HomeMy WebLinkAboutMinutes - City Council - Regular - 3/26/1953153-11-411-.823
REGULAR MEETING Lubbock, Texas
March 26, 1953
The City Commission of the City of Lubbock, Texas, met in regular session at 10:00 A.M.
at the regular meeting place in the City Hall, the following members, thereof, being present
to -wit :
Mayor Murrell R. T*p, Commissioners Harry Morris, Hurley Carpenter, L. E. Davis, and Lucian
Thomas, City Manager Steve Matthews, City Attorney Vaughn E. Wilson, City Secretary -Treasurer
Lavenia Lowe.
Absent: None
The Minutes of account allowed from Warrant No. 3630-F through Warrant No. 4635-F, both
inclusive, were read and upon motion by Commissioner Carpenter, seconded by Commissioner
Davis,motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas
voting Yea, none voting Nay, they were approved.
Ordinance No. 1338 was presented to the City Commission. This Ordinance was authorized
published on February 11, 1953 and was published in the Lubbock Morning Avalanche, on
February 22, 1953, Ordinance No. 1338 is an ordinance to annex territory located between
the Slide Road and Utica Avenue, and the north boundary line of the Panhandle and Santa
Fe Railroad at 26th Street. On this date, March 26, 1953, the ordinance came up for
"Hearing" and consideration for passage on first reading. The Hearing was held and no
citizens appeared to protest the territory being annexed into the City Limits, whereupon,
motion was made by Commissioner Morris, seconded by Commissioner Davis, motion carried,
Mayor Tripp and Commissioners Marais, Carpenter, Davis and Thomas voting Yea, none voting
Nay, that the hearing be closed and Ordinance No. 1338 be passed on first reading. The
caption of Ordinance No. 1338 follows:
ORDINANCE NO. 1338
AN ORDINANCE ANNEXING AN AREA AND TERRITORY ABUTTING AND ADJACENT TO THE LIMITS OF THE
CITY OF LUBBOCK, SAID AREA AND TERRITORY BEING ALL OF THAT PORTION OF THE SOUTH ONE-HALF
(S/2) OF SURVEY SEVENTEEN (17.), BLOCK "B", LUBBOCK COUNTY, TEXAS SITUATED NORTH AND T&ST
OF THE NORTH RIGHT-OF-WAY LINE OF THE PANHANDLE AND SANTA FE RAILWAY C)MPANYIS SEAGRAVES
BRANCH RIGHT-OF-WAY; THE EAST SIXTY FEET (601) OF THE SOUTH ONE-HALF (S/2) OF SURVEY FIVE..
(5), BLOCK E-2, LUBBOCK COUNTY, TEXAS THAT IS NORTH AND WEST OF THE NORTH RIGHT-OF-WAY LINE
OF THE PANHANDLE AND SANTA FE RAILWAY COMPANPS SEAGRAVES BRANCH RIGHT-OF-WAY, SAID LANDS
INCLUDED BEING FULLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; PROVIDING
FOR THE EXTENSION OF THE CITY'S IMaTS AND CORPORATE BOUNDARIES OF THE CITY OF LUBBOCK-
PROVIDING FOR PUBLICATION AND FINAL PASSAGE UNDER THE PROVISIONS OF SECTION .1-A, ARTICLE I,
CHAPTER 1, OF THE CITY OF LUBBOCK AND EXTENDING THE CITY LIMITS TO INCLUDE ALL OF SAID AREA
DESCRIBED IN THE BODY OF THIS ORDINANCE.
Ordinance No. 1339 was presented to the City Commission. This Ordinance was authorized
published on February 11, 1953, and was published in the Lubbock Morning Avalanche, on
February 22, 1953. The Ordinance is to annex territory lying in the east and southeast
part of Lubbock to include Memorial Park Cemetery, Lubbock Cemetery, and property lying
north of east 19th and West of Guava Avenue , also land designated as park for Negro People.
On this date, March 26, 1953, Hearing was held by the City Commission, C. E. Flake appeared
requesting that the area known as Flake Addition and being located in Survey 4, Block 0,
Lubbock County, Texas, situ&ted south and east of the present City Limits line,not be
annexed at this time, Mr. Flake requesting that the area not be annexed until 1960. Mr.
Flake filed a petition signed by approximately 91 _ people requesting that the area not
be annexed.
B. G. Lokey of 1672 Idalou High's appeared before the bity Commission requesting
that his property not be annexed into theCityLimits at this tiros.
M. 0. Taylor, of 1017 Date Street, appeared before the City Commission requesting
that the territory as set out in Ordinance No. 1339 be annexed into City Limits.
After consideration of the above request, motion was made by Commissioner Morris, seconded
by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter,
Davis and Thomas voting Yea, none voting Nay, that the hearing on Ordinance No. 1339 be
closed and the ordinance be passed on first reading. The caption of Ordinance No. 1339
follows:
ORDINANCE NO. 1339
AN ORDINANCE ANNEXING AN AREA AND MiRITORY ABUTTING AND ADJAUENT TO THE LIMITS OF THE
CITY OF LUBBOCK, SAUAREA AND TERRITORY COMPRISING THAT PORTION OF SURVEY 6, BLOCK B,
LUBBOCK COUNTY, TEXAS, WHICH IS SOUTH AND EAST OF THE PRESENT CITY LIMITS LINT, THE SOUTH
LINE OF SAID TRACT BEING 25 FEET SOUTH OF THITORTH ONE. -HALF SECTION LINE OF SAID SURVEY 60
BLOCK B; THE NOfT H ONE-HALF OF SECTION 4, BLOCK B, LUBBOCK COUNTY, TEXAS; ALL THAT TRACT
OF LAND BEING A PART OF SURVEY 3, BLOCK B, LUBBOCK COUNTY, TEXAS, SITUATED EAST OF THE
PRESENT CITY LIMITS LINE AND WEST OF THE WEST PROPERTY LINE OF THE "ROCKING All RANCH
PROPERTY WHICH RUNS GENERALLY ALONG THE WEST CANYON RIM; THE TRACT OF LAND BEING ALL OF
SURVEY 5, BLOCK B, LUBBOCK COUNTY, TEXAS, THAT IS NORTH AND EAST OF THE PRESENT CITY LIMITS
LINE; THE TRACT OF LAND BEING ALL OF SRRVEY 3, BLOCK 0, LUBBOCK COUNTY, TEXAS, THAT IS SOUTH
AND EAST OF THE PRESENT CITY LIMITS LINE; THE TRACT OF LAND BEING ALL OF SURVEY 4, BLOCK 0,
LUBBOCK COUNTY, TEXAS, SITUATED SOUTH AND EAST OF THE PRESENT CITY LIMITS LINE; THE WEST
30 FEET OF SURVEY 5, BLOC; 0, LUBBOCK COUNTY, TEXAS; THE TRACT OF LAND MEASURING 320 FEET
NORTH AND SOUTH AND 30 FEET EAST AND WEST OUT OF THE SOUTHWEST CORNER OF SURVEY 3, BLOCK A,
BEING EAST OF THE PRESENT CITY LIMITS LINE OF LUBBOCK, TEXAS; ALSO OTHER LANDS INCLUDED WITH-
IN THE METES AND BOUNDS DESCRIPTION IN THE BODY OF THIS ORDINANCE ; ALL AS DESCRIBED BY
METES AND BOUHIIS IN THE BODY OF THIS ORDINANCE; PROVIDING FOR THE EXTENSION OF THE CITY
LIMITS IND CORPORATE BOUNDARIES OF THE CITY OF LUBBOCK; PROVIDING FOR PUBLICATION AND FINAL
PASSAGE UNDER THE PROVISIONS OF SECTION 3A, ARTICLE I, CHAPTER ONE OF THE CHARTER OF TIE
CITY OF LUBBOCK, AND EXTENDING THE CITY LIMITS TO INCLUDE ALL OF SAID AREA DESCRIBED IN THE
BOW OF- THIS ORDINANCE.
53-11-412-824 Motion by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Ma Tripp
and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nagy, Ordinance
No. 1342 was passed on third -and final reading.
ORDINANCE NO. 13V
AN ORDINANCE AMENDING SECTION TWO (2) OF ORDINANCE NO. 654, AS AMENDED 13Y ORDINANCE NO.
703 ENTITLED, "AN ORDINANCE TO AMEND ORDINANCE NO. 654 PASSED BYW CITY COMMISSION OF THE
CITY OF LUBBOCK AT ITS SECOND AND FINAL READING NOVEQ[BER 40 1940, THE SAME BEING AN ORDINANCE
GRANTING A FRANCHISE TO J. A. FORTENBERRY AND RAY FARMER TO OPERATE -A BUS LINE IN THFOAME OF
LUBBOCK BUS COMPANY WITHIN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, UPON ITS STREETS,
ALLEYS AND PUBLIC THOROUGHFARES; SAID ORDINANCE BEING AMENDED BY AMENDING SECTION TWO(2.)
THEREOF SO AS TO CHANGE THE ANNUAL FRANCHISE TAX FROM $25.00 FOR EACH BUS OPERATED BY THE
GRANTEES TO TWO PER CENT (2%) OF THE ANNUAL CROSS RECEIPTS OF THE LUBBOCK BUS COMPANY RECEIVED
BY IT FROM ITS OPERATIONS ON THE STREErI ALLEYS AND THOROUGHFARES OF THE CITY OF LUBBOCK AND
FURTHER AMENDING SAID ORDINANCE NO. 654 BY ADDING THERETO SECTION 2-A PROVIDING FOR THE
QUATERLY PAYMENT OF SAID FRANCHISE TAX AND STIPULATING THE TIME AND DATE OF SAID QUATERLY
PAYMENT AND EXCLUDINCM THE GROSS RECEIPTS OF SAID GRANTEE ALL RECEIPTS RECEIVED BY
GRANTEES FROM THE OPERATION OF SCHOOL BUSES; IN D PROVIDING THAT EXCEPT AS AMENDED ORDINANCE
NO. 654 SHALL IN ALL OTHER RESPECTS REMAIN IN FULL FORCE AND EFFEOT;" SO AS TO ADD THERETO
SECTION 2-B PROVIDING FOR THE SUSPENSION OF THE IMPOSITION OF SUCH TWO PER CENT (2%) ANNUAL
GROSS RECEIPTS TAX BY RESOLUTION OF THE CITY COMMISSION FOR ANY PERIOD EXTENDING TO SUCH TIME
AS SUCH FRANCHISE TAX MAY BE REIMPOSED BY THE CITY COMMISSION; PROVIDING FOR PUBLICATION OF
THIS ORDINANCE TO EFFECT AMENDMENT TO FRANCHISE OF THE LUBBOCK BUS COMPANY.
53-11-412-825 Motion by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp
and Commissioners Morris, ent Carper, Davis and Thomas voting Yea, none voting Nay, the
following Resolution was passed.
R E S O L U T I O N
A RESOLUTION SUSPENDING THE TWO EEIjCEN T (2%) ANNUAL GROSS RECEIPTS FRANCHISE TAX IMPOSED
BY ORDINANCE NO. 654, AS AMENDED; MAKING EFFECTIVE. DATE OF THE PROVISIONS OF THIS RESOLUTION.
WHEREAS, the franchise with the Lubbock Bus Company has been recently amended to permit
the City Commission within its descrabion to suspend the imposition of the two per cent (2%)
annual gross receipts franchise tax; and,
WHEREAS, the City Commission has received an application by the Lubbock Bus Company to
suspend said tax for an indefinite period and the City Commission finds, after due and
reasonable consideration of the benefit to the public, the operating losses of the Lubbock
Bus -Company under its franchise, and the value of said franchise, that it would be in the
public interest to suspend the imposition of said franchise as hereinbelow provided;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. That on and after the effective date of this Resolution the two per cent
(2%) annual gross receipts franchise -tax shall be suspended until such time as the City
Commission shall, by resolution, reimpose and reinstate such tax.
SECTION 2. This Resolution shall become effective from and after the lst day of
April, 1953.
ACID IT IS SO ORDERED.
On motion of Commissioner Davis, seconded by Commissioner Thomas, the foregoing
Resolution was approved -and ,passed on this 26th day of March 1953, by the following vote:
Commissioners voting "YEA": Carpenter, Davis, Morris, Thomas and Mayor Tripp
Commissioners voting "NAY": None
/s/ Murrell R. Tripp
MURRELL R. TRIPP, Mayor
ATTEST:
/a/ Lavenia Lowe
Lavenia Lowe, City Secretary -Treasurer
53-11-413-826 Motion by Commissioner Davis,seconded by Commissions
and Commissioners Morris, Carpenter, Davis and Thomas
No. 1348 was passed on second and final reading.
ORDINANCE NO. 1348
r Carpenter, motion carried, Mayor Tripp
voting Yea, none voting Nay, Ordinance
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 661 AND THE OFFICIAL ZONING MAP OF THE
CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: (1) ZONING CASE #418 - CHANCE LOTS 14
THROUGH 19, BLOCK 8, MCCRUM EN 2D ADDITION, FROM "B" TO "F" ZONING DISTRICT (22D STREET AND
AVENUE Q): (2) ZONING CASE #420 - CHANG4ftEtROPERTY BEGINuING AT A POINT 685 FEET WEST AND
140 FEET NORTH OF THE SOUTHEAST CORNER OF SECTION 7, BLOCK B, TTRR; THENCE NORTH 557 FEET;
THENCE WEST 635 FEET; THENCE SOUTH 557 FEET; THENCE EAST 635 FEET TO THE PLACE OF BEMNING,
FROM AN "H" AND "C" DISTRICT TO THE "J"BJNING DISTRICT; (3) ZCNING CA&Agl - CHANGE ALL
OF BLACK 2, MCMILLAN HEIGHTS INSTALLMENT #1, FROKI THE "A" DISTRICT TO THE "C" DISTRICT
(INDIANA AVENUE AND COLGATE STREET).
53-11-413-827 Motion by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Mayor Tripp
and Commissioners Morris, Carpenter, Davis and Thomas, voting Yea, none voting Nay, Ordinance
No. 1349 was passed on second and final reading.
ORDINANCE NO. 1349
AN ORDINANCE REVOKING THE PROVISIONS OF ORDINANCE NO. 690, FINALLY PASSED MARCH 25,1943,
BEING ENTITLED: "AN ORDINANCE CREATING AND ESTABLISHING A DEPARTMENT OF MUNICIPAL GOVERNMENT
TO THE CITY OF LUBBOCK TO BE KNOWN AS THE DEPARTMENT OF RECREATION; CREATING A RECREATION
COUNCIL AND PRESCRIBING ITS DUTIES AND PROVIDING FOR FINANCQNG THE DEPARTMENT.!'
5 11- -828 Motion by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp
and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance
No. 1350 was passed as an emergency measure.
�2-11-413-830
ORDINAN CE 13 50
AN ORDINANCE ESTABLISMG LOADING ZONES ON THE NORTH SIDE OF THE 800 BLOCK OF 16TH
STREET AND ON THE EAST SIDE OF AVENUE "L"; REPEALING ALL CONFLICTING ORDINANCES; AUTHORIZING
PAINTING OF CURBS; AND DECLARING AN EMERGENCY.
Motion by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp
and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance
No. 1351 was passed as an emergency measure.
ORDINANCE NO. 1351
AN ORDINANCE AUTHORIZING THE REMOVAL OF CERTAIN PARKING METERS; REPEALING ALL CONFLICT-
ING ORDINANCES; AND DECLARING AN EMERGENCY. t s- j-
Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp
and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, 6rdinance
No. 1352 was passed as an emergency measure.
