Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 12/9/1954December 9, 1954 Lubbock, Texas The City Commission of the City of Lubbock, Texas, met at 9i00 A.M. in regular session at the regular meeting place in the City Hall, the following members thereof being present, to -wits Mayor Murrell R. Tripp, Commissioners Lennis Baker, Hurley Carpenter and S. S. Forrest, Director of Public Safety, Lynn Andrews, Director of Public Works, W. B. Holmes, City Attorney Vaughn E. Wilson, and City Secretary -Treasurer Lavenia Lowe. Absents Commissioner Lucian Thomas and City Manager, Steve Matthews. Motion b Commissioner Baker seconded b Commissioner Carpenter, motion carried, Mayor Y , y Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, Minutes of Accounts allowed from Warrant No. 3152 through Warrant No. 3654, both inclusive, and Minutes of Accounts allowed from Warrant No. B-517 through Warrant No. B727, both inclusive, were approved. Motion by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, the following City Commission minutes were approved: Recessed Regular Meeting November 23, 1954 Regular Meeting November 24, 1954 4-13-322-550 Motion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, Ordinance No. 1634 was passed on second and final reading. ORDINANCE NO. 1634 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF THE NORTP-SOUTH.ALLEY IN LOT 20 BLOCK 2, WITT ACREAGE ADDITION, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE, 443-322-551 Motion by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor �i Tripp and Commissioners Baker, Carpenter, and Forrest voting Yea, none voting Nay, Ordinance No. 1621 was passed on first reading. This ordinance was published on October 27,,1 1954. ORDINANCE NO. 1621 AN ORDINANCE ANNEXING AN Un AND TERRITORY ABUTTING AND ADJACENT TO THE EXISTING CORPORATE LIMITS OF THE CITY OF LUBBOCK, BEING APPROXIMATELY 10 ACRES OF LAND LYING SUBSTANTIALLY AT THE SOUTHEAST CORNER OF THE 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 OORPORA3E BOUNDARIES TO ANNEX THE AREA; PROVIDING FOR PUBLICATION AND FINAL PASSAGE UNDER PROVISIONS OF SECTION 3-As ARTICLE ICHAPTER ONE OF THE CHARTER OF THE CITY OF LUBBOCK, AND EXTENDING THE CITY LIMITS TO INCLUDE SAID AREA. 6-13-322-552 Bids as follows were read for purchase of cable lasher, 15,000 volt 7 strand cable, and circuit recleser, for use by the Electric Department, being Bid No. 743. CABLE LASHER, 15,000 VOLT 7 STRAND CABLE, & CIRCUIT RECLOSER, BID #743-Close November 30, 1954 R & A Graybar Electrical Su Electric Co. Supply Corp. . 1 Cable lasher, holds two coils of .045 lashing wire, to lash cables up to 3" diameter. Aluminum alloy casting, sealed ball bearings on spinning drum, direct gear driving, all steel parts to be cadmium plated, to have such automatic features as No Bid Gen, Machine No Bid fingertip operated all range tensioning device, self register- 481.25 ing drum lock, two -rosy brake against back roll, and center feed 481.25 non -rotating mire coil, complete with carrying case. General Machine Cat. #7360-1, or equal. . 1000 Lin. Ft. #2, 15,000 volt electric power cable, 7 strand, 10778.00 M 1071,00 3174.00 M as per City of Lubbock, Electric Department specifications. 1078.00 1071.00 1174.00 #E-15. 5 - % - 11.74 12.2 1 11 ExOc76ioons ept Gencone- Okonite to specs. Neoprene Bid No. 743 Continued 3.1-Oil circuit recloser, three phase nominal Voltage 2.4 K.V. to 14,4 K.V., max. design Voltage 15.5 K.V. Nominal load rating 140 amps. Kyle type R or equal. TERMS F.O.B. PRICING DELIVERY 1. \, 2. 3. TERNS F.O.B. PRICING DELIVERY 5,4-13-323-553 R & A Graybar Electrical Supp Electric Co. Supply Corp. No Bid General Electric No Bid 945.00 945.00 of 1%-10 days items 1 & 3-Net 1% item 24%--10th prox. Lubbock .Lubbock 30 days firm 6-8 weeks item 1-3 wks. item 2-45 days item 3-8 wks. Anderson -Young Nelson Electric Westinghouse Abbott's Pieter C.B.Anderscn Electric Co, Supply Company Elec. Sup. Co. Laboratory Company No Bid No Bid 505.31 No Bid Alternater Neale Model D 423. i15 Alternate: 965.43 1111.00 3174.00 1174.00 1072,00 1072.00 1111.00 1174.00 1174.00 1072.00 1072.00 1111.80 1152.2 1152.26 1072.00 10 4 Phillips -Dodge Okonite Okonite Simplex Simplex Exceptions to specs. Lubbock subject to change 6-8 weeks G. E. Supply Company No Bid No Bid No Bid No Bid No Bid No Bid 1455.00 General_ Electric 1455.00 net 945.00 945.00 Net 30 1%-10th- Item 1-Net Net 30 Item 1-unknown Net 30 Net 30 Item 2-1% Item 2- 10 days 10 days Item 3-Net Lubbock S.P./F.A. Item 1-Phil. B.P./F.A. Item 1-Topeka Lubbock Penn. Kan. Item 2-Lubbock 2 & 3-SP. IF. A. Firm Subject to Firm Firm Firm Firm change 8-10 weeks 8 weeks Item 1-1 week 5-6 weeks Item 1-1 week 8 weeks Item 2-8 weeks Item 2- 5-6 wks. Item 3-Factory stock Afterconsideration of all -bids,, motion was made by Commissioner Carpenter, seconded by Commissioner Baker, motion carried,$ Mayor Tripp and Commissioners Baker, Carpenter and • Forrest voting Yea, none voting Nay, to authorize purchase to be made as follows: Accept the Bid of Graybar Electric Company for purchase of Item 1; Accept the Bid of C. B. Anderson Company for purchase of Items 2 and 3; Bids as follows were read for purchase of Street Light Lumindres and Light Brackets for use by the Electric Department, being Bid No. 750. STREET LIGHT LUMINAIRES AND LIGHT BRACKETS, BID #750 - Close November 30, 1954 • Line G. E. Supply Westinghouse • Material Company Electric Supply Co. Alternate.- 1. 175 Residental 22.33 27.15 22.00 19.72 type street light 3907.75 4751.25 3850.00 3451.00 luminaires etc. Alternate: 2. 25 Curved upsweep 5.45 8.93 6.28 11.11 light bracket 136.25 223.25 157.00 275.75 TERMS Net 30 Net 30 Net F.@L B. S.P/F.A. Lubbock Lubbock PRICING 30• days Firm Subject to change DELIMY Item 1-partial Item 1-60 Item 1-6 wks. del.-45 days in 4-5 wks. Alternate - Houston Stock bal.. as needed bal. as needed Item 2 - Phil. stock Item 2-stock Item 2-Dallas stk. Alt. St. Louis Stock After consideration of all bids, motion was made by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to.autherize acceptance of the bid of 1.3.ne Material Company for this purchase. This being the lowest and best bid received, since the bid of Westinghouse Electric Supply Company did not meet specifications. ;4-13-324-554 Bids as follows were read for purchase of Reinforced concrete culvert pipe, being Bid No. 755. REINFORCED CONCRETE CULVERT PIPE, BID #755-Close November 30, 1954 Gifford -Hill- Brown Supply Company Panhandle Inc. 1. 275 Lin. Ft. 48" Reinf. Concrete 7:87 No Bid Culvert Pipe 2,164.25 2. 90 Lin. Ft. 24" Reinf. Concrete 2.68 . Culvert Pipe _ 241.20 BRAND ASTM C 76-52 - F. 0. B. Delivered TERMS 5% PRICING Firm The only bid received for purchase of this culvert. pipe was from Gifford -Hill -Panhandle Inc., It was found by the City Commission that the prices submitted were in order and motion was made by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize acceptance of the bid of Gifford -Hill -Panhandle Inc. for purchase of this concrete culvert pipe. 4-12-324-555 Bids as follows were read for purchase of automobiles, beingr Item 1 through 8 for the Police Department, Item 9 for the Health Department, Item 10 for Electric General and Commercial (Water and Light) and Item ll.for Park Department, being Bid No. 759.. AUTOMOBILES, BID #759 - Close November 29, 1954 Items 1 to 8 Police Department, Item 9 for Health Department, Item 10 for Electric General & Commercial, Item 11 for Park Departmert Hub Motor Louthan-Dowell Lubbock Auto Kbyksndall Company Motors Company Chevrolet Co. 1 1955-6 cylinder 4 Door Sedan Automobile equipped with heater, Dual Defrosters, Dual Sun Visors, Dual windshield vipers, oil bath air cleaner, Fram Oil 1870.30 2142.85 1476.14 1958.50 Filter, Dire #icnal Lights, operators Arm Rest, Aso 70. 0 111 600.00 1120.5p Tray, Spare tire and wheel, color to be any color 1100.00 1029,81 876.14 83 8.00 except Black or Maroon. Less Trade-in 1953 Plymouth. City No. 16-2 . 1 Same as Item 1 1870.30 2142.95 1476.3.+ 1958,50 Less trade-in 1953 Plymouth. City No. 16-3 0. 0 111 .04 7 .00 1020.50 1100.00 1029,81 901.14 93 .00 1 Same as Item #1, except color to be black 1870.30 2142.85 1476.14 1958.50 Less trade-in, 1954 Chevrolet. City No. 16-4 900.00 1263.o4 1000.14 1370950 970.30 879.81 476.00 588.00 . 1 Same as Item #3 1870.30 2142,85 1476.14. 1958950 Less.trade-in, 1954 Chevrolet. City No. 16-19 900,00 1263.04 1000,00 1370.52 970.30 879.81 476.00 588.00 . .1 Same as Item #3. 1870.30 2142.95 1476.14 1958.50 Less trade-in, 1954 Plymouth. City No. 16-17 900.0 1263.©4 900.00 1270 0 688.00 970.30 879.81 576.14 . .1 Same as Item #3 1870,30 2142.85 1476.14 1958.50 Less trade-in, 1953 Chevrolet. City No. 16-22 0. 0 101 600.o0 920.50 1100.00 1129.81 �.14 1038,00 1 Same as Item #3 1870.30 2142.85 .1476.14 1958.50 Less trade-in, 1953 Chevrolet. City No. 16-19 770.30 1013,©4 600.00 -14 920,50 1100.00 1129.81 8�7 lo38.00 1 Same as Item #3 1870,30 2142,85 1476.14 1958.50 Less trade-in Harley Davidson Motorcycle, 500,00 663.04 250.00 420.50 City No. 16-40 1370.70 1479.81 1226,14 1538.00 On the above 8 items all cars bid must have 6 volt electrical systems. All Police extmas will be removed from trade-ins. Bid No. 759 Continued - r Hub Motor Louthan-Dowell Lubbock Auto Kuykendall Company Motors Company Chevrolet Co. 9, 1 Same as Item #3 List 1870.30 1629.81 1476.14 1958.50 Less trade-in 1950 Chevrolet City No. 20-4 0. 0 250.00 300.00 8. 0 1450.00 1379.81 1174.1 13-80.00 10, 1 Same as Item #3 1870.30 2142.85 1476.14 1868,50 Less trade-in 1950 Plymouth, City No. 87-5 0. 0 763.0 200,00 -$45-M 14.50.00 j 9.81 12�14 1003,50 11. 1 Same as Item #3 1870.30 2142.85 1476.14 1868.50 . Less trade-in 1950 Chevrolet, City No. 40-4 420.30 763.04 200.00 545.50 1450.00 1379.81 1277.14 1323.00 TIM Net-15 days Net Net F.O.B. Lubbock Lubbock Lubbock Delivered PRICING Firm Firm Firm Firm DELIVERY January Approx. 15-30 days 30-45 days BRAND Plymouth Plymouth Ford Chevrolet Plaza 6-4 dr. Motion wgs made by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorise acceptance of the bid of Kutiykendall Chevrolet Company for purchase of Items 1 and 10, and to accept the bid of Lubbock Auto Company for purchase of Items 20 33, 4, 5, 6, 7, 8, 9 and 11. Item No. 2 to be purchased out -right without a trade-in. 54-13-395-156 Motion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, the following resolution was passed: L L RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A RELEASE OF VENDORS Lim TO H. C. ISM AND GEORGE A. FIELDS RETAINED IN THE WARRANTY DEED FRCK THE CITY OF LUBBOCK TO W. R. SLATON DATED JULY 90 1954. WHEREAS, on December 7, 1954, H. C. Lewis and George A. Fields, Assignees of W. R. Slaton to that land described in that certain Warranty Deed from the Ctrty of Lubbock to W. R. Slaton dated July 9, 1954, recorded in Volume 539, Page 177, of the Deed Records of Lubbock County, Texas, paid to the City of Lubbock the amount of THIRTY THOUSAND, ONE HUNDRED TEN and N01100 ($30,110.00) DOLLARS, And which amount was delivered in full and final payment of the note and interest due thereon which was executed and delivered by W. R. Slaton as part of the consideration for said conveyance and Deed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK-. SECTION 1. That the Mayor is hereby authorized and directed to execute a release of the Vendor's Lien retained in the Warranty Deed hereinabave described and, further directing the -City Secretary to attest the release and affix the corporate seal of the City of Lubbock thereto. On motion of Commissioner Carpenter, seconded by Commissioner Baker, the foregoing resolution was passed on this the 9th day of December, 1954, by the following voter ATTEST-. Commissioners voting "YEA". Baker, Carpenter, Forrest and Mayor Tripp Commissioners voting "NAY"-. None /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayer /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer FOS/EFE C RELEASE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK WHEREAS, on July 9, 1954, the City of Lubbock, acting by and through its duly authorized officer conveyed to W. R. Slaton, a tract of land out of the Northeast one- fourth (NEk) of the Southwest one-fourth (SW4) of the Northeast one-fourth (NEk) of Survey Fourteen (14) in Block B, Lubbock County, Texas, and being the North 10 acres, more or less, of Block Six (6) of the L. D. Kinser subdivision, according to plat re- corded in Vol. 139, page 170, Deed Records of Lubbock County, Texas, and as a part of the consideration for such conveyance, W. R. Slaton, executed and delivered a certain promissory note dated July 9, 1954 in the principal amount of THIRTY THOUSAND AND NO1100 (430x000.00) DOLLARS payable to the order of the City of Lubbock and to secure the paymleht of which a Vendor's Lien was retained in the Warranty Deed, which is recorded in Volume 539, Page 177 of the Deed Records of Lubbock County, Texas, to which instrument and the record thereof reference is here made for the purpose of a better description of the lands, the note and liens, securing same and by such reference the same is made A part hereof as though fully copied herein, and,. WHEREAS, the full amount of the principal and interest due on said note has now �II, been fully and f;nally PA?D, NOKs THEREFORE, q KNOW ALL XEN BY THESE PRESENTS: That the City of Lubbock, scting herein by and through its duly constituted Mayor, Murrell R. Tripp, hereunto duly authorized for and in consideration of the sum of THIRTY THOUSAND, CAVE HUNDRED TEN AND N0/100 ($30,110.Q0) DOLLARS to it is hand paid by H.. C. Lewis and ,George A. Fields, the Assignees of W. R. Slaton has this day and does by these presents forever RELEASE AND DISCHARGE the property described in the Warranty Deed hereinabove mentioned from any and all liens held by it created by virtue of the Vendor's Lien reserved and retained in said Deed. IN WITNESS WHEREOF, the City of Lubbock has caused its corporate name to be hereunto subscribed by its Mayor, MURRELL R. TRIPP, and its duly attested corporate seal to be hereunto affixed by its Secretary all in the City of Lubbock, Texas, this 9th day of December, 1954. CITY OF LUBBOCK By.- /a/ Murrell R. Tripp MURRET.T. R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe LAVENIA LONE, City Secretary -Treasurer STATE OF TEXAS COUNTY OF LUBBOCK BEFORE MB, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared MURRELL R. TM:PP, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as. MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. (SEAL) Given under my hand and seal of office.. this 9th day of December, 1954. /s/ J. A. Maynard Notary Public, Lubbock County, Texas 54-13-326-557 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, and Forrest voting Yea, none voting Nay, the following resolution was passedr 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 tea (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 specifica- tions as approved the City Engineer, and the owners of property abutting 43rd Street from Memphis Avenue to Nashville Avenue, have requested permission to have pavement improvements constructed on the aforementioned 43rd Street and the paving of said 43rd 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, Ralph R. Walker and the other owners of the property abutting on the herein described street will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the abovemesntioned 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 $4789.82, the total cost not over $5029.31, and the City's share in connection therewith would not exceed $398.61, leaving the property owner's portion not to exceed $4630.709 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 $398.61 has been duly budgeted and is avilable, THEREFUU, 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 1697 43rd Street from Nemphis Avenue to Nashville Avenue The City Engineer is further authorized and directed to duly inspect said paving construction on said 43rd Street and to require strict ccapliance with the approved plans and specifications, and upon completion of said paving, and upon final approved by the City &MO.neer and acceptance of such improvements by the City Commission, the City Engine J is authorized to pay the contractor in full and final payment of the City's share of the cost of the abovementioned improvements a stun not to exceed $159.12 which is the City share $398.61 less $239.49 engineering, leaving the amount due the contractor from the property owners not to exceed $4630.70, Section 2. This authority its conditioned that Ralph R. Walker 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 ever y ry 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 Ralph R. Walker 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 43rd Street and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum $159.12 to the contractor upon completion and acceptance of paving improvements, by the City Commission of the City of Lubbock, Texas. On motion of Commissioner Forrest, seconded by Commissioner Carpenter, the fore- going resolution was unanimously passed by the City Commission this 9th day of December, 1954. /s/ Murrell R. Tripp Murrell R. Tripp, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary I, Ralph R. Walker, representing nyself 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. Ralph R. Walker By: Kerr and Middleton Bye. Approved: /s/ W. B. Holmes W. B. Holmes, City Engineer Approved. - Is/ Vaughn E. Wilson Vaughn E. Wilson, City Attorney 54-13-327 -!558 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, and Forrest voting Yea, none voting Nay, the following resolution was passed: RESOLUTION G.W.O. 1023 A RESOLUTION PR9VIDING FOR IMPROVEMENTS OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARATION CF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COISSION OF LUBBOCK, TEXAS, THAT: I. Public necessity exists that the following portions of streets, highways, avenues and/or alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: Street or Avenue From To 37th Street WPL Salem Avenue WPL Vicksburg Avenue 39th Street EGL Utica Avenue EPL Wayne Avenue 40th Street EGL Utica Avenue E.Pay.L. Slide Road 35th Street WPL Utica Avenue WPL Vicksburg Avenue 32nd Street EPL Salem Avenue EPL Toledo Avenue Salem Avenue SPL 32nd Street NPL 33rd Street Peoria Avenue SPL 31st Street NPL 32nd Street 30th Street EPL Nashville Avenue EPL Oxford Avenue Nashville Avenue SPL 30th.Street NP1 31st Street Nashville Avenue SPL 24th Street NPL 25th Street Memphis Avenue SPL 27th Street NPL alley btn. 28th and 29th Streets 29th Street A line 601 E! of EPL Mew his Avenue EPL Memphis Avenue Memphis Avenue SPL 30th Street NPL 31st Street 40th Street EPL Memphis Avenue EPL Nashville Avenue Ej Peoria Avenue SPL 42nd Street NPL alley btn. 46th and 47th Streets Ej Salem NPL alley N. of 45th Street NPL of 45th Street Street or Avenue From To Louisville Avenue SPL 32nd Street. NPL 33rd Street Knoxville Avenue SPL 31st Street N.PAv.L. 34th Street Knoxville Avenue SPL 40th Street NPL 42nd Street 34th Street WGL Indiana Avenue WPL Knoxville Avenue Indiana Avenue SPL 35th Street NPL alley S. of 36th Street Joliet Avenue SPL 20th Street NPL 22nd Place Geneva Avenue SPL 29th Street NPL 30th Street Hartford Avenue SPL 39th Street NPL 40th Street Flint Avenue SPL 37th Street NPL 40th Street Elgin Avenue SPL 42nd Street NPL 44th Street Elgin Avenue SPL 33rd Street NPL 34th Street Wi Akron Avenue SPL 46th Street NPL 47th Street Akron Avenue SPL 33rd Street NPL 34th Street 35th Street EPL Avenue V EPL Avenue W Avenue U SGL 37th Street •NGL 38th Street Avenue U NGL 40th Street SPL 42nd Street Avenue S SPL 39th Street NPL 40th Street Sj 47th Street EPL Avenue X EGL College Avenue N2 47th Street WPL Avenue W WPL Avenue X 47th Street WPL Avenue V • WPL Avenue W EIL Avenue W SPL 47th Street SPL alley S. of 49th Street •E Avenue X SPL 46th Street NPL 47th Street Avenue X SPL 47th Street NPL 48th Street 60th Street WPL Avenue T WGL Temple Avenue 58th Street W.Pay.L.Avenue Q South Drive EGL Avenue P 42nd Street East line E.M.Wood Addn. E.Pay.L. Avenue H 38th Street WPL Avenue B EPL Avenue D 30th Street WPL Avenue A WPL Avenue E 29th Street WPL Avenue L EPL Avenue N Hickory Avenue NPL 26th Street NPL 28th Street Avenue D A line 30t N. of NPL 19th Street NPL 19th Street 3rd Place WPL Avenue G EPL Avenue H N. AvenuaP NPL Baylor St. (East Leg) SPL Baylor Street (West Leg) let Street WM Avenue P EFL Paris Avenue Sherman Avenue S1L Clovis Road NPL 3rd Street 3rd Street and Santa Fe Drive WPL Boston Avenue SPL 2nd Place Boston Avenue SPL 2nd Place NPL 3rd Street Detroit Avenue SPL Colgate Street NPL Auburn Street Cornell Street WPL Detroit Avenue EPL Elgin Avenue N. Flint Avenue SPL Cornell Street NPL Colgate Strut E. 14th Street WGL Magnolia Avenue W.Pay.L. Quirt Avenue E. 15th Street WPL Oak Avenue W.Pay.L. Quirt Avenue Avenue SPL E. 2nd Street SPL E. 3rd Place SCherry E. 3rd Place EPL David Avenue FP L Fig Avenue N-S alley, Block 10, SPL 13th Street NPL 14th Street Overton Addition II. Said portions of streets, highways, avenues and/or alleys shall be improved by raising, grading and filling same, by installing concrete curb and Batters, by installing storm sewers and drains where necessary, by installing a compacted caliehe base, and by surfacing with quadruple -asphaltic surface treatment (Penetration type). III. The City Engineer is hereby directed t o prepare plans and specif icat ions for such improvements. IV. Such improvements in each unit shall be paid br in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said streets] highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of the work in the area between their rails and tracts, double trackso turn- outs and switches and two feet on each side thereof. (b) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curb and gutter in 8tnt of such respective property and a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, provided that such part of the costs assessed to the •abutting property or owners thereof shall not exceed 90% of the cost of the improvements plus the cost of the curb and gutter, and further provided that if it shall appear at the hearing to be had before final assessment is made that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate each proportion of the cost as specified abbve, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. (c) The remaining cost of said improvements, after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) hereof, and ag nst abutting property and the owners thereof under sub -paragraph (b) above, shall be paid by the City of Lubbo ckt V. The amounts assessed against and to be paid by railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paid on estimates or statements on cr before ten days after acceptance of the improvements in the unit in which the railway lions, by the City Commission and shall bear interest from date due and until paid at the rate of 6% per annum. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in three equal installments: the first of which shall become due on or before 10 days after completion and acceptance of the improvement's in the unit on which the property abuts by the City Commission; the second and third one and two years respectively after completion and acceptance of the improvements in the unit upon which the property abuts, by the City Commission, and shall bear interest from the date of completion and acceptance until paid, at the rate of six percent per annum, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures. - then at the option of the holder of such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. VI. Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorneyts fees and costs of collection, if incurred, all under and in accordance with the Charter, and amendments thereto, now in force in this City, and in accordance with the provisions of Article 1105B Revised Civil Statutes of Texas as amended by Chapter 281 Acts of the 52nd Legislature. VII. