the information of the test holes. The City shall, if they so desire, run the two eight inch wells as part of the test in securing the necessary data. This option shall rest with the City of Lubbock for a period of sixty (60) days, from the above date. Sincerely yours, Is/ Leroy Saul Leroy Saul After consideration of the above proposal, motion was made by Commissioner Baker, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to not purchase the land set out in the above proposal. to be 54-13-255-447 It came to the attention of the City Commission that bids were/received October 25, 1954, f or: 7,825 Lin. Feet of 61, class 50, water pipe 9,420 Lin. Feet of 811 class 50, water pipe This pipe to be used in laying "collector" water lines. Motionuss made by Commissioner Forrest, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize award for purchase of this pipe to be made on the basis of the lowest price per square inch of area per linear foot on said bids. 54-13-255-448 Motion by Commissioner Baker, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the extension of "sick leave" of Jim Earls, employee in the City of Lubbock Electric Department, until January 1, 1955. 54-13-25 -1�1 q Consideration was given the proposal of Mr. Wesley Read for sale of water rights to the City in the North one-half of Section 48, Block A. Lubbock County, Texas, said proposal being of record in the minutes of the City Commission meeting held October 14, 1954, and it was unanimously agreed to defer action in this regard until this matter has been brought to the attention of the Water Resource Board. 54-13-255-450 There was discussion of the claim of A. C. Wright covering crop damage in connection with the laying of the West Lubbock County Water Supply Line in Section 35, Block D-5, Lubbock County, Texas, but action was deferred. 54-13-255-451 Motion by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting May, to approve the extension of electric distribution lines into the alley between Avenue A and Avenue B and between 57th and 60th Streets, this being Lyndale Acres Addition. The cost of the extension being as follows: Cost of line $1,436.94 Cost of transformers installation 183.96 1, 20.90 Payment hereby authorized to be made from the Electric Distribution Budgeted Funds. 54-lL256-452 The Panhandle & Santa Fe Railway Company in their letter dated September 30, 1954, signed by J. H. Blake, acting superintendent of the Slaton, Texas, Division, proposed to the City that the City place/drainage culvert under Erskine Street, approximately 40 feet West of the main line track of the Panhandle and Santa Fe Railroad, North of Lubbock. It being considered that a 48 inch reinforced concrete culvert pipe, 100 feet in length, would be sufficient. Estimated cost of this 48 inch culvert is $2,100.00, said estimate,includes two concrete headwalls and repair of the paving on Erskine Street. After discussion of this proposal, motion was made by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor.Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize payment of one-half of the total cost of this installation, providing the Panhandle and Santa Fe Railroad Company will pay the other one-half of the expenditure. i4-13-2�6-4�3 The following letter was received from the Texas Highway Department: TEXAS HIG$WAY DEPARTMENT Lubbock, Texas OctolQer 19, 1954 Lubbock County U 546 (22) Control 52-7-20 US Highway 87: From Avenue Q and 3rd Street, City of Lubbock Northeast to US Highway 87 The City Commission of the City of Lubbock Lubbock, Texas Attention. Mr. Wm.B. Holmes, City Engineer Gentlemen. - In connectiopkt h the proposed construction of the extension of'Avenue Q from Third Street Northeast to connection with U S Highway 87 (Amarillo Highway), it is considered that the installation of a storm sewer system between 4th Street and the Clovis Road will give considerable relief to the flooded conditions which prevail in this area during periods of heavy rains, however complete elimination of flooding cannot be secured due to insufficient capacAty of the existing 43" storm sewer at 4th Street into which this system must discharge. The cost of installing this system must be borne by the City which is estimated at $12,000.00, at prevailing contract prices, however, it is believed that some saving - could be effected by placing the pipe with the City forces. If the City decides to approve this instalation, it is suggested that it be handled in the same manner that is being used on 4�h Street between Avenue 0 and Avenue L, in which the City is laying the pipe, and the inlets and manholes are included in the constructions contract for which the City is reimbursing the State. SCM/rj Yours truly, /s/ S. C. McCarty S. C. McCarty District Engineer After consideration of the above letter, motion