ORDINANCE NO. 13 52
AN ORDINANCE AMENDING SECTION 23, SECTION 8, SECTION 22 AND SECTION; 15 OF ORDINANCE
N0.564, THEREBY CREATING CERTM ONE -HOUR PARALLEL PARKING METER ZONES; AUTHCRIZING INSTALLA-
TI010F CERTAIN PARKING METERS; REPEALING ALL CONFLICTING ORDINANCE; AUTHORIZING PUBLICATION;
AND DECLARING AN EMERGENCY.
53-11-413-831 Motion by Commissioner Davis,'seconded by
and Commissioners Morris, Carpenter, Davis
No. 1353 was passed on first reading.
53-11-413-832
Commissioner Thomas, motion carried, Mayor Tripp
and Thomas voting Yea, none voting Nay, Ordinance
ORDINANCE NO. 1353
AN ORDINANCE REQUIRING PRESENTATION OF CERTIFICATES OF SURVEYORS OR LICENSED ENGINEERS
RELATING TO LOT BOUNDARIES PRIOR TO FIRST INSPECTION OF PROPOSED BUILDING SITE.
Motion by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp
and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance
No. 1354 was passed as an emergency measure.
ORDINANCE NO. 1354
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 1148 TO INCLUDE INAAID SECTION AND
AUTHORIZING THE ESTABLISHMENT., ERECTION AND MAINTENANCE OF MECHANICAL TRAFFIC CONTROL LIGHTS
AT CERTAIN INTERSECTIONS AND CROSSINGS IN THE CITY OF LUBBOCK; AND DECLARING AN EMERGENCY.
c3-11-414--833 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp
and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting lay, Ordinance
No. 1355 was passed as an emergency measure.
ORDNANCE NO. 1355
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 110 TO INCLUDE IN SAID SECTION AND
AUTHORIZING THE HSTABLISHMBNT , ERECTION AND MAINTENANCE OF MECHANICIAL TRAFFIC CONTROL LIGHTS
AT CERTAIN INTERSECTIONS AND CROSSINGS IN THE CITY OF LUBBOCK; ANb DECLARING AN EMERGENCY.
�3-11-414-84 This being the date set for hearing on paving of 86 blocks of residential streets and widening
and improving 6 blocks known as General Work Order No. 721, contract for said paving having
been awarded to Warren and Purtell, Incorporated, on February 26, 1953, said hearing was
held. No person appeared to protest this street improvement work, whereupon motion was made
by Commissioner Carpenter, seconded by Commissioner Morris, motion carried, Mayor Tripp and
Commission rs Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, that the
hearing be closed and Ordinance No. 1356 be passed on first reading.
ORDINANCE NO. 1356
M 21
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING
A PORTION OF AUBURN STREET, 28TH STREET, MEMPHIS AVENUE, 42ND STREET, 64TH STREET, AVENUE V,
36TH STREET, DETROIT AVENUE, 22ND WACE, 40TH STREET, JOLIET AVENUE, 41ST STREET, MEMPHIS
AVENUE, 41ST STREET, JUNIPER AVENUE, 37TH STREET, 38TH STREET, AVENUE P, 36T8 STREET, 35TH
STREET, AVENUE G, QUAKER AVENUE, 21ST STREET, 36TH STREET., 47TH STREET, CRLANDO AVENUE,
FORDHAM STREET, AVENUE U, 46TH STREET, AVENUE P, NORTH AKRON AVENUE, ATHENS AVENUE, E. 31ST
STREET, NASHVILLE AVENUE, 37TH STREET, 35TH STREET, 47TH STREET, AVENUE D, AVENUE G, 60TH
STREET, ORLANDO AVENUE, 48TH STREET, 58TH STREET, LOUISVILLE AVENUE, INCLUDING WIDENING OF
AVENUE H AND AVENUE K, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING
ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF 07HER
SUNDRY STREETS, HIGHWAYS, AVENUES AND/CR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG
THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE
ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS.
3-11,04.-835 Motion by Commissioner Morris,seconded by Commissioner Davis, mot ion,carried, Mayor Tripp
and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the
following Resolution was passed.
RESOLUTI[N
WHEREAS, 0. H. Pope iAhe lessee of one L. E. Brown on all that property known as the
Northwest One-fourth (NW4) of Section 5, Block E, Lubbock County, Texas, and the said
0. H. Pope is residing on such tract of land and there are no existing natural gas servicing
facilities in any alley or street abutting said property; and,
WHEREAS, the said 0. H. Pope is desirous of running a private nautural gas pipeline from
the nearest nail gas main from which the above property can be served, and in order to run
said private natural gas pipeline it will be necessary to use a portion of a public alley and
streets; NOW, THEREFORE, _
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK,.
SECTION 1. That, subject to the hereinafter stated terms and conditions 0. H. Pope be,
and he is hereby granted a license to lay and construct a private natural gas pipeline situated
in a portion ofAn alley and Avenue J and 66th Streets, further descti-bed as follows. -
BEGINNING at the West Texas Gas Company's natUnal gas main located in the
alley North of 66th Street and East of Avenue J in the City of Lubbock ,
Lubbock County, Texas;
TLUCE North across said alley to the gas meter located in the Southwest
Corner of Lot 5, Block 1 (One), Circle View Addition;
THENCE West to a point eight feet (81) distant from the West boundary line
of LA 5, Block 1 (One), Circle View Addition;
TfMNCE South parallel to the East right-of-way line of Avenue J and eight
feet (81) distant therefrom and continuing South across 66th Street to the
North line of Section 5, Block E;
THENCE continuing in the Northwest One-fourth (NW�) of Section 5, Block E
to connect with an irrigation well located approximately 293 feet South
of and 413 feet East of the point at which the said gas pipeline enters
the Northwest One-fourth (NA) of Section 5, Block E;
It is further contemplated that a "T" joint shall run off of such natural
gas pipeline to connect with the residence of 0. H. Pope facing Avenue H,
all being in the County of Lubbock, State of Texas•
SECTION 2, Said Licensee shall pay to the City as compertaation for said license the sum
of One Dollar 31.00) per year for the duration of said license, which shall be a period
running from year to year, subject to the right of the City to cancel to revoke said license
upon thirty (30) days' notice, with or without cause.
it
SECTION 3, Licensee shall indemnify and save harmless the City from any and all claims,
losses, damages and ejapense of every nature which the City may incur or bbeecpmeeaiable for,
resulting from the constructing., laying., and maintenance of said private P_line.
SECTION 4. Liceen-see shall bear thq6ntire cost of ditching and laying said pipeline
and in refilling said ditch. The ditching, laying pipeline -and replacing of dirt therein
shall be done under the supervision of the City Wineer,and the work shall be done at a
lime subject to approval by said Engineer. The Licensee shall provide and erect such
barricades, warning signs, and other safety devices, under the supervision and as directed
by said City Engineer, and the Licensee shall pay all cost incidental to such supervision.
SECTION 5. Licensee shall lay said pipeline at a minumum depth of four (4) feet under
street grade, as determined by the City Engineer, and said pipeline shall not exceed a
maximum of two (2) inches in diameter.
SECTION 6. At such time as the license should be cancelled or revoked, the private
natural gas pipeline as laid and constructed under the license, shall become the property of
the City of Lubbock.
SECTION 7. The licenm and privilege granted therein shall not be transferable, in
whole or in part, except upon written consent of the City of Lubbock in each instance.
SECTION 8. The license shil grant to the said 0. H. Pope the right to transport natural
gas through said pipeline for the limited purpose of running one irrigation well and serving
his residence for domestic use as hereinbefore described in Section 1, and shall not be
distributed or sold to any other persons or used for any other purposes than as herein
stated on said property. Licensee shall be expressly prohibited from making any connections
onto said private natural gas pipeline in accordance with said license at any point thereon
except as herein otherwise stated and said pipeline shall be constructed for the sole
purpose of supplying power for the existing water well and residence as hereinbefore designated.
SECTION 9. In the event any holder of a franchise to use the streets and alleys for
distribution of natural gas in the City of Lubbock shall ever extend its lines along and
through any alley or street abutting the above mentioned, property leased by said 0. H. Pope,
and said franchise holder can service said property, then in that event, the said Licensee
shall, within a reasonable time thereafter, abandon the use of the private natural gas
pipeline contemplated within the terms of this Resolution and License Agreement, and shall
obtain service from such line so running through an alley or street abutting said property.
On motion of Commissioner Morris,Reconded by Commissioner Davis, the foreAping
Resolution was approved and amassed/this 26th day of March, 1953, by the following vote:
Commissioners voting "YEA": Carpenter, Davis, Morris, Thomas and Mayor Tripp
Commissioners voting "NAY": None
/s/ Murrell R. Tripp
ATTEST: MURRFJi L R. TRIPP, Mayor
/a/ Lavenia Lowe
Lavenia Lowe, City Secretary -Treasurer
CAM:RR
3-26-53
STREET - USE LICENSE TO
0. H. POPE
This LICENSE made the 26th day of March, 1953 between the CITY OF LUBBOCK, a Home Rule
Municipal Corporation, hereinafter called "City", and 0. H. POPE, of Lubbock County, Texas,
hereinafter called "Licensee".
W I T N E S S E T H:
THAT the parties hereto, for the considerations hereinafter expressed, covenant and agree
as follows:
1. That subject to the hereinafter stated terms and conditions 0. H. Pope, be, and he
is herby granted a lice3se to lay and construct a private natural gas pipeline situated in a
portion of an alley and Avenue J and both Streets, further described as follows. -
BEGINNING at the West Texas Gas Company's natural gas main located in the
alley North of 66th Street and East of Avenue J in the City of Lubbock,
Lubbock County, Texas;
THENC39 North across said alley to the gas meter located in the Southwest
Corner of Lot 5, Block 1 (One ), Circle View Addition;
THENCE West to a point eight feet (81) distant from the West boundayy line
of Lot 5, Block 1 (One), Circle View Addition;
THENCE South parallel to the East right-of-way line of Avenue J and eight
feet (81) distant therefrom and continuing South across 66th Street to
the North line of Section 5, Block E;
THENCE continuing in the Northwest One-fourth (NW�) of Section 5, Block E
to connect with an irrigation well located approximately 293 feet South
of and 413 feet East of the point at which the said gas pipeline enters th+
Northwest one-fourth (NWT of Section 5, Block E;
It is further cntemplated that a SIT" joint shall run off of such natural
gas pipeline to connect with the residence of 0. H. Pope facing Avenue H.
all being in the County of.Lubbock, State of Texas.
2. Licensee shall pay to the City of Lubbock as compensation for said license the sum
of One Dollar (1.00) per year for the duration of said license, which shall run for a period
of year to year, PROVIDED, HOWEVER, the City may resaoke or cancel said license, with or with-
out casue, by giving written notice to Licensee that said License has been cancelled or revok-
ed, and said notice shall be concclLusively presumed to be properLT served if same be delivered to
Licensee or any other person at the property hereinabove described, or mailed to Licensee
at his last known address, said notice of cancellation or revocation to be effective thirty
(30) days from date thereof; and Licensee convenants that upo4 receipt of said notice or upon
expiration of the time stated in said not ice,the private natural gas pipeline shall become the
property of the City of Lubbock. 1I
3. Licensee shall indeminfy and save harmless at all time the City of Lubbock6gainst
and pay in full all loss, dams a or expense that the City of Lubbock may sustain, incur,
or become liable for, resultir4lin any manner from the construction, maintenance, use, state
of repair or presence of said natural gas pipeline, including any such Moss, damage or
expense arising out of (a) loss of or damage to property; (b).injury to or death of persons;
(c)mcechanics or other liens of any character; or (d) taxes or assessments of any)find.
4. Licensee shall at his own cost, and subject to the supervision and control of the
City Engineer of the City of Lubbock, locate, construct and maintain said private natural
gas pipeline in such a manner and of such material that it will not at any time be a source of
danger to or interference with existing or future roadbeds or property of the City of Lubbock
of the safe operation of a public road over and across said private natural gas pipeline.
The ditching, laying and refilling of said private natural gas pipeline shall be done at a
time subject to the approval of said Engineer, and the Licensee shall provide and erect such
barricades, wad signs and other safety devices under the supervision and as directed by
said City Engineer, and the Licensee shall pay all costs incidental to such supervision.
5. Licensee shall lay and construct said private natural gas pipeline at a minumum
depth of four (4) feet, as establsihed and determined by the ity Engineer.
6. The private natural gas pipeline shall not exceed a maximum of two inches (211) in
diameter, and Licensee shall use this pipeline solely for carrying natural gas through said
pipeline for the limited purpose of a source of power for the existing water well and for
domestic use on the premises listed by him as her-ttnbefore d6bitnated; and Licensee shall
not distribute or sell to any other persons or use said natural gas as transported through
said natural gas pipeline for any other purposes than theselhereinbelesignated and
existing on said property being the Northwest One-fourth (NW�) of Section 5, Block E. Licensee
is hereby expressly prohibited from making any connections onto said natural gas pipeline
as laid in accordance with said license at any point thereon except as hereinbefore designated
in section 1 (one), and said pipeline shall be used only for these purposes hereinbefore
designated and existing on said premises.
7. This licanse and privilege shall not be transferable in whole or in part, and shall
not enure to the benefit of any other person than Licensee except upon express written consent
of the Cior.
8. In the event any holder of a franshise to use the streets and alleys for distribution
of natural gas in the City of Lubbock shall ever extend its lines along and through. any alley
or street abutting the above mentioned property owned by said Licensee and said franchise
holder can service said property from such street or alley, then in that event Licensee
shall, within a reasonable time thereafter, abandon the use of said private natural gas pipe-
line and shall obtain service from such franchise holder's line so running through an alley
or street abutting said property.
9. All the covenants and provisions of this instrument shall be binding upon and enure
to the benefit 6f the successors, legal representatives, assigns, heirs and administrators of
the parties hereto/dig same extent and effect as the same are binding upon and enure to the
benefit of the parties hereto, but no assignment hereof by Licensee, his heirs and
administrators or assigns or any subsequent assiMee shall be binding upon the City of Lubbock
without written consent of the City of Lubbock in each instance, as herein provided.
IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate the day and
year first above written.
ATTEST:
/s/ Lavenia Lowe
Lavenia Lowe, City Secretary -Treasurer
CYTY OF LUBBO
By: s Murre
Murrell R
0. H. POPE
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas,
on this day personally appeared MURRELL R. TRIPP, known to re 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 26th day of March, A. D. 1953.
/s/ Maxine McCandless
(SEAL) NOTARY PUBLIC, Lubbock County, Texas.
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned, authority a Notary Public in and for said County, Texas, on
this day personally appeared 0. H. POPE, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this , day of , A.D.,1953.
(SEAL)
NOTARY PUBLIC, Lubbock County, Texas.
53-11-417-836 Motion by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripj nd
Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the following
Resolution was passed.
L U T I 0 N
A RESOLUTION DEFINING THE PAVING POLICY OF THFCITY OF LUBBOCK., TEXAS, IN REGARD TO STREETS
DEDICATED UNDER THE PROVISIONS OF CITY ORDINANCE NO. 1331, "SUBDIVISION REGULATIONS", PASSED
ON THE 22ND DAY CF JAN UARY, 1953, AND MODIFYING, REAFFIRMING, AND RE -DEFINING THE SAVING POLICY
OF THE CITY OF LUBBOCK, HERETOFORE AND NOW BEING FOLLOWED IN REGARD TO STREETS NH ICH ARE NOT
DEDICATED UNDER THE PROVISIONS OF SAID ORDINANCE.