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 9th DAY OF DECEMBER, 1954. /s/ Murrell R. Tripp Mayor ATTEST: /s/ Lavenia Lowe City Secretary APPROVEDt /s/ W. B. Holmes W. B. Holmes, City Engineer APPROVED-. /s/ Vaughn E. Wilson Vaughn E. Wilson, City Attorney 54-13-329-559 Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor -Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize acceptance of the following proposal of Elliott Taylor to convey to the City the required right-of-way off of two tracts of land an Avenue Q Northeast, P R 0 P 0 S A L Proposal and TOt City Commission 1 copy returned City Hall to ROW Office Lubbock, Texas 12-18-54 The undersigned is the sole owner of the following described tracts of land, to wit: A tract of land out of Block 34 of the _Easley Subdivision of Blk. 33 & 34 of the Roberts and McWhorter Addition to the City of Lubbock. BEGINNING at a point which is 35.12 feet West of the Southeast corner of the said-Blk. 34 of the Easley Subdivision, said point being the North R.O.W. line of Second Street; THENCE West along -the North R.O.W. line of Second Street a distance of 55.18 feet to a point; THENCE North $022111" East with the West property line of a tract of land previously deeded to Elliott Taylor.as recorded in Volume 354, Page 253, of the Lubbock County Deed Records a distance of 205.78 feet, to a point, said point being in the Southwest R.O.W. litre of the Santa Fe Railway R.O.W.; THENCE South 560581 OO" East with the said Railway R.O.W. line a distance of 71.97 feet, to a point, said point being the intersection of the said Railway R.O.W. and the East line of the said Blk. 34 of the Easley Subdivision; THENCE South along the East line of said Blk. 34 a distance of 65.48 feet to a point, said point being 98.20 feet North of the Southeast comer of said Blk. 34; THENCE South 19040/419 West a distance of 104.29 feet t0 the POINT OF BEGINNING. Containing 15,882.8 square feet of land or .36461 acres. A tract of land out of the East half of Blk. 83 of the Roberts and McWhorter Addition to the City of Lubbock, and being described as follows. - BEGINNING at a point in the South line of said Blk. 83, 104 feet West of the Southeast corner of said Blk. 83; THENCE West a distance of 151.6 feet with the South litre of said Blk. 93; THENCE North 17040914" East a distance of 63.0 feet; THENCE North 4400114" East a distance of 340.6 feet to a point in the East line of said -Blk. 83; THENCE South a distance of 145.0 feet with the East line of said B1k. 83; THENCE South 300211 West a distance of 93.0 feet with a line 175 feet Northwesterly from and parallel to the center line of a proposed State Highway; THENCE South 35058t West a distance of 98 feet to the POINT OF BEGINNING. Containing 0.825 acres more or less. I propose and offer to convey by warranty deed to the City of Lubbock, the above two (2) tracts of land as described, and in addition, I will execute and deliver a quit claim deed to the said city conveying all my right - , title and interest in and to the following described tract of land: A tract of land out of Paris Avenue adjacent to the South R.O.W. line of the Santa Fe Railway. BEGINNING at a point 98.20 feet North of the Southeast corner of Blk. 34 Easley Subdivision of Roberts and McWhorter Addition to the City of Lubbock, said point being the West R.O.W. line of Paris Avenue; THENCE along the West R.O.W. line of Paris Avenue a distance of 95.28 feet to a point, said point being 29.8 feet North of a 2 x 2 hub set in the Santa Fe Railway South R.O.W. line; THENCE East following the South R.O.W. line of the Santa Fe Railway, a distance of 25.3 feet to a point -- THENCE South following the South R.O.W. line of the Santa Fe Railway a distance of 16.4 feet to a point; THENCE South 56058t East along the South R.O.W. line 2.76 feet to a point; THENCE South 19%0141" West across Paris Avenue a distance of 82.78 feet to the POINT OF BEGINNING. Containing 1,526.1 square feet of land, or .03503 acres. The above described deeds to be delivered to the City of Lubbock upon performance by the city of the following conditions: 1. Payment in cash to me in the amount of EIGHT THOUSAND FIVE HUNDRED AND NO/100 ($8000.00) DOLLARS. 2. That the City of Lubbock will close and abandon all -its right, -title and interest in and to all that portion of Paris Avenue except that portion of Paris Avenue last hereinabove described, commonly designated Oat Lot B and more particularly described by metes and bounds as follows, to-witr .A tract of land out of Paris Avenue between Second Street and the Soxth R.O.W. line of the Santa Fe Railway. BEGINNING at the intersection of the West R.O.W. line of Paris Avenue and the North R.O.W. line of Second Street; THENCE North along the West R.O.W. line of Paris Avenue a distance of 98.20 feet to a point; THENCE North 19040141" East a distance of 82.78 feet to a point in the South R.O.W. line of the Santa Fe Railway; THENCE South 560581 East along the Santa Fe Railway South R.O.W. line a distance of 27.37 feet to a point, said point being the intersection of the East R.O.W. line of Paris Avenue, and the South R.O.W. line of Santa Fe Railway; THENCE South along the East R.O.W. line of Paris Avenue. a distance of 160.68 feet to a point, said point being the intersection of the East R.O.W. line of Paris Avenue and the North R.O.W. line of Second Street; THENCE West along Paris Avenue a distance of 50.6 to the POINT OF BEGINNING. Containing 7,628.73 square fee# of.land or .17513 acres. 3. That the City of Lubbock close and abandon all of its right, title and Interest in and to that part of North -South alley being more particularly described as follows, to -Vitt A tract of land out of Blk. 33 of the Easley Subdivision, of Blkg.33 and 34 of the Roberts and McWhorter Addition to the City of Lubbock, Lubbock County, Texas, and more particularly described as followst BEGINNING at a point which is 130.0 feet East of the Southwest Corner of the said Blk. 33 of the Easley Subdivision, said point being the Southeast Corner of Lot 16, Blk. 33 of the Easley Subdivision; THENCE North a distance of 77.44 feet, more or less, to a point, said point being in the Southwest right-of-way line of the Santa Fe Railway; THENCE South 56058* East with the said railway right-of-way, a distance of 11.93 feet, more or less, to a point, said point being in the West line of Let 1140 Blk. 33 of the said. Easley Subdivision; THENCE South a distance of 70.94 feet, more or less, to a point, said point being the Southwest Corner of Lot 15, Blk. 33 of the Easley Subdivision; THENCE West a distance of 10.0 feet to the POINT OF BEGINNING. Containing 0.017 acres of land (741.9 sq. ft.), more or less. 4. On the further condition that the City of Lubbock execute and deliver to the undersigned a quit claim deed conveying all of the city's right, title and interest in and to the lands described in conditions number 2 and 3. I agree to deliver to the City of Lubbock a complete Abstract of Title of land first above described showing merchantabb title in the undersigned (such Abstract being for examination only and to be returned to me after being examined) and upon acceptance of title by the City and the performance of the conditions set out above, which shall be the consideration for the conveyance of my property to the City, I will execute and deliver to the City a conveyance by general warranty deed, the property covered in said abstract and I will also deliver a quit claim deed conveying all nay right, title and interest in and to the third tract of land hereinabove described. I also further agree and hereby stipulate that I will forthwith for the same con- sideration, remoras all fences, buildings, structures and other obstructions as may be found upon said property which is to be conveyed to the City by warranty deed and by quit claim deed, and such same consideration is to include all damages sustained and/or to be sustained by me the undersigned, my heirs and assigns and all other persons having interest in the above described tracts of land proposed to be conveyed to the City, by reason of the establishment and construction of a public street or highway on and across said lands. This proposal is submitted and subject to due acceptance by the governing body of the City of Lubbock. WITNESS MY HAND this let day of December, 1954, /s/ Elliott Taylor ELLIOTT TAYLOR ACCEPTED by the governing body of the CITY OF LUBBOCK, this 9th day of December, 1954. /a/ Murrell R. Tripp ATTEST: MURRELL R. T RIFF, Mayor /a/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer 54-13-331-560 Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, the following resolution was passed: RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER TO ELLIOTT TAYLOR A QUIT CLAIM DEED ON BEHALF OF THE CITY OF LUBBOCK TO THAT PORTION OF PARIS AVENUE LYING NORTH OF THE NORTH PROPERTY LINE OF SECOND STREET AND SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF THE PANHANDLE SANTA FE RAILWAY CO. AND THAT PORTION OF THE NORTH -SOUTH ALLEY BETWEEN PARIS AVENUE AND NORTH AVENUE P AND NORTH OF THE PROPERTY LINE OF SECOND STREET AND SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF THE PANHANDLE SMA FE RAILWAY CO. WHEREAS, that part and portion of the public street and alley described in the body of this resolution is not now being used and will not in the future be needed for any public purpose; and, WHEREAS, the City Commission of the City of Lubbock finds it will be to the public interest to quit claim its interest to Elliott Taylor; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCKt SECTICH 1. That the Mayor is hereby authorized and directed to execute on behalf of the City of Lubbock to lklliott Taylor a quit claim deed to the following described tract of land: That part of Paris Avenue lying North of the North property line of Second Street and South of the South right-of-way line of the Panhandle Santa Fe Railway Co. and that part'of the North -South alley between Paris Avenue and Avenue P lying North of the North property line of Second Street and South of the South right-of-way line of the Panhandle Santa Fe Railway.Co. SECTION 2. That the City Secretary shall attest such quit claim deed and affix the seal of the City of Lubbock thereto, and in consideration of the execution and delivering to the Grantee of the property, the Grantee shall pay the City of Lubbock the sum of ONE AND N0/100 ($1.00) DOLLAR. On motion of Commissioner Forrest, seconded by Commissioner Baker, the foregoing resolution was passed on this 9th day of December, 1954, by the following vote: Commissioners voting "YEA"t Baker, Carpenter, Forrest and Mayor Tripp Commissioners voting "NAY"t None /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST. /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer FOS:kw QUIT CLAIM DEED -iginal Deed aturned to STATE OF TEXAS )hn Scott - KNOW ALL MaT BY THESE PRESENTS: :g r. Dept • COUNTY OF LUBBOCK '.-24-54 THAT the CITY OF LUBBOCK, a Home Rule Municipal Corporation, acting by and through its duly elected Mayor, Murrell R. Tripp, hereunto authorized by resolution by the City Commission of the City of Lubbock, as evidenced by a certified copy of such resolution hereto attached marked, "Exhibit A" and made a part hereof, for and id consideration of the sum of ONE AND N01100 ($1.00) DOLLAR and other good and valuable consideration to it in hand paid by ELLIOTT TAYLOR of the County of Lubbock, State of Texas, the receipt of which is hereby acknowledged, does, by these presents, BARGAIN, SELF, REIEASE, AND FOREVER QUIT CLAIM unto the said ELLIOTT TAYLOR, his heirs and assigns, all right, title and interest in and to that certain tract or parcel of land lying in the County of Lubbock, State of Texas, described as follows, to wit: TRACT lr That part of Paris Avenue lying North of the North Property line of Second Street and South of the South right -of -gray line of the Panhandle Santa Fe Railway Co. TRACT 2t That part of the North -South alley between Paris Avenue and Avenue P, lying North of the North property line of Second Street and South of the South right-of-way line of the Panhandle Santa Fe Railway, TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said ELLIOTT TAYLOR., his heirs and assigns forever, so that neither it, the said CITY OF LUBBOCK, a Home Rule Municipal Corporation, nor its successors nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. IN WITNESS WHEREOF, the CITY OF LUBBOCK has caused its corporate dame io be here- unto subsdribed by its Mayor, MURRELL R. TRIPP, and its duly attested corporate seal to be hereunto affixed by its Secretary, all in the City of Lubbock, Texas, this 9th day of December, 1954, CPTY.OF LMMOCK BYt /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: /a/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer STATE OF TEXAS COUNTY OF LUBBOCK BEFORE MC, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared MURRELL R. TRIPP, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 9th day of December, 1954. /s/ J. A. Maynard (SEAL) Notary Public, Lubbock County 54-13-333-561 Motion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, the following resolution was passed: . RESOLUTION 9 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER TO B. J. KERI Y, JR. AND R. B. KERLEY.. A WARRANTY DEED ON BEHALF OF THE CITY OF LUBBOCK TO PORTION OF TRACT OF LAND OUT OF BLOCK 63 OF THE ROBERTS AND MCWHORTER ADDITION TO THE CITY OF LUBBOCK AND A PORTION CF THE LAND ACQUIRED FROM S. E. MCMILLAN, MORE PARTICULARLY DESCRIBED IN THE 8K• 1�/��. l�,L_ BODY OF THIS RESOLUTION. T WHEREAS, the tract of land more particularly described in the body of this resolu- tion is of no use or benefit to the City of Lubbock insofar as right -of -fray purposes for which it was acquired is concerned, and is not now being used and will not in the future be needed for any public purpose; and, WHEREAS, the City Commission of the City of Lubbock finds that it will be to the public interest to convey said lands to B. J. Kerley, Jr. and R. B. Kerley, who are the owners of the land adjacent to such tract of land; NOW, TMMFQRE, BE IT RESOLVED BY THE CITY CC*aSSION OF THE CITY OF LUBBOCKt SECTION 1. That the Mayor is hereby authorized and directed to .execute on behalf of the City of Lubbock to B. J. Kerley, Jr. and R. B. Kerley, a warranty deed conveying the following described tract of land: BEGINNING at the Northeast corner of Block 64, Roberts wid. McWhorter Addition to the City of Lubbock, Lubbock County, Texas; THENCE East a distance of 13.6 feet to a point; THENCE South a distance of 38.88 feet to a point; THENCE Southwesterly (South 8021t West) a distance of 94.95 feet to a point in the East line of said Block 64; THENCE North along the East line of said Block 64 a distance of 132.86 feet to the POINT OF BEGINNINGS SECTION 2. That the City Secretary shall attest such warranty deed, affixing the seal of the City of Lubbock thereto, and in consideration of the execution and delivering of warranty deed, Grantee shall pay the City of Lubbock the sum of $10.00. On motion of Commissioner Carpenter, seconded by Commissioner Baker, the foregoing resolution was passed on this 9th day -of December, 1954, by the following vote: Commissioners voting "YEA": Baker, Carpenter, Forrest and Mayor Tripp Commissioners voting "NAY": None /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer FOS rkw WARRANTY DEED Original Deed STATE OF TEXAS I returned to I KNOW ALL MELD BY THESE PRESENTS: John Scott - COUNTY OF LUBBOCK ROW Dept. 12-14-54 /� THAT the CITY OF LUBBOCK, a Home Rule Municipal Corporation, acting herein by and Lj l� through MURRELL R. TRIPP, its duly elected and constituted Mayor hereunto duly authorized • to execute this instrument as the act and deed of said CITY OF LUBBOCK of the County of Lubbock, State of Texas, for and in consideration of the sum of TEN AND NO/lOO ($10.00) DOLLARS, and other good and valuable consideration to it in hand paid by B. J. Kerley, Jr. and R. B. Kerley, has C,RANTED, SOLD and CONVEYED and by these presents does GRANT, SELL and CONVEY unto the said B. J. KERIEY, JR., and R. B. KERIEY, County of El Paso, State of Texas, all that certain tract of land located and situated in Block 64 of the Roberts and McWhorter Addition to the City of Lubbock, Lubbock Oaunty, Texas, more particularly described by metes and bounds as follower BEGINNING at the Northeast corner of Block 64, Roberts and McWhorter Addition to the City of Lubbock, Lubbock County, Texas; THENCE East a distance of 13.6 feet to a point; THENCE South a distance of 38.88 feet to a point; THENCE Southwesterly (South 8021" West) a distance of 94.95 feet to a point in the East line of said Block 64; THENCE North along the East line of said Block 64 a -distance of 132.86 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the above described premises, together with all and singular I' the rights and appurtenances thereto in anywise belonging canto the said B. J. KERLEY, JR., and R. B. KERLEY, their heirs and assigns, and the CITY OF LUBBOCK, a Municipal Corpora- !(j tion, does hereby bind itself, its successors and assigns, to Warrant and Forever Defend 1 all and singular the said premises unto the said B. J. KERIEY, JR. , AND R. B. KERLEY, their heirs and assigns, against any person whomsoever lawfull claiming, or to claim the same or any part thereof. WITNESS the hand of the CITY OF LUBBOCK, acting/baKd through its Mayor heretofore duly authorised on this the 9th day of December, 1954. CITY OF LUBBOCK BYr /a/ Murrell. R. Tripp MUMMI R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer STATE OF TEXAS COUNTY OF LUBBOCK EMRE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared MURRELL R. TRIPP, known to me to be the person whose name is subscribed to the foregoing inst rat, and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as 1K YOR, FOR the purposes and consideration therein expressed and in the capacity therein stated. (SEAL) GIVEN UNDM MY HAND AND SEAL OF OFFICE, this 9th day of December, A.D., 1954. /s/ J. A. Maynard Notary Public, Lubbock County, Texas 54-i3-334-562 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, the following resolution was passed-. RESOLUTION WHEREAS, the LUBBOCK CIVIL SERVICE CCwaSSI6N has finally adopted Revised Civil Service Rules in accordance with the procedure required and has submitted such Rules to the City Commission for its consideration, THEREFCRE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF .LUBBOCK, TE%ASr SECTION 1. That the Revised Civil Service Rules finally approved by the Lubbock Civil Service Commission on the gth day of December, 1954, BE and the same are hereby approved. SECTION 2. That said Rules as herein approved are directed to be copied in full in the Minute Book by the City Secretary -Treasurer. on motion of Commissioner Carpenter, seconded by Commissioner Forrest, the foregoing resolution was passed on this the 9th day of December, 1954, by the following voter Commissioners voting "YEA"r Baker, Carpenter, Forrest and -Mayor Tripp Commissioners voting "NAY": Pion /s/ Murrell R. Tripp MURREEL R. TRIPP, Mayor ATTEST-. /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer CAM/EFE J CODE TITLE ELEVEN -A (11-A ) CIVIL SERVICE RULES GOVEITING CLASSF IED EMPLOYEES IN THE FIRE AND POLICE DEPARTMENTS OF THE CITY OF LUBBOCK ADOPTED BY THE CITY OF LUBBOCK CIVIL SERVICE COMMISSION DECEMBER 8, 1954 Warlic3k Carr, Chairman 0. B. Ratliff, Commissioner Preston E. Smith, Commissioner B. H. Meskimen, Director APPROVED BY THE GOVERNING BODY OF THE CITY OF LUBBOCK DECEWER 9, 1954 RULE I - AUTHORITY AND SCOPE Section 1. These rules have been formulated, and are published and promulgated, in accordance with the requiremehts, provisions and authority contained in Article 1269m, Revised Civil Statutes of Texas (Fire and Police Civil Service Law), amended. The provisions of the above statute were adopted and made applicable to the Fire and Police Departments of the City of Lubbock by means of an election held on December 2, 1947. In farther compliance with the provisions of the Civil Service Law, and in order to implement and facilitate the application and operation of same, the Lubbock City Commissions, on the dates indicated, enacted the following measures: February 26, 1948: Passed Ordinance No. 862 (Firemen's and Policemen's Civil Service Ordinance), creating the Civil Service Commission, defining the powers and duties thereof, and related matters. January 13, 1949t Passed Ordinance No. 894, (Classification Ordinance), establishing specifications covering the duties, responsibilities and special requirements of each classified position in the Fire and Police Depart- ments, September 9, 1948: Approved "Firemen's and Policemen's Civil Service Rules for the CLty of Lubbock", as formulated and adopted by the Civil Service Commissions providing for the application and administration of the pro- visions of the Civil Service Law to the operations and personnel of the Fire and Police Departments. The rules hereinafter set forth represent a revision of the original Civil Service Rules (1948 Edition) and have been adopted by the Civil Service Commission, and approved by the Lubbock City Commission, and otherwise promulgated in accordance with the provisions of Section 23 of the Civil Service Law. RULE II - DEFINITIONS ' 'J Section 2. Additional Credits: Conditioned upon a basic grade of not less than the required minimum for any examination, this term refers to extra points allowable for military service in the case of entrance examinations and for seniority and efficiency in the case of promotional examinations. Section 3. Application: A prescribed form to be completed and filed with the Director by personas seeking employment in beginning or promotional level positions, setting forth certain personal, physical, educational and experience data and qualifications, and which, together with a special physical and/or written examination, if required, shall constitute the basis of employment or promotion of such persons. Section 4. Appointments: The formal designation by the Chief Executive of a person to fill a position under a particular classification. Section 5. Basic Grade: The grade earned by a competitor in any entrance or promotional examination, after any required weight adjustments for various parts of the examination have been computed, and exclusive of any "Additional Credits" as above defined. Section 6. Certification: The act of the Director in supplying to the Chief Executive and/or the Department Head the names of persons who are eligible for appointment to the class and positions for which certification is requested. Section 7. Chief Executivet Officer of the city who is vested with authority to make appointments as above defined. Section S. Civil Service Lawt Article 1269m, Revised Civil Statutes of Texas, as amended. Section 9. Civil Service Ordinancet Ordinance No. 862, passed February 26, 1948, establishing the Civil Service system in the Fire and Police Depart- ment s. Section 10, Civil Service Rulest The rules herein set forth, as adopted and promulgated by the Civil Service Commission, approved by the City Commission, and designed to generally regulate the conduct and safeguard the rights of classified employees in the Fire and Police Departments. Section 11, Classt A category of one or more positions involving similar duties, responsibilities and qualification requirements and standards, and designated by a class title which is descriptive of the general nature of work involved. Section 12. Classification Plan: The product or result of Classification Ordinance No. 894 and embracing the following steps or operations: (a) The allocation of one or more positions into groups or classes involving approximately equal duties, skills and responsibilities. (b) Assignment to various groups of positions of titles designed to describe and Identify same. (c) Formulation of specifications for each class of positions, de- scribing the nature and relative responsibility of the duties to be performed, with illustrative examples of such duties; also educational, technical knowledge and experience standards necessary or desirable on the part of candidates seeking appointment to positions in the class. Section 13, Classified Service: Includes members of the Fire and Police Departments as defined under "Firemen" and "Policemen" below, excluding the positions of chief or head of the respective departments. Section 14, Commission: The Firemen's and Policemen's Civil Service Commission of the City of Lubbock, created and constituted in accordance with the provisions of the Civil Service Law and the Civil Service Ordinance of the City of Lubbock. Section 15. Demotion: The transfer of an employee from a position in one class to a Position in another class involving a lower base rate of pay unless such reduction is incident to a general reduction of salaries for a particular classifications. Section 16, Department Heads The chief or head of either the Fire or Police Department, Section 17. Director: The director of the Firements and Policemen's Civil Service System, appointed by the Commission, who also serves as secretary of the Obmmi.ssion, and whose general duties are defined under Section 6 of the Civil Service Law, Section 18. Efficiency