was made by Commissioner Forrest, seconded by Commissioner Baker.. motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize payment of the cost of a storm sewer to be constructed in Avenue Q, between 4th Street and Clovis Road, at an estimated cost of $12,000.00, payment of said installation hereby authorized to be made from Storm Sewer Bond Funds. Said storm sewer to be constructed when the Northeast Avenue Q part of the Highway Dispersal System is constructed. J-1-25(-4a Motion by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to approve and authorize publication of the following Notice of Zoning Hearing: Said hearing to be held January 10, 1955, by the Planning and Zoning Commission. NOTICE ZONING HEARING NOTICE is hereby given to all owners of real property and to all other interested persons, as provided by law, that the Planning and Zoning Commission will hold a public hearing on the loth day of January, 1955, at 9:00 a.m., in the City Commission Room on the first floor of the City Hall iu Lubbock, Texas, to consider recommending to the City Commission that the regulations, restrictions and boundaries of the present Zoning Ordinance 661 be amended, supplemented, changed, modified and repealed by th+ adoption of a new zoning ordinance and map. Such proposed ordinance defines certail terms and regulates the location,, size, height, bulk anti use of moldings within zoning districts -and fixes building lines for each district and fixes the percentage of any lot or tract of land to be occupied in various districts, and regulates the size of yards, courts and open spaces in each particular district, and regulates the density of population, structures, buildings, lands, industries and residences in the erection, repair and alteration of all buldings and structures in each particular district, and adopts a zoning map which is made a part of the proposed ordinance, which provides for the location and outline of all districts on said zoning map, aid makes all figures, letters, marking and colors on said map a part of such ordinance, and such ordinance further creates a Board of Adjustment and defines its powers and duties, and provides a penalty for violation of such ordinance. A complete copy of the proposed zoning ordinance and map may be obtained from the City Secretary's office in City Hall. At said hearing al-1. interested persons will be given an opportunity to be heard. /s/ Henry M. DeNoble Secretary, Planning & Zoning Commission 54-13-2�7-455 Motion by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, (Thomas being absent when this item regarding Water Resource Board was brought up) to accept the following recommendation of the Lubbock Water Resource Board which was made by the Water Board in a joint meeting held October 22, 1954, at 2r00 otclock P.M. by the Water Resource Board and the City Commission; to instruct the directors of the Canadian River Water Authority to advise the Authority at their meeting to be held November 8, 1954, in Plainview, Texas, that the City Commission of the City of Lubbock is agreeable to the following: (1) To share equally with the City of Amarillo in the cost of the preliminary investigation to be made by the engineers on the Canadian River Project, and that Lubbock's proportionate cost is to be deter- mined by adding the number of water meters in Lubbock and the number of water meters in Amarillo, dividing this total by two (2) and using this percentage of the total water meters in the member cities as a basis for payment. This percent is estimated to be 33.25 percent of the total cost of the preliminary investigation or a cost of approximately $13 9, 699.50 to the City of Lubbock. Amarillo r s proportionate cost of the investigation to be the same amount. (2) That it is the recommendation of the City Commission of the City of Lubbock that plan one (1) in the Report submitted by the Financial Advisor of the District be adopted by the District. It is hereby understood that this plan contemplates the issuance of Revenue Bonds to finance the Project instead of Tax Bonds. (3) That it is the intention of the City Commission of the City of Lubbock to hold one election on a date to be determined by the Canadian River Municipal Authority, for the bond election, and the water contract election, it being hereby understood that the water contract election would determine whether or not the City of Lubbock is willing to enter into contract with the Authority for the purchase of water from the Project, and that the Bond election will determine whether or not Lubbock will participate in issuance of bonds for the project. 