WHEREAS, on the 22nd day of January, 1953,,the City Commission passed Ordinance No. 1331
a provision of which requires that street improvements on all streets within or abutting a
proposed subdivision either be constructed according to City standards and specifications or
be provided for by cash deposit or surety bond securing to the City the estimated cost of such
improvements prior to the acceptance of the final plat W that the cost be borne by the aub-
divider other than the City participation in the cost under the provisions of than existing
paving policies, and such policies or policy needs to be defined, and,
i, WHEREAS, the provisions of Ordinance No. 1331 which require paving improvements on all
streets or portions thereof or money deposits or surety bond in lieu of such improvements
conflict with the existing city policy which require that proposed street improvements connect
with existing improvements and that complete lengths and widths of blocks only be paved, and
such city policy needs to be modified to abolisYYsaid conflict, and,
WHEREAS, streets or portion§iave previously been dedicated which are not now paved and
streets or portions, thereof may be dedicated in the future which are not under the provisions
of said subdivision Ordinance, and the existing paving policy now being followed in regard
to the improvement of such streets or portions thereof needd to be slightly modified, reaffirmed
and re -defined, and,
WHEREAS, the terms and provisions of aha pier ld6 of the Acts of the 40th Legislature of
the State of Texas and amendments thereto roh i-ch have been adopted as an amendment to an
a part of the Charter of the City of Lubbock, give the City the power by Ordinance to assess
property and owners thereof all of the cost of constructing, reconstructing, repairing and
resigning curbs, gutters and sidewalks, and whereas, the City of Lubbock has heretofore assessed
the abutting property and owners thereof for only a portion of the cost of the complete curb
and gutter, and in the interests of public ecomomw, such partial curb and gutter assessment
policy needs to be changed to a policy whereby the entire cost of the curb and gutter section f
is assessed the abutting property and owners thereof, THEREFORE, `
BE IT RESOLVED BY THE CITY COMMISSION OF LUBBOCK, TEXAS. -
I.
THAT, the Cityts proportionate cost on all streets or on all portions thereof other than
those designated on the Maater Thoroughfare Plan of the City of Lubbock as either a collector
street, a major street, a semi -freeway, or a freeway which are completely within a subdivision
and which are dedicated by virtue of such subdivision under the provisions of Ordinance No. 1331
shall be the cost of the engineering involved, including plans and specifications, costs and
estimated, staking, supervision and inspection.
n.
1
THAT, the City's proportionate cost on all streets or on all portions thereof which are
designated on the Master Thoroughfare Plan of the City of Lubbock as either a major street,
a semi -freeway, or a freeway which are completely within a subdivision and which are dedicated
by virtue of such subdivision under the provisions of Ordinance No. 1331 shall be the cost
of the engineering involved as given above plus the entire cost of the first improvement stage
of construction in excess of the cost of thirty (30) foot wide pavement in residential zones
or in excess of the cost of fifty-five (55) foot wide pavement in commercial or industrial
zones. Where such thoroughfares abut or border a new subdivision, the subdivider shall be
permitted to construct or provide for one-half of the first improvement stage, only, and the
City's proportionate cost shall be the cost of the engineering involved plus the entire cost of
one-half of the first improvement stage of construction in excess of the cost of fifteen (15)
foot wide pavement in residential zones or in excess of the cost of twenty-seven and one-half
(27.5) foot wide pavement in commercial or industrial zones.
THAT, the City's proportionate cost on all streets or on all portions thereof which are
designated on the Master Thoroughfare Plan of the City of Lubbock as collector streets which
are completely within a subdivision and which are dedicated by virtte of such subdivision
undepthe provisions of Ordinance No. 1331 shall be the cost of the engineering involved in
commercial or industrial zones and shall be the cost of the engineering involved plus the
cost of the pavement in excess of the cost of thirty (30) foot wide pavement in residential
zones. Where such collector streets abut or border a new subdivision, money in the amount
Jme46pon the City Engineer's estimate must be deposited in escrow by the subdivider for
his proportionate cost of one-half of the width of future pavement in order to satisfy
the provisions of Ordinance No. 1331 as set forth below.
IV.
THAT, for all collector or leasser streets or portions thereof which abut or border a
subdivision and which are dedicated either to the full width or to a partial width by virtue
of such subdivision under the provisions of Ordinance No.Ml, the paving of which street is
a single stage operation, money in the amount based upon the City Engineer's estimate must be
deposited in escrow by the subdivider for his proportionate cost of one-half of the width of
future pavement on said streets or portions thereof in order to satisfy the provisions of
Ordinance No. 1331 and the policies established by this resolution. When the property owner's
proportionate cost of both halves of such streets has been provided for in a manner satisfactory
to the City, such collector or lesser streets shall be place on a construction schedule which
is to be determined by the City Engineer. A paving petition shall be all that is necessary
from owners of property which is not affected by Ordinance No. 1331 hnd which is on the
opposite side of such streets bordering a subdivision in order to secure placement of said
streets on a paving program when said escrow deposits as described above have been made by the
subdivider.
V.
THAT, the City Engineer'3 estimate of the money deposited in escrow by the subdivider
for his proportionate cost of one-half of the width of futire paving improvements, referred
to above, shall be based on current bid prices at the time the estimate is made. No
adjustment shall be made either to the City or to the subdivider in case of variation between
the actual successful bid prices received at the time of award of contract and the estimated
bid prices. Similarly, no adjustment shall be made either to the City or to the subdivider
in case of variation between the actual qua&ties of improvements constructed and the
estimated quantities of improvements to be constructed. The City's Budget Funds will be
credited or charged with any difference between estimated and actual costs at the time of the
acceptance of the actual improvements, and no monetary adjustment shall be made to the sub-
divider. This escrow money shall be kept in a special account and shall not be released to
the City's General Fund until the paving improvements have been completed and accepted by the
City Commission.
VI.
THAT, a subdivider may dedicate additional width for a special marginal access road
adjacent to a major street or to a semi -freeway, in which case if said dedication is
encouraged by the City Planning Department, the subdivider may meet the paving requirements
of Ordinance No. 1331 either by constructing or providing for by surety bond or cash deposit
the paving improvements on said special marginal access road only. The City's proportionate
cost of such special marginal access road construction adjacent to a major street or semi -
freeway , in addition to the engineering involved, shall also include the entire cost of the
pavement width in excess of fifteen (15) feet in residential zones and/or in excess of twenty-
seven and one-half (27.5) feet in commercial or industrial zones.
VII.
THAT, the existing city policy of requiring all new street improvements to connect with
existing improvements be excepted and modified to the extent that a subdivider need not nonnect
paving improvements in his subdivision with existing pavt%gRJ8fwhere it is not possible to do
so without going more than an intersection or portion/beyon the subdivision limits. In
case paving an intersection or a -portion thereof beyonq*he subdivision limits is required to
connect with existing pavement, the city shall bear the entire cost of paving improvements in
the intersection or portion thereof beyond the dubsivision limits. The existing city policy
of requiring that no partial block lengths be improved shall be excepted and modified to the
,7
extent that a subdivider may construct paving improvements for a partial block length where
it is not possible to ty
ruct the complete block length without going beyond the subdivision
limits. The existing/po of requiring that no partial street widths be improved shall
be excepted and modified to the extent/that a subdivider may construct, as previously set
forth in this.resolution, partial widths on major streets, semi -freeways, and freeways which
are thus desiggated on the Master Thoroughfare Plan of the City of Lubbock. To the owners
of property which abuts the remaining portions of the block length or the reining portion
of the street width, whether such property is regulated by the provisions of Urdinance 1331
or not, these same exceptance in regard to complete widths and lengths shall necessarily
apply. No exceptions or modifications shall be allowed not hereinabove described.
VIII.
THAT, the existing city policy of paving cost distribution, as set out in a resolution
passed.on the 25th day of January, 1951, in respect to the city and property owners pro-
portionate costs of paving improvements, specifically in reference to the side and front
rates, on streets or on portions thereof not dedicated by virtue of subdivisions made under
the provisions of Ordinance No. 1331, be and is hereby reaffirmed subject to tie change in
regard to curb and gutter assessment as -set forth in Section IX of this resolution and that
the City Engineer be and is hereby directed to continue such policy affecting such streets
of portions thereof and abutting property thereof. The existing city policy of paying the
entire cost of pavement within excess of the cost of thirty (30) feet in residential zones
and/or in excess of the cost of fifty --five (55) feet in commercial or industrial zones on
those streets designated as collector streets, major streets, semi -freeways and freeways on
the Master Thoroughfare Plan of the City of Lubbock, -in addition to the City proportionate
cost, referred to above , on the remaining thirty (30) apd/or fifty-five (55) feet widths,
be and is hereby reaffirmed and that the City Engineer be and is hereby directed to continue
such policy affecting such streets or portions thereof and abutting property thereof.
IX.
THAT, the present policy of assessing property abutting a street being improved for
only a portion of the entire cost of the.curb and gutter be changed to a policy of assessment
of such property for the entire cost of the curb and gutter where said street or portion
thereof is not dedicated under the provisions of Ordinance No. 1331 and where a portion of
or all of the abutting property is assessed for a portion of the cost of paving improvements.
X.
THAT, when it is necessary to widen existing pavement, none of the above policies shall
apply and the proportionate costs to be borne by the City and by the '
property owners shall be determined by the City Commission-. Similarly, when any other paving
improvements are proposed for construction on city streets, highways and/or avenues which
are of special nature and which do not dorrespond to the above situations, none of the above
policies shall apply and the poarpolKionate costs to be borne by the City and by the property
owners shall be determined by the City Commission.
Xi.
THAT, where the City Commission finds that extraordinary hardships may result from strict
compliance with this policy , the policy may be varied so t hat. substantial justice may be
done and the public interest secured, providing that such variation will not have the effect
of nullifying the intent and purpose of this policy.
M.
This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 26th day of March 1953.
/s/ Murrell R. Tripp,
Murrell R. Tripp, Mairor
ATTEST:
/s/ Lavenia Lowe
Lavenia Lowe, City Secretary
APPROVED:
/s/ Vaughn E. Wilson
Vaughn E. Wilson, City Attorney
APPROVED:
/s/ W. B. Holmes
W. B. Holmes, City Engineer
E3-11-49-837 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion- carried, Mayor Tripp
and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the follow%•
ing Resolution was passed.
RESOLUTION
WHEREAS, by Ordinance No. 1058 of the City Commission passed on February 22, 1951 and
recorded in Volume 432, page 334 of the Deed Records of Lubbock County, Texas, filed on
February 27, 1951, in connection with the paving of Avenue U south of Erskine Street, being
a portion of Paving Unit No. 1163 assessed a lien against the south 522.5 feet of the west
300 feet of the north 542.5 feet of Block 89, Roberts and McWhorter Addition in Lubbock,
Lubbock County, Texas; and,
WHEREAS, it has been discovered that such description is in error and should have been described
as the south 522.5 feet of the west 300 feet of the north 572.5 feet of Block 89, Roberts
and McWhorter Addition in Lubbock, Lubbock County, Texas; and,
WHEREAS, aftei7fiuch original assessment was filed in the Deed Records of Lubbock County,
Texas, constituting a cloud and apparent lien, all of such paving was -completed, but during such
intervening time the Canyon Park Subdivision of said Block 89 was platted and recorded after
the original assessments were recorded and the final assessment rolls of the City of Lubbock
were reduced by the width of two (2) dedicated streets in such Addition. The final assessment
rolls carrying the following descriptions:
The South 94.16 feet of the West 300 feet of the North 114.16 feet of
Block 89; and the South 290.84 feet of the West 300 feet of the North
455 feet of Block 89; and the South 27.5 feet of the West 300 feet of
the North 542.5 feet of Block 89, Roberts and McWhorter Addition, Lubbock,
Lubbock County, Texas; and,
WHEREAS, errors in such descriptions have been discovered, such descriptions should have
read respectively as follows:
The South 94.16 feet of the West 300 feet of the North 1".16 feet of Block 89;
the South 290.84 feet of the West 300 feet of the North 485 feet of Block
89; and the Souto
27.50 feet of the West 300 feet of the North 572.5 feet of Block 89,
respectively, of the Roberts and McWhorter Addition, Lubbock, Lubbock County,
Texas; and,
WHEREAS, the original assessment, as contained in the Ordinance heretofore herein
designated, was assessed against one M. D. Lane in the original amount of $3,932.58, such amount
being in excess of that amount which was actually assessed by the final assessment rolls,
such final assessment being against the said M. D. Lane in the amount of $3,142.67, which last
amount constituted a lien on all those properties listed in the final assessment rolls; and..
WHEREAS, such amount of $3,142.67 has been fully paid to those parties holding title to
such assessment liens and such responsible parties have heretofore executed a full and final
release according to the incorrect descr*di.bns listed in the final assessment roll; and,
WHEREAS, the City Commission finds that due to such incorrect descriptions and the platting of
the Canyon Park Subdivision that there are probable clouds on title to such land, and in order
to remove any and all clouds on title on such property that the City of Lubbock should join
with all those parties which had an interest in the liens thus created and released, being
Warren and Purtell, Inc., Municipal Investment Corporation, and the Citizens National Bank of
Lubbock, Texas, in the execution of a new, full and final release on all that property origin-
ally assessed; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COMNIISSION OF THE CITY OF LUBBOCK.-
SECTION 1. That the City Engineer be, and he is hereby authorized and directed to correct
the original and final assessment rolls to comply with the corrected descriptions set out in
this Resolution.
SECTION 2. That the Mayor be, and he is hereby authorized and directed to join with
Warren and Purtell, Inc., the Municipal Investment Corporation, and the Citizens National
Bank in a new, full and final release, releasing the hereinafter described tract of land
from any and all assessment liens created by virtue of the premises and acknowledge full
and final payment to the City of Lubbock for said paving done abutting the following de-
scribed tract of land which should have been assessed, being further described as follows,
to -wit :
BEING all that tract or parcel of land known and described as the South
522.5 feet of the West 300 feet of the North 572.5 feet of Block 89,
Roberts and McWhorter Addition to the City of Lubbock, Lubbock County, Texas.
On motion of Commissioner Davis, seconded by Commissioner Carpenter, the foregoing
Resolution was unanimously passed by vote of the City Commission this 26th day March, 1953.
js/ Murrell R. Tripp
Murrell R. Tripp, Mayor ok:VEW
ATTEST:
/s/ Lavenia Lowe
Lavenia Lowe, City Secretary -Treasurer
CAN:rr
3.-21-53
53-11-421-838 Motion by Commissioner Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripp
and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the
following Resolution was passed.
R E S O L U T I O N
WHEREAS, the Commission has had excellent experience in approximately thirty (30)
annexations within the past several years by using the methods of annexation now permitted
by law and the City's charter, with a minimum of expense; and,
WHEREAS, Senate Bill 89 by Rogers and Senate Bill 172 by Phillips are now pending
passage, and an analysis of these proposed laws indicates that these Bills will saddle the
City of Lubbock and its people with a tedious, costly and burdensome method and procrdure
in making additional annexations which, in the opinion of this Commission, should/be
imposed upon this city or any other city in Texas; THEWORE,
BE IT RESOLVED BY THE CITY C0101ISSION OF THE CITY OF LUBBOCK;
THAT the Commission go on record as opposing these two Bills and urge that they be
defeated.