and/or Performance Reportsr Periodic reports, prepared in accordance with Civil Service Law and these rules, and with special rules promulgated by the Commission, and designed to reflect and measure the aptitude and ability of classified employees, and to constitute the basis of certain additional credits (see Section 2 of these rules) on promitional examinations. Section 19. Eligible: A person whose name appears on a current eligible list for one or more classified positions, and who is entitled to be certified to fill vacancies in such positions. Section 20. Eligible List: A list containing the names of persons who have satis- factorily passed a competitive examination for a classified position, ranked in the order of the final grade earned on the examination. Section 21. Employeeer A generic term used in referring to firemen and policemen as herein defined. Section 22, Examinationr A special test, consisting of one or more parts or sections, devised by or under the supervision of the Director and approved by the Commission, and designed to determine and measure the mental aptitude and physical fitness of an applicant for initial employment in or promotion to a classified position in the Fire or Police Department. Section 23. Final Grade: The basic grade, as herein defined, earned by a competitor in any entrance or promotional examination, plus any applicable additional credits. Section 24. Firemen: • Any member of the Fire Department who draws compensation for his service as a member of said Department for such activities commonly know and under- stood to come within the duties of such occupation. Section 25. Minimum Passing Grade: A required minimum raw or actual grade, established and approved by the Commission, t•o be earned by a competitor on all or any part of an examination, before weight adjustments or the inclusion of additional credits, in order to qualify for subsequent parts of the examination or for placemerit on an elgible list. (See also Basic and Final Grades in this rule.) Section 26. Policemen: Any member of the Police Departmentwho drams compensation for his service as a member of said Department for such activities commonly known and understood to come within the duties of such occupation. , Section 27. Position: A group of current duties and responsibilities, established by competent authority, and requiring the services of an employee to perform. Section 28. • Promotion: A transfer from a lower to a higher classification, involving a change in duties and an increase in responsibilities for which a promotional examination is required. Promotion shall always mean an increase in pay. Section 29, Public Hearingr An opportunity given after public notice of at least ten 10 days, for any classified employee to appeal,and be heard at reasonable length on any matter or question at issue. Section 30. Reinstatement List A list by department s and class, arranged in the order provided by these rules, of classified employees whose employment has been terminated in accordance with these rules, and who are eligible for reappointment to fill future vacancies in such classee and positions. Section 31.. Vacancy: A duly constituted and current position, in which no person is employeed, and for the filling of which a valid requisition has been received by the Director. Section 32. Veteran: A person who has been honorably discharged from any branch of the Armed Forces of the United States (not including the Merchant Marines). RULU III - ORGANIZATION OF COM[ISSION J Section 33. Commission: The Civil Service Commission shall consist of three members, appointed for three 3 year overlapping terms by the Chief Executive of the city and confirmed by the governing body, and otherwise in accordance with the provisions of Section 3 of the Firemen's and Policemen's Civil Service Law, as amended. Section 34. Officers: The Commission shall, annually, in the month of January, proceed to the election of a Chairman and Vice -Chairman. The Vice -Chairman shall serve as Chairman in the absence or incapacity of the Chairman. Two (2) members of the Com- mission shall constitute a quorim to do business. Section 35, Office Space: The governing body of the city shall provide adequate and suitable office space for the conduct of the business of the Commission. Section 36. Regular Meetings: The Commission shall meet regularly once each month in space provided at the City Hall; the date and time of such meeting to be set by the Commission. Section 37, Special Meetings: Special meetings may be called by the Secretary of the " Commission at the request of the Chairman or at the written request of any two COEMissionera,. Section 38. Open Meetings: Both the regular and special meetings of the Commission shall be open to the public and to representatives of the press. The Mrector shall furnish to all interested persons the date, time, and place of each meeting. Section 39. Notice of Meetings: Notice of all meetings of the Commission or its Committee of the Whole shall be given by the Secretary to the members of the Commission at least 24 hours in advance of time set for such meeting. Section 40. Rules of Procedure: The Commission may, by majority vote, make rules of procedure from time to time for the administration of the rules contained herein. The Commission shall also have authority to promulgate rules and regulations governing the conduct of hearings. Section 41. Order of Business: In all matters of procedure not controlled by the provisions of the Civil Service Ordinance and these rules, the order of business and conduct of meeting shall be in conformity with Robertts Rules of Order. Section 42. Committees of the Whole: The Commission may meet as a Committee of the Whole at which no official action can be taken other than to report its recommendations, if any, to the Commission at the next regular or special meeting of the Commission when such matters may be duly acted upon. Only duly appointed members of the Commission and such other persons, as the Commission may by majority vote invite to be present, may attend a meeting of the Committee of the Whole. Section 43. Minutes: The minutes of the Commission shall record the following matters: (a) All appointments. (b) Temporary proftbtions and assignments of employees to work other than that embraced by their classification. (a) Appeals from dismissal, demotion or suspension with the action of the Commission thereon. (d) All leaves of absence. (e) Reinstatements. (f) Placement on and removal of names/eligi.ble lists. (g) Reclassification or reallocation of individual employees. (h) Changes in the classification plan. (i) Approval of and changes in examination schedules. (j) Subject matter and weights of examinations.. (k) Appointment of special examiners. (1) All rules and regulations and amendments thereto adopted by the Commission. (m) All other action or reports directed to be recorded by the Commission. Section 44, Official Simnaturest The minutes of the Commission shall be signed by the Chairman, or in his absence or incapacity, the Vice -Chairman together with the Secretary of the Commission. Section l5. Roster: A card file or similar record, to be known as the Official Roster shall be kept in the office of the Commission which shall contain the name of every person employed or performing duties in the classified service. This file shall show respecting every employee the following facts: the name and address of the employee, the title of the office or employment, the date and character of each appointment and every subsequent change in status, all change s in compensation, and such other information as the Commission may direct shall be placed on such record. Section 46: Recordst (a) All proceedings of the Commission, the classification and compensation plans, and the roster of employees in the classified service and all persons eligible for appointment to such service shall be public records, and, subject to reasonable regulation, be open to public inspection. (b) Applications, examinations, recommendations from former employers, reports from heads of departments concerning employees and such other letters and papers as in the opinion of the Commission shall be confindential, shall be kept on file for the use of the Commission, but shall not be open for public inspection. Section 47r Investigations and Reports by Commission.- The Commission may make Investigations concerning, and report upon all matters touching the enforcement and effect of the provisions of the Civil Service Law, and.the rules and regulations prescribed thereunder; shall inspect all institutions, departments, offices, places, positions, and employments affected by these rules at least once every year; and shall ascertain whether the Civil Service Law and all such rules and regulations are being obeyed. Such investigations may be made by the Commission or by any Commissioner designated by the Commission for that purpose. In the oeurse of such investigation, the Commission or designated Gommissioner shall have the power to administer oaths, subpoena and require the attendance of witnesses and the producing by them of books, papers, documents, and accounts pertaining to the investigation, and also to cause the disposition of witnesses residing within or without the State to be taken in the manner prescribed by law for like dispositions in civil actions in the court of original and unlimited jurisdiction in civil suits of the United States; and the oaths administered hereunder shall have the same force and effect as the oaths administered by a Magistrate in.his jurisdictional capacity; and the failure upon the part of any person so subpoenaed to comply with the provisions of this section, shall be deemed a violation of the Civil Service Law, and punishable,as such. RULE TV - GENERAL PROVISIONS Section 48. Oathr finery person hereafter employed in the classified service of the City of Lubbock shall, before he becomes eligible to enter upon the discharge of his duties, take and file an oath or affirmation in the form and language prescribed by the constitution for executive, legislative and judicial officers, which may be ad:inistered by any officer authorized to take, within the state, the acknowledgment of the execution of a deed for real property, or by any officer in whose office the oath is required to be filed. The oath of every such employee shall be filed with the City Secretary, and shall also state that the applicant does not now subscribed to Communistio ideals or is not and has never been a member or supporter of a Communistic Party. Seetion_49. Using Official Authority.- No person shall dismiss, or cause to be dismissed or threaten tq dismiss, or make any attempt to procure the dismissal of, or in any manner change the official rank or compensation of any person in the classified service, because of his giving or refusing to give any contribution, money, or thing of value to any party or person for any political purpose. Section 50. Non -Discrimination.- No Aiscrimination shall be practiced, threatened, or promised against or in favor of any applicant, competitor, or eligible because of his political opinions, affiliations or religious beliefs, unless such political opinions or affiliations promote the overthrow of the United States Government .by violence or for ce. Section 51. No Political Recommendations; No recommendations for any applicant, competitor, or eligible involving the disclosure of his political opinions or affilia- tions shall be received, filed or considered by the Commission or the Chief Executive. Section 52, Similar Penalties for Similar Offenses. Wnalties or discriplinary measures incident to violations of these rules or the Civil Service Law shall be imposed impartially and without personalprejudice, and penAlties similar in nature shall be assessed for similar offenses or violations. Section 53, Waiving Righter No public officer nor any administrative/22f3njPor a public officer shall be permitted to require an employee or candidate for employment to sign any document whereby such employee or candidate for employment waives any right or rights accruing to him under the Civil Service Law or these rules. Section 54. Cooperation of Municipal Officers: All municipal employees shall afford the Commission all reasonable facilities in conducting the inquiries specified in these rules and the Civil Service Ordinance and shall permit inspection by the Commission of all books, papers, and documents belonging or in any way appertaining to their respective offices, and shall also produce said books and papers, and shallattend and testify when required to do so by the Commission. Section 55, Officers to Abide by Provisions of Rules:, It shall be the duty of all officers of the city to conform to and comply with and to aid in proper ways in putting into effect the provisions of these rules and any modification thereof. No officer or officers having the power of appointment shall select or appoint any person for employ- ment,, promotion or reinstatement except in accordance with these rules. Section 56. Political Activitiest (a) Employees in the Fire or Police Departments shall not be permitted to take an active part in any political campdgn of another for an elective position of the city. The term active part means mating political speeches, passing out cards, or other political literature, writing letters, signing petitions, actively and openly solicit- ing votes and making public derogatory remarks about candidates for such elective positions. Provided, however, that no Civil Service Commission or governing body of any city shall further restrict the rights of employees of the Fire and Police Depart- ments to engage in political activities except as herein expressly provided . (b) Firemen and Policemen coming under the provisions of these rules are not re- quired to contribute to any political fund or render any political service to any person or party whatsoever; and no person shall be removed, reduced in classification or salary, or otherwise prejudiced by refusing to do so; and kny official of any city coming under the provisions of the provisions of the Civil Service Law who attempts the same shall be guilty of violating the Civil Service Law. RUIZ 9 - APPLICATIONS FOR ENTRANCE EXAMINATION Section 57. Filing Applicationsr (a) Any person shall be considered as a candidate to fill a vacancy in the classified service who has filed an application therefor with the Director in the manner specified in these rules and upon the form furnished by said Director; and whose application has not •been rejected by the Director for cause in accordance with the provisions of these rules. (b) The applicant shall be required to complete the application in his own handwriting or on a typewriter, and certify to the correctness of the information contained therein. (a) Applicants for positions in the classified service need not reside within the City of Lubbock at the time of application. However, upon being appointed to a position, employees will be required to immediately furnish satisfactory means through which thgy may be contacted when off duty, and to establish permanent residence within the corporate limits of the City of Lubbock within thirty (30) days after appointment. The Commission may grant additional time to the employee upon written request. Section 58. Content of Application: All applications -shall state: (a) Position applied for. (b) Applicant's full name and address. (c) His residence at the time of making application. (d) His residence for the previous five years. (e) His citizenship. (f) His age, giving date of birth# (g) His health and physical capacity for the public service. (h) His business experience or employment and education which fit him face the position. (i) His record ofmilitary or naval service of the United States, if any, the name of the organization or vessel to which attached, date of discharge From the service and any physical disability incurred in such service. (j) Such other information as the Commission may reasonably require con- ceraingihe applicantfs merit and fitness ibr the public service. Section 59. Character and Fitnesst Applicants must furnish evidence of good moral character, temperate habits, sound health, and physical ability to perform the duties of the position applied for. Such matters shall be subject to verification by means of physical examination., oral interview er other forms of investigation as shall be deemed necessary or advisable by the Commission and/or department head. Section 60. Preparation of Application Ferms: The Director shall develop and prepare application forms for the position and distribute them without charge on request of persons wishing to make application. The Director shall receive applications filed not later than fLve (5) days preceding the date set for the examination. It shall be the duty of the Director, after examining the applications, -to notify each applicant of the action taken on his application and to instruct the applicants meeting minimum require- ments to appear for examination. Section 61. Disqualifications: The Commission shall refuse to examine an applicant, or after examination to certify as eligible and shall remove his name from the eligible list for any of the following reasons: (a) The applicant is found to lack any of the preliminary requirements in the classification for the position and grade for which he applies. (b) He has been convicted of a felony or a misdemeanor involving moral turpitude. (c) He is addicted to the habitual use of intoxicating beverages to excess. (d) He has been dismissed from public service for delinquency or misconduct. (e) He is found by the Commission to have c ommitt ed any act, either while in the service of the city or otherwise, or to have any deficiency or disqualification, which in the judgment of the Ccmmission, would be sufficient to constitute a just cause for discharge from the city service. (f) He is found to have knowingly made a false statement in his application for admission to any examination. (g) He is found to have knowingly permitted a false statement to be made in any certificate which may accompany his application. (h) He is physically or mentally unfit for the performance of his duties or the position to which he seeks appointment. (i) He has any of the following defects; Insanity, tuberculosis, paralysis, epilepsy, blindness, total deafness, loss of speech, loes of both arms, or both legs, loss of an arm or leg, badly crippled arm or leg, heart disease, locomot orata,xig, cancer, Bright►s disease, syphillis, diabetes. (j) He is found tolack the qualifications requisite for the position for which he applied . . Section 62, Fraudulent Statements in Application: Any false statement knowingly made by any applicant in his application for admission to any examination, or made at his request or with his knowledge, in any inst riament which may accompany his application, or any other fraudulent practice, shall be regarded as good cause for excluding him from such examination or for removing his name from any register or eligible list, or for removing him permanently from any position to which he may have been appointed. Section 63, Rejected Applicationsx ,Whenever an application is rejected, notice of such rejection shall be mailed promptly to the applicant by the Director. If, within twenty-four (24) hours after receipt of notice of rejection, such applicant shall appeal the rejection of his application to the Commission in writing, the Commission shall make a written ruling on his appeal. If the Commission finds the applicant was incorrectly rejected, the applicant shall be admitted to the examination in question. If the rejection is in order, such gpplicatimn shall not be received. In every case, the rul- ing of the Commission shall be final. Section 64. Voided Applications: Applications of persons who fail to appear and compete in an examination shall be considered as void and may be disposed of by the Director. Section 65, No Standing Applications: Applications will not be accepted except for positions for which examinations have been announced. Section 66, Applications Not Returned: Applications not returned for correction will remain on file in the office of the Commission, and under no circumstances will be returned to the applicant. RULE VI - EXAMINATIONS Section 67. Examinations to Create Eligible List: The Commission shall proceed to hold examinations to create eligible hats within ninety (90) days after a vacancy in any classification occurs, or new positions are created, unless an eligible list is in existence. In the event any new classification is established either by name or by increase of salary, the same shall be filled by competitive examination held in accord- ance with the Civil Service Law and these rules. Section 68. Notice of Examination: Whenever g, vacancy occurs in the classified service, for which there is no eligible list and to which the Chief Executive intends to make an appointment, the Commission shall cause to be posted at least ten (10) days prior to the date of examination, an official notice inviting the filing of applications to enter and compete therein. Section 69. Posting of Notice. Notice of the examination shall be posted by the Commission on a bulletin board in the main loUV of the City Hall, and in the office of the Commission and in plain view. In cases of examination for promotions., copies of such notice shall be furnished in quantities sufficient for posting in the various stations or sub-d6pArtments in which the position is to be filed. i! � Section 70. Contents of Notice: Notice of the examination will contain: (a) Title of position to be filled. (b) Current pay scale 1br the position to be filled. (c) Date, time and place of examination. (d) Closing date for filing applications. (e) Limitations as to age and other minim m qualifications. (f) Any special physical or medical requirements, and any special qualifications as to training and experience. (g) Method of and place for seouring application forms and time limit of accepting applications. Section 71. Publishing of Notice: News of the pending examination may be released to the press by the Director. Section 72. Postponement or Cancellation of Examination. - (a) The Commission, may because of the small number of applicants for any position or because of any other good and sufficient reason, postpone an examination to a later date. (b) Any examination may be cancelled by the Commission should its holding become unnecessary because of a change in the personnel requirements of the classified service. Section 73. Commission May Publish Pamphlet: The Commission may publish a pamphlet containing papers to illustrate to candidates the method of examination, and containing such other information as in the opinion of the Commission will be useful to candidates in making applications and preparing for competition. - Section 74. Character of Examinations: All examinations shall be of such nature that they will fairly test the relative capacity and fitness of the persons examined to discharge the duties of the particular position to which they seek appointment, as provided in Section 9 of the Civil Service Law. Section 75. Content of Examination: Examinations for entrance into the service shall consist of one or more of the following parts as considered appropriate for the various classifications of positions. (a) Written test. This part when required shall include subject matter designed to test the ability of the applicants to perform the work required or their ability to learn to perform the work requiredy or both. All policemen and Yiremen must be able to intelligently read and write the English language. A formal essay upon one or more subject may be required if advisable. (b) Oral Interview. •This part when required shall include a personal interview with applicants by the department head or a committee appointed by him and approved by the Commission to determine the applicant's ability to deal with orders, to meet the public, or other personal qualifications. (c) Performance Tests. This part when required shall include such tests of performance ars will determine the ability and skill of applicants to perform the work involved. (d) Physical and Health Tests. This part shall be required and shall consist of furnishing information by the applicant regarding his health and physical condition. It shall also consist of an examination of the applicant by the City Health Officer, or a physician satisfactory to the Commission, and paid by the city. The results of the examination