54-13-257-456 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest voting Yea, none voting Nay, (Commissioner Thomas being absent when agreement was reached regarding County Commissioners Court and City Commission Meeting held September 16, 1954) to record the following agreement made with the County Commissioners Court of Lubbock County in joint meeting between the City Commission and the County Commissioners Court held on September 16, 1954 in the Commissioners Court room in the new Courthouse. (1) "To pay 50% of all welfare bills up to November 15, 1954." (2) "The City ock to pay 35% of the County of Lubbockti approvecj/tiiiqggaet beginning November 15, 1954." Said approved budget to be submitted to the City Commission for joint approval. PROPOSAL Tor City Commission Lubbock, Texas WHEREAS, the City of Lubbock is the owner of all those certain parcels and tracts of land lying and being situate in Lubbock County, Texas, and being further described AS follows, to -wit. - All of that part of Survey No. Seventeen (17), in Block D-5, E.L. & R.R.R.R. Co. surveys in Lubbock County, Texas, certificate No. 1244, patented to Charles H. Kent, assignee, Patent No, 2, Vol. 53, lying south of the Santa Fe Railroad Company right- of-way and containing 530,23 acres of land, more or less; and, All of Section No. Eighteen (1$), Block D-5 E.L. & R.R.R.R. Co. surveys in Lubbock County, Texas, Certificate No. 1244s patented to B. 0. McWhorter, Patent No. 638, Vol. 39, and containing 640.52 acres of land, more or less; and, WHEREAS, the City of Lubbock has made it known its desire to sell and convey all of the above deseribe4roperty SAVE, EXCEPT AND RESERVING from such conveyance all "Water rights" as that term is herein defined, to-witr The term "Water flights" as used herein means all of the percolating and underground water in, under and that may be produced from the above described tracts of land, together with the exclusive right to take said water from said tracts of land, together with the full and ex- clusive right to ingress, egress and regress in and on said land so that the owner of said water rights may, at any time and location, drill water wells and test welds on said lands for the purpose of investi- gating, exploring, producing and getting access to such percolating and underground water; together with the rights to string, lay, construct and maintain water and fuel Ripeline s and trunk collector and distribut#on water lines, power lines, communication lines., air vents with barricades, observation wells with barricades, reservoirs, booster stations, houses for employees, and access roads on, over and under said lands, necessary or incidental to any of said operations, together with the right to erect 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 necessary or incidental to the taking of percolating and underground water and the production, treating and trans- mission of water therefrom anddel.ivery of said water in the discretion of the owner of said water right at any and all times and seasons. It is understood, that within this definition, water and minerals in water shall never be construed as minerals. Where the owner of said water rights constructs new roads through an outside fence, such owner will install and maintain in such opening gates of durable construction; or, at theoption and request of the owner of the lands, the owner of such water interests, it s successors arcs assigns will install and maintain cattleguards. Where such owner of water interests constructs or uses raods across inside fences, such owner will install and maintain cattleguards; it being under- stood that locking gates on the outside fence shall not affect the right of ingress, egress and regress of authorized officers, employees and contractors of the owner of said water rights engaged in the business of such owner of water rights and pertaining to water rights as herein defined; and, WHEREAS.. it is understood and agreed that there shall further be RESERVED AND EXCEPTED from such conveyance all of the oils gas and other minerals in and under and that may be produced from the above described propertys now owned by the City of Lubbock; ands WHEREAS., it is expressly agreed and understood however, that the purchaser of the above described property, his heirs and assigns, shall be conveyed such quantities of water as may be required to carry on usual and normal domestic and ranching operations and undertakings on said lands, provided that any water well drilled for such purposes shall be equipped with one pump having only one column pipe, which pipe shall not exceed two inches in diameter; and it is further understood and agreed that no percolating or underground water from any source shall ever be used for irrigation purposes on any of that property as hereinabove described; and.. WHEREAS, it is further understood and agreed that this Proposal is submitted subject to due acceptance by the governing body of the City of Lubbock., and that if and when