On motion of Commissioner Morris, seconded by Commissioner Thomas, the foregoing
Resolution was passed by unanimous vote of the City Commission this 26th day of March, 1953.
/s/ Murrrell R. Tripp
MURRELL R. TRIPP, Mayor ok:VEW
ATTEST:
/s/ Lavenia Lowe
Lavenia Lowe, City Secretary -Treasurer
VEW:sv
3-25-53
Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor
Tripp and Commissioners Morris,,Carpent er, Davis and Thomas voting Yea, none voting Nay, to
authorize extension of electric service into the 4300 block between 43rd and 45th Streets.
Payment for extension to be made from Electric Budgeted Funds.
Estimated cost of line $1,017.26
Estimated cost of transformers installation 23.58
Total estimated cost 1#040.84
There was discussion of the City discontinuing doing private survey work, and motion was
made by Commissioner Morris, seconded by Commissioner Carpenter, motion carried, Mayor Tripp
and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to
authorize a Resolution to be presented to the City Commission at their next regular meeting
to authorize discontinuance of private surveying. The said Resolution to require that all
companies doing surveying in the City Limits of the City of Lubbock file copies of each
survey made, with City Engineering Department.
�3-11-421-841 There was discussion of the proposal of A. P. Edwards, Joe Thompson and Edwin Merriman wherein
they requested the City sell them the surface rights on 445.85 acres of City land located
immediately south of;Lhe new Country Club site and just east of north Colll:ge Avenue, for
a consideration of $67,750.00, said proposal would give the purchaser the right to drill
water wells on this land for domestic use. After consideration of this proposal, motion
was made by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor
Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay,
to REJECT the proposal.
53-11-421-842 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp
and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to
authorize the Mayor to execute the following lease contract between the City of Lubbock and
the Lubbock Little Theatre. The land leased to the Lubbock Little Theatre being located
between 24th and 27th Streets on Avenue Q. The term of lease being for a period of 20
years from March 26, 1953,
LEASE CONTRACT
THE STATE OF TEXAS 0
COUNTY OF LUBBOCK 0
KNOW ALL MEN BY THESE PRESENTS
THAT the following agreement made and entered into this the 26th day oaf March
and between the CITY OF LUBBOCK, a body corporate acting by md through its officers there -
unto duly authorized, and the LUBBOCK LITTLE -THEATRE, a private non-profit corporation,
acting by and through its officers thereunto duly authorizeds
W I T N E S S E T H:
THAT for and in consideration of the sum of ONE AND NO/100 ($1,00) DOLLARS to
it in hand paid, the receipt of which is hereby acknowledged and confessed, the CITY OF
LUBBOCK does hereby Lease and Let to the LUBBOCK LITTLE THEATRE the following described
lot, tract or parcel of land situated between 24th and 27th Streets on Avenue Q in Lubbock,
Texas, described as follows:
BEGINNING at a point which is 510 feet South of the Northeast corner of Block
Twenty -Three (23) of the McCrummen's Second Addition to the City of Lubbock,
Lubbock County, Texas, said.point being the Northeast comer of this tract;
THENCE West a distance of 175 feet to a point;
THENCE South a distance of 140 feet to a point;
THENCE East a distance of 175 feet to a point;
THENCE North a distance of 140 -feet to the PLACE OF BEGINNING.
for a period of twenty (20) years, beginning the 26th day of March, 1953 and terminating at
midnight the 25th day of March, 1973, The Lessee shall have an option to extend this
lease for a period of twenty (20) years from midnight of the 25th day of March, 1973, for
such consideration as the parties may then mutually agree upon.
This Lease is made upon the following terms and conditions, to -wit:
THE LUBBOCK LITTLE THEATRE shall use the above described property for the purposes of
carrying on its activities as a Little Theatre group, and for Purposes of other non-profit
civic affairs as will promote a public recreation program. It is expressly agreed and under-
stood by the parties hereto that the land leased herein and the building to be placed thereon
are not to be used for commercial, purposes.
This Lease shall terminate on the land leased herein, and all improvements placed thereon
by the LUBBOCK LITTLE THEATRE shall become the property of the CITY OF LUBBOCK if the land
leased herein and the building to bebuilt thereon arq(ised for any purpose other than that
stated herein; or if abandoned for the uses stated herein or otherwise abandoned; or if used
for commercial purposes.
The LUBBOCK LITTLE THEATRE agrees to construct a building suitable for their purposes
on the above described property without cost to the CITY OF LUBBOCK, and upon the expiration
of this Lease all improvements placed upon said property by the LUBBOCK LITTLE THEATRE -
shall be and become the property of the CITY OF LUBBOCK.
THE LUBBOCK LITTLE THEATRE will maintain any and all buildings placed upon said property
during the term of this Lease.
The CITY OF LUBBOCK will maintain the grounds surrounding said buildings without cost
to the LUBBOCK LITTLE THEATRE so long as such maintenance is consistent with the maintenance
required by the adjacent City park area, but in the event the CITY OF LUBBOCK disposes of
the adjacent City park area or abandons it for park purposes or in any manner uses said
adjacent park area so, that ntenance of the LUBBOCK LITTLE THEATRE property would -require-
special maintenance inconsistent with the maintenance of the adjacent park area, then and in
that event the LUBBOCK LITTLE THEATRE will maintain said grounds without cost to the CITY OF
LUBBOCK.
THT<S LEASE EXECUTED IN DUPLICATE in Lubbock, Texas, this the 26th day of March, A.D.,1953.
CITY OF LUBBOCK, Lessor
BY; /s/ Murrell R. Tripp ok:VEW
Murrell R. Tripp, Mayor
ATTEST:
/s/ Lavenia Lowe
Lavenia Lowe, City Secretary -Treasurer
LUBBOCK LITTLE THEATRE, Lessor
BY:
Mary T. Caldwell, President
ATTEST:
Mrs. John Robert Moxley, Secretary
I�
`` U-11. 422-845
I�
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County,
day personally appeared MURRELL R. TRIPP, known to me to be the person whose name
scribed to the foregoing instrument, and acknowledged to me that heexecuted the
act deed of the CITY OF LUBBOCK, Texas and as MAYOR thereof, for the purposes and
ation therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 26th day of March, A. D. 1953.
(SEAL)
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Texas, on this
is sub -
same as the
consider- I�
/_sl Maxine McCandless
Notary Public, Lubbock County,
Texas.
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas,
on this day personally appeared MARY T. CALDWELL, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that she executed the
same as the act and deed of the LUBBOCK LITTLE THEATRE and as President thereof, for the
purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS day of March, A.D. 1953.
Notary Public, Lubbock County,
Texas.
(SEAL)
Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp
and Commissioners Morris, Carpent er, Davis and Thomas voting Yea, none voting Nay, to approve
and authorize paymentof final estimate to R. L. Edwards, contractor for landscaping
improvements, K. N. Clapp, TAP&e amount of $8,736.00, the improvement to this area consists
ofAilling between Avenue U and Avenue W from 45th to 46th Streets in order to bring this
ground above estimated highwater level. The estimated cost of this project was $7,280.00,
the over -run being -due to filling an additional small area that was not included in the
original estimate. Payment to be made from Park Bond Funds. This projedt being known as
G. W. 0. #719.
Motion by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Tripp
and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to
approve payment to R. B. Gardner, contractor, on Sewage Treatment Plant improvements,
-G. W. 0. #681, for a portion of the retained percentage on this contract. The retained
percentage being in the amount of $12,285,072 and the amount hereby authorized paid being
$102285907. The balance of this payment in the amount of $2,000 be held bythe City until
final acceptance of this work.
The following letter was received from J. A. Noble, Chief Engineer of the Panhandle and
Santa Fe Railroad Company:
March 16, 1953
Mr. Steve Matthews
City Manager
Lubbock, Texas
Dear Mr. Matthews:
I am sure you are acquainted , at least in a general way, with our plans for developing
some property north of Eckine Street which we secured from Mr. Walker Stanton and I am
attaching hereto a plan showing this property and our present scheme for developing it.
Before going any further with the matter we need to know what position th9tity of Lubbock
would take with respect to the following questions.
1. Are you willing to have this property brought into the City of Lubbock?
2. If so, is the plan attached to this letter, labeled Industrial Property
North of Lubbock, Marnels, Texas, Revised March 12, 1953, satisfactory to the eity?
3. Will you be in a position to furnish us water and give us a connection to
sanitary and storm sewers? If so, will this be done under the provisions of
Ordinance No. 1190 or if not, on what terms?
4. It is possible we will not want to develop all of this property at one time and
may not want to dedicate all of the streets at once. I assume there will be
no objection on the part of the City if the project is done in this manner.
Will you please say as to this?
3-11-424-846
5. If the City is agreeable to the proposals suggested in the foregoing,
please tell me what steps we should take to have the property incorporated
in the City.
Any suggestions you/hWff in connection with the matter will be appreciated and if you
think it desirable I will be glad to come down and talk with you about it.
Sincerely,
/s/ J. A. Noble
J. A. Noble
Mr. Noble requested in the above letter advice as to whether or not the City is willing
to annex the Santa Fe Industrial Property north of Erskine Street in north Lubbock. After
consideration of Mr. Noble's letter, motion was made by Commissioner Carpenter, seconded by
Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and
Thomas voting Yea, none voting Nay, that this matter be referred to the City Planning Board
for consideration and recommendation.
March 4, 1953
Mr. Steve Matthews
City Manager
Lubbock, Texas
Dear Steve:
In accordance with our telephone conversation, I present herewith a summary of a unique
situation which has arisen, and in which we would greatly appreciate theAid of the City,
if such aid can be tendered.
In February, 1952, T. J. Davis, a building contractor, took an option on 16 lots in the Ben
Dixon Sub -division, an addition to the City of Lubbock, Lubbock County, Texas. At that time,
there were no utilities adjacent to the lots. The option extended for a year, and it was the
intention of the parties that houses be built. on these lots, and that the property be
sold.
Following the execution of the sales cantracts, Mr. Davis proceeded, at his expense, to pay
the pro rats charge per front foot for the installation of water and sewer service to these
lots, at a cost to Mr. Davis of approximately $2, 600.00. Bear in mind that at the time the
utilities were installed, Mr. Davis did not own the lots., but merely had a contract to
purchase them. In this contract, nothing is said one way or _the other about the utilities.
Nothing in the contract indicates that Mr. Davis meant to furnish the utilities as gift,
so to speak, to the property owners, and nothing indicates that there was any obligations
on the part of the property owners to reimburse Mr. Davis for the utilities installed. The
property owners were simply to receive a flat price per lot, "as is", without utilities.
Subsequent to the installation of the uti�i.ties, the financial situation made it so that Mr.
Davis could not continue with this project, and the sales contract ,expired.
The situation which now ccnionts us -is this: The property owner's do not feel like they
have to reimburse Mr. Davis for the cost df gaterbnd sewer installed; the City, on the
other hand, since it has received its pro rata front foot, does not (according to the
City Engineer's office) have authority to make any collection of any kind from the lot
owner at the time the lot owner ties on to the utilities which a e now installed; and the
effect of this is to give the ].at owners a free ride so far as utility installation is con-
cerned, which, so far as the contract between Davis and the lot owners shows, was never
intended.
No houses have been erected on the lots, and not taps have been put on the utility lines.
Bearing in mind that the owner has never paid any pro rata front foot charge for utility
installation, T wonder if something could be worked out where the owner could be charged such
pro rata costs at the time he taps the line, and such pro rata charge refunded to Mr. Davis
as and when it is ever paid by the owners.
This situation is unique, and Mr. Davis' conduct was no doubt illconsiderate (so far as I can
tell, he was 4cting without the advice of counsel), but we would greatly appreciate any help
you might be able to give along this line. If proper , I would be glad to discuss the matter
with the City Commission at some convenient time.
RB: jt
Respectfully,
s/ Roy Bass
ROY BASS
In accordance withthe above letter, Mr. Roy Bass, Attorney, appeared before the City
Commission representing Mr. T. J. Davis and Ben McGregor, who paid the pro rata water and
sewer charge on 16 lots in the Ben Dixon Subdivision. Mr. Bass stating that at the time
the pro rata charge on water and sewer lines was paid, and the lines installed, Messrs. Davis
and McGregor did not own any of the lots but did have an option on them, and since that time
said clients let the option lapse and the property reverted to t he'original owners. The
present owners have refused to pay Messrs, Davis and McGregor for the expense involved in
paying the pro rata water and sewer charge on their individual lots, there bre, Mr. Bass
requested that the City charge the present owners the pro rata costs for the water and
sewer lines at the time the water taps are made and refund said money to Messrs. Dam Q and
McGregor.
After consideration of this request, motion was made by Commissioner Carpenter, seconded by
Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis
and Thomas voting Yea, none voting Nay, that the City Commission considers this a private
matter between Messrs. Davis and McGregor an#he present owners of this property anclihat the
City is not implicated.
53-11-425-847 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp
and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to author-
ize the drilling of five (5) test holes for water wells on City owned property under
G. W. 0. #735 total estimated cost of said test holes, $487.50.
53-11-422=848 Motion by Commissioner Carpenter, secondedlby Commissioner Davis , motion carried, Mayor
Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to
approve and authorize payment of first and final estimate of Frank and Sharpe, painting
contractors, in the amount of $4,498.00 said payment being for reconditioning of the 1 1/2 M.G.
water Standpipe on 19th Street, work having been done under G. W. 0. #734.
53-11-425-84_9 Motion by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp
and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to author-
ize bids to be received April 9, 1953, for annual audit of the City's records and accounts
for the fiscal year October 1, 1952 through September 30, 1953.
5211-4?5-850 Consideration was given the request of the South Plains Council of the Boy Scouts of America
that the City close 22nd Street between Avenue W and X from 3:00 P-.M. Friday, April 10, 1953
until 5:00 P.M. Saturday April 11, 1953, the request being motivated by the fact that a
district Camporee will be held on the south sid e,6f 22nd Street and will involve some 300 boys,
part of the activities of the Camporee to take place in the Recreation Park directly across
22nd Street fro4he Camp. After discussion of this request.the City Commission authorized
Lynn Andrews, Traffic Engineer, to take whatever steps he considered necessary to regulate
the speed of traffic on this right-of-way street dur3jyj the period it is to be used by the
Boy Scouts,
53-11-425-852
Request was received from the property owners in the viciidity of 23rd Street between Avenue U
and V. request submitted through Warlick Carr, Attorney, that the west 9 1/2 ft. of the 20 ft.
wide alley in the 1/2 block south of 23rd Street between Avenue V and U be closed. This reque
being occassioned because of the surveys in this area made by Archie Harris did not conform
with the City's surveys, the City survey being carried out in co liance with Court Order of
several years ago. The request for closing this portion of the tree being in effort to make
the property line conform with abstract of title covering the land in the area. No action
was taken by the City Commission on the request, however, the City Commission suggested that
the property owners making the request endeavor to obtain additional 9 1/2 ft. on the east
side of the alley off of lots 12 and 65. In the event this id done , consideration will be
given by the City Commission to close the 9 1/2ft. on the west side of the alley as requested.