shall be reported -on an approved form. In the event of rejection by such physician, the applicant may call for further examination by a board of three (3) physicians appointed by the Commission but at the expense of the applicant and whose find- ings shall be final. These tests shall be used in excluding from further examination or from certification applicants who fail to meet minimum health and physical standards. (e) Training and Experience. This part shall be required and shall consist of questions on education and experience contained in the application form, and of such supplementary data as may be furnished for certification and proof of statements made in the application$. • Section 76. Conduct of Examinations: (a) The actual conduct of each examinatioan shall be under the direction of the Commission, or its designated examiners, free from the presence, participation or in- fluence of any person other than the examiners or experts employed by the Caaamission. (b) The identity of examinees in all competitive written examinations shall be oondealed until grading is completed. The Director shall make the necessary provisions for such concealment. (c) An applicant in any examination who uses or attempts to use any unfair or deceitful means to pass such examination shall be informed by the examiner witnessing the act that the applicant's actions will be reported to the Commission with a recommenda- tion that he be excluded from further consideration. The examiner shall later malae the report to the Commission for its determination. (d) All examination questions and answer sheets shall be turned in to the examiner at the end of the examination period. Section 77. Letters of Recommendation: No letter of recommendation or endorserpnts unless requested by the Commission shall be considered in rating any competitor. Section 78. Abuses and Frauds: No person shall deceive or obstruct any person in respect to his right of examination under the provisions of these rules or falsely mark, grade, estimate, or report the examination or standing of any person examined hereunder, or aid in so doing or furnish to any person, except in answer to inquiries of the omnission, any special information for the purpose of either improving or injuring the rating of any such person for appointment. No applicant shall deceive the Commission for the purpose of improving his chances for appointment. Section 79. Passing Score; Weighting on a basis of one hundred per cent for perfec- tion, seventy 70 per cent shall be the mildwim actual grade for passing any test, and no person shall be eligible for appointment whose basic grade on the complete examination is less than seventy (70%) per cent. The Commission may in any examination specify, that an applicant, in_ order to be eligible for appointment, must earn an actual grade of at least seventy (70%) per cent or more on one or more parts, regardless of the specified basic grade of seventy (70%) per cent or,higher on the complete examination. Section 80, Veteran Preferences An applicant who is a veteran as defined under these rules shall receive five 5 percentage points in addition to his competitive grade, provided such competitive grade is passing, and further provided that the veteran has filed with the Commission an original, certified or photostatic copy of an honorable discharge or other acceptable record covering his latest period of service. Section 81. Correction of Error. - (a) On formal written appeal filed'by the competitor within five (5) days after date of notice of his standing, the Director may correct any manifest error or mistake of marking or rating in such paper or record, such correction in any case to*be without prejudice to the status of any person previously appointed as'a result of such examina- tion. Such appeal shall be considered as opening all of the competitors papers for review, whether resulting in aUgher or lower average standing. (b) This provision shall not be held to prevent the Director from correcting as obvious clerical error at any time during the life of an eligible list. Section 82. Examination Exhibited to Competitor: The individual papers and records of competitors in any examination shall be revealed or exhibited only to the competitor in person or his authorized representative, or to the department head to whom the competitor t s name is certified for appointment. RULE VII - ELIGIBLE LISTS Section 83, Preparation of Eligible Lists: Not more than four (4) weeks after the conclusion of an examination, the Director shall prepare the names of all candidates who have successfully passed same, listed in order from the highest passing final grade to the lowest passing final. grade. This list shall then become the eligible list for the position for which the examination was given and all appointments to said position shall be made from this list for a period of one (1) years, subject to the provisions of Section 89of these rules. Section 84, Identical Grades.. In the event two or 'more competitors in any examination shall make identical final grades (including basic grades plus additional credits for military service, seniority, or efficiency), the order of their rank or placement on the eligible list established by such examinations shall be determined on the basis of the date of receipt of their applications by the Director, or, in the case of promo- tional examinations, the date of receipt of notice of intention form relative to such examinations, the earliest date to be given prior rank or placement. Shouts applica- tions or notice of intention of two (2) or more competitors earning identical final grades also bear identical dates, then the order of eligible rank of such persons shall be determined on the basis of the basic grade (before additional credits) earned by such persons on the examination. Section 85, Notice of Placement on List: Each applicant will be notified of his final grade on any examination, together with his position or rank, if any, on the eligible list established by such examination. Such information will be mailed to the applicant by the Director as soon as practicable following the grading and evaluation of all records incident to a particular examinatioja. Section 86. Change of Address. Each person on an eligible list shall file with the Commission written notice of any change of address. Notices sent to a person's last known address shall be considered sufficient notification. Section 87. Removal from List; An applicant's name may be removed from a list of eligibles whenever he become dispossessed of any qualifications required of and possessed by him at the time his name was placed on the list. If a person's name appears on two or more lists, and he is appointed to a position in the service, his name shall be removed from the remaining lists on which it appears. Whenever a personts name is to be removed from an eligible list, he shall be notified seven (7) days prior to removal. Section 88. Expiration of Eligible Lists: Unless sooner exhausted by normal procedure, the eligible list for any classification shall expire and be destroyed after one year from date of establishment; and future vacancies in such classification shall be filled by means of a new examination meld in accordance with these rules. Section 89. Abolishment of Eligible List: The Commission may abolish an eligible list when there are three 3 or less names thereon and may order a new examination for the purpose of establishing a new eligible list for such classification. Any names of eligibles on the list to be abolished shall be transferred to the new eligible list with the previously earned final grade. However, such eligibles may elect to compete in the new examination, in which cases the final grade earned on the later examination shall determine the rank of such persons on the new eligible list. • Section 90. Notice of New Examinations Whenever an eligible list is cancelled or term- inated, each person whose name appeared on said list shall be notified of cancellation or termination. This notice shall contain notice of any new examination to be held for the classification covered by the previous eligible list. RULE VIII - CERTIFICATION AND APP03NTMM Section 91. Requisitiont Whenever a vacancy is to be filled in the classified service, the department head shall make requisition to the Director for certification of eligibles. Section 92. Certification from Reinstatement List: (a) Upon receipt of request for certification of eligible persons, the Director shall certify to the department head from the reinstatement list for the class of positions in question, one name for eadh vacancy to be filled. (b) The appointment will be of tb* person certified from the reinstatement list, provided, however, that the department head shall refuse to appoint any person certified from the reinstatement list if that person has become dispossessed of any qualifications required of and possessed by him at the time his name was placed on such list. Section 93. Certification of Eligibles-. If there is no reinstatement list relating to the classification in question, or if the persons on such list decline appointment, then the Director shall certify to the department, for each vacancy to be filled, the names, addresses, and grades of the three (3) highest ranking persons (if there be such a number) on the current eligible list for the classification in question. If two (2) or more vacancies are to be filled from an eligible list, then the names of two more eligibles than the stipulated number of vacancies shall be certified by the Director; provided that when the names of less than three (3) persons appear an the appropriate eligible list, and -subject to the provisions of Section 89, such names shall be certified for appointment unless objection to the persons is made by the department head and is sustained.by the Commission. Section 94. Notice to be Sent Certified Persons; (a) Persons receiving certification shall be notified by mail at their last known address. With this notice will be sent a written request that the certified person report to the department head within five (5) business days after the date of notice. (b) Failure to respond to a written notice of certification within the specified time limit shall be considered sufficient cause fcr removal of a persents name from the eligible list. Section 95. Certification of Person Next in Order on the Eligible List: Upon receipt of written notice from a department head that a certified person has failed to report or has declined appointment, or on receipt of written declination of appointment from an eligible, certification shall be made of the person whose name appears next in order on the eligible list. Section 96. Appointment: (a) From the names certified in accordance with the preceding sections, the department head shall select one (1) for each vacancy to be filled, and indicate such selection in the proper space on the requisition form. (b) Appointments shall be made of the person(s) with the highwest grade(s), except in cases where the department head shall have valid reasons for not appointing an eligible with a higher grade. In such cases the department head may appoint an eligible of lower rank. However, no appointment shall be made of an eligible person whose grade or rank is more than two (2) places lower than that of an eligible whom the department head rejects for appointment. (a) In all cases where the person(s) with the higher grade are not appointed, the department head shall immediately following the appointment of an eligible with a lower grade, file with the Commission a written statement giving valid and sufficient reasons forbuch action. A copy of this statement shall be furnished to the person(s) rejected or passed over, and upon written request of such person(s), such statement shall be subject to review and approval by the Commission. Section 97. Name of Person Declining Appointment to Bd Stricken from List:. -The name of any eligible declining appointment shall be stricken from.the eligible list unless the eligible shall decline for reason of temporary inability, physical or otherwise, to accept the appointment. The candidate shall state his reasons in writing and shall present these to the Commission who shall then decide the acceptability of such reasons. In all such cases, the decision of the Commission shall be final. Section 98. Certification Record: Whenever a person is certified and appointed in the classified service, the Director shall forward a record of the person so appointed to the department, forward a similar copy to the Chief Executive, and retain a copy in the Civil Service files. The record shall show: ,(a) The date notice of examination was posted. (b) The date on which appointee took examination to be placed on eligible list. (c) The name of person or persons conducting examination. (d) The relative position of appointee on eligible list. (e) The date when person certified took physical examination. (f) The name of physician making exainati©n, with information as to whether or not appointee was accepted or rejected. (g) The date on which request for filling such vacancy was made. (h) The date on which appointee was notified to report for duty. (i) The date on which pay is to start. The failure of the Director of Civil Service to comply with any of the provisions of this section shall in no way impair the Civil Service standing of any employee. RULE IX - PROBATION Section 99. Probation Period: All original appointments shall be for d8eri robmionary of six (6) months of actual service. No initial appointment shall be deemed as final until the appointee has satisfactorily served his probationary period. This provision dhall not apply to persons appointed from a reinstatement list. Any time served under a temporary appointment shall not be counted in computing the six months probationary period. Section 100. Dismissal During Probation: During such probation period, it shall be the duty of the department head to discharge all employees whose appointments were not made in compliance with the provisbne of the Civil Service Law and/or of the rules and regulations of the Commission, or is found incompetent or unqualified to perform the duties of the position tAinance. ibh he was appointed, and hence is employed in violation of the Civil Service Lax , Section 101. Report on Probationary Employee. - (a) Department heads will prepare and submit to the C©mmi.ssion, on approved forms, monthly performance reports on all probationary classified employees, the purpose of which reports will be to evaluate and reflect the aptitude, attitude, kaowledge, abilities and other pertinent information regarding each such employee. These reports will be prepared and signed by the immediate supervisor of each employee, and will be reviewed and co -signed by the department head, or other person authorized to do so. (b) In the event that an employee is permitted to serve the six (6) months probationary period, then such -employee shall automatically attain full-fledged status at the end of such period, with full Civil Service rights and privileges. RULE X PROMOTION Section 102. Vacancies to Be Filled by Promotional Examinations: All promotions in the classified service of this city shall be made on the basJA of promotional examinations. The department Mall notify the Commission of any vacancy in a position in his department to be filled by promotion, and thereupon the Director shall conduct a competitive promotional examination of those eligible to enter the examination under the provisions of these rules, and shall see that notice of examination is given in accordance with the provisions governing entrance examinations. Section 103. Promotion Based on Seniority, Efficiency and Examinations: Promotions shall be based on merit and competition and upon the superior qualifications of the person promoted as shown. by his previous service, knowledge and qualifications for the work, extra credits being allowed for seniority and efficiency as provided under these rules. A physical examination shall be required of all applicants for a promotional position. Section 104. Eligibility for Promotional Examinations: (a) All promotional examinations for positions in the classified service shall be open to employees who have held a position for two (2) or more years in the classification immediately below in salary of that classification for which such examination is to be held, except as follows- (1) Where it develops or is determined that there is not a sufficient number of eligible employees in the next lower classification, as above defined, to provide what the Commission considers to be an adequate number of competitors for such examination, the Commission may waive the two-year service requirement of other employees in said next lower classification; subject to the provisions of below. (2) If the action authorized under (1) above shall still fail to provide what the Commission considers to be an adequate number of competitors for a promotional examination, then the Commission may extend eligi- bility for same to include employees who have held positions for less than two (2) years in the second lower classification below that for which the promotional examination is to be held. (b) No person shall be eligible for prom Lion unless he has served in such department for at least two (2) years immediately preceding the date of such promotional examination in the next lower position on other positions specified by the Commission. (c) No person with less than four (4) years actual and respective service in the Fire or Police Departments shall be eligible for promotion to the rank of Captain in such Department. Section 105. Notice of Intention Formr Any classified employee who is eligible to compete in a promotional examination under the provisions of these rules, rMV enter and compete in such examination by means of filing with the Director, within the prescribed time limit, a „Notice of Intention" form relative to the examination in question. Section 106. Nature of Promotional Examinations. All applicants shall be given an identical examination in the presence of each other. The questions asked in any promotional examination shall be based upon the duties of the position sought and upon any study courses given by such Departmental Schools of Instruction and upon the applicants efficiency; and each applicant shall, at his request made in writing within five (5) days thereafter, have the opportunity to examine the same together with the grading thereof and if dissatisfied shall, within five (5) days, appeal the same to the Commission for hearing in accordance with the provisions of these rules and the Civil Service Law. Section 107. Efficiency Credits- Competitors in a promotional examination whose basic grade thereon is passing or above, will be entitled to additional efficiency credits as provided under Civil Service Law. Such credit shall be based on semi- annual efficiency reports of the competitor since date of employment, but not to exceed two years prior to the date of the examination, computed is accordance with the formula established by the Commission, and provided that such credit shall not exceed thirty (30) points on any examination. Section 108. Credit for Seniorityr (a) Each applicant shall be given one (1) point for each year of seniority in his department but never to exceed ten (10) points. Seniority shall not accumulate during the period of disciplinary suspension, or the period of an indMinite suspension unless the employee it reinstated and the suspension declared void. (b) Any employee in the classified service of the city who is so employed when he entered the Armed Forces of the United States during a national emergency, and who duly returned to such employment following his honorable discharge shall be entitled to receive seniority credit for the actual time he served in the armed service, such time to be determined according to his service or discharge papers. No seniority credit shall be given until the veteran claims such credit and has duly filed with the Director an original, certified or photostatic copy of an honorable discharge covering the period during which seniority is claimed hereunder. Section 109. Promotional Eligible List. - (a) Eligible lists established by promotional examinations shall include the names of all qualified competitors whose actual earned and basic grade is equal to or in excess of the minimum passing grade for such examinations, and with placement or rank to be in accordance with the computed final grade ofsuch competitor, all as herein defined and provided for. (b) In the event that two (2) or more competitors shall make identical final grades, the - order of their rank or placement on the eligible list shall be determined on the basis of the, date of receipt of the notice of intention form relative to such examination. Should notices of intention of two (2) or more competitors earning identical final grades also bear identical dates, the order of placement on the eligible list of such persons shall be determined on the basis of the basic grade earned by such persons on the examination. (c) Promotional eligible list shall thus be established, with names listed in order from the highest to the lowest final score or grade. Certification and appointment shall be in accordance with Rule VIII of these rules. The name of each person on the eligibility list shall be submitted to the department head three (3) times; and if passed over three (3) times with written reasons filed thereafter and not set aside by thgOommission, he shall thereafter be dropped from the eligibility list. All eligibility lists shall remain in existence for one (1) year unless sooner exhausted, at the expiration of which period they shall be destroyed and new examinations be given. Section 110, Advancement in Compensations None of the provisions of these rules shall prohibit an advancement in compensation granted to employees in the classified service as a result of efficiency and length of service, provided such increase shall be within the budgetary allowance and approved by the Chief Executive. RULE XI - SPECIAL APPOINTMTS Section 111. Temporary Appointments: Temporary appointments may be made by the Chief Executive of persons not on an eligible list in the event that no eligible list has been established for a position, or that those whose names appear on the eligible list are not immediately available, or during the suspension of an employee, or pending final action or proceedings to review a suspension, demotion, or dismissal of an employee. Temporary appointments shall not continue for a longer period than three (3) months in any one fiscal year. This limitation shall not apply if action on suspension, demotion, or dismissal proceedings is pending at the end of three (3) months period, or if such temporary appointee is serving in the place of an employee who has been granted leave of absence in excess of three (3) months. The temporary performance of the duties of any such position by a person who has not been promoted in accordance with the provisions of these rules, shall never be construed to promote such person. Section 112. Emergency Appointments of Persons Over Thirty -Five: (a) In accordance with the Civil Service Law, persons over the age of thirty- five years may be appointed to the Fire and Police Departments of the city provided the following con dit ions are met: i� (1) Authority of a department head to make carer -age appointments shall be obtained by means of a written request filed by the department head 4' with the Commission briefly, stating the reasons for wishing to :sake such an appointment. (2) The Commission may grant, refuse, or rescind the authority to make over age appointments to either or both the Fire and Police Departments, independently and without prejudice. (3) All provisions of the Civil Service Rules with regard to written examination requirements are suspended and waived only with regard to appointments made under these provisions. (4) With the exception of the written examination, all over -age appointees shall be subject to the provisions of the Civil Service Rules and to the regulations of the department to which they are appointed. (5) Selection of appointees over the age of thirty -five (35) years shall be at the discretion of the department head, subject to review and approval by the Commission. I . (b) All persons over thirty-five (35) years of age who are appointed under these provisions shall: (1) Be designated as temporary employees. (2) Be ineligible for pension