such Proposal is accepteds the City will deliver to the undersigned a complete Abstract of Title showing merchantable title in the City of Lubbock on all that property as hereinabove described; and further that the City shall execute and deliver to the undersigned a General Warranty Deed upon acceptance of title by the undersigned, and payment to the City of the sum of money hereby offered and proposed to be pairs by the undersigned; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTSr That the undersigned on this., the day of ., 1954 does hereby propose and offer to the CITY OF LUBBOCK., the sum of DOLLARS as consideration lbr conveyance to the undersigned of the hereinabove described property., subject to all the exceptions., reservations and conditions herein contained. Yours truly., OF THE CITY OF LUBBOCK: BE IT RESOLVED BY THE CITY COMMISSION /i. That the foregoing Proposal BE, and the same is hereby accepted this, the day of , 1954. MURRELL R. TRIPPs Mayor ATTESTr Lavenia Lowe, City Secretary -Treasurer LEASE PROPOSAL TOr City Commission Lubbock, Texas WHEREAS, the City of Lubbock is the owner of all those certain parcels and tracts of land lying and being situate in Lubbock County, Texas, and being further described as follows, to -wit. - All of that part of Survey No. Seventeen (17) in Block D-5, E.L. & R.R.R.R. Co. surveys in Lubbock County, Texas, certificate No. 12".. patented to Charles H. Kent, assignee, Patent No. 2, Vol. 53, lying South of the Santa Fe Railroad Company right-of-way and containing 530.23 acres of land, more or less; and, All of Section No. 18 (18), Block D-5, E.L. & R.R.R.R. Co. surveys in Lubbock County, Texas, Certificate No, 1244, patented to B. 0. McWhorter, Patent No, 638, Vol. 39, and containing 640.52 acres of land, more or less; and, WHEREAS, the City ° ie r ihas made it known its desire to lease the surface rights on all the above/prope SAVE, EXCEPT AND RESERVING from such lease agreement all "water rights" as that term is herein defined, to -wit. The term "water rights" as used herein means all of the percolating and underground water in, under and that may be produced from the above described tracts of land, together with the exclusive right to take said water from said tracts of land, together with the full and exclusive right to ingress, egress and regress in and on said land, so that the owner 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 such percolating and underground water; together with the rights to string, ley,coRstruct and maintain water and fuel pipelines and trunk collector and distribution water lines, power lines, communication lines, air vents with barricades, observation wells with barricades, reservoirs, booster stations, houses for employees, and access roads on, over and under said lands, necessary or incidental to any of said operations, together with the right to erect 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 necessary or incidentkto the taking of percolating and underground water and the production, treating and transmission of water therefrom and delivery of said water in the discretion of the owner of said water rights at any and all times and seasons. It is understood, that within this definition, water, and minerals in water shall nevep6e construed as minerals. Where the owner of said water rights constructs new roads through an outside fence, such owner will install and maintain in such opening gates of durable construction; or, at the option and request of the owner of the lands, the owner of such water interests, its successors and assigns will install and maintain cattle. guards. Where such owner of water interest constructs or uses roads across inside fences, such owner will install and maintain cattleguards; it being understood that lock 4ig. gates on. the outside fence shall not affect the right of i.gress,.egress.and regxeSs of authorized officers, employees and con- tractors of the owner_ of . said grater rights engaged in the business of such owner -of water rights a$ herein defined; and, T HEREAS, it is understood and agreed that there shall further be RESERVED AND EXCEPTED from such lease agreement all of the oil, gas and other minerals in and under and that may be produced from the above described property, now owned by the City of Lubbock; and, WHEREAS, it is .expresAy, agreed and understood, however, that the Lessee of the above described property, shall be permitted to use such quantities of water as may be required to carry on usual and normal domestic and ranching operations and under- takings on said lands, provided that any water well drilled for such purposes shall be equipped with one pump having ,grily ,Qae .Qalu�n pipe, which pipe shall not exceed two inches in diameter;. iameter; and it is further understood and agreed that no percolating or underground water from any source shall ever be used for irrigation purposes on any of the property as hereinabove described; and, WHEREAS, it is agreed and understood that the undersigned, as Lessee must conserve all 1170.