March 9, 1953
To the City Commission
,ubbock, Texas
The undersigned are the sole owners of the following described tracts of land, to -wit:
A tract of land out of Lots 4, 5, and 6 in Block 21 of the
Country Club Addition to the City of Lubbock, Lubbock County, Texas,
BEGINNING at a print in the South line of Lot 6, which point is
31.00 feet from its Southwest corner;
THENCE East, a distance of 45.20 feet with the South line of Lots 6
and 5, to a point, which point is 23.80 feet West of the Southeast corner
of said Lot 5;
THENCE in a Northeasterly direction, a distance of 143.68 feet, more
or less, with a line 100.00 feet Southeasterly of and parallel to the
center line of a proposed highway as established by the Texas Highway
Department, to a point in the North line of said Lot 4, which point is
1.22 feet West of the Northeast corner of said Lot 4;
THENCE West, a distance of 45.78 feet with the North line of said
Lot 4 to a point which is 300 feet East of the Northwest corner of
said Lot 4;
THENCE Southwesterly, a distance of 143.68 feet, more or less,
to the place of beginning.
Containing .129 acres of land, more or less.
We propose and offer to convey by warranty deed to the City of Lubbock the following
described part of the above described tracts of land, said part being described as follows,
to -wit: All of the above described tract of land.
We agree to deliver to City a complete abstract showing merchantable title in the under
signed and to duly execute and deliver to the City general warranty deed upon acceptance of
title by the City, and payment or tender of payment to us by the City, the sum $4,239.50.
For the additional consideration to be paid by the City of Lubbock in the sum $2s06O.5C
we do hereby agree that we will forthwith remove all fences, buildings, structures and othe
obstructions as may be found upon said property to be conveyed, said consideration to be paid
to the persons entitled thereto when such obstructions have been moved, which said amount is
the agreed tot al -damages sustained and/or to be sustained by the undersigned and all other
persons having an interest in the above described tracts of land.
This proposal is submitted subject to due acceptance by/the governing body of the City of
Lubbock, on or before March 12, 1953.
Yours truly,
/sl Sam H. Allred
Accepted by the Governing Body of the City of Lubbock, this 26th day of March 1953.
/s/ Murrell R. Tripp,
Mayor
ATTEST:
/s/ Lavenia Lowe
City Secretary
STATE OF TEXAS
COUNTY OF LUBBQCK
BEFORE ME, the undersigned, a Notary Public in and for said County, Texas, on this
day personally appeared SAM H. ALLRED, known to me to be the persor�kose name is subscribed
to the foregoingAnstrument, and acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 9th day of March, A.D. 1953,
/s/ Al OtBrien
NOTARY PUBLIC, Lubbock,
County, Texas.
(SEAL)
BE IT RESOLVED BY THE CITY C WaSSIDN OF THE CITY OF LUBBOCK: That the foregoing proposal
BE, and it is hereby accepted this 26th day of March, 1953.
/s/ Murrell R. Tripp
Murrell R. Tripp, Mayor
ATTEST:
Isl Lavenia Lowe
City Secretary -Treasurer
The above proposal of Mr. Sam H. Allred to convey to the City .129 acres of land off of
Lots 4, 5, and 6 in Block 21, Country Club Addition, for additional right-of-way required for
Avenue Q Northeast for a consideration of $6,300.00, was considered. Said proposal having
been considered on March 12, 1953 REJECTED by the City Commission. At this meeting March 26,
1953, motion was made by Commissioner Thomas, seconded by Commissioner Carpenter, motion
carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none
voting Nay, to offer Mr. Allred $4,000 as a consideration for the .129 acres of lanuding
damages.
-11-426-853 There was a discussion of making an offer to H. A. Allen of 4531 Brownfield Highway, for
additional 10 ft. of land owned by Mr. Allen to widen 25 ft. dedication for Street along the
southwest side of this property., Mr. Allen having requested that the City make an offer.
The City Commission declined to make any offer for purchase of this property for street
purposes, however, the City Commission stated they would consider closing the 25 ft. portion
of the street that was dedicated in the Allen Addition if Mr. Allen desires this to be done.
-11-426-854 Request was received from W. W. Stafford that the City sell him a portion of Lots 24 and 25,
Block 30, Helm Addition for consideration of $1,000. After consideration of this matter,
motion was made by Commissioner Carpenter, seconded by Commissioner Davis, motion carried,
Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting
Nay, to not sell this property at this time.
I
I �
53-11-427 85� On May 25, 1950, of record in Minute Book 9, Page 308, the City commission authorized the
Lubbock independent School District to purchase 8.05 acres of land in the vicinity of the
Lubbock Cemetery. On this date, March 26, 1953, this matter was again brought to the
attention of the City Commission and motion was made by Commissioner Morris, seconded by
Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis
and Thomas voting Yea, none voting Nay, to authorize the following tract of land out of
Section 3 Block B. Lubbock County, Texas, to be deeded to the Lubbock Independent School
District. Consideration to be paid ' the City for this approximate 8.05 acre tract, $590.00
per acre, the Mayor being hereby authorized to execute deed.
A tract of land out of Section 3, Block B. Lubbock County, Texas to be deeded
to Lubbock Public Schools by the City of Lubbock, Texas.
BEGIN at the N. W. corner of Section 3, Block B;
THENCE South,, with the West line of Section 3, Block B, a distance of
4035.00 feet to a point;said point being in the West R. 0. W. line of
Quirt Avenue;
THENCE Easterly, following the South line of the Seiber Subdivision
of the City of Lubbock, texas, a distance of 457.00 feet to a point,
said point being S. W. and beginning corner of this tract;
THENCE North, a distance of 610.00 feet to a point, said point being
the N. W. corner this tract;
THENCE East, a distance of 575.00 feet to a point, said point being
the N. E. corner this tract;
THENCE South, a distance of 610.00 feet to a point, said point being
the S. E. corner this tract;
THENCE West, a distance of 575.00 feet to the place of beginning.
This tract contains 8.05 acres of land, more or less.
53-11-427-856 The following report on collection of delinquent paving accounts was made to the City Commissin
A--e of account
O- b months
b months - 1 year
1 year - 2 years
2 year - 3 years
3 years - 4 years
4 years - 5 years
Over 5 years
Percentage
2.2
5.50
12.50
11.08
3.23
2.51
2.98
Total 100.00%
There was a discussion of these paving accounts and motion was made by Commissioner Davis,
seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris,
Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize acceptance of the
report and requesting that every effort be made to make collection of these delinquent paving
accounts.
53-11-427-857 Request was received from J. R. Fanning, Paving Contractor, that the City of Lubbock purchase
from him paving certificate issued in the amount of $117.68 in evidence of the assessment
levied against the east 45 ft. of Lot 1 Block 11, Bu&son-Osborn Addition by virtue of
paving Ordinance No. 1017. Mr. Fanning agreed to waive interest charges if the City
purchases said certificate. By reason of an inaccurate ownership certificate from the
abstractor, the City Engineering Department Paving Rolls werein error on this piece of
property, and did not show this property to be a homestead. Because of the error this property
was assessed in the name of J. W. Glasgow, Sr, a non -homestead owner and not in the present
owners name. The rightful owner being Louella Couch. After consideration of this request
motion was made by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor
Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to
authorize puchase by the City of Lubbock of this paving certificate covering the east 45 ft.
of Lot 1 Block 11, Bur3eson-Osborn Addition from J. R. Fanning, it being felt that the City
can collect the paving lien when the property is sold.
53-11-427-858 Motion by Commissioner Thomas, seconded by Commissioner Morris, motion carried, Mayor Tripp
and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to
authorize purchase from 4lie Hoffman Cooling Towers Incorporated, 8 aerovent , 4 blade
14 ft. fans, stelel hub aluminum blade which includes one fan which we have on trial, at
$1,080.00, total purchase price $6,-%0.00, this material being purchased for use at the new
cooling Tower at City Electric Plant #2. The City of Lubbock now has 7 Hartzell, 3 blade
fans on which the Lilie Hoffman Cooling Tower Incorporated are allowing an adjustment of
$3,300.00, therefore, the total expenditure at this time being Qf 3JO, 00.
53-11-427-859 Motion by Commissioner Davis, seconded by Commissioner Morris, motion carried, Mayor Tripp
and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting I4ay, tq&uthor-
ize Mayor to execute the following agreement between the City of Lubbock and the State
Highway Commission of the State of Texas, wherein it is agreed that the State Highway
Department will construct a grade separation and road to serve the property of the Texas
Technological College at Lubbock, Texas, on Loop Highway U. S. 62. (Road across Texas Tech
Campus, 19th - 4th.) Authorization also hereby given for the payment by the City of Lubbock
of $33,500.00 as set out in the agreement, said deposit to be made with the State Highway _
Department immediately, from right-of-way Bond Funds. The 3 way agreement between ,the City of
Lubbock, County of Lubbock, and the Panhandle and Santa Fe Railway Company, providers for the
payment by the County of Lubbock of $15,752.55, and the Railroad Company $99000, The execution
of the agreement by the City of Lubbock being contingent upon the Railroad company's execution
of said agreement, which the County of Lubbock has already executed. The City of Lubbock
being hereby authorized to bill the County of Lubbock for $15,752.55 as their part of the cost
of this construction.
C 380-1-8 & 130-5-18
F 1104(1)
Lubbock County
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMT, made this 26th.day of March, 1953, by and between the City of Lubbock,
Texas, hereinafter called the "City", Party of the First Part, acting by and through its City
Council and the State of Texas, hereinafter called the "State", Party of the Second Part,
acting by and through its State Highway Commission.
WHEREAS, the City desires the constuction of a grade separation and a road to serve the
property of the Texas Technological College at Lubbock Loop Highway U. S. 62, which is the
City's ne*onsibility and the City has requested the State to construct or have constructed
this work. The State will construct or have constructed this work for and on behalf of the
and at the City's sole expense. The estimated cost of this wmc is Thirty Three Thousand
Five Hundred and No/100 Dollars ($33,500.00), including contingencies and engineering, and
WHEREAS, the City by the execution of this agreement agrees to the terms and conditions
of State Highway Commission Minute No. 32008, as it applies to the City, a copy of which is
attached hereto and marked "Exhibit All and made a part of this agreement.
City
NOW THEREFORE, it is understood that this proposed work will be constructed by the
State and the City,.w*ll trandAt*o the State with the return of this agreement, executed
by the City, a warrant made payable to the State Treasurer„ Account of Trust Fund Noto927
in the amount of Thirty Three Thousand Fine Hundred and No/lOO Dollars ($33,500.00),/be used
in paying for the proposed work required by thetRStg in the City of Lubbock. It is further
understood that/the State will construct only/items for the City as requested and required by
the City and the entire cost of such items will be borne by the City. If the State elects to
receive bids and if upon reoeipt of bids by the State and/or the actual construction and/or
approved changes in the contemplated improvements it is found that this amount is insufficient
to pay the Cityls portion, then the City upon request of the State will forthwith supplement
this amount by an amount equal to the City's full estimated or actual share of the cost of this
work less the amount previously paid to the State. In the event the amount as paid to the
State - more than the actual cost, then the excess amount will be returned to the City. It
is further understood that the work to be done on behalf of the City, as herein provided. -
will include the cost of contingencies and engineering. It is further understood that the
City by the execution of this agreement agrees to the terms and conditions of State Highway
Commission Minute No. 32008,, as it applies to the City, a copy of which is attached hereto
and marked "Exhibit All and made a part of this agreement.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in
duplicate on the day above stated.
CITY OF LUBBOCK
Party of the First Part
By:/q/ Murrell R. Tripp
Mayor
By:/s/ L. E. Davis
Member of City Council
By:/s/ Harry Morris
Member of City Council
By:/s/ Hurely Carpenter
Member of City Council
By:AZ Lucian Thomas
er of City Council
-
STATE OF TEXAS
STATE HIGHWAY COMMISSION
Party of the Second Part
Certified as being executed for
the purpose and effect of act-
ivating and/or carrying out the
orders, established policies, or
work porgrams heretofore approved
andAuthorized by the State Highway
Commission.
By:
State Highway Engineer under
authority of Commission Minute
30665
Recommended for execution:
Engineer of Aid Projects
Chief Engineer of Planning
WHEREAS, in LUBBOCK COUNTY on LOOP HIGHWAY U. S. 62, through the property of the Texas
Technological College at Lubbock, the local authorities desire a grade separation of the
proposed highway and a road to serve the property of the College; and
WHEREAS, the @ity of Lubbock has requested the Department to participate in the cost
of the proposed grade separation; and
WHEREAS, the proposed grade separation, along with the control of access to the
highway through the Texas Technological property, will contribute to the safety of highway
traffic as well -as the traffic on the campus road;
NOW, THEREFORE, IT IS ORDERED that the State Highway Engineer tender to the proper
officials of the City of Lubbock the following proposal;
Provided that the City Lubbock will:
1. With or without the assistance of other agenceis construct the
railroad underpass structure, the campus roadway under the highway
and railroad structures, and any other items necessary for a complete
facility;
2. Under the provisions of House Bill 451, 52nd Legislature, the City
by official action will designate the section of the highway from
19th Street to College Avenue as a freeway;
3. Maintain that portion of the)kork which igd.ts construction responsibility.
The State Highway Department will:
1. Construct the highway grade separation structure, at an estimated
cost of $36,000.00;
2. Designate the section of the highway from 19th Street to College
Avenue as a freeway;
3. Construct a fence along the highway right-of-way line on the
east side of the highway fox control of access;
4. Provide for access to the highway at or near the stadium parking
area on condition that any necessary additional right-of-way for such
access will be furnished free of cost to the Department;
5. Maintain that portion of the work which is its construction responsibility.
This Order is automatically cancelled if not accepted within a period of 90 days .
Upon acceptance of thi/prbovisions of the Order by the proper officials of the City of
Lubbock, the State Highway Engineer is directed to proceed with the planning of the highway
for construction on the basis of this order.
Minute No. 32008 "EXHIBIT All
April 29, 1952
52-11•-429-860 Bids having been received on March 12, 1953 for concession rights at the Swimming Pools in
Mackenzie State Park and K. N. Clapp Parka On this date, March 26, 1953, motion was made
by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Malror Tripp and
Commissioners Morris, Carpert er, Davis and Thomas voting Yea, none voting Nay, to authorize
See Jag a the Mayor to enter into lease contract between the City bf Lubbock and Harry E. Hart, for
439-441 for the concession rights at the above named Swimming Pools. Said agreement to be for a term of
Contracts. 3 years, sinner of Year 1953, 1954 and 1955, the fee to be paid the City for said concession
rights for the 3 year period being as follows: (FOR CONTRACTS SEE PAGES 439, 440, 441, and 442)
Mackenzie Park $1,675.00
K. N. Clapp Park 960.00
52-11-429-861 Bids were received by the City Commission for purchase of a 4 room frame house now located
on east 24th Street at the City of Lubbock Dog Pound. Bids received were:
ji M. C. Murdock $ 725.00
T. J. Vallas 237.50
After consideration of the Bids, motion was made by Commissioner Davis, seconded by Commissic
Carpenter., motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas
voting Yea, none voting Nay, to accept the Bid of M. C.Murdock for purchase of this 4 room
frame building.
,52-11-429-862 There was consideration of purchase of 2 depp well turbine pumps and motors for City of
Lubbock water wells Nots 6 and 12. This equipment to replace the old pumps and motors. Bids
received being as follows:
Item
DEEP WELL TURBINE PUMPS FOR WELL #6 AND #12
do.
BID #Al
Peerless Pump
M. B. McKee Co.
Clowe and Cowan
Bid Bond
Company Check (150.)
Company Checks
(10.00
149)
1.