benefits. (3) Be ineligible for appointment or promotion when one or more permanent applicants or employees are available. (4) Be ineligible to become full-fledged Civii Service Employees. (5) Have their employment terminated before the employment of any permanent firemen or policemen is terminated by a lay-off. Section 113. Special Assignments None of the provisions of these rules shall operate ` to restrict or prevent the city from ,contracting or hiring for technical and/or specialized personnel for special purposes. Such special assignments shall involve duties of a pecialiat nature and which are not common to those of any other classified position in the Fire or Police Departments, and regardless of whether such duties are periodic in nature or involve a period in excess of three (3) months duration. RULE XII -• DEPAR7E1T HEADS Section 114. Eligibility for Department Head: The appointment of the department head shall be made from the personnel of the departments, or from the personnel of some Fire or Police Department within the State of Texas. No person shall be eligible for appointment as chief or head of the Fire Department who has not been a bona fide fire fighter in a Fire Department for five (5) years in the State of Texas. No person shall be eligible for appointment as chief or head of the Police Department who has not been a bona fide law enforcement officer for five (5) years -in the State of Texas. The department heads of the Fire and Police Departments shall be appointed by the Chief Executive of the city and shall be confirmed by the governing body. Section 115. Reports of Department Heads: Department heads shall promptly and properly report to the Commission all changes in the organization or personnel of their departments, as stipulated and required under these rules. Such reports shall cover all forms of appointments and terminations, leaves of absence without pay in excess of seven (7) days, reductions in force, demotions, suspensions, military leaves of absence, the creation, abolishment or consolidation of offices or positions. Vacations, sick leave and all other forms of absence not requiring a special report shall be indicated on the departmental payroll in accordance with current rules regard- ing such matters. Section 116. Demotion of Department Heads: When the services of a department head are terminated as such other than by retirement or discharge and he is removed as a department head, he shall be reinstated in the department and placed in a position no lower than the rank he held at the time of appointment, and he shall retain all rights of seniority in the department. Section 117. Appeal from Discharge: Should such department head be charged with an offense in violation of Civil Service rules, and be dismissed from the public service, or be discharged from his position, he shall have the same rights and privileges of a hearing before the Commission, and in the same manner and under the same rules and con- ditions as the classified employees, and if the Commission should find such charges to be untrue, or unfounded, said employee shall thereupon, immediately be rebtored to the department as above provided, and said employee shall enjoy all the rights and privileges thereunder according to seniority; and shall be paid his full salary for the time of suspension. RUDE XIII - DEMOTION FOR CAUSE Section 118. Requested by Department Head: Whenever a department head desires to demote an employee under his supervision or jurisdiction to a lower rank, such depart- ment head shall recommend in writing to the Commission that such employee be so demoted, giving his reasons therefor and requesting that the Commission make such order of demotion, furnishing a true copy of such recommendation in person to the employee to be affected by such demotion. Section 119. Powers of Commission: The Commission shall have the authority to grant or refuse to grant the request for demotion. If, however, said Commission feels that probable cause for demotion exists, it shall give the employee ten (10) days advance written notice to -appear before it at a time and place specified in such notice, and said employee shall have the right to a full and complete public hearing upon the pro- posed demotion. A written notice addressed to the employee at his last known address sent by registered U. S. Mail and postmarked at least 11 days (exclusive of the day of hearing) prior to the day of hearing shall constitute full compliance with this requirement of notice. The Commission shall not demote any employee without such hearings Such hearing may be held without the attendance of the employee after this requirement of notice is complied with. RULE XIV - DEMOTION WITH PREJUDICE Section 120. In the event -that any position in the classified service is vacated or abolished by ordinance of the governing body, the employee holding such position shall be demoted to the position next below the rank of the position so vacated or abolished; provided, that when any position or positions of equal rank may be abolished or vacated the employee or employees with the least seniority in said rank shall be demoted. If individuals have -the same seniority in the said rank, then the one with the lowest average efficiency rating for the two (2) years immediately preceding shall be demoted. RULE XV - TEMPORARY SUSPENSION Section 121. Classified Employees_ Subject to Temporary Suspension: All persons holding positions in the classified service are subject to temporary suspension by the depart- ment head for violation of the Civil Service Rules. Such suspension shall be for a period not to exceed fifteen (15) days and shall be served without pay. Section 122. Notice to Commissions In every each case of suspension, the department head shall file with the Commission within forty-eight (48) hours from such suspension, a written statement ofaction. If the department head does not file such statement with the Commission within the time provided above, the suspension shall be void and the employee shall be entitled to his full salary. Section 123, Notice to Employee: When the department head enters an order for the temporary suspension of an employee in the classified service, he shall within forty- eight (48) hours from the time of such order file a written statement with the suspended employee stating the reason for the suspension, if requested in writing to do so by the employee. The employee shall have the right to answer and appeal as provided in Sections 130, 131, and 132 of these rules. • Section724. Powers of Commission: The Commission shall have the power to investigate and to determine whether there is just cause for such dbciplinary suspension. The Commission shall have the power to reverse the decision of the department head and to instruct him immediately to restore such employee to his position. In the event such department head refuses to obey orders of the Commission, the employee shall be entitled to his full salary just as though he had been regularly reinstated. Section 125. Refusal to Reinstate: In the event the department head willfully refuses to obey the order of reinstatement of the Commission, and such refusal persists for a period of ten (10) days, it shall be the duty of the Commission to report such refusal to the Chief Executive. Section 126. Appointment to Fill Vacancy: No appointment except a temporary appointment shall be made to fill the vacancy until the period of a suspension has elapsed. RULE XVI - DISMISSAL Section 127. Order for Suspensionz When it is the intention of the department head to discharge an employee in the classified service, he shall first enter an order for suspension without pay. The period of suspension shall extend until the time allowed for an answer to the charge has lapsed, or if an appeal is taken to the District Court, then the suspension period shall extend until the written findings and recommendations of the Court have been submitted. 6ection 128. Grounds for Suspension or Removal: In accordance with the provisions of Section 5 of the Civil Service Law, no action or charge intended to effect the suspension or removal of an employee in the classified service shall be valid unless it includes one or more of the following grounds: Conviction of a felony or other crime involving the moral turpitude; violations of the provisions of the city charter; acts, -of incompetency; neglect of duty; discourtesy by the employee to the public or to fellow employees while said employee is in line of duty; acts of employee showing lack of good moral character; drinking of intoxicants while on duty; or intoxication while off duty; conduct prejudieal to good order; refusal or neglect to pay just debts; absence without leave; shirking duty; or cowardice at fires; violation of any of these rules, or of the published rules and regulations of the Fire Department or Police Department, or special orders, as applicable. No employee shall be suspended or dismissed by the Commission except for violation of the Civil Service Rules, and except upon a finding by the Commission of the truth of the specific charges against such employee. Section 129. Notice of Sus ensionr In every such case, the department head shall, within forty- eight 48 hours after suspension, file a written statement with the Commission, giving the reasons for such suspension, and immediately furnish a copy thereof to the -officer or employee affected by such act, said copy to be delivered in person to the suspended employee by the department head. Section 130. Content of Written Statement: The written statement shall state the Civil Service Rule alleged to have been violated by the suspended employee, and shall state the alleged acts of the employee which the department head contends are in violation of the Civil Service Rules. It shall not be sufficient for the department head merely to refer to the provisions of the rules alleged to have been violated and in case the department head does not specifically point out the act or acts complained of on the part of such employee, it shall be the duty of the Commission promptly to reinstate him. The order of suspension shall inform the employee that he has ten (10) days after receipt of a copy thereof, within which to file a written appeal with the Commission. Section 131. Right of Appeal by Employee: Such suspended employee shall have the right o g appeal and inquiry to the Commission. If dissatisfied with the decision of the Commission based on such inquiry, the suspended employee shall have norther right of appeal. Section 132. Decision of Commission: Within thirty (30) days from date the Commission receives notice of appeal, the Commission shall hold a hearing and render a decision in writing stating whether or not the suspended employee shall be permanently or temporally dismissed from the classified service or be restored to the former position or status in the classified service of the department. In the event that such suspended employee is restored to his position or class of service from which he was suspended, such employee shall receive full compensation at the rate of pay provided for the position or class of service from which he was suspended, for the actual time lost as a result of such suspension. All hearings of the Commission in case of such suspension shall be public. Section 133, Refusal of Department Head to Reinstate Employee. - (a) In the event the Commission orders that such suspended employee be restored to his position as above provided, it shall be the duty of the department head immediately to reinstate him as ordered, and in the event the department head fails to do so the employee shall be entitled to his salary as though he had been regularly reinstated. (b) In the event such department head willfully refuses to obey the orders of the reinstate- ment of the Commission, 4nd such refusal persists for a period of ten (10) days, it shall be the duty of the Commission to report such refusal to the Chief Executive. It shall be the duty of the Chief Executive or legislative body of the city to discharge such department head from his employment with the city. (a) The Commission may punish for contempt any department head who willfully refuses to obey any lawful order of reinstatement of the Commission, and such Commission shall have the same authority herein to punish for contempt as has the Justice of the Peace. Section 134, Restriction to Original Chargesr In any Civil Service hearing hereunder, the depart- ment head is restricted to his original written statement aqd charges, which shall not be amended. No act or acts may be complained of by said department head which did not happen or occur within six (6) months immediately preceding the date of suspension by the department head. Section 135. Dismissed Employees Not El.iaible fbr Re-employment: Any classified employee who resigns while not in good standing, or who is dismissed for cause, shall not be eligible 8)r re-employment in any classified position. Employees who resign during a period of suspension, or to avoid a suspension, or during the investigation of any charges, shall be deemed to have resigned while not in good standing. RUIE XVII - APPEAL PROCEDURE . Section 136, Procedure Before Commission: (a) In order for an employee to appeal to the Commission, it will only be necessary for him to file within ten (10) days with the Commission a statement denying the truth of the charges as made or statement taking exception to the legal sufficiency of such charges, and asking for a hearing by the Commission. In all hearings, the employee shall have the right to be represented by counsel. (b) All such hearings shall be public and informal. (c) The Commission shall have the authority to issue subpoenas for the attendance witnesses. (d) The Commission may require that all witnesses testify under oAh, and shall have the authority to give such oaths. Section 137. Appeal to District Court: In the event any employee is dissatisfied with the decision of the Commission, he may, within ten (10) days after the rendition of such final decision, file a petition in the District Court, asking that his order of Suspension or dismissal be set aside, and that he be reinstated in the Fire and Police Department and such case shall be tried de nova. Such case shall be advanced on the docket of the District Court, and shall be given a preference setting over all other cases. RULE XVIII - LAY-OFF AND REINSTATEKENT Section 138. Order of Terminationt In the event positions of the lowest classifications are abolished or vacated, and it thereby becomes necessary to terminate employees from the department, the employee with the least seniority shall be terminated. If individuals have the same seniority, then theone with the lowest efficiency rating shall be terminated. Section 139. Placement on Reinstatement List t Those employees who are involuntarily separated from the classified service without prejddiee, shall be placed on the reinstate- ment list in order oftheir seniority. The reinstatemaent.list shall be exhausted before appointments are made from an eligibility list. Appointments from the reinstatement list shall be in order of seniority, i.e., inverse order of lay-offs. Section 140. Duration of Reinstatement Listt Those whohave been on any such reinstate- ment list for a period of three 3 years shall be dropped from such list but shall be replaced on the reinstatemart list upon request from the Commission. Section 141, Removal from Reinstatement List: Names on the reinstatement list may be removed for the same reasons for which names may be removed from an eligibility list. RULE X IX - EFFICIENCY REPORTS AND RATINGS Section 142. Semi-annual Reports: (a) Department heads shall be responsible for the preparation and submission of semi-annual efficiency or performance reports covering the work of each permanent classified employee in their department during the first and second six -months periods of each calendar year, or fraction thereof amounting to four (4) months or more. Such reports will be submitted on forms prescribed and furnished by the -Commission, as herein -� provided and also in accordance with special rules promulgated from time to time by the Commission, and shall be forwarded to the Commission not more than thirty (30) days after June 30th and December 31st of each calendar year. (b) Efficiency reports shall be carefully studie4 nd initially marked by the immediate superior officer (above the grade of sergeant in the Police Department or driver in the Fire Department) of each employee, with proper indicating of all required information and data, and bearing the initial or other identification symbol of each rating officer# Upon completion of markings, each rating officer shall transmit the, report to the super- visory officer next above in rank, together with explanation of any unusual markings and suggestions regarding special matters reflected by the report. The final rating officer, if other than the department head, will forward the completed report to the department head for final review. After all individual reports have been completed and reviewed by the department head, they, will be forwarded to the office of the Director for final evaluation and rating in accordance with formula prescribed by the Commission, following which process the original copy of the report will be filed in the personel records of the employee and two copies returned to the department, one of which will be given to the employee to whom it relates. Section 143. Factors Determining Efficiency: The Commission shall, by written order recorded in the minutes, prescribe subjects or factors to be used in determining efficiency marking, taking into consideration attendance , personal condact, discipline, quality of service and initiative, and shall assign appropriate weights to such factors. Section 14ft. Minimum Standard of Efficiency: The Commission shall fix a minimum stand- ard of conduct and efficiency for each grade in the classified service and whenever it appears from the periodic efficiency reports made to the Wmmission as herein provided, that the conduct and efficiency of any employee has fallen below this minimum, that employee shall be called before the Commission, to show cause why he should not be moved, and if, upon hearing, no reason is shorn satisfactory to the Commission, it may recommend to the department head concerned that such employee be removed, suspended or reduced in grade. RUIE XX - LEAVES OF ABSEM E Section 145. All Absence Must be_Authorizedt No classified employee shall be absent from his regularly shceduled duties except by authority of his department head or other competent superior offiaer, and in accordance with the provisions of these rules. Employee who are absent for any reason will be responsible for reporting same, and the reason therefor, to the department head or other competent superior officer as soon as possible prior to the beginning of their assigned shift or regular schedule of duty. Section 146. Control and Reportof Leaves (a) Department heads will be responsible Or maintaining complete and accurate records of all forms of absence, for any reason and whether with or without pay, and the indicating of same on departmental payrolls and/or other record forms in accord- ance with current or future regulations relating to same. Such records shall be open for inspection by the Commission, the City Manager, ortheir authorized represent- atives. (b) All tardiness, absence without proper justification, and other irregulari- ties, shall be accurately recorded, and shall be considered in preparing efficiency ratings of employees. If persistently indulged in, such irregularities shall be construed as neglect of duty and constitute grounds for the dismissal of an employee. (c) No sick leave will be reported in amounts of less than one-half (1/2) day. Employees, who, after reporting for work, are obliged to be off duty due to illness for less than one-half of their regular shift will be carried on a duty status during such absence; if absent more than one-half but less than a full shift, the employee will be charged with only 1/2 day of sick leave for that particular day. (d) For purposes of personnel records, Saturdays will be counted as full days in recording vacation leave, and no vacation leave will be authorized or reported for periods of less than one (1) day. Section 147. Physical Examination May be Reguiredt' Except as hereinafter provided, employees who are continuously absent from their regular duties for a period of more than sixty (60) days, may be required to undergo and pass a physical and medical examination equivalent to that required for initial employment in classified positions, and/or otherwise to furnish the department head with satisfactory evidence of their general physical and mental ability to perform the duties and discharge the responsi- bilities of the position formerly held by them. Failure to comply with the above requirement, or to qualify thereunder, will constitute grounds Sbr the termination of the employee, as provided under these rules. The above provision shall not apply to leaves of absence incident to disability sustained in line of duty, to sick leave totalling ninety (90) days or less, to employees authorized to attend special schools, nor those on detached duty uni er special assignment. Section 148. Sick Leave With Pair (Statutory): (a) Permanent and temporary classified employees shall be entitled to sick leave with full pay at the rate of one working day for each full month of service during a calendar year, with an extra day added for each four (4) months, so as to total fifteen (15) working days of such leave for each twelve (12) months. (b) Sick leave as above provided may be accumulated to a total of not more than ninety (90) days, and with privilege of an extension in the event of the exhaustion of accrued sick leave and provided the employee can conclusively prove that his illness was incurred while in the performance of his duties. (c) In the event an employee leaves the classified service for any reason, his name shall remain on the departmental payroll until all accrued sick leave to his credit at the time of termination has been used. (d) The department head shall grant sick leave with pay to the extent that same may be necessitated by the illness of an employee, provided such illness shall not exceed the total amount of such leave accrued to the credit ofthe employee. (e) Employees who are disabled as a result of accidental injury occuring while off duty, may be granted sick leave hereunder to the extent to which they may be entitled to same, and as may be necessary for proper recovery. Such action shall be at the discretion of the department head, and such employees shall be subject to all provisions governing this form of leave. (f) Should an employee be unable to perform either his usual or special duties after the exhaustion of all sick leave accrued to his credit, the department head may refer the case, together'with any recommendations considered pertinent, to the Chief Executive, to be considered for the granting of additional leave without pay or such other action as may be deemed advisable and warranted. (g) Under justificable circumstances, and with specific approval of the depart- ment head, sick leave may be taken in advance, or in excess, of the amount accrued to the credit of an employee; provided such extra leave shall not exceed a total of fifteen (15) days during any calendar year; and provided further that, in event an employee who has been granted such extra leave is separated from service, that any portion of such extra leave as may not have been earned as of the date of separation shall be charged against the terminal pay of such employee. (h) The department head may require a certification from the attending physician of any employee absent due to personal illness. He may also require the employee to undergo an examination by either the City Health Officer or a reputable physician selected by the employee, and who will furnish the department head with a report of his findings; and may make such other investigation of absences hereunder as he may deem ndcessary or advisable. Section 149. Emergency Absence Chargeable to Sick Leave: In addition to absence by reason of personal illness, and in accordance with all other rules relating to same, ��'?artment heads may authorize the use of accrued sick leave under the following 3cial circumstances: (a) illness of a member of the employee's household requiring 3 personal care and attention; (b) quarantine of employeets household