`75 acres as hereinabove described, and use every reas.onable effort to keep the top soil of such property from blowing, and allowing such soil to grow up in Johnson Grass, Russian Thistles (tumbleweeds), and all other types of wild vegetation which would constitute a nuisance to adjoining property; and further Lessee shall have the privilege of removing all personal property and improvements places on the above described property at the expiration of the term of this lease; that Lessee sha13 give peaceable possession of said property at the termination of this lease in as good condition as reasonable use and wear will permit, and that Lessee shall not attempt to hold over under this lease or claim any renewal, extension or continuance of this lease unless agreed to in writing and signed by the parties hereto, and no verbal agree- ment to abrogate the terms hereof shall be binding or admissible in evidence; that in the event Lessee fails or refuses to keep and perform any covenant or condition of this contract in the time and manner herein stated, the City of Lubbock shall have the right, without notice or demand, to declare this contract null and void and take possession of said premises without being guilty of trespass and without prejudice to any other remedy it may have for the collection of its rent or the enforcement of its contract; and, WHEREAS, it is further understood and agreed that this Proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. NOW, THEREFORE, PROPOSAL NO. 1 KNOW ALL.MEu BY THESE PRESENTS: That the Indersigned on this, the day Of , 1954, does hereby propose and offer to the City of Lubbock, the annual cash rental of DOLLARS per acre as consideration for leasing the surface of the hereinabove described property from the 1st day of January, 1955, for a period of one year ending not later than December 31, 1955, subject to all the exceptions, reservations and conditions herein contained. PROPOSAL NO. 2 -KNOW ALL MEY•BY THESE PRESENTSs That the undersigned on this, the day Of , 1954) does hereby propose and offer to the City of Lubbock, the annual cash rental of DOLLARS per acre, payable annually in advance of the 1st day of January in each year as annual consideration for leasing the surface of the hereinabove described property from the lst day of January, 1955, for a period of five years ending not later than December 31, 1959, subject to all the exceptions, reservations and condt ions herein contained. Yours truly, Lessee BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: That the fore- going Proposal No. BE, and the same is hereby accepted this, the day of , 1954. CITY OF LUBBOCK, Lessor MURRELL R. TRIPP, Mayor ATTEST: Lavenia Lowe, City Secretary -Treasurer This being the date set to receive bids far sale or for lease for one or five years of land owned by the City of Lubbock, as set out in the above proposals, motion was made by Commissioner Baker, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to open the bids, whereupon, the following bids were opened and reads Proposals received for purchase of land: A. C. Wright and E. B. Wright.*......... #o##@o#o#$23s465*O0 Walter L. Herrin ........... ............... ........18,751.00 L. M. Powell... ........ o.**.00.00*000*odg00000.00027.9150-00 A. C. Wright......................................1O,679.37 (This bid being on 530.23 acres of land in Section 17, Block D-5) Proposals received for lease of land as set out in the above lease proposal: L. M. Powell....... . ............................ 1.30 per acre per year on proposal No. 2- Herrin Brothers (Al and Neil) .................... 1,317.09 per year on Proposal No. 1 $ 6,585.45 per year on A. C. Wright Proposal No. 2 ..................................... 1.00 per acre per year on Proposal No. 2 After consideration of all bids received, motion was made by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to accept the bid of L. M. Powell, Star Route, Rall.s, Texas, on his lease Proposal No. 2, in the amount of $1.30 per acre per year for a five year period, beginning January 1, 1955 and ending December 31, 1959. The Mayor being hereby authorized to enter into contract for lease of this land. 4-13-260-458 Motion by Commissioner Baker, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize a parade to be held by the Negro Citizens of Lubbock, at 4:00 oteloek P;M. October 22, 1954. No further business coming up for consideration the City Comm meet November 2, 1954, at 10:30 A.M. Read and approved, this the 9th day of November, 1954 RELL P, Mayor / r La en is Lowe, It Se retary-Treasurer