One deep well turbine
pump for
well No. 6
1,201.03
1,205.83
1,505.93
150 GPM
135 HD
60.5 %
56.9%
Lab Curves
130 Setting
(Curve later)
(Curve later)
72 HP
7J HP
2.
One deep well turbine
pump for
well No. 12
1,663,35
1090.85
1,592.34
250 GPM
L35 HD
64.3%
63.7%
Lab Curves
125 Setting
(Curves later)
(Curves later)
15 HP
15 HP
Total
$2864.38
$2596.68
$3098.27
Delivery
14 Days
4 to 6 Weeks
14 Days
Terms
Net
Net
Net
After consideration of the Bids, motion was made by Commissioner Davis, seconded by
Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter,
Davis and Thomas voting Yea, none voting Nay, that the bid of M. B. McKee Company be accepted
for this purchase it being considered the lowest and best bid. Mayor being hereby authorized to
enter into contract.
53-11-UO-863 Bids as follows were recieved for purchase of 100 parking meter heads being Bid #12 5.
PARKING METER HEADS BID NUMBER 125
Dual Parking Meter McGee -Hale Park-O-Meter
Company Com
50 Bronze Head Parking Meters, 63.00 J3.80 RECAP
24 Minute Meters with plates 3,150.00 2,690.00 Dual Parking meter
as per sketched mailed.
50 Regular Heads Parking Meters
with the necessary, parts for
adjustment to 1 hour, 1 nickel
and 5 pay operations excluding
plate for outside Meter and Head.
ALTERNATE:
50 Dual Parking (Double)Meters
LESS: trade-in of 100 Parking Meter Heads
F.O.B.
DELIVERY
63.00
3,150.00
101,00
5,050.00
company 100 meters
6,300.00
LESS: trade-in 1,490.00
100 meters
4,900.00
53.00 McGee -Hale Park-O-Meter
2,650.00 Co. 100 meters 5,340.00
LESS: trade-ins 500.00
100 meters
4,840.00
14.00 5.00
1,400.00 500.00
5% 30 Days 5% 60 Days
Canton, Obio Lubbock, Texas
30 Days Begin 30 Days -complete 60 Days
After consideration of all bids, motion was made by Commissioner Morris, seconded by Commissioner
Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting
Yea, none voting Nay, to authorize acceptance of the bid of McGee -Hale Park-O-Meter Company
for purchase of said parking meter heads.
;3- 11-430-864 Bids as follows were read for purchase of 5 automobiles for the Police Department, and 2
- automobiles for the Engineering Department, being Bid ##127.
+_J
2-4 Door AUTOMOBILES AND 5 POLICE AUTOMOBILES
BID NUMBER 127
Kuyj�endall Chevrolet Company jeAu han-Dowell Motors
Lubbock, Texas Lubbock, Texas
1953 4-door Sedan Automobiles, equipped
with 5 6:70 X 15 tires, 100 to 115
Horse Power Compression 7.5 to 1,
axle ratio 3.7 to 1, wheelbase414
to 116 inches, Heavy Duty Clutch,
Heavy Duty Springs, Heavy Duty
Transmission Bearings, 120 amp hour
battery, Heavy Duty Floor Mat,Front
Bumper Guards, Ash Tray on instru-
ment Panel, Dual Windshield Wipers,
i Dual Sun Visors, Dual Defrosters,
Heater, arm rest for operator, Fram
Oil Filter, Gasoline Filter, Oil
Bath -Air Cleaner, Fabric Leather .
Duty. Upholstery.
1 Car as Above 11851,22
Less trade-in: 1950 Chevrolet 460.00
#16-23
NET DIFFERENCE 1 391.22
1 Car as above
Less trade-in: 1952 Studebaker
#16-28
NET DIFFERENCE
1 Car as Above
Less Trade-in: 1952 Studebaker
#16-24
NET DIFFERENCE
1 Car as above
Less: trade-in: 1952 Studebaker
#16-25
NET DIFFERENCE
1 Car as above
Less trade-in: 1952 Studebaker
#16-29
NET DIFFERENCE
1,851.22
960.00
891.22
11851.22
960.00
Same car equipped with
115 Horse Power Motor.
1,959.22
460.00
11499.22
11959.22
960.00
1,959.22
96o.00
Plymouth Plymouth
Cranbrook Cambridge
Series Series
2,063.94
1,925.14
604.00
5717.14
1,459.44
1,348.00-
2,063.94
1,925.14
854.00
827.14
1,209.94
1,098.00-
2,o63.94
1,925.14
904.00
877.14
1,159.94
1,0'Q8.00
11851.22
1,959.22
2,063.94
1,925.14
960.00
960.00
854.00
827.14
891.22
999.22
1,209.94
1,098.00-
1,851.22
12959.22
'
2,o63.94
10925.14
210.00
210.00
454.00
427.14
1,641.22
1,749.22
1, 09.94
11498.00•
5,7o6.lo
6,246.lo
61649.70
6,090.00.
1953 4-door Sedan Automobiles,
Standard Chevrolet Series 150 or
Plymouth Cambridge, model with
additional equipment of Dual Sun
Visor, Fram Oil Filter, Spare Tire and
wheel, Dual Windshield Wipers,
Heate3/and Defroster.
Car as Above
Less trade-in: 1942 Ford Club
Coupe #10-1
NET DIFFERENCE
Car as above
Less trade-in: 1946 Sddan
#10-5
NET DIFFERENCE
GRAND TOTAL
DELIVERY
F. 0. B.
TERMS
12784.95
110.00
1, 74.95
1,784.95
260.00
1,524.95
3,199.90
Lubbock
Net
Plymouth
Cambridge
Series
1,884.44
309.40
1, 575,00'
1,884.44
439.44
1,445.00-
3,020.00
45 Days on
45 Days on
Bridge Series
Cambridge Series
30 Days on
Cambrook Series
Lubbock Lubbock
Lubbock
Net Net
Net
3-11-432-865
Item
No.
After consideration of all bids, motion was made by Commissioner Morris, seconded by
Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter.,
Davis and Thomas voting Yea, none voting Nay, to accept the Bid of Louthan-Dowell Motors,
Lubbock, Texas for purchase of 5 "Cambridge" Plymouth automobiles and accept the bid of
Louthan-Dowell Motors of Lubbock, Texas, for purchase of 2 Standard "Cambridge" Plymouth
automobiles as set out in the above bid.
Bids as follows were read for purchase of 22 transformers for the Electric Department
being Bid #135.
DISTRIBUTION TRANSFORMS
Bid #135
A and A C. B.
Supply Anderson
50
1. 3/ KVA, 416OV/7200V Y-120/?d4OV Standard
Single Phase, 60 cycle, 50 C 90 days
rise, Oil immersed self -cooled 477.00.
distributimn transformers with 1,431.00
4-2j% below normal taps. Maximum
weight 90Q#,maximum dimensions
45" high, 2811 wide and 30" deep.
Bid conventional type less hangers.
2. �167 KVA,2400/4160Y-240/480 V single
phase] 60 cycle, 500C rises oil im-
mersed self -cooled distribution Standard
transformers with 4 taps, 2-27% 180 days
below and 2-21% above normal ; 1,219.00
high voltage bushings shall be 3,657.00
brought outside of case; temper -
attire - gauge shall be provided.
Maximum weight -2500 lbs. Bid
alternate with standard bush-
ings, bid conventional type less
hangers.
ALTERNATE: Standard Bushings
3. 10 25 KVA, 2400/4160V Y 120/240V
single phase, 60 cycle, 500C rise
OISC distribution transformers
with 4 2j% below normal taps,
maximum weight 500#. Bid con-
ventional type less hangers.
LM
April,1953
489.30
1,467.90
LM
April 1953
1,139.51
3,391.53
LM
May 1953
1,072.73
3,216.00
Alternate
LM
4Q 1953
550.30
1,652.43
LM
4Q 1953
1,227.44
3,682.32
Anderson -
Young Co.
Wagner
11 Weeks
489.30
1,467.90
Wagner
18 Weeks
1094.16
3,282.48
Cummins
Su
Moloney
4 weeks
489.30
1,467.90
Moloney
10 weeks
11274.51
3,823.53
Moloney
10 Weeks
1,130.51
3,391.53
Standard LM LM Wagner Moloney
90 days April 1953 4Q 1953 Fact.Stock Stock
273.00 279.60 315.62 ?79.60 279.6o
2,730.00 2,796.00 3,150.20 2,796.00 21796.00
A. 3 100�KVA,7200/12470V Single Standard
phase, 60 cycle 500C rise OISC 90 days
distribution transformers 848.00
with 4 taps, 2-2-j% below and 2,544.00
2-2j% above normal, Maximum
weight 1650#. Bid 9onventional
type less hangers.
5. 3 100 KVA 2400/4160V Y-120/240V Standard
single phase, 60 cycle 500C rise 90 days
OISC distributiomm transformers 728.00
with 4-21%ta s below normal 2,184.00
Maximum weiW- 1450#. Bid conventional
T=s oess hangers. N/30
F.O.B. Lubbock
LM
April 1953
868.62
2,605.86
LM
I*ediate
745.60
2,236.80
N/30
Frt. All
LM
4Q 1953
980.00
2,940.00
LM
4' Q 1953
84o.66
22521.98
Wagner
11 weeks
868.62
2,605.86
Wagner
Fact. Stock
745.60
2, 236.80
Moloney
Stock
868.62
2,605.86
Moloney
Stock
745•60
2,236.8o
(Bid #135 Conttd)
Item
Electrical
General Electric
Graybar Nelson
Alternate
Southwestern
Westinghouse
Alternate
No.
Supply
Electric Electric
Supply
Electric Co.
1.
AC
GE
GE
AC
Moloney
Uptegraff
W
W
Stock
6 weeks
6 weeks
12 weeks.
4 weeks
45 days
16 Weeks
Stock
489.00
489.30
489.30
489.30
489.30
488.25'
550.81
489.30
1467.00
1,467.90 -
1,467.90
1,467.90 1,467.90
1,464.75
1,652.43
1,467.90
2.
AC
GE
GE
AC
Uptegraff
W
W
6 weeks
20 weeks
20 weeks
8 weeks
90 days
16 weeks
Stock
1,107.60
1,183.64
1,183.64
1,145.42
1,295.70
1,285.22
1,130.51
3021.00
3,550.92
3,550.92
30436.26
3,887.10
3,855.66
3,391.53
AC
GE
GE
AC
Uptegraff
ALTERNATE) Stock
10 weeks
10 Weeks
Stock
90 days
Standard ) 1,072.00
1,072.73
1,072.73
1,072.73
1,127.60
Bushings.)
3,216.00
32218.19
32218.19
32218.19
3082.80
ALTERNATE
6 weeks
1,094.00
3,282.00
3.
GE
GE
AC
Moloney
Uptegraff
W
W
Stock
Stock
Dal.Stock
Stock
Stock
45 Days
16 weeks
Stock
279.00
279.60
279.60
279.60
279.60
278.25
315.01
279.60.
21790.00
2,796.00
2,796.00
2,796.00
2,796.00
2,782.50
3,150.10
2,796.00
4.
AC
GE
GE
AC
Moloney
Uptegraff
W
W
Stock
Dal.Stock
Dal.Stock
Stock
Dal.Stock
60 days
16 weeks
Stock
868.00
868.62
868962
868.62
868.62
866.25
979.99
868.62.
2,604.00
2,605.86
21605.86
2,605.86
2,605.86
2,598.97
2,939.97
2,605.86
5.
AC
GE
GE
AC
Moloney
Uptegraff
W
W
Stock
Dal.Stock
Dal.Stock
Stock
Stock
60 days
16 weeks
Stock
745.00 r
745.60
745.60
745.60
745.60
743.40
840.66
745.b0
2.1235.00
2,236.80
20236.80
2,236.80
21236.80
22230.20
2,521.98
29036.80
`` TERMS
Net
Net
Net
Liet
Net
Net
Net
Net
I�
F.O.B.
Lubbock
Frt.
Lubbock
Frt.
Frt.
Lubbock
Lubbock
Lubbock
�I
allowed
allowed
allowed
After consideration of all bids, motion was made by Commissioner.Carpenter, seconded by
Commmissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis
and Thomas voting Yea, none voting Nay, to accept the bid of Electric Supply Corporation
for purchase of this 3equiptneht .
53-11-433-866 Bids as follows
were read for purchase
of Miscellaneous Electric Hardware being Bid #136.
MISCELLANEOUS ELEGTRIC HARDWARE
Bid No, 13
Item
C.B.Anderson
Anderson -Young
Cummins Supply
No.
Com an
Electric Co.
Company
1. 2,000 Insulators, Locle Cat. #88
JD 1088P
Seyler
Knox
N.P. or equal.
Factory Stock
2-3 Weeks
Stock-3 Weeks
58.05/c
61.11/c
61.11/c
11161.00
1,222.20
11222,20
2. 500 Insulators, Locke Cat. #66
JD10066
Seyler
Knox
or equal.
Am. Stock
23.04/c
2-3 Weeks
24.25/c
Stock
22.00/c
115,20
121.25
110.00
3. 800 Suspension type Insulators,
Pince L1510 or equal.
4. 1,000 Feet 3/4" galvanized
Ridged Conduit.
5. 5,000 S uare Washers 2 1/4" X 2 1/4"
with 11�16 hole. J-1075 or equal
6. 200 3/811 Huy Thimble, J-1057
or equal.
JD2680
Am. Stock
168.63 /c
1,349.04
No Bid
LM 9455
Am. Stock
4.69./c r
234.54
LM 9 505 'N
DaUas Stock
6.41/c
12.82
No Bid
No Bid
Seyler
Stock
5.36/c
268.00
Seyler
2-3 Weeks
7-.32/c
1" 64
Knox
Stock
167. 50/c
1,340.00
National
Stock
15.95 /c
159.50
Seyler
Stock
5.36/c
268.00
Joslyn
2 Weeks
- 7.32/c
14.64
Bid #13 6 Cont'd)
7. 500 5/8" K 1011 galvanized Machine
Bolts, J-8810 or equal.
8. 200 5/811 X 1811 Double Arming Eye
Bolts, J-9618 or equal.
9. 200 Connectors for 4/0 Stranded
Copper Wire, Fargo Vice type only,
#5040-S.
10. 500 Transformer Grounding Lugs,
Kearney #17 546.
11. 6 Connectors for 750 MCM Stranded
Copp@r Wire, Fargo Vice type only
5075-S,
12. 224 Connectors for 500 MCM Stranded
Copper Wire, Fargp Vice type #5050-3
13. 1,000 Wireholders Oliver 2515 or equal.
14, 200 Rolls #33 Scotch Electric Tape
15. 4 Switchboard Ammeter Switch for
3 C-T (3 Stages) fixed pistol grip
model no. 16SB1CA14X2.
TERMS
F.O.B.
C.B.Anderson
Anderson -Young
Company
Electric Co.
LM 9326
Seyler
Am. Stock
Stock
19.99/c ^
22.84/c
99.95
114,20
LM 9436N
Seyler
Dallas Stock
Stock
50.83
90.15/c
lol.66
180.30 ,
Fargo 5040S
No Bid
Dallas.Stock
110.30/q
220.60
Kearney
30-45 Days
Kearney
2-3 Weeks
.69
32.6o/c
345.00
163.00
Fargo 5075-S
No Bid
30-45.Day�
456.76/c
27.41
Fargo.5050-S
No Bid
30-45.Days
271.32/c
65.12
No Bid
No Bid
No Bid
Plymouth
Stock
1.05
210.00
No Bid No Bid
N/30 N/30
Shipping point with Lubbock
freight allowed.