under public health regulations; (c) the death of a member of the employee's family. Section 150. Vacation Leave with Payr (a) Classified employees will be allowed vacation leave with. full pay at the rate of fifteen (15) working days for each twelve months of service, and with fractional periods 'computed on h asis provided for sick leave. Employees shall not be eligible to observe vacation%n 4' after completion of at least one full year of service. Such leave shall be integrated with the calendar year as herein' provided, shall be taken at a time approved by the department head, and shall be taken on the basis of service during the preceding calendar year. (Article 1583, V A C S) (b) Notwithstanding the above provision, as a matter of v@tual converfience, after completing at least six (6) months of service, and on the presumption of continued employment, new employees may be permitted to observe vacation leave credited to them for service during the preceding calendar year. (a) In all cases of termination, and provided the employee has completed at least one (1) year of service, terminal pay will be allowed only for unused vacation leave credited for service during the preceding calendar year. (d) Vacation leave shall not be annicumulated or used later than the calendar year immediately following the one in which same is first credited to the employee, and no vacation in excess of fifteen' (15) working days will be authorized during any one calendar year. (e) In the absence of any discreditable circumstances, employees who are terminat- ed by force reduction and reappointed within- one (1) year shall be entitled to have restored to their credit any vacation time incident to their service during the year of termination, and for which they did not receive terminal pay. Such leave to be subject to all other provisions of this Section. Section 151. Leave with Pay for Iniuries Sustained in Line of Duty (Statutory)r Classified employees shall be entitled to injury leaves of absence with full pay for periods of time commensurate with the nature of injuries received in the line of duty for at least one (1) year. At the expiration of said one year period the governing body of the citymay extend such injury leave at full or reduced pay, provided that in case the employeels salary is reduced to an amount c©nstiithting less than sixty per cont (60%) of his regular monthly salary, and if the employee is eligible for disability benefits under an existing Firemen's and Policemen's Pension Fund, then such employee shall be retired under the provisions of such Pension 'Fund until he is able to return to duty. Section 132. Observance of Certain Holidays with Pay: City Ordinance No. 1092 auth- orized the observance with pay, by all permanent city employees, of six (6) specified holidays during each calenddr year. The measurealso provides that employees in certain departments (including Fire and Police) who work on a shift arrangement under which it is impracticable to observe such holidays as they occur, may add the equivalent number of days to their normal vacation time, at the rate ofone (1) day for each 60-day period during the current calendar year. This benefit is not related to any statutory pro- vision governing classified employees. In event of separation from service, the terminal pay of the employee will be charged with any holidays taken in advance, in connection with vacation leave as above provided, and which have not been earned as of the date of their termination. Section 153. Leave With Pay for the Purpose of Attending Schools, Conferences and Training Courses: If approved by the Chief Executive, permanent classified employees will be allowed leave with pay for the purpose of attending schools, conferences, short training courses, and events of a similar nature and purpose. Such absence shall be in addition to all other paid leave to which employees may be normally entitled, and shall be reported in accordance with procedural rules relating to same. Section 154. Military Leave with Pay (Statutory). - (a) H. B. 761, Acts of the 53rd Texas Legislature (1953) provides that all employeets ofthe city who are members of the National Guard or Official Militia of Texas, or any of the Reserve components of the U. S. Armed Forces, when so ordered or authorized by proper authority, shall be entitled to leave of absence with pay during any period when they shall be engaged in field training or encampment,, or when so ordered to duty with troops or fid3d exercises, or for instruction. (b) Such leave shall not exceed fifteen (15) days (for which the employee would normally be paid by the City) during any calendar year; shall be in addition to any other form of leave to which an employee may be normally entitled; and shall be subject to all pertinent provisions of these rules and of special rules and procedures relating to such leave, including proof of final acceptance for duty, etc. Section'155. Military Leave without Pas (Statutory). (a) In accordance with the provisions of Section 22a, of the Civil Service Law, and upon written application filed by any member of the fire or police department, the Commission will grant leave of absence in order to permit such employee to enter any branch of the U. S. Armed Forces (excluding Merchant Marine), and such leave shall continue in effect during the active military service of such member. (b) If such employee shall, within ninety (90) days after his discharge, make application for reinstatement to his former position, and provided he received an honorable discharge and is physically and mentally capable of performing the duties of his former position, then such employee shall be entitled to be reinstated in the position held by him at the time his leave of absence was granted. Upon being returned to said position, said member shall receive full senioritycredit for the time spent in the military service. (c) During the absence of a member to whom military leave has been granted hereunder, the position held by him shall be filled in accordance with other provisions of these rules and of the Civil Service Law; provided that, upon reinstatement of the absent employee as herein provided, and if such action shall operate to reduce or demote the member who replaced such employee during his absence to a position lower in grade and compensation, then such person so reduced and remaining with the department shall have a preferential right to subsequent appointment to the same or similar position as the one previously held, and over any current eligible list for such position; and provided further that such person remains physically and mentally qualified to discharge the duties of such position. Section 156. Leaves Without Pay for Personal Reasons: (a) Department heads may grant leaves of absence without pay for periods of not more than seven (7) days. Leaves for longer periods shall be requested in writing, specifying the periodct leave desired and the purpose thereof, and submitted to the department head for his recommendation. The Chief Executive shall have the sole auth— ority to grant such leave, and his ruling relative thereto shall be final. (b) No employee shall be granted leave of absence to accept a position outside the classified service for more than sixty (60) days during any twelve (12) months period, unless it is clearly established that public interest will be served thereby. RULE M — PHYSICAL STANDARDS AND AGE LIMITS FOR FIREMEN AND POLICEMEN Section 157. Axe Requirements; Candidates forcriginal appointment must be at least twenty—one 21 years of age and not over thirty—five (35) at the time of mental examination. Section 158, Physical and General Requirementst Height and Weight: Height and weight should be in accordance with the following table. Candidates for position must meet the height and weight requirements set by this table. Column I Column II Column IIT Height Minimumt 2 lbs. per in. Ma�rimumt 3 lbs. per in. 5 ft., 7 in. 134 lb. 201 lb. 5 8 136 204 5 9 138 207 5 10 140 210 5 11 142 213 6 144 216 6 1 146 219 6 2 148 222 6 3 150 225 6 4 152 228 6 5 154 231 - 6 6 156 234 Section 159, Medical Requirements:(&)Candidates for original appointment and promotion in the classified service must meet the following medical requirementst (1) General Appearance: The applicant must be free from any marked deformity; free from all communicable, parastic skin diseases, and from evidence of intemperance in the use of stimulate or drugs. The body must be well proportioned, of good muscular development and show careful attention to persorsicleanliness. (2) Obesity: Muscular wealeiess or poor physique will result in rejection. Obesity is a condition where the lease horizontal circumference of the abdomen at rest at the umbilicus is greater than the normal horizontal circumference at the chest at i the nipple line. (3) Diseases.- Insanity, eplLepsy, exophthalmic goitre, paralyis, locomatorataxia, cancer, tuberculosis, Brightfs disease, diabetes, syphillis, gonorrhea, ubler, curvature of spine, chronic nasal catarrah or inarticulate speech will result in rejection. (4) Arms and legs, hands and feet must be free from affections of the joints, sprains, deformities, stiffness or other conditions, s-uch as flat—foot, ingrowing nails, hammertoes, or injuries and loss of members which would prevent proper and easy performance of duty. (5) Varicose veins or a marked tendency to their formation will result in rejection. (6) Genitals must be free from deformities and from varicocele hydrocels, enlargement of the testicle, stieture of incontinence of urine. Any acute and all veneral diseases of these organs will result in rejection# (7) Rupture in any form, actual or potential, will result in rejection. (8) Rectum and Anus. Anal fissure fistulas and external and internal piles will result in rejection. (9) Respiration must be full, easy and regular; the respiratory murmur must be clear and distinct over both lungs, and no disease of the respiratory organ be present. Pulse rate of mare than 110 will result in rejection. (10) Circulations The action of the heart must be uniform, free and steady, its rhythm regular and the heart free from organic changes. (11) Brain and nervous system must be free from defects. (32) Digestive system must be free from chronic disease. (13) Kidneys must be healthy and urine normal. (14) Nose, Throat, Mouth and Teeth: Obstruction to free breathing, chronic catarrh, enlarged or diseased tonsils will resulf. in rejection. (15) The mouth must be free from deformities or conditions that interfere with distinct speech, or that predispose to disease of the ear, nose or throat. (16) Teeth must be well cared for and free from multiple eav*ties. "here must be at least two natural molar teeth to each jaw on each side, and these teeth in good apposition for proper mastication. The Jaws must be free from badly broken or decayed teeth so far destroyed as to render filling or crowning impossible. Missing teeth may be supplied by crown or bridge work; where site of teeth makes this impossible, rubber dentures may be accepted. Pyorrhea or Vincentfs Agine will result in rejection. (17) Eyes; The applicant must be free from color blindness, and be able to read with each eye, separately, standard test types at a distance of twenty (20) feet. Loss of either eye, chronic inflamation of lids, or permanent abnormalities of either eye will result in rejection. Average vision of 20/30 without glasses. (18) Ears: Normal hearing with each ear is required. Candidates shou2A hear ordinary conversation at least fifteen (15) feet. (19) Blood pressure must be normal. (20) Wesserman Test is required before final appointment. (21) Fingerprints will be taken of all candidates for entrance positions and prints sent to the Department of Public Safety in Austin and the Federal Bureau of Investigation for routine check. (22) Candidates are stripped for the physical examination. The Commission may waive any portion of the foregoing physical requirements with regard to the promotion of employees, when in its opinion such persons are physically capable of performing the duties of the position for which they have been certified. Written recommendations relative to such employees may be submitted by department heads for the information of the Commission. Section 160, Instructions to Examining Physicianar The necessity for the selection of such men only as are sound in all respects and are in every way physicially qualified for the position in self-evident. The foregoing qualifications are important, but the medical examiners should put such other questions or tests, bearing upon each case, as they deem necessary and proper, and the whole examination should be thorough, exact and circumstantial. The medical examiners may also test the strength, adtivity and physical capacity of all applicants who come up to the standard required in the medical examina- tion by suitable examination into the strength of the back, chest, arms andlegs. j RUDE = - STRIKING PROHIBITED Section 161. F�loyees Prohibited fM Striking: It shall be unlawful for any Firemen or Policemen, coming under the provisions of these rules, to engage in any strike against the agency of the government by which they are employed. Violations of this provision shall constitute a misdemeanor and, upon conviction, shall be punishable by a fine of not less than Tan Dollars ($10.00) or more than One Hundred Dollars ($100.00), or by confinement in the county fail for not more than thirty (30) days, or by both such fire andimprisonment. In addition, any Firemen or Policemen who has been convicted under this Article shall be automatically released and discharged from such Fire ev Police Department and shall thereafter be ineligible to receive any pay or compensation out of any public funds provided for the support of such Police and Fire Department. RUIE = II-- SAVINGS CLAUSE Section 162. The provisions of these rules are declared to be severable. If any rule, section, sentence, clause, phrase, or wor& of these rules shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining rules, sections, sentences, clauses, phrases, and words of these rules, but they shall remain in effect, it being the legislative intent that these rules shall stand notwithstanding the invalidity of any part. RULE XXIV — CHANCES AND AMENDMENTS Section 163. Limitations an Changes: Any change in these rules may be proposed and tentatively adopted at any regular or special meeting of the Commission, but no change shall be finally adopted until at a regular or special meeting open to the public, and held not sooner than seven (7) days after the date of which the proposal was first considered, and except by a majority vote of the members_. A written notice of the meeting sent to each member in advance of such final conaideration, shall include a copy of any change previously proposed, and to be considered at such meeting, Any change in these rules shall be promulgated in accordance with the provisions of Section 23, Civil Service Law. Section 164. Approval Required: Ebert' change in the rules finally adopted by the ommission, shall be submitted to the governing body of the city for its consideration and approval, Id 54-13-356-50 Motion by Commissioner Baker, seconded by Commissioner Carpenter, motion carried.9 Mayor Tripp and Commissimers Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize transfer from the General Fund of the City of Lubbock to the 1946 Street Improvement Fund and/or the Northeast Avenue Q Fund of the City ofLubbock, $32,500.00, This amount being necessary to complete the present dispersal system of Northeast Avenue Q and to pay for flaring the intersection of Avenue L at 19th Street and Avenue Ie. Said funds to be transfered during the year 1954 and 1955 as the work pro- gresses. $31,473.39 has been transfered to R.O.W. Bond Funds since the beginning of 1953-1954 fiscal year and this additional $32,500.00 is expected to cover this R.O.W. Fund through January, 1955. 54-13-356-564 Motion by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize the extension of water and sewer service to a farm residence owned by Texas Technological College and located just outside the City Limits in line with Amherst Street and approximately 75 feet West of the West line of Indiam Avenue in Northwest Lubbock. This extension to be made at no expense to the City. 54-13-356-565 Motion by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commiis sioce rs Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize payment to the Panhand3e and Santa Fe Railway Company, $698.30 to cover Railway Company's Audit Bill No. 3309-PA, dated November 24, 1954. Said bill covering removal or replacementcf railroad tracks for installation of sanitary sewer line that was re -located in connection with construction of the 4th Street underpass near Avenue "0". Payment of the $698.30 hereby authorized to be made from Sanitary Sewer Bond Funds. 54-13=N6-566 Motion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, &yor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay,t o authorize installation of a 4-inch water main to serve the block between Broadway and 13th Street and Avenue P and Avenue Q, at an estimated cost of $1,010.00. Payment hereby authorized to be made from Water Bond Funds. 54-13-356-567 Motion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to approve plans and specifications and authorize purchase and installation of equipment for a pneumatic sewWlift station to serve the City -County Labor Camp in the immediate low area in the vicinity of First Place and North Avenue H. Estimated cost, $1,9850.00. This purchase and installation being subject to the County of Lubbock, through the County Commiis sione rs Court, paying one-half of the cost in the amount of $925.00. The City► s portion of this cost, in the amount of $925.00 is hereby authorized to be paid from Sanitary Sewer Bond Funds. 54-13-356-568 The following letter of request was received from the Lubbock National Bank. Lubbock, Texas December 3, 1954 City Commission City of Lubbock Lubbock, Texas Gentlemen : We would appreciate your consent to our operating a loud speaker between the hours of 9:00 A.M. to 10:00 P.M. for the purpose of playing Christmas Carols to be used in conjunction with our Christmas Display. This display is to be located on top of the two-story building at the Northeast corner of Main Street and Texas Avenue. JAL/mr Very truly yours /s/ James A. Littlefield James A. Littlefield After consideration of the request of the Lubbock National Bank to operate a loud speaker, or amplifier, between the hours of 9 o'clock A.M. and 10 o'clock P.M. for the purpose of playing Christmas Carols during Christmas season, motion -was made by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to grant the request. Said carols to be played from the top of the two-story building located at the Northeast corner of Main Street and Texas Avenue. This request being granted since it has been the policy of the City Commission to allow carols to be played at Christmas time by the Lubbock National Bank from the top of the Bank Building, the City reserving the right to regulate the volume of this music. 54-13-3�7-�69 Request was received, as set out in the following letter, from the Texas Floral Company, wherein, it is,requested that they be allowed to play Christmas Carols from the floral shop located at 2107 - 21st Street in Lubbock. Lubbock, Texas December 2, 1954 City Commission and Mayor ,City Hall Lubbock, Texas Attention: Mr. Matthews Dear Sirs: The Yuletide Season is very near and to add to the beauty and spirit of the season I would like to ask your permission to play Christmas Carols in connection with my decorations at the Texas Floral Company. The playing of the records will be automatically controlled by clock and can be turned off in the evening at 9:30, Since Christmas music contributes so much to the spirit of the season, I feel sure this will meet with your approval. jy Respectfully yours, /s/ Gayle Clawson C*yle Clawson Opmer Since it is the policy of the City Commission to not allow loud speakers or amplifiers to be operated in the residential sections, motion was made by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to REJECT the request. 54-13-357-570 Motion by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize publication of the following Notice to Bidders, wherein the City is requesting bids for furnishing and installing thirteen (13) deep well pumps and motors for the West Lubbock County Water Weli Field. Bids are to be received at 2 o►clock P.M. January 13, 1955. Estimated cost of this project is $32,600.00 and payment is hereby authorized to be made for the cost of said thirteen deep well pumps and motors from the WaterBond Funds. NOTICE TO BIDDERS W.W.O. 6783 Sealed proposals addressed to the Honorable 14ayor 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 2:00 P.M. J+�uary 13, 1955, for furnishing all necessary materials, machinery, equipment, superintendence and labor for the furnishing and installing of thirteen (13) deep well turbine pumps and 4aotgrs in the West Lubbock County Well Field, all for the City of Lubbock, Owner, Lubbock, Texas. Bidders must submit a Cashier►s or Certified Check issued by a bank satisfactory to he 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 ten (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 brm provided in the amount of 100% of the total contract ptic a 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 advantage6us construction thereof, or to reject the bid. Unreasonable (or "unbalanced") 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. Attention is called to the Provisions of the Acts of the 43rd Legislature of I� the State of Texas,.page 91, Chapter 451, (Art. No. 5159A Civil Statutes, 1925) concern- I ing 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. P. TYPE OF LABORER GENERAL PREVAILING HOURLY RATE Operators, Winch, Crane Operators, Pneumatic Tools Truck Driver Under 1j Ton Truck Driver, 1j Ton and Over Laborer, Unskilled $1.50 1.10 1.00 1.25 1.00 Plans and Specifications may be obtained without charge at the office of W. B. Holmes, Director of Public Works, City Hall, Lubbock, Texas. ATTEST: /s/ Lavenia Lowe City Secretary CITY OF LUBBOCK, TEXAS OVER By /s/ Murrell R. Tripp Murrell R. Tripp, Mayor 54-1-3-358-571 There was discussion of the drainage problem existing on Avenue H, South of 4th Street, and motion was made by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Comnissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize the Right -of -Way Agent of the City of Lubbock to make an offer to Conley -Lott Realty Company in the amount of $10,000.CO for a strip of land for future Right -of -Way, said land being 37j feet in width, lying just South of the City's existing 1.2.5t drainage easement now located between Avenue H and Avenue G, South of 34th Street. 54-13-358-572 Motion by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and. Forrest voting Yea, none voting Nay, to authorize the charge -off of $3049.19 in water and serer extension contracts., said contracts having been forfeited by "Developers') through failure to develop the property in the time allowed under their contracts with the City. Said contracts having provided that lots on which refunds are based must be developed :Within five (5) years -- or the refundable portion on the undeveloped lots shall be forfeited. Listed below are the undeveloped portions of the contracts that have expired and the money shown for each is no longer refundable to the City. Forfeits on Water & Sewer Extensions Date of Date Con - Name Contract # No. of Lots Contract tract Forfeited Amour Harry E. Miller A, 1 5-3-49 5-2-54 43.75 C. M. Coulson, Jr. #1 4 (4) 5-4-49 5-4-54 108.50 S. E. McMillian #11 7 (6) 5-18-49 5-18-54 192.50 Minnie B. Sanders #13 2 - 5-2 4-49 5-24-54 185.60 R.H.Bean & W.F.Dean #14 4 5-19-49 5-1$-54 118.00 J. C. Sanders #15 3 (1) 5-31-49 5-31-54 305.43 J. C. Keller #18 9 (9) 6-27-49 6-27-54 627.75 C. W. Aydelotte #19 1 7-7-49 ? 7 -54 6o.40 L. A. Dodwin #21 2 (1) 7-19-49 7-19-54 53.00 Carl Hensley #23 9 7-25-49 7-25-54 310,2+0 Mrs. J. L. Young #25 4 (3) 8-10-49 8-10-54 138.40 J. L. Badley #28 10 (9) 9-9-49 9-9-54 677.98 Mrs. Ada McIllwain #29 2 9-42 0- 49 9-20-54 60.5) Virgil 0. Happ #30 2 9-22-49 9-22-5+ 49.50 V. H. King #38 2 10-18-49 10-18••94 79.20 Weldon L. Wines #48 6 (4) 11-3-49 11-3-54 D8.88 3,349.19 54-13-358- Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, Ordinance No. 1639 was passed an first reading. GWo 835 ORDINANCE NO. 1639 AN ORDINANCE RELEASING AND AUTHORIZING THE MAYOR TO JOIN WITH KERR AND MIDDLETON IN A RELEASE OF PAVING ASSESSMENTS ON PROPERTY ABUTTING PARTS OF BAYLOR STREET, 24TH •.STREET, 45TH STREET, 38th STREET, 32ND STREET, SALEM AVENUE, AVENUE P, UTICA AVENUE, N-S ALLEY BLOCK 10, OVERTON ADDITION SUCH RELEASE BEING LIMITED TO THE PROPERTY ABUTTING THE PAVING UNITS SPECIFICALLY DESCRIBED IN THIS ORDINANCE AND TO THE ASSESSMENTS MADE UNDER PAVING ORDINANCE NO. 1522 UNDER GWO 8350 AS RECORDED IN VOLUME 526, PAGE 529, DEED RECORDS OF LUBBOCK COUNTY, TEXAS. 51m-13n358-574 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, *yor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, Ordinance No. 1640 was passed on first reading. ORDINANCE NO. 1640 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF EAST 37TH STREET IN THE NELSON -BROWN ADIX TE ON OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIIE D BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE, AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK INDICAT- ING THE CLOSING AND ABANDONMENT OF SUCH STREET. In connection with -the passage of Ordinance No. 1640 an first reading, authorization was also hereby given to approve the request of William C. Wood, P.O. Box 4880, Lubbock, Texas, as set out below, and hereby authorize acceptance by the City of Lubbock, of deed from William C. Wood wherein Mr. Wood deeds to the City a 501 right-of-way for Locust Avenue from 36th to 50th Street, and an additional 251 off of the North side of Block 27, of the Nelson -Brown Addition to widen 36th Street, also 251 off of the See letter from South side of Block 28 of the Nelson -Brown Addition to widen 38th Street. Motion William C. Wood by Commissioner Forrest, seconded �y Commissioner Carpert er, in this regard Motion carried, Mayor Tripp and Commissioners Carpenter, Forrest and Baker voting copied after the Yea, none voting Nay, the following Resolution was passed: Quit Claim Deed on Page 360. RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER TO WILLIAM C. WOOD A QUIT CLAIM DEED ON BEHALF OF THE CITY OF LUBBOCK TO THAT PORTION OF EAST 37TH STREET DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS RESOLUTION. WHEREAS, That part and portion of East 37th Street lying between Locust Avenue and Magnolia Avenue in the City of Lubbock, and more particularly hereinfter described is not being used and will not in the future be used or needed for highway and street purposes or for any other public purpose; and, WHEREAS, the City Commission of the City of Lubbock finds that it will be in the public interest to quit claim its interest to William C. Wood; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. That the Mayor is hereby authorized and directed to execute on beha]f of the City of Lubbock to William C. Wood a quit claim deed to the property described by metes and bounds as follows: BEGINNING at the Southeast comer of Lot 1, , Block 27 of the Nelson -Brown Addition to the City of Lubbock, Lubbock County, Texas; THENCE West along the South line of said Lot 1 a distance of 305 feet to the Southwest corner of said Lot 1; THENCE Southwesterly along the South line of Lot 2, Block 27, Nelson -Brown Addition a distance of 307.99 feet to a point, said point being 22.92 feet North and 50 feet East of the Southwest corner of said Lot 2; THENCE South a distance of 50 feet to a point, said point being 22.92 feet North and 50 feet East of the Northwest corner of Lot 2, Block 28, Nelson -Brown Addition to the City of Lubbock and in the North line of Lot 2, Block 280 Nelson -Brown Addition; THENCE Northeasterly along the North line of said Lot 2, Block 28, a distance of 307.99 feet to the Northeast corner of said Lot 2, Block 28 and the Northwest corner of Lot 1, Block 28, Nelson -Brown Addition; THENCE East along the North line of said Lot 1, Block 28, a distance of 305 feet to the Northeast corner of said Lot 1, Block 28; THENCE North a distance of 50 feet to the POINT OF BEGINNING. SECTION 2. That the City Secretary shall attest such quit claim deed, affixing the seal of the City of Lubbock thereto. On motion of Commissioner Forrest, seconded by Commissioner Carpenter, the foregoing resolution was passed 'on this the 9th day of December, 1954, by the following vote. Commissioners voting "YEA": Baker, Carpenter, Forrest and Mayor Tripp Commissioners voting "NAY": None /sl Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer MS. for QUIT CLAIM DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTSr COUNTY OF LUBBOCK I THAT the CLTY OF LUBBOCK, a Home Rule Municipal Corporation, acting by and through its duly elected Mayor, Murrell R. Tripp hereunto authorized by resolution by the City Commission of the City of Lubbock, as evidenced by a certified copy of such resolution hereto attached marked, "Exhibit All and made a part hereof, for and in consideration of t)e sum of ONE AND N01100 ($1.00) DOLLAR and other good and valuable consideration to it in hand paid by WILLIAM C. WOOD of the County of Lubbock, State of Texas, the receipt of which is hereby ackm wledged, does, by these presents, BARGAIN, SELL, RELEASE AND FOREVER QUIT CLAIM unto the said WILLIRM C. WOOD, his heirs and assigns, all fright, title and interest in and to that certain tract or parcel of land lying in the County of Lubbock, State of Texas, described as follows, to -wit: BEGINNING_ at the Southeast corner of Lot 1, Block 27 of the Nelson -Brown Addition to the City of Lubbock, Lubbock County, Texas; THENCE West along the South line of said Lot 1 a distance of 305 feet to the Southwest corner of said Lot 1; THENCE Southwesterly along the South line of Lot 2, Block 27, Nelson - Brown Addition a distance of 307.99 feet to a point, said point being 22.92 feet North and 50 feet East of the Southwest corner of said Lot 2; THENCE South a distance of 50 feet to a point, said point being 22.92 feet North and 50 feet East of the Northwest corner of Lot 2, Block 28, Nelson - Brown Addition to the City of Lubbock and in the North line of Lot 2, Block 28, Nelson -Brown Addition; THENCE Northeasterly along the North line of said Lot 2, Block 28, a distance of 307.99 feet to the Northeast corner of said Lot 2, Block 28, and the Northwest corner of Lot 1, Block 28, Nelson -Brown Addition; THENCE East along the North Line of said Let 1, Block 28, a distance of 305 feet to the Northeast corner of said Lot 1, Block 28; THENCE North a distance of 50 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges,and appurtenances thereto in any manner belonging unto the said WILLIAM C. WOOD, his heirs and assigns forever, so that neither it, the said CITY OF LUBBOCK, a Home Rule Municipal Corporation, nor its successors nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the afore- said premises or appurtenances, or any part thereof. IN WITNESS WHEREOF, the CITY OF LUBBOCK has caused its corporate name to be here- unto subscribed by its Mayor, MURRELL R. TRIPP, and its duly attested corporate seal to be hereunto affixed by its Secretary, all in the City of Lubbock, Texas, this 9 day of December, 1954, ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer WILLIAM C. WOOD P.O. Box 488 Iu bbo ck, Texan December 1, 1954 City Commission, Lubbock, Texas Gentlemen t CITY OF LUBBOCK Byt /s / Murrell R. Tripp MURRELL R. TRIPP, Mayor I own Blocks 27 and 28 of the Nelson -Brown Addition to the City of Lubbock, which Blocks are presently divided (so far as the map shows) by East 37th St., a "dog -legit street running east and west. As a matter of fact, this part of East 37th St. has never actually been opened to the public, nor used by the public, but has been, and still is, part of a field on which cotton has been grown for several years. The purpose of this letter is to propose to the City that the City close East 37th St., from the West line of Magnolia Avenue, westward to a point in the East line of Clutter Second Addition as the same now appeard on the map, and give me a quitclaim deed to same. If the City can see its way clear to doing this, I propose (a) To convey to the City by warranty deed the North 251 of Block 27, and the South 251 of Block 28 in order to widen East 36th St. and East 38th St. to 75' and thus better accomodate heavy track traffic; and (b) To convey to the City by warranty deed the West 501 of Blocks 27, 289 29, 309 31, 32, 33, 34, 35, 36, 37 and 38, and the West 50' of Lots 1 and 2 in Block 40 (all in the Nelson -Brown Addition) for the purpose of opening Locust Avenue from 36th St. south,to 50th St. Locust Avenue has not been dedicated or opened so far. The warranty deeds herein referred to, conveying the property to the City shall contain a clause restricting the use of the property to street purposes. WCWsrb Respectfully /s/ W. C. Wood W. C. Wood 54-13-361--575 Motion by Commissioner Baker, seconded by Commissioner Forrest, motiorr_ carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize payment to Berline Haught, tenant on farm owned by Alton Hardy located immediately East of Shallowater in Section 26, Block D-5, in a total amount of $409.00 to cover crop damage to land at this location caused by construction of the West Lubbock County Water Supply Line. Payment of this $409.00 hereby authorized to be made from Water Bond Funds, Water Work Order 6644. 54-13 361-576 Motion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize payment of $266.40 to Clyde Whitaker to cover crop damage in Section 33, Block JS, Lubbock County, Texas, account of damage to his crop by laying of the West Lubbock County Water Supply Line. Payment of the $266.40 hereby authorized to be made from Water Bond Funds, Water Work Order 6644. 5443-361-577 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to anthoriae payment to D. L. Watkins in a total amount of $42.80 to cover crop damage in connection with the Cityts laying of Water Line in West Lubbock County through Section 22, Block JS. Payment of this $42980 hereby authorized to be made from Water Bond Funds, Water Work Order 6644, 54-13 361-578 Bids having been requested by advertisement for sale of Lot 3, Block 4, of the F. R. Friend Addition to the C tIty of Lubbock, this being a 501 lot located on Auburn Street, having been purchased from Park Bond Funds at a cost of $1,100.00 in June, 1953. The following bids were opened and read. - Bid of Keith Stuart, 203 Sherman Avenue, Lubbock, Texas........$241.58 Bid of Clay G. Scott, 509 Myrick Buildin , Lubbock, Texas....., 450.00 Bid of Joe Stuart, c/o Richard Crow, 703 Broadway ............. 750.00 After consideration of the above bids, motion was made by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to REJECT all_ bids, and offer this lot for sale for a consideration of $1,000.00. 54-13-361 579 The following report was given the City Commission: Mercury Vapor Street Light Program as of 12-1-54 Material and money are available to complete twelve (12) miles of lighting on one side only of the street. With the transformers and other equipment on hand, the economical method of installation is in units of 36 fixtures, enough for 2 miles of 1 side only lighting or 1 mils of both sides. - Due to the age and poor state of repair of the old style white -way lights on Thirteen Street from G to Ave. Q and on Avenue H from 8th to Texas St. intersection, it is recommended that these two streets be given priority in the installation of future Mercury Vapor units. These two streets will require lighting on both sides, and will use 6 miles of the 12 available. The Parkway - Idalou Road intersection wiU require 36 units, or enough for 2 miles. A 2 mile unit will be required on 4th Street west of College Avenue. The 4th Street -Avenue A intersection will require an additional 36 units, which will be all the available units in the present program. Summary: Mile unit s available Installation Requirements 13th Street Avenue H 4th Street W. of 4th Street Parkway & College and Ave- nue A Idalou Road 12 2 4 2 2 2 1V Available in Mercury Vapor Program upon completion of the above project* - This will give Lubbock a total of 28 miles of Mercury Vapor Street Lighting. *Also available under the Coliseum Program are sufficient materials to light 6th Street west of College around the Coliseum to the 4th Street intersection, and to light the parking lot for the Coliseum. After consideration of the above report in regard to the Street Lighting Program, it was unanimously agreed by the City Commission to adopt the following Street Light policyr Install Mercury Vapor Street Lights in business and commercial areas and on boulevards and main toughfares. Install incandescent stfbet lights in residential areas. ;4-13-362-580 Consideration was given passage -of a standard ordinance to comply with State Law for the collection of occupational taxes, the purpose of said ordinance would be to consolidate all ordinances now in effect covering occupational taxes. No action was taken by the City Commission in this regard, the proposed ordinance being taken under advisement. ;4-12-362-581 Motion by Comma. s sione r Baker, seconded by Commis sione r Forrest, motion carried, Kayos ` Tripp and Commissioners Bakers Carpenter and Forrest voting Yea, none voting Nay, to • authorize payment of the claim of Ater-Whitwell Lumber Co. In*. in the amount of $135.750, to cover damage to 1952 Chevrolet pick-up truck owned by said lumber company, occasioned by a collision between a City Police -patrol car and a truck owned by the lumber company on the 23rd day of November, 1954. A release to be secured from the Ater-Whitwell Lumber Company before payment is made. 4�13-362-582 There was discussion of the Canadian River Water Project, the Water Board members having met with the City Commission on this date, and motion was made by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Bakers Carpenter and Forrest voting Yea, none voting Nay, to authorize and direct J. Ray Dickey • and Robert Maxey, Lubbock's two Water District Directors, to vote in favor of submitting the proposed contract and .the proposed method of financing of the Canadian River Water Dam Project to a vote by the Water Districts in a meeting of the District Directors to be held in Plainview, Texas, on December 13, 1954. The Lubbock Water Resource Board having unanimously endorsed the water contract in the meeting with the City Commission on this date. Approval of said water contract by the eleven (11) member Panhandle Plains Cities being,a pre -requisite to calling an election in the district on financing of the Canadian River Dam Water Project. 4-13-362-583 It was brought to the attention of the City Commission, by City Attorney Vaughn E. Wilson that the Southeast Lubbock Development Corporation, in a meeting held on the 3rd day of December, 1954s considered violations of deed restrictions on Lots 24 and 42 of the Manhattan Heights Addition, located in East Lubbock; violation cases being instances where buildings have been moved onto the rear of such residence property in violation of deed restrictions. After having made both personal contact and notice by mail to the owners of the property in the Manhattan Heights Addition, no steps have been made by such property owners to correct their property to confom with the deed restrictions. The City of Lubbock as dedicator and the Southeast Lubbock Development Corporation as owner of such property, as well as owners in the - Additions have the right to enforcement of such deed restrictions and the Southeast Lubbock Development Corporation in the meeting held on the date mentioned above has recommended to the City Commission that such joint deed restrictions be enforced by suit and requested the City of Lubbock to join with the Southeast Lubbock Development Corporation in filing suit to enforce such covenant at the cost and expense of the City of Lubbock - and authorize the City Attorney to file suit to enforce such restrictions; After consideration of the above information, motion was made by Commissioner Baker, seconded by (b mmis sione r Forrest., motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize the City Attorney to file suit to enforce the deed restrictions in the Manhattan Heights Addition in accordance with the above recommendations. 54-13-363-584 Ed Colby, Manager of Lubbock Municipal Airport appeared before the City Commission and recommended to the City Commission that the proposal of Thompson Exploration Drilling Company to erect a strand steel warehouse building 401 by 1001 on a one wfd one-half W) acre plot of ground at the Lubbock Municipal Airport Industrial Area be accepted. The terms and conditions of said lease to be as follows. 1. Term of lease five (5) years at a ground rental .of $150.00 per acre per year. 2. Title to the improvement to be retained by Thompson Exploration Drilling Company until the termination of the lease at the end of the fifth year, at which time title to the improvement will pass to the City. 3. Thompson Exploration Drilling Company to have a unilateral option for the sixth through the tenth year at a rental rate of $240.00 per year. 4. Thompson Exploration Drilling Company to have the right to sublease the - property during the term of the lease -or the option renewal to any satisfactory tenant. 5. Thompson Exploration Drilling Company estimates the cost of the building at $9,100.00. They will keep the building insured for thetamount for the tenefit of themselves and the City, as their interest may appear, at no cost to the City throughout the life of the lease contract. 6. Thompson Exploration Drilling Company will grant the City the right to acquire the building at the original cost, less 20% for each year of occupancy under the lease in the event the Airport is recaptured by the United States Government prior to the expiration of the five year lease contract, 1. Ten year ground r_antal @ $100.00 per acre per year. 2. Lessee construct and own buildings. 3. Title to pass the City at the end of ten years. 4. Ext ens ion beyond ten years at prevailing rates at time, 5. Building to be insured by Lessee and all taxes to be paid by Lessee. 6. Type of construction, proposed usage of Building, and cost 6f con- struction shall be approved by the City. 7. The City shall have the right to acquire on the following basis in the event of National emergency or wart At the end of 1st year 90% of Cost 2nd a 80% if n 3rd rr 70% It rr 4th rr 60% of n 5th " 50% n n 6th rr 40% rr u 7th ° 30% n a 8th n 20% n n 9th ° 10% u n 54-13-3 63-585 After consideration of the recommendation as set out above, motion was made by Commis- sioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize the Airport, Board to proceed with acceptance of the proposal on a five year basis as outlined above under the terms of Ctty Ordinance No. 898. The following letter was received from 0. A. Webb wherein he asked the. City to rent to him for agricultural purposes, the Northeast one-fourth () of Section 12, Block A, Lubbock County, Texas t Lubbock, Texas December 7, 1951+ Tq the Honorable Mayor and City Council City of Lubbock Lubbock, Texas Gentlemen: Because of the fact that there is being considerable damage done in the vicinity of the cityts land, which is located on north Qellege Avenue, from bl6wing sand and dust.. I am interested in leasing the 160 acres owned by the city and watering approximately 50 acres of it from a well that I have on land which I own and which adjoins the CLtyt s land on the north. This will not only improve the appearance of the dtyrs property, but will also prevent erosion. I would be pleased to meet with your body at any time to further explain my plans if you so desire. Thankin ou g or any consideration, you may see fit to give this matter, I am Very truly yours, Isl 0. A. Webb 0. A. Webb After consideration of Mr. Webbts proposal as set out above, motion was made tV Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize this quarter section of land being the Northeast 4 of Section 12, Block A, Lubbock Court y, Texas, to be leased to Mr. 0. A. Webb on the-1/3-1/4 basis for a term of one year. Authorization being also hereby given for Mr. Webb to irrigate approximately 50 acres of this land from an irrigation well on his land which abuts the City's land on the North. 54-,12-364-586 Motion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize the City r s participation, in an estimated amount of $853. 61, in the widening of 22nd Street on the North side, East of Avenue Q, 61, in accordance with the Master Throughfare Plan. The property owners in this area having dedicated additional right-o fm way required for the street widening at no cost to the City and have requested that the Street be widened. The property owners agreeing to pay.all curb and gutter costs adjacent to this street widening. The property owners in this area have also agreed to widen Avenue Q, 91, at their own expense in order to provide parallel parking. This street widening to be done by City forces. 54-13- 6� 4-587 NOTICE OF ZONING HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and.to all other persons as provided by law, that the City Commission will hold a public hearing on the 9th day of December, 1954 at 2.-00 o'clock P.M. in the City Commission Room on the First Floor of the City Hall in Lubbock, Texas, to consider .the recommendations of the Zoning and Planning Commission that the Zoning district of the property herein described be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Commission will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation. ZONE CASE NO. 494 - Request of J. D. Lefbfieh to change the north 150 feet of the following described tract of lard from an "A" Zoning District to a "J" Zoning District; Beginning at a point which is 690 feet east and 50 feet north of the southwest corner of Section 16, Block A, Lubbock County.,'Texas; Thence East 300 feet Thence north 250 feet to a point; Thence west 300 feet to a point; Thence south to a 250 feet to the place of beginning (Erskine Street and Avenue X),,, point /s/ Lavenia Lowe Lavenia Lowe, City Secretary - Treasurer NOTICE OF ZONING FEARING NOTICE ie hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Commission will hold a public hearing on the 9t h day of Decembdr, 1954 at 2 o'clock P.H. in the City Commission Room on the First Floor of the City Hall in Lubbock,.Texas to consider the recommendations of the Zoning and Planning Commission that the zoning district of the property herein described be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, t1W City Commission will determine whether the Zoning Ordinance and map will be amended in accordance with such recoma�en dat ion. ZONE CASE NO. 496 - Request of Neel J. Edwards to change Lots 1 through 12, Block 1, Lincoln Heights Addition to the at y_ of Lubbock, Lubbock County, Texas, from a "B" to an CIF-1" Zoning District (34th Street and Nashville Avenue). /s / Lavenia Lowe Lavenia Lowe, City Secretary - Treasurer In accordance with the above notice of public hearing on Zone Case No. 494 and 496, said hearing was held at 2 o1clock P.M. No person appeared to protest the charge of zones as set out in the above legal notice. Mr.. Lynn Andrews appeared before the City Commission stating the the zone changes have been recommended by theZoning and Planning Commission and are in accordance with thg6ver-all plan for zoning in the City of Lubbock. Whereupon, motion was made by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize the hearing to be closed and Ordinance No. 1641 be passed on first reading. ORDINANCE NO. 1641 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 661 AND THE OFFICIAL ZCNING MP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: (1) ZONING CASE NO. 494 - CHANGE' THE NORTH 150 FEET OF A TRACT OF LAND IN THE VICINITY OF ERSKINE STREET AND AVENUE X IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE FROM AN "A" ZONING DISTRICT TO A "J" ZONING DISTRICT; (2) ZONING CASE NO. 496 - CHANGE LOTS 1 THMUGH 12, BLOCK 10 LINCQLN HEIGHTS ADDITION TO THE CITY OF LUBBOC�, LUBBOCK COUNTY, TES S, FROM A "B" TO AN 'IF-l" ZONING DISTRICT (34TH STREET AND NASHVILLE AVENUE). 5-588 It was brought to the attention of the City Commission that S-D Day (Safe Driving Day) is to be observed in Lubbock and over the entire country on December 15, 1954, and motion was made by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorizer (1) the Police Department to make an all-out effort to enforce traffic rules and regulations on this date. (2) to authorize use of a loud speaker on this day, being December 15, 19540 in the down-toun business area and on main throughfares in the City of Lubbock. 