Cummins Supply
Company
Seyler
Stock
2?.84/c
114,20
Seyler
Stock
46.23/c
9?.46
No Bid
Kearney
Stock 2 �Teeks
32.60/c
163.00
No Bid
No Bid
No Bari
No Bid
#1,20,10 Net #4 2%
#506,798, 1%
Lubbock
General Electric
Graybar
Nelson
Southwestern
Westinghouse Carpenter,
Supply Company
Electric
Electric Co.
Electric SOP.
Electric Sup. Com a
1.
Ohigbrass
Locke
Porcelain.
Westinghouse
Stock
49.13/c
Stock
61.11/c
Stock
58.00
Factory Stock
59.89/c
Mock
54.44/c
982.60
1,222.20
1,160.00
1,197.80
1,108.80
2.
Ohio Brass
iocke
Porcelain
Westinghouse
Stock
32.00/c
Stock.
24.25/�
Stock
23.50/c
Factory
23.75/c
Stock
22.00/c v
160.00
121.25
117.50
118.75
110.00
3•
Obio Brass
Locke
Porcdlain
Westinghouse
Stock
Stock,
Stock
166.00
Factory Stock
173.95/c
Stock
167.50/c
160.00
177.50
1.0280.00
1,420.00
1,328.00
1,391.6o
1040.00
4.
Triangle
Pittsburg
Triangle
Oliver
Stock
16.77/c
Stock
16.39/c
Stock
17.25/c
60 days
15.06/c
Stock
15.86/c
167.70
163.90
172.50
15o.6o
158.60
5.
Hubbard
Seyler
Utility Service
Oliver
Stock
•4.98/c
Stock ,
5.36/c
Stock
4.95/c
Factory Stock
5.36/c
Stock
5.03/c
249.00
268.00
247.50
268.00
251.50
6.
Hubbard
Seyler
Utility Service
Oliver `
Stock
6.81/c
Stock
7,32/c
Stock
7.32/c
Factory Stock
7.32/c
Stock
6.89/c
13.62
14.64
14.64
14.64
13.78
7.
Hubbard
Seyler
Utility Service
Oliver
Stock
21.24/c
Stock
22,84/c
Stock
21.70%
Factory Stock
22.84/c
Stock
21.46/c
106.20
114..20
108.50
114.20
107.30
8.
Hubbard
Seyler
Utility Service
Oliver
Sta &
stock
Fly stf�ck
56&ck
(Bid #136 Cont'd)
General Electric Grayb4r
Nelson -Southwestern
Westinghouse
Carpenter
Supply Co. Electric
Electric Co. -Electric
Sup.
Electric Sup
Co an
83.84/c 90.15/c
".35/c ^
90.15/c
84.74/c
167.68 180.30
88.70
180.30
169.48
9. No Bid Reliable
Anderson Brass No Bid
No Bid
2-3-Weeks
Stock
-
80.52/c
87,00/c
161.04
174.00
10. , Kearney
Kearney
Kearney
No Bid
2 weeks Stock
Stock-4 Wks
Factory Stock
32.60/c'- 32.60/c
32.60/c
32.60/c
163.00 163.00
163.00
163.00
11. No Bid Reliable
No Bid
No Bid
No Bid
2-3- Weeks
690.97/c
41.46
12 No Bid Reliable
No Bid
No Bid
No Bid
2-3 Weeks
161.80/c
38.83
13. Hubbard
Seyler
Porcelain
Oliver
I
Stock Stock
Stock
3 Weeks
Stock
27.83/c 27.83/c
26.15/c
24.85/c
26.16/c
278.30 278.30
261.50
248.50
261.6o
14. Scotch
Scotch
Scotki
3 M
Scotch
Stock Stock
Stock
30 Days
Stock
1.11 1.05
1.05
.1.10
98.00/b r
.99
220.00 210.00
210.00
220.00
196.00
198.00
15.
4 Weeks
No Bid
No Bid
No Bid
- 22,80 22.00
88.00 88.00
TERMS 1% #1022329210211
##1,2,3,9,10
Net
#425/10
1/10
Net
Net
#1,2,3,Net
#4,14, 2/10
#4,14 2/10
##14 2/10
#5,617,8113 1/10 #51627,8
#5,6,7,8,13 1%
F.O.B.. Lubbock Lubbock
Shipping point Lubbock
Lubbock
Lubbock
with freight
it After cor;sideration of all bids , motion was made by Commissioner Morris,
secorrbd by
Commissioner Thomas, motion
carried, Mayor Tripp and Commissioners Morris,
Carpenter, Davis
and Thomas voting Yea, none
voting Nay, to
authorize the purchase to be as
follows: f
Accept the Bid of General Electric Supply Company for purchase of Items 1, 3, 10 and 15;
Accept the Bid of Westinghouse Electric Supply for
purchase of Items
2, 4, and 14;
Accept the Bid of C. B.
Anderson Company for purchase of Items 5, 6,
7, 9, 11 and 12;
II Accept the Bid of Nelson Electric Company for purchase
of Item 8;
Accept the Bid of Southwestern Electric Supply for
purchase of Item 13. II
�-11-435-867
Bids were -considered for furnishing meals to City of Lubbock prisioners for a period of 1 year
beginning -April 1, 1953. Bids received were;
Maude's Cafe 250 per meal
Fetes Cafe 351 per meal
Motion was made by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried,
Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting
Nay, to authorize acceptance of the bid of Maude's Cafe for furnishing meals for prisioners
for this 1 year period.
NOTICE TO BIDDERS
GWO 726-Sewers
Sealed proposals addressed to the Honorable Mayor and City Commission of the City of
Lubbock, Texas, attention W. B. Holmes, City Engineer, will be recieved at the office of
Steve Matthews, City Manager, until 2:00 P.M., Central Standard Time of Thursday, March 4 1953#
for furnishing all necessary materials, machinery, equipment, superintendence and labor for
constructing certain sanitary sewer improvements in the City of Lubbock.
The.work to be done bes in the irregular area west of the Brownfield Highway and North
and South of the Level and Highway, known as the Westchester area, and in the vicinity thereof.
The work will consist of approximately the following quantities of Vitrified Tile sewer
lines;
24"
- 725 L.F.
12"
- 623D
L.F.
1$"
- 1950 L.F.
10" -
3865
L.F.
15"
- 3175 L.F.
8"
- 4085
L. F.
2
there will also be about 32•L.F. 18" and.32 /L. . C. I. P. under two highway crossings and 32
L.F. 24" C.-I. P. under one -single track crossing of the Panhandle and Santa Fe Railway.
Appro..ximately 43 manholes and 3 drop manholes with a sewage lift station consiting of two
pneumatic sewage ejectors will also be required. There will be about 3,800 L.F. 141' C.I.
force main. The trench depths will be 18 ft. or less, except about 1000 L.F. of 18" and 24"
which will be from 18 to 24 ft. in depth.
Bidders shall submit there bid on the forms attached to the Epecifications and must
submit therewith a Cashier's or Certified Check issued by a bank satisfactory to the Owner.,
or a Proposal Bond from a reliable Surety Company, payable without recourse to the order of the
City of Lubbock, Texas, in a amount not less than five percent (5%) of the -largest possible
bid submitted on the Project as a guaranty that the Bidder will enter into,a contract and executo
bond and guaranty in the forms provided within ten (10) days after notice of award of contract
to him.
The Successful Bidder mmst furnish bond on the form attached to the Specifications in the
amount of 100% of the tDtal contract price from a Surety Companyahoolldd a permit from the
State of Texas to act as Surety, or other Surety or Sureties/to r.
All lump sum and unit prices must be stated in both script and figures, The Owner reswes
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 bids, the Owner -reserves the right to consider the
most advantageous constriction 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 i ril
the Acts of the 43rd Legislature of the State of Texas, Page 91, Chapter 45, (Article No.5159A C
Statutes 1925) concerning the wage scale and payment of prevailing wage established by the
Owner. Said scale of prevailing minumum rates of wages is as follows:
. LABOR CLASSIFICATION AND GENERAL
PREVAILING WAGE RATES
Mechanic, Workman
or Type of Laborer
Power Equipment Operators
Air Compressors
Bulldozers
Backfiller
Cranes, Dragline s
Motorized Grader
Mixers (10-S or smaller)
Mixers (larger than 10-S)
Oiler
Power Shovel, Backhoe
Trenching Machines
Truck Driver, 1J tons or less
Truck Driver, over 1Z1 tons
Air Tool -Jackhammer, vibrators, drill tampers
Bricklayer, Manhole Builder
Bricklayer, Building
Carpenter, journeymen
Cement Finisher, Building
Caulker and/or Yarner - Pipe - Water or Sewer
Electrician, journeymen
Form Builder
Grader - Fine Grader
Kettlemen - Asphalt - Pipe jointing Material
Laborers - common
Mechanic
Motab Mixer - Brick, Plaster, Pipe Joint Material
Pipe Layer
Pipe Joint Worker
Pipe Handler
Powder Man
Painter
Reinforcing Steel Worker
Shorer - Trench, Bracing
Welders - Electric - Acetylibne
Watchman - Night
Plumbers - journeymen
Boilermakers
Working Foreman above craft scale
Lathers - journeymen
Plasters - journeyman
Sheet metal workers - journeymen
Roofers - journeymen
Tide Layers, Linoleum
Tile Layers, Ceramic
General Prevailing General Pre -
per diem Wage vailing Hourly
Based on 8 Hr. Rate
Working Day
$10.00
12.00
12.00
12.00
12,00
8.80
12.00
8.00
12.00
12.00
8.00
10.00
8.80
10.00
26.00
16.00
19.00
8.80
18.00
14.00
8.80
8.80
8.00
9.60
�8.00
10.00
8.80
8.00
10.00
16.00
12.00
10.00
" 00
9.00
19.00
19.00
22.00
22.00
17.00
12.00
14- 00
22.00
(12 hrs)
$1.25
1.50
1.50
1.50
1.50
1.10
1.50
1.00
1.50
1.50
1.00
1.25
1.10
1.25
3.25
2.00
2,375
1.10
-2.25
1.75
1.10
1.10
1.00
1.20
1.00
53-11-437-862
Payment for overtime and work on legal holidays shall be one and one-half times the general
prevailing rate. Payment for work on Sundays shall be twiceAhe general prevailing rate.
This method of payment has been found to prevail with contractors in this locality.
Information for bidders , proposal forms, specifications and plans, are on file at the
office of W. B. Holmes, City Engineer, City Hall, Lubbock, Texas, and at the office of the
Consulting Engineers, H. N. Roberts and Associates, 1310 Avenue Q, Lubbock, Texas.
Copies of Plans and Specifications may be secured from the Consulting Engineers upon
deposit of $25.00 as a guarantee of the safe return of the Plans and Specifications. The
full amount of the deposit will be returned to the Contractor on submission of a bona fide
bid on the work, with such Plans and Specifications, or upon returning the Plans and
Specifications immediately after examination of same and before the time of receiving bids
and advising the Engineer that bid will not be submitted; otherwise, the deposit shall be
forfeited. No obligation is assumed to return deposit under other conditions.
CITY OF LUBBOCK, TEXAS
Owner
By: /s/ Murrell R. Tripp
Murrell R. Tripp, Mayor ok:VEW
ATTEST:
Is/ Lavenia Lowe
Mrs. Lavenia Lowe, City Secretary
In accordance with the above notice, motion was made by Commissioner Morris, seconded by
Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter., Davis
and Thomas voting Yea, none voting Nay, that the bids be opened and read for installation
of sewer lines in the area west of Brownfield Highway and north and south of the Levelland
Highway.
Panhandle Const.
Company ,
Box 1564 ,
Lubbock, Texas.
H.N.ROBERTS & ASSOIATES
Consulting Engineers
Lubbock, Texas,
TOTAL
Bid Bond
Completion Time -
Calendar Days
CERTIFIED AS CORRECT
By: /sl A. C.Bowden
Engineer
$122,012.75
5%
180 Days
*H. B. Jordan & Co., R. B. Hodgson ,
Box 429, BOX 1651,
Plainview, Texas. Lubbock, Texas.
$120095.97 $141497.10
5% 5%
180 Days 180 Days
After consideration of all bids, motion was made by Commissioner Morris, seconded by
Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis
and Thomas voting Yea, none voting Nay, that the bid of H. B. Jordan of Plainview, Texas,
be accepted for this work it being considered the lowest and best laid. The Mayor being
hereby authorized to enter into contract..
Motion/bfa Ora=ssioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor
Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay,
to authorize the Mayor to enter into contract between the City of Lubbock and W. B. Hamilton
.for concession rights at the Mae Simmons Park Swimming Pool, for consideration of $$600,00.�
term of contract to be for period of 3 years, summer of Year 1953, 1954, and 1955. The
contract follows:
THE STATE OF TEXAS
KNOW ALL MHN BY THESE PRESENTS:
COUNTY OF LUBBOCK
The following Lease Contract made and entered into by and between the CITY OF LUBBOCK ,
a Municipal Corporation, acting by and through its officers, heretofore duly authorized,
hereinafter called Lessor, and W. . HAMILTON, residing at 401 East 20th Street, hereinafter
called Lessee-,
W I T N E S S E T H:
The Lessor leases fro Lessee one small building located in Mae Simmons Park, said building
being permanently located between the ladies' dressing room and grandstand at the Swimming
Pool in Mae Simmons Park at 24th and Weber in the City of Lubbock, Lubbock County, Texas.
The Lessee Agrees, binds and obligates himself to keepEhe grounds within a distance of
one hundred feet (1001) from said described building clean, and free from all papers sticks,
watermelon rinds and other trash, at all times, and to collect such trash, paper watermelon
rigdst and other garbage and have the same out of the park and dispose of the same at Lessee's
expense, and ,4� times to keep said building in good state of repair, and Lesse further agrees
with the Lessor that any damage done to said building by or through the negligence of the Lessee
then and in that event/Ehe said Lesser shall be bound and obligated to the Lessor to pay for such
damages in full. However, it is not intended that the Lessee shall be in any way liable for
damages which happen by the Acts of God or by some agency over which the Lessee has no control.
The Lessee agrees that he will not nail to said building any advertising or display signs
and that a violation of this provision of obis lease contract of the part of the Lessee shall
terminate this lease and all rights granted the Lessee herein; and the Lessor is hereby given
the right to cancel said lease upon a violation and take immediate possession of said building.
IT IS FURTHER UNDERSTOOD AND AGREED by and between Lessor and Lessee that this lease
covers and includes only the concession rights in the building hereabove described; such
conces&Dn to cover and include the right to sell merchandise of the kind and character commonly
associated with concession rights in public parks. Also, the Lessee shall be permitted to
sell aM-types of swimming pool accessories, and rental of suits and towels, but it is expressly
understood and agreed that the rights herein granted do not include the sale of intoxicating
liquors of any kind or character, or fireworks.
The Lessee is hereby given the night to place in said building, amusement equipment
provided that said amusement equipment is clean and wholesome; it being understood and agreed
thaVbhe use of any amusement equipment which is morally degrading is hereby prohibited, and
the City of Lubbock reserves the fight to say what amusement equipment the Lessee proposes to
use is morally degrading, and its decision shall be final and binding on the Lessee. The use
of any gambling devices is hereby prohibited, all amusement equipment must be placed within
said building and no amusement equipment will be permitted of the outside of said building, and
the Lessee shall never permit dancing in or outside of said building, and a violation on the
part of the Lessee of this provision of this lease contract shall automatically cancel the s
same and terminate all rights of the Lessee, and thgCity of Lubbock shall have the flight to take
immediate possession of said building.