54-13-365-589 Motion by Commissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to It approve and authorize payment to J. H. Brock and Company in the amount of $1,825.00 to cover three-year Blanket Employee Position and Honesty Bond, SLO,000.00 coverage on each City Employee. Policy to become effective December 1, 1954 and to be written through the Lubbock Insurance Exchange, 54-13-365-590 Motion by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay.. to authorize payment of the following claim of A. C. Wright wherein itis authorized that Mr. Wright be paid a consideration of $359.80 to cover crop damage in connection with the City►s laying of the West Lubbock County Water Supply Line. Authorization beingfilso given that in the event the natural grass has not recovered, by re -seeding on lard covered by City►s easement, by May 30, 1956, the City of Lubbock will pay;to A. C. Wright an additional Ninety -Six Dollars and twenty cents ($96.20) for damages to pasture as full and final payment. CLAIM TO-. The City Commission Lubbock, Texas On the 13th day of May, 1954, A. C. Wright and wife Bessie A. Wright, conveyed to the City of Lubbock a water pipe line easement, which instrument is recorded in volume 533, page 404, of the D3 ed Records of Lubbock County, Texas, and the City of Lubbock by acceptance of such easement obligated itself to certain contractural obligations fully set out in such instrument, to which reference is hereto made for all purposes; and, Owns r The undersigned A. C. Wright, as owner of such property declares that by virtue of the contractural obligations as set out in such instrument, there is now owing to the owner of such property the total sum of $359.80 which I request be paid to me in full and final settlement and compromise of all contractural obligations, damages, actions and claims up to and including the date of this claim, except that natural grass has not recovered, by reseeding easement, by May 30, 1956, the City of Lubbock will pay the above owner $96.20 for damage to pasture as"full and final payment Tenant The undersigned no tenart , as tenant in possession of such property declares that by virtue of, the contractural obligations as 'set out in such instrument there is now owing to the tenant in possession of such property, the total sum of $ which I request be paid tto me in full and final settlement and compromise of all contractual obligations, damages, actions and claims up to and including the date of this claim. In those cases in which the tenant does not make a claim in the space above provided, it will be presumed that the owner is also the tenant in possession of such property or that thetenant will look solely to the owner for such payment due him and the owner will indemnify and save harmless the City from any claim which may be made by any tenant or person in possession of such property. This the 13th day of December, 1954. /s/ A. C. Wright Owner The above claim or claims were approved for payment by the City Commission on the 9 day of December, 1954. /s/ Lavenia Lowe City Secretary -Treasurer 5_4-11m-3 1 Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay,, Ordinance No. 1642 was passed on first reading. ORDINANCE NO. 1�&2 AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF NORTH -SOUTH ALLEY BETWEEN PARIS AVENUE AND AVENUE P, AND NORTH OF SECOND STREET EXTENDING TO THE SOUTH RIGHT-OF-WAY LINE OF THE PANHANDLE SANTA FE RAILWAY IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK INDICATING THE CLOSING AND ABANDONMENT OF SUCH STREET. 54-13-366-592 Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried-, Mayol- Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, Ordinance No. 1643 was passed on first reading: ORDINANCE NO. 1643 AN ORDINANCE CLOSING, VACATING AND ABANDONING THAT PORTION OF PARIS AVEDUE LYING BETWEEN THE NORTH PROPERTY LINE OF SECOND STREET AND THE SOUTH RIGHT-OF-WAY LINE OF THE PANHANDLE SANTA FE RAILWAY; DB5IGNING THE OUT LOT NUMBER OF THE PORTION OF THE STREET CIASED; AND DIRECTING THE" CITY- ENGINEER TO MARK THE OFFICIAL MAP OF THE. CITY OF LUBBOCK TO SO INDICATE. 54-13 366-593 Motion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Balser, Carpenter and Forrest voting Yea, none voting Nay, Ordinance No. 1644 was passed as an emergency measure. ORDINANCE NO. 1644 AN ORDINANCE APPROPRIATING AND DESIGNATING THAT PART AND PORTION OF BLACK 6 OF THE ORIGINAL TOWN OF LUBBOCK LYING NORTH OF THE SOUTH BUILDING LINE ESTABLISHED FOR 4TH STREET BY ORDINANCE NO. 729 AND MAKING SAME A PART AND PORTION OF 4TH STREET; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP TO SHOW THIS APPROPRIATION AND DECLARING AN EMERGENCY, 54-13-366-594 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea., none voting Nayp the following resolution was.passed: RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER TO THE PUBLIC A DEDICATION OF THAT PORTION OF BLOCK 6 OF THE ORIGINAL TOWN OF LUBBOCK LYING NORTH OF THE SOUTH BUIIDING LINE ESTABLISHED FOR 4TH STREET BY ORDINANCE NO. 729. WHEREAS, that part and portion of Block 6 of the Original Town of Lubbock lying North of the South building line established for 4th Street by Ordinance No. 729 has heretofore been appropriated and designated as a part of 4th Street in the City of Lubbock, Lubbock County, Texas, and WHEREAS, it is necessary that said land be dedicated to the public for street and highway purposes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK-. SECTION 1, That the Mayor is hereby authorized and directed to execute on behalf of the CLty of Lubbock to the Public a dedication for street and highway purposes the following described property; All that part and parcel of Block 6 of the Original Town of Lubbock lying North of the South building line designated for 4th Street in Ordinance No. 729, SECTION 2. That the City Secretary shall attest such dedication, and affix the seal of the City of Lubbock thereto. On motion of Commissioner Forrest.. seconded by Commissioner Carpenter, the foregoing resolution was passed on this the 9th day of December, 1954, by the following vote: Commissioners voting "YEA": Baker, Carpenter, Forrest and Mayor Tripp Commissioners voting "NAY" : None /s/ Murrell R. Tripp MRRRELL R. TRIPP, Mayor ATTIE T r /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer FOS/EFE DEDICATION DEED -- STATE OF TEXAS 0 0 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I That the CITY OF LUBBOCK, a Home Rule Municipal Corporation acting by andthrougrr its duly elected Mayor, MURRELL R. TRIPP, hereunto authorized by Resolution by the City of Lubbock, for and. in consideration of the benefits to be derived by the Public and said City, the land hereinafter described is hereby transferred, set -over and dedicated to the use of the Public for street and highway purposes and any other street purpose for which it may be adapted such land being described as followsr ALL that part and parcel of Block 6 of the Original Town of Lubbock lying North of the South building line designated for 4th Street in Ordinance No. 729, IN WITNESS WHEREOF the CITY OF LUBBOCK has caused its corporate name to be hereunto subscribed by its Mayor, MURRELL R. TRIPP, and its duly attested corporate seal to be affixed hereto by its Secretary, all in the City of Lubbock, Texas, this 9th day of December, 1954. CITY OF LUBBOCK BY: /s/ Murrell R. Tripp VURREIL R. TRIPP, Mayor ATTEST= /a/ Lavenia Lowe, City Secretary -Treasurer 54-13-367-595 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, Ordinance No. 1645 was passed as an emergency measure. ORDINANCE NO. 1645 AN ORDINANCE DESIGNATING AND ESTABLISHING SCHOOL ZONES AND ALTERING AND E? TABLISH- ING PRIMA FACIE SPEED LIMITS AT 150 20 AND 30 MILES PER HOUR DURING.SCHOOL HOURS IN SUCH ZONES; ESTABLISHING AND PROVIDEM FOR TRAFFIC CONTROL SIGNS IN SAID SCHOOL ZONES; DESIGNATING AND ESTABLISHING PEDESTRIAN CROSS -WALK POINTS; DEFINING SCHOOL HOURS; MAKING IT UNLAWFUL TO PASS ANOTHER VEHICLE IN SUCH ZONE; OR TO DRIVE AT A RATE OF SPEED IN EXCESS OF THE PRIMA FACIE SPEED LIMITS; OR TO PASS THROUGH A CROSS -WALK WHEN A PEDESTRIAN IS THEREIN; OR TO DEFACE, INJURE, KNOCKDOWN OR REMOVE ANY PORTABLE TRAFFIC CONTROL SIGN; PROVIDING PENALTIhi AND A SAVINGS CLAUSE; REPEALING ORDINANCES NO. 1500 AND 1534 AND ALL PARTS OF ANY ORDINANCES CONFLICTING HEREWITH; AUTHORIZING PUBLICATION OF THIS ORDINANCE; AND DECLARING.AN EMERGENCY. rl 54-13-367-596 Motion by Commissioner Baker, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize ordinances to be drafted, for presentation to the City Commission for consideration, to annex the following described lands. 1. Approximately 1/4 square mile (SW4 Survey 6, Block B) bounded on the North by the present City Limits in 42nd Street, on the East by the present City Limits being 150 feet East of EPL of Ave. A. on the South by 50th Street and on the East by Ivory Avenue. 2. Approximately 0.437 sq. miles out of the NJ of Survey 3, Block E, bounded on the North and East by the present City Limits, on the West by. College Avenue and on the South by the South line of the alley between 58th Street and 59th Street as extended from the proposed Caprock Addition. 3. Approximately 0.58 square miles out of Survey 5, 61, 28, 9,/and 7 of Block E-2, bounded on the West by a line 300 feet West of the Section Line in Slide Road from 26th St. to a point 500 feet South of the Section line of 50th Street, bounded on the South by a line 500 feet South of the Section line of 50th Street, from a point 300 feet West of the Section Line in Slide Road to the East line of Elgin Avenue as extended from the North. 4. Approximately 1/4 sq. miles (NW4 of Survey 1, Block E), bounded on the North by the Section Line in 50th Street, on the East by the East line of Ivory Avenue, on the South by a line 25 feet South of the J Section line, and on the West by the West line of Survey 1, Block E and the present City Line, 5. Approximately 1/4 sq. miles (NE1 of Survey 7, Block E-2) bounded on the North -by the present City Limits line, on the East by the Section Line in College Avenue, on the South by the South line of the alley between 58th Street and 59th Street, and on the West by the centerline of Elgin Avenue. 54-13-367-527 Motion by Wmmissioner Baker, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize the meeting of the City Commission to be held at 9 o'clock A.M. on Tuesday, December 21, 1954. This meeting to be held instead of the regular meeting on Thursday, December 23, 1954, except that a meeting will be held at 2 o'clock P.M. on Thursday, December 23, 1954, for the purpose of a zoning hearing in regard to construction of accessory buildings on corner lots. ooON N 14-Ol G, ^1-; 4• tANrir; 1,-I m � a-�r•�'co M�= , �,' C` W ,U ti'l r.! N Lt+ r1 O s• � (t CI �� t` r i ` Y+ O L L"1 O r-{ � '-� � G� v �i • r-i � Q? L � r! L'1 . + (•� �'� ['; L•1�•. C`• rr C t` t � i �' --f tL: R c7 r-+ •1 �• r-{ ri r-1� r-i H C,f I (`: r-1 � I � r, N .. t•: rr C� t- (V . � { L'l Cr' `: � M vJ ` �v:7 r-{ ci CI y; ri r-i ri c m O 4" Lrl u•. L'1 r" N -3�.G u1 D u\ M O O O r! T tT c1: u1 0 u', M w 47 t` p+ trJ cv Cn G� �:? ��,, L'J L [•� C: O N L', M O �', r•, C1! �L> .[+tj - r-• y , cr, t� ri o Ln Q'• �; i� t� O ri i r-! vJ r •. r.: •ra C F; r-i r-! r-I N. Cvl r-! •.�. , �. H N N r-{ L'l L"� C,t rt M �ti7 ri M M !, t, r E-."Ca C� l: •r( N U ^ •(� t0�l.`l O 1j tCl �CC, to N .(Ort J-+ CO r u, C•to � \J in rl t�, u\ r-I LrL1 r1 ("1- L, G` vD G` <O t-. tom- (�1 :r, M cam: Cam- +n L- C� r-; O i u, ! �• GJ O r-; ri .:?.m •�� u7 ( ^ (y u', L'1 h -t �- r� �J �^, ri in in c7 U 1 F, ri rl tt pp O O(•• C(r0 'OLi tCrP OGL`nl 0 ON 7L'1 OL•''1j•�I CLQ>1>7 �:Tt : 4i•O 0hr10 N OG.CTNN 0 �MOa LN•,I!I WrCi lo r-I in I N r! � CrM"Jl U •ri O E.-, (- C-1 U O L r oo C)G,ADo ori oCV u1L1 c00 r C7O o C OO E - I'S M vG �-r, CL; r N -C , � CT r1 (V rU c'•: r-i en N-! , O r( r { .. � C' Ell' U r-i C cn r1 � H rl 1 in O O �� r,t t`- r�r r,; •D .O-r-� r�! L +` N� C, O O �D�`\ �L u{ Gp� Cy?\ O �O v1 •� •i-i N C fJ t c'^. �(/ U , k. ~ G \UJ vG Lr\ '� ri '\ ri, C'J L:� I i (\: r-1 L'1 (' 1 { cYJ ri 11: C.. CD (; N - "- U F~ O O I'. � WO in A. iT C. 1 i L- C in C•l L: 'V v7 N O <1 i CO '•v t�• (' C-. O L'. O H C` V-\ (� : G. 0J v0 « N N N tC C: rJ r f-i Lb - C` f, P. E3 r1 r-I r-I c r-i (Il F+ Q ;1 C (� Cr U U r-i O O� r G O L, O '✓J N Q O r" t- r 0 O `.c N O ram' G �.• t: r-I CJ 4l O rd C • G� C" it, :'1 ri N R G7` t- ('i G7 (To r1 Cl! (�! G` \ C� N J1") L'l -- to �•jJj N r! 7 L- h �` � C• r N rl r r! �: O 111 C 1 ri N \ ('. C V] t� G N IN ,I`, I i• u, ll' 10 N G', G1 C\ , L•`, ri <'^, Crl cJ C E-• G, L8 r-{ C, to N -4 r- r-{ r1 v t`- �: (^ � J �: L^^, (ice (�l �t O �. (.� .! �: �Cfl 'O C\l00 y, ri (*1 N �. .,•� (VN Utco �U �� r•-A N r• (1 ]in to. N N �O - 1�D l� :f'. ('R N (v! H (n(`l r-! <,! CI ri �G C'J L'\ ^3' C•1 \ �'. N L-. rl p• (n U •� to Jr ^- r! ol t^ N CO r' rl �, t(, r-1 r'\ C': !^ y0 N J N O 1 (A P.. q �p ri (•1 (�� G: ri (•l L1 L'\ O L , c.•2 � Qa N 4', L'i ci.' L1 S: L-a Lf. u � oD. d1 �V QQ U U p� U to •� O r 4n ir1 r, ^i � C•1 rl N `* N t�l , v N n 10% NIP -r C cr.s�t� ��c"r H sC't M tM. GC,t C c1 n I m V IL I- ul V1. r l tti .t �� to p r: coODrr3 c t} a vo t :.0 t-t �-I a� c c? c . t : r• r� 0 1i rt �.:.7 V] ':3 �5.:. th s : tti1 �'� v ! rH-'1 'J I� r- r-1 Cl) M v{ C : i CE i r-i r I tom}� Cu C1 •tr� uy� in � •Ci?v [��11I O� .c5J1 tGo` QC Onri M Q CDr1 C.- Q3 t!1 }�• fl ('I 7 C RC G � J `! r �+7 vtl sc q r-i , cr. (.N VNI O r-1 U Cs "q t to O to Q to 1-1to :. • L CS '^- - �j Im tto Ito C? r� Cr C ;� u ! C� s o0 o,o 00 rl r_ O LO CG C 3 L u'• [� u1O40"rr '+ aocn L Q � s"� OCr1C.- rn O M g0toN R3 0 CG r-i C7 r--1 C' y L : H r4 N (I a, t+C yI L �i O V C M r—i tiLl Ir t:1 CCO CV, tIl Co 0� M H r-4 m sYl ,� N k G sz sz O G 00 CD 0 >~ g o 00 o O + !3] C ri L to tom. N rA H CC �nl Q CJ O rl ►Yl to `••' ! i ' C �-! M � to �! s- r Cj 0'�O f r+ r C v� /p r ] q N ut_.* a Oj C ri rJ,f ,� i •i f � to t�0 � t r— r rv, � ; O� c� u' 4 c� 1�� 'M tl n \ 0 j•E7 � � r t .O , � tMC-�� ru r 1 0! tr. Q va' nr �1 a •o{ CNc a r—i to a r-+f s o Lk cn t OD CO' O H -,t NJ C\1 U3 p� to r--! I Do t� szi t� ;A" Q � u1 O1 q0. C^Q to � � �� s` � t�! u ti J� icy .i] 0` i� r-1 LL; •G C•ia N r� (.' rs r 1 Ct C�� LY] C-! G L L d . 1� r M L L J (�! r4 C[7 CL] n ` !} 0+ -t N' 0, r1 M M `F C\1 C ! r--'. C�i k C`r M bJ C\ R1 f�! ([ti! �: 1 c. U:tt kC in O �{O Opp �qO� '1G O O� C• OC4�i CO OC •�J t1 Gto• u on L:. L :V � C� (J tti• r-I (�. Ct M ., � ❑� zo � � to aOC1 s t['" � f� ,, �. • t- o R �. ti ,-� 41 trt M t,-, ra M c` �� r'i t''� t'rl 1 j (\? S) �O rl' tit � C : � C'1 O Of t+! to Qr � :.� L C �• M n1 N �y C7` .0 O � rIJ �O �G c t c �. L1 � L rZ • u � < , u- p cr Q\ Lfj C - ^ ( 4G rl C 4 �, t 00 l- t' !! O t!-� M ! L r s �� l �rJ ri Ctt C�/ l': UC tfJ C': c"r (\' C\ f [ = u L`l 1 t''Z f N t k n + r-i [�.t C11 G7 v) w iti C1t c rA �S} Cil > ; O\ O `y] t'�! M C M H ri (! (T Cr C1\ O O Cr, C^ + G t L' 6 to O In 4� T 4� rn o ` l •d a @] F; to 4-3 Q F i U 0 U E-+ U 1ti rl iA sC o c\1 �0 rI �� p U ri ri n H 1 r-, Cn � r� m I I 0 c 2,9 u, F. 0 m -�t r4, c--, C 9 V\ tz cl al to0 M all all m pl+ CI] ;n. V_' H H 1, Ci � O 0 0 0 0 O 0 c 0 4--) j 08 N 0 err. 1 -riCQ 4 c] rl CD 0 ir Lr'1 M Cl- cl- 04 W rll m P--t_ 0 Oi P4 c O C/3 q ;7. v' tO 0 0 CA kn Ln N n 0 _3 to 1� rq fc 0 -4 lz r4 Crl rSl 1) r4 C� UN (Y) H r-1 N NO CJ r__4 0 4-3 0 (n 0 0 00 00 ulO 0 00 0 to M tL r-f to ci (7, oN __w r-I \0 �l (D Lr-\ L-- 43 H C-4 r,4 - 4T4 +3 _P X�l P4 a� fr, H 01 0 ON 0 Q) 4_� 0 m 01 -.i c- 0 0 8 cli vo co all r-1 to if\ (',,I N r_q ino %Z __4 1-00 � N' �D H rl cl\ 0� cl,% x: c� CO 0) UN - W r-1 H I Fi H �5j G) r -P r-i-1 q cv c\? C.I M 0 (_3 >lo 0 0 0 0 cq ri r-i CIN �o %.L) r-i H 0 C) ,a .rl (D C� 0 1-4 11) Di CIO zt M -t C-o 1.0 S 0 Cr ci ff to to %0 < ri tz cla -4 O va L_ -41 to 0 f 0 f4 (f) C.) (D 'Ci r-i H rl 0 0 IV 0 C-1 H i 4_3 4-3 U3 0 U) 0 0 r-i ¢ C7 ra (D C-% ro 0 _-iz 1 Lrl, 0 C) -P Fi 'i ��! r-i C-) c W p r-1 4-) ri C., c,- CD cl, Cr 9 0.) i� rl C L S q; (D c- 0) •ri Wi 0 r_i V^ W t1i ;-4 4-� G 0 L'i kC. Cl! wl. -H , r4l Lr; c- cf; ce, r O CC1 L- 0 V) CQ F t t 0 Co F F, m P, 1r O En F i lc: cl i>4 4-) 0 -r-t H LI) 4-3 Q) r_, ®r -) 1 o JS JE� r_ 4 v 0 0 C C2 o 0 0 0 0 a +) U:. 4-:, 0 0 0 c C. 0 0 G C_1 Ct �. (T L'' r--1 t" i• M � Dr' G\ � cr N V �• CG L m %.D C7__ iC_; 04 10 +� Ll1 C11 Lr`, I� � r-t \0 � crl m ri C' . c 0 O �1� Q CY { CAI M � L• 1 I , 00 C l, r\ O O OO ir e�; C O r-f C C_- :+2 � TLr9 ii, 13\ C- N W .^ CY\ G t0 N O ri r ! 'S ! ] Cn r� G 1? ! � c3 o C,1 0r0', O C C c (-!If ro�s O Q9G G `t-.•, ^1 � cl-I •! C 1 N .i: Fc, f-- to rl M CO �� Cf\ L • O 1O C: !` (12 ti0 CI\ Ll ul N L•1 �: {`• r-{ 0 �f) r r-i r-i C\1 N rul C O i0 (,! .^. 1 I C\1 o O ZOJ C\t Lr\ kn c�!'rl rd O ,� O CU i Ll O !� C\1 0 r1 -4 (1) x 1 _ . L ,-1 CT L 4D Cr\ t''l r•i C*1 I CYl �: .L H r-1 1.0 CV N Cn N .`4 to cr" O U >� _ F( - 3 O al O U \C 1t Ll CDO CJ CDL\ L1 pul I)m Oto C7\ t` dC C li �' G\ �G CS cq \7U 1 o .. F� H-) J J C17 �' .J t: -• u (J r 1 O C W r,! 4 \ u1 C\! m 'Ci C7 CT 0. O7 A N L!1 O N O r-1 tl- (u ON ,r c\ • U O O ai �. • -" s i O C, Ll J C Ci r i O 0 �� �:J CDO O S� -v' - C.)O� C)'t rj [ (� CL L' L C'� C! •: 1 r--i�.�' v7 r-i C1 ID;, i \J _ * r`. HC � rl C', r J i- C_ Sr r-! t"� O O ri L:; [�• (� C'rl ? r-i C`i (�( C`1 �.' i� G C .. - k �� t Ln '� •rl -IJ 1 C .- Q 4) O M : O O ✓� r-i �i -i-� •ri O r'i rr CC• 1-Hn [ 3 .J V > U O Fr • •rf U F O - rC m M r•1 H C: S7 c .� rX: •ri 'v •,-I rl rl ti.:. r-1 f. •ri O f-: H H ri ^ C, 'C% Cd O P, C) rn F-+ +' y o a. fa r-1 r-{ d� F in i� 5:� C'•'1 OEQ C: C C', (-: G� O L: i!? •r' r-{ rl r1 �' :`C r-4 H ' Q .' O fi• •:j G ri •r l cl) C N C'. rzi [: N r-i = N ri S� -' •a; 2, H r- C rl N •r: .-d. _' •ri tL' rlCt 14 •'i Cn Ft3 • r �-: Cn r{ r C17 ra cam. H tx. :C (•"1 r1 � Cr'1 r i 1 r{ r-i ri After consideration of all bids, motion was made by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissicners Baker, Carpenter, and Forrest vat ing Yea, none voting Nay, to authorize the purchase to be made as follows: 4-13-368-i-600 Accept the bid of 0. B. Anderson Companylbr purchase of items 2, 3, and 7. Accept the bid of R and A Supply Company for purchase of items 9, 10, ll, 12 and 13. Purchase was not made of item 1. Bids as follows were read for purchase of miscellaneous electric hardware, being Bid No. 752. 1 0 -4 nt G rr, o� ❑ C? rV Co . to r1' l C G �. 1 rf G ,' �1 M lCS �• C+ in G1'•� rl f; +a'•. r-i CY cr\ r t 1 to 5a c >~ U tt ck O • i `C7 ri r i O B t, rl .rI ri1 ¢1 r'� C11 O O O O O n e_ c 03 to r•� Ca a C O C CIC' a, d �D �. O t7� Qk •. F 1 r :? +O ram, G CS {� [� r-i C7 .iJ f i l!1 C*1 r• . a`, ul U iJ r i r U { 1 U I D H u { t p o CO O D:� r� to C r 1 L`l 00 G� CC G C C] O O ❑. T[ I= to 0J� of O v k: CL i [�! x] C] �C1 u� u� chi •L, i-,1 .Li C" rl� ri (� C-• ` r-i C'1 '�'� r-} �i tr' r�l C`- 1 r-I �G` i r! �: L '-Li C1.? L^^, ifl ,-I Q •1 a•] ' j [` L'� :!1 L�j �.. C7J [•'S �. �. ` HC" r•1 _ U r r-- 4 0 r �o oo(o''� ooa�o c��rr� � � � �o w � ' K �. C.-N 171 .[] fS O CSC{ L� G , u7 r t ti QCN `\ � Caf1 y / Cl) C"I Cep OO Q 11 XI Cr'. ^ cl� in m 0 rr. Q `� c7 r-- �7 s r-i t_ , CZJ p[ CV r-i l .. ri r-j pp F-1 PU P. U N U d) Q) O L.� • rCl-\ - N 0 rn r){ O j OU V1 C 2 r o 0 7 Q, �Qn� O CL Lr r-1 w : r-I •�3 r\ C l at , rs U `,r�.�?r �T^ �-r1 Q:�`p U O C} Q� C7 O Q aa; r� o .o'I, oc7Io c�Nc �+ _.J (� r-i O cc, r-i O O 110 - C �J OC 2 i t (V L`1 tl, -� t"i ri ['^ `. ,'"{ C!�to y� t` • t O rum • \ L �� r i� i GQ r +r, i\e I ' I, M = Q r- H (` ♦�.: C1 � l"�\ ¢ L[I iti Cj = O.. r{ 11��+ U r i p rq i L: ri . r f 4r\ t> O (•� O O O O 8 G G 0 6' Q fV C. O` -a C) 09 it ra c- 4-7 r--i _ J ! +-) C U ' 4y C CJUl i-) �3 O � -P r!= 4- �. � r .1 ...rC.{ [�+\ >✓� edl r•i ee C7 •r-i r❑ r C r z •r`i C •r' p' L C•i-'i ti� tom] • U P art C 41 IF +> 1 fs"' RJ y += CC _ C 4. ti C7 P. C[ CCr tL r i �Qr� 1. Qr �� r-i s c o❑o ar ao� aw o o+= 'r, L. 4--1 0 t'7 d1 i i_ .',7 U C.•. .}7 0 ta: ~ r,_ C7 + [ La C G'j �. , - S .. 0 c- c o c • >;z �; c 4-) 4-1 Q -Y. IT C r4 t� -rq •ri •r-t 4-D r. lii F--i -Sr; am 0 r-4U r--i \,)I cc 0.1 R C r-i `D C) ul N Cd --Zt L) 4-3 C) (YN Ml n P- n M -iJ, C\j CQ C) r11 I Q) 4-:1 U r4 r-i m (n o ❑ r-A c J r-1 v A U., C., P, C) C'; r-i O 0 Q c' x 1 ri Sri .H OQ 9) 1.0 r-1 0 cd tO r4 it 0 0 0 'r\ ZL,-. L) �i CL) V., 0 0 rl. 0 4.) 41 -H 0 7j 'D op -P e4 > LO Q) cr Q.) CD u) F-i I-- .11 !> cf) C) 0 U- C E- r. C) C) ct 0 H H t-A After consideration of all bids, motion was made by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, to authorize the purchase to be made as follows: - Accept the bid of Abbott t s Meter Laboratory for purchase of items 1 and 9. Accept the bid of Nelson's Electric Supply Company for purchase of items 2, 3, 12, 13 and 14. Accept the bid of Westinghouse Electric Supply Company for purchase of items 4 and 5. Accept the bid of Electrical Supply Corporation for purchase of items b, 8, 10 and 11. Accept the bid of R and A Supply Company for purchase of item 7. 5 0 J CCA cl, In Ito V� Lo CA CV O 4-3 4-1 10 .rj pa oi Cv CCrI 0 p to] to Cj 0 [-In 8 -J) Ito 0 0 Ito p 0 cc f'" u) L) c )7! 0 "I Cc) sc L11 I ON C) 01 ON N 0 4"•N C., C\l C\z m H pc� 0 14 0 rl v-, 0 a-- 0 -P 0 H Cs 0 C ll� C� T 0 to 0 O 0 CC\ o q rD Ts rl C. I Q V1, C 'n 0 c 0c C"s (� C� -j 0 ri CD 0 0 Cti (14 (N Lrl "1 0 CD � C4 CD, IT- C�l cl M �0- r. C\1 0 rrl 4) 11) 4% N GC Fi Cj 0 ri -H 0 N H C-. Cq +) u ol \C k.0 T. C4 F 0 Ff10u c F.- 0 00 co 0 cl H O 0 14 v4 n 41 Y-4 0 j 0 0 N L121 V P.) C) ion ul (12 Ll cl, 4- r4 C; X ri U 4- , rq 4= 0' 0 T! A A n. C, U H 0 0 0 0 �c 0 0 -j 0 % If) 1�1 0 IC4 c- C+ UH (% 0 r,7 0 ri tu 'D C CD Q 11 lr� 112 0 r-1 cl, Lo cq ILI 0 0 rl- a 0 I" cin to lr\ 10 10 L) �o c H r-i H r-i C), Z C) loo LrN N 0 H r-j r-i U co V 41 •O�l r-. C:; o c H C) , CL)c3 - -P �z — M 0 4) 0 0 C", C. 41 V ri C, a) U -i C_) 0 41 -i Q) C" .c V4 4) N � r 4-' -1 L. c H ul -4 rr r. p s:: �o EO �u ol �c L Cq P E CY F. b- t. 0 H. 0 cN c, u) c, 41) a) 9 C, (lq U, G� 1. P 0 c Er V 0 U I CD ll IV +) 0 +: +� ,E a) 0 0 c 0 C_ H C, C) C I: P• a) m ov C) LZ 4� d Ll op C- Q 41 r-i IV 1:t C� 41 IZ C ::5 -j 0 0 C, C. C. C LI. r: r. s, c 0% C-1 cr, cr C 4� c m 9� E-- 0 C, 41 r-1 C' Ir 41 0 4' r 0 &w; ri. JO C-) 4) G D I 54-13 368-R-602 Bids as follows were read for purchase of trucks, being four truck chasis for Sanitation Department, 1 truck for Water Department, 1 truck for Water Department, 1 truck for animal shelter Department, being Bid No. 758. Q) r-i -i 1; ", L, r-i 1 rl fi. Cl fA, I� C'. I N 47 V) C> H 011 H its to m -P -P -P 4-3 80 0 29 tlIN -) - N W 1, c r- C) a) 4-D C) W 4-) 0 r-� H Q0 to H .0 0 n C) -P4 0 0 Q) 4-) Q) -r -ri� 4-) -ri (1) -4 J. C) H rl 4-= -4-D M r-4 0 -3 -4 -P F--4 0 C) F-- E- r.0 co rn. a) -0 co ci 11 rj 0 C5 0 1 ul x- P, +1 E- .-) H i� C) w w .4 U N G, E W W H 1�4 cr, F-I • -H Q) 0 LP 2 ai iJ C3'o -H o 0 C) 14C E "-I 5�; - rz vj 4-) 4 +D Ln co .rl �4 -P r--i :1: • 0 4--) L) Cr] 0 4-D -4 4-3 r-i In U) C-1) a c'; - -,t :� 0 1 f-: 0 4l (1) C, r V N ri 0- S2 t- 4-1 ;>v c "; r 0 lr� Z4, -4 In rt. 0 0 bn f) P, k o a) --0 N 0 4) m w (1) (v 0 ^ i s L7 4:i n! F-I +) Qy r-i ON to to r 4-� Q is V) Cl.' Ci S, p H t-4 (1) --1 -ld C-1 c �4 �o '%' H to -P C� —4 a) 4') 7' i4L r4 u .1- -r-4 4-.) -r-t > C) w 0 0 C) cj 4,: zr 't5 c- Cl) 4A C) EO C) ?t "-f cr, E- c Q) U, sT- -;�,* C Fl F, (1) cl: -P 4= Er, .3f C�, Ct-, H Li En 4-) m 0 0 p 0) P C. t•i: CJ tc C C13 C: 9 -H (1) 0 a) T-1 Er r i 1: F 1. -4 (. -T1 t mv 0 ru r7' -P (t) C., co G, c to r4 1- 2-, k If. C- -r4 IL c c +-- c N k LO r-I r-. a) V -P L) 0 Q c E7' • C, 0 C3 En C. r-i i Ln 4-) 0 C-i F-i f- t -- Q) r-j M lc�l 141 IC -1.1;J-4 �-P Z Q ;> 4; Q F tf, I rn C: 0 C 43 "-1 -H :1 -4-2 L) P- 0 rti r-i F-4 C) 4:1 16 (V 'M rn C. N 0 C� (N (11 C,c H ("N (�N CL) +) 0) CO :a. • In. on t) C, 4-7 0 4� C,� 0 C) 0 to r- CIN \D •riIV Cu C\l rl to ril cz CNICJ cli 0 U 4� WN rl X r-I.I 0 C, 0 C; Q41) +W) � 0 1-4 IS 41 r-I 4� C', LO M H r-I 6 C, to En co to r-q 0 4-) 0 4J -H 12 ca M LO to 4� H V3 -H � -P i, Q -H 0 r 0 A_ V, 0 J4 m cQ . S, -H c- r- H ;> 'Ci 0 4� +) H Z t 0 C. 0 c 4-1 • -H 4-) -El '0 r-i C) (r. !q r-) H 0 r-4 T 10 0 —1 C) p 0 li 9=4 4) li w c 0 CD c 0 P� 4) $:4 1 0; 1" -q ;� m C, U) E-1 4-) 4) t-q () 0 +) -i r-i 4- 4) to - H 4) a, ri d) C --Zt Iri C\j H+) P. r-q -P P. H Bm C- t rij 0.pm M 0: Z4- O p O r C� 4� 'i q Up rl CD J. i4 0) 0 Cl- H 9 -H 10 aV. 4� L i. Ol to 4� 4> 4) r) 4) PC) 4- 12 -4 W, 4S CC ;H (D C -H C) p CO Q) 4� JL4 cz 4� •1� j C., 10 . 0 Lv F- 4� 4-) bJ F4 W 0 to CC H C. o, Q) !4 — .1) H k +) 0 C' a) -j -H " to to tr" -i ul tf) V o) ul -4: ul C., L CD 4� 0: 0 47 C� Erl rr.. A K- � LrN k t7. C, Sri +) -I rJ) E- C IT, C', No further business coming up for consideration by the City Commission, they recessed to meet December 16, 1954, at 400 P.M. Read and approved, this the 27th day of January, 1955. tevm�enla. Lowe City ecretary-Treasurer 0