The Lessee binds and obligates himself to comply with all the rules and regulations of the
City of Lubbock, Park and Recreation Commission, the State Park Board, and all Ordinances of
the City of Lubbock and laws of the State of Texas , and that a violation of the rules of the
Park and Recreation Commission of the City of Lubbock or any State law shall immediately
terminate all of the rights herein granted and this lease contract shall become null, and void
and of no further force and effect. Lessee agrees, in the event of .any such violation, to
vacate said premises upon written notice by the City Manager and to immediately remove all his
property therefrom. And, in the event Lessee fails to move said property therefrom after
receipt of such notice, the City of Lubbock is hereby authorized to remove the same therefrom
and to store op6Tthuwise dispose of said property with due care; the City to have, and is here-
by given the right of entr)s to said premises for the purpose of such removal, together with_
the right of possession thereafter, without lossei�6r liability of any nature.
In considergtion of the rights herein granted by the Lessor to Lessee, Lessee has in hand
paid to the City of Lubbock the sum of SIX HUNDRED and N01100 DOLLARS Cash, the receipt of
which is hereby acknowledged and confessed, for lease on concession building during the months
of May, June, July and August of each year for three (3) years from May 1, 1953. It is
further agreed that in the event the sluing pool is closed to the public by reason of any
epidemic or as a precautionary measure, that Lessee be refunded a pro rata part of the rental
paid in proportion to the number of days the pool is closed, compared with the rental paid on
this lease, it being expressly agreed by the parties hereto, however, that no pro rata of
repayment of any kind or nature shall be,payable until the premises have been closed for a
period of ten(lfl)•days consecutively and then such payment is to begin on the llth day and
continue thereafter until reopening of the premises or the four W -month period of each year
set out herein shall be terminated.
It is agreed between the parties and Lessee that soda water, pop, candy and ice cream
will be sold and dispensed from the leased premises to all bathers at popular prices establish-
ed in the City of Lubbocl, aqd not exceeding ten cents (100) per bar or cone or ten cents
(100) for pop op6ther individual unit containing the commodity, or in which the commodity is
sold, except that commodities may be sold at the prices stamped thereon by the manufacturers
unless otherwise expressly authorized by resolution of the City Commission.
The Lessee herein does hereby agree, bind and obligate himself to operate the concession
premises leased herein, on and according to the same scheduh as the swimming pool is operated,
being the same hours at all times and seasons during the months of May, June, July and August
of each year that the pool is open and operating for bathers.
Lessee further agrees, binds and obligates himself to indemnify and forever hold harmless
Lessor against each and every claim, demand or cause of action that may be made, or come against
it by any person or persons by reason of, or in any way arising out of any injur$ to said
person, or persons or through any negligent act on the part of Lessee or any of his agents,
servants, or employees, in or about the above leased premises.
This contract is not transferable in whole or in port, unless such transfer or assignment
is first approved in writing by the City Manager of the City of Lubbock; the contract shall
not become binding upon the City of Lubbock in full, prior to Mayk, 1953.
THIS CONTRACT EXECUTED IN DUPLICATE 26th day of March A.D., 1953.
CITY OF LUBBOCK
By: Lsl Murrell R. Tripp
Murrell R. Tripp, Mayor
ATTEST: Isl Lavenia Lowe _ (LESSOR)
/s/ W. B. HAMILTON
W. B. HAMILTON
(EESSER)
THE STATE OF TEXAS 0
COUNTY OF LUBBOCK 0
BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock, County, Texas,
on this day personally appeared MURRELL R. TRIPP, known to me to be the person whose 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 i4he capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 26th day of March, A.D. 1953.
(SEAL)
THE STATE OF TEXAS
COUNTY OF LUBBOCK
/s/ Maxine McCandless
NOTARY PUBLIC, Lubbock
County, Texas,
BEFORE ME, the undersigned, a Notary Public in and for said County, Texas, m this day
personally appeared W. B. HAMMLTON, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , A.D. 1953.
NOTARY PUBLIC., -Lubbock
(SEAL) County, Texas,
APPROVED:
APPROVED:
THE STATE OF TEXAS 0
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK 0
The following Lease Contract made and entered into by and between the CITY OF LUBBOCK,
a Municipal Corporation, acting by and through its officers, heretofore duly authorized,
hereinafter called Lessor, and Harry E. Hart, rending at 2505 31st Street, hereinafter
called Lessee:
W I T N E S S E T H:
The Lessor lease to Lessee one small building in K. N. Clapp Park said buiding being
Permantely located between the ladies' drssing room and the grandstand at/Ehe,$wimming Pool
in K. N. Clapp Park at 46th and Avenue U in the City of Lubbock, Lubbock County, Texas.
The Lessee agrees, birds and obligates himself to keep the grounds within a distance
of 100 feet from said described building clean and free from all papers, sticks, watermelon
See F a e rinds and other trash, at all times, and to collect such trash, paper, watermelon rinds and
429 for other garbage and have the same out of the park ano6ispose of the same at Lessee's expense,
a ut hori za - and at all times to keep said building in good state of repairs, and Lessee further agrees
ti on of with the Lessor that any damage done to said building by or through the negligencg of the
cant ra ct. Lessee then and in that event the said Lessee shall be bound and obligated to the Lessor to
pay for such damages in full. However, it is not intended that the Lessee shall be in any
way liable for damages which happen by the Acts of God/byrsome agency over which the
Lessee has no control.
The Lessee agrees that he will not nail to said building any advertising or display
signs and that a violation of this provision of this lease contract on the part of the Lessee
shall terminate this lease and all rights granted the Lessee herein; and the Lessor is here-
by given the right to cancel said Lease upon a violation and take immediate possession of
said building.
IT IS FURTHER UNDERSTOOD AND AGREED by and between Lessor and Lessee that this lease
covers and includes only the concession rights in the building hereinabove described; such
concession to cover and include the right to sell merchandise of the kind and character
commonly associated with concession rights in public parks. Also, the Lessee shall be permitted
to sell all types of swimming pool accessories, and rental of suits and towels, but it is
expressly understood and agreed that the righs herein granted to not include the sale of
intoxicating liquors of any kinor character, or fireworks.
The Lessee is hereby given the right to place in said building, amusement equipment provid-
ed that sAid amusement equipment is clean and wholesome ; it being understood and agreed that
the use of any amusement equipment which is morally degrading is hereby prohibited, and the
City of Lubbock reserves the right -to say what amusement equipment the Lessee proposes to use
is morally degrading, and its decision shall be final and binding on the Lessee. The use of any
gambling devices is hereby prohibited, all amusement equipment must be placed within said
building and no amusement equipment will be permitted onthe outside of said building, and the
Lessee shall never permit dancing in or outside of said building, and a violation on the part
ofthe Lessee of this provision of this lease contract shall automatically cancel the same
and terminate all rights of the Lessee, and the City of Lubbock shall have the right to take
immediate possession of said building.
The Lessee burls and obligates himself to comply with all the rules, and regulations
of the City of Lubbock, Park and Recreation Commission, the State Park Board, and all Ordinances
of the City of Lubbock and laws of the State of Texas, and that a violation of the rules of
the Park and Recreation Commission of the City of Lubbock or any State law shall immediately
terminate all of the ri#ht herein granted and this/iease contract shall become null and void
and of no further force and effect. Lessee agrees, in the event/ofkny such violation to vacate
said premises upon written notice by the City Manager and to immediately remove all his
property therefrom. And, in the event Lessee fails to move said property therefrom after
receipt of such notice, the City of Lubbock is hereby authorized to remove the same therefrom
and to store or otherwise dispose of said property with due care; the City to have, and is
hereby given the right of entry to said premise§tor the purpose of such removal, together
with the right of possession thereafter, without loss of liability of any nature.
In consideration of the rights herein granted by the Lessor to Lessee, Lessee binds and
obligates himself to pay to the City of Lubbock the sum of Nine hundred and sixty Dollars
for lease on concession building during the months of May, June, July and August of each
year for three (3) years from May 1, 1953. The entire consideration for such four (4) months
in each of the three (3) years is to be paid in advance on the 15th day of April, 1953. It is
further agreed that in the event the swimming pool is closed to the public by reason of any
epidemic or as a precautionary measure, that Lessee be refunded a pro rata part of the rental
paid in proportion to the number of days the pool is closed, compared with the rental paid on
this lease, it being expressly agreed by the parties hereto, however, that no pro rata of
repayment of any kind or nature shall be payable until the premises have bream closed for a
period of ten (10) days consecutively and then such payment iqto pegin on the llth day and
continue thereafter until reopening of the premises or the four W -month period of each
year set out herein shall be terminated.
It is agreed between the parties and Lessee that soda water, pop, candy and ice cream will
be sold and dispensed fromthe leased pre es to al �^}'�ers t o ular Aces established in
the City of Lubbock, and not exceeding / thi &d7teV9V�¢Pox V `ice 0Xthceoxp roc ividual unit
containing the commodity, or in which the commodity is sold, except that commodities may be
sold at the prices stamped thereon by the manufacturer, unless otherwise expressly authorized
by resolution of the City Commission.
The Lessee herein does hereby agree, bind and obligate himself to operate the concession
premises leased herein, on and according to the same schedulk as the swimming pool is operated
being the same hours at all times and seasons during the months of May, June, July and August
of each year that the pool is open,- and operating for bathers.
Lessee further agrees, binds and obligates himself to imdeminfy and forever hold harmless
Lessor against each and every claim, demand or casue of action that may be made, or come against
it by any person or persons by reason of, or in any way arising out of any injury to said
person or persons, or through any negligent act on the part of Lessee or any of his agents,
servants or employtees,/6f about the above leased premises.
This contract is not transferable in whole or in part, unless such transfer or assignment
is first approved in writing by the City Manager of the City of Lubbock; the contract shall not
become binding upon the City of Lubbock in full, prior to May 1, 1953.
It is further expressly understood and agreed that in the event the rental consideration
is not paid as above provided, such failure shall constitute an abandomment of this agreement
on the part of Lessee, and the City of Lubbock may, at its option, treat the same as abandoned
by Lessee, and the City may lease the premises to any person of its choice for the entire term
herein stated and shall not be required to respond in damages to the Lessee for any reason.
THIS CONTRACT EXECUTED IN DUPLICATE this 26th day of March, A.D. 1953.
ATTEST:
/s/ Lavenia Lowe
Lavenia Lowe, City Secretary -Treasurer
CITY OF LUBBOCK
By:_Is/ Murrell R. Tripp
Murrell R. Tripp, Mayor
(LESSOR)
/s/ Harry E. Hart
(LESSEE)
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned, a Notary Public in and for said 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 26th day of March, A.D. 1953.
(SEAL)
THK STATE OF TEXAS
COUNTY OF LUBBOCK
/s/ Maxine McCandless _
NOTARY PUBLIC, Lubbock County,
Texas.
BEFORE ME, the undersigned, a Notary Public in and for said County, Texas, on this day
personally appeared HARRY E. HART, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to/he that he executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE , this 26th day of March, A.D. 1953.
/s/ Roy L. Grimes
NOTARY PUBLIC, Lubbock County,
(SEAL) Texas.
THE STATE OF TEXAS (( KNOW ALL MIDST ®C THESE PRESENTS:
COUNTY OF LUBBOCK
The following Lease Contract made and entered into by and between the CITY OF LUBBOCK,
a Municipal Corporation, acting by and through its officers, heretofore duly authorized,
hereinafter called Lessor, and Harry E. Hart, residing at 2505 31st Street, hereinafter
called Lessee;
W I T N E S S E T H-
The Lessor lease to Lessee on4mall building in McKenzie State Park, said building
being permanently located between the mens' dressing room and grandstand at the Swimming
Pool in MacKenzie State Park .
The Lessee agrees, binds and obligates himself to keep the grounds within a distance of
One Hundred feet �10U) from said described building clean and free from all papers, sticks,
watermelon rinds, another trash, at all times, and to collect such trash, paper, watermelon
rinds and other garbage and have the same out of the park and dispose of the same at Lessee's
See Fage 429 expense, and at all times to keep said building in good state of repair, and Lessee further
for authoriza- agrees with the Lessor ttigtttany damage done to said building by or through the negligencg� of
ti on of the Lessee then and in/even E the said Lessee shall be bound and obligated to the Lessor to
contract. pay for such damages in full. However, it is not intended that the Lessee shall be in any
way liable for damages which happen by the Acts of God or by some agency over which the
Lessee has no. control.
The Lessee agrees that he will not mail to said building any advertising or display signs
and that abiolation of this provision of this lease contract on the part of the Lessee
shall terminate this lease and all rights granted the Lessee herein; and the Lessor is
hereby given the right to cancel said Lease upon a violation and take immediate possession
of said building. i
IT IS FURTHER UNDERSTOOD AND AGREED by and between Lessor and Leasee that this lease
covers and includes only the concession rights in the building hereabove described; such
concession to covei/and include the right to sell merchandise of the kind and character con
associated with concession rights in public parks. Also, the Lessee shall be permitted
to sell all types of swimming pool accessories, and rental of suits and towels, but it is
expressly understood and agreed that the rights herein granted do not include the sale of
intoxicating liquors of any kind or character, or fireworks.
The Lessee is hereby given the right to place in said building, amusement equipment
provided that said amusement equipment is clean and wholesome; it being understood and agreed
that the use of any amusement equipment which is morally degrading is hereby prohibited,
and the City of Lubbock reserves the right to say what amusement equipment the Lessee propose:
to use is morally degrading, and its decision shall be final and binding on the Lessee. The
use of any gambling devices, is hereby prohibited, all amusements equipment must be placed
within said buiMing and no amusement equipment will be permitted on the outside of said
building, and the Lessee shall never permit dancing in or outside of said building, and a
violation on the part of the Lessee of this provision of this lease contract shall auto-
matically cancel the same and terminate all rights of the Lessee, and the City of Lubbock
shall have the right to take immediate possession of said building.
The Lessee birds and obligates himself to comply with all the rules and regulations
of the City of Lubbock, Park and Recreation Commission, the State Park Board, and all
Ordinances of the City of Lubbock and laws of the State of Texas, and that a violation of
the rules of the Park and Recreation Commission of the City of Lubbock oxAny State law shall
tediately terminate all of the rights herein granted and this lease contract shall become
l and viod and of no further force and effect. Lessee agrees, ke event of any such
violation, to vacate said premises upon written notice by the CitA=ager and to immediate
remove all his property therefrom. And, ir/the event Lessee fails to move said property therefrom
after receipt of such notice, the City of Lubbock is hereby authorized to remove the same
therefrom and to store or otherwise dispose of said property with due care; the City to haste,
and is hereby given the right of entry to said premises for the purpose of such removal,
together with the right of possession thereafter, without loss or liabolity ofany nature.
In consideration of the rights herein granted by the Lessor to Lessee, Lessee binds and
obligates himself to pay to the City of Lubbock the sum of One Thousand -Six hundred and
seventy-five ($1,675.00) Dollars for lease on concession building during the months of May, June
July and August of each year for three (3) years from May 1, 1953. The entire consideration
for such four (4) months in each of the three (3) years is to be paid in advance orythe 15th
day of April, 1953. It is further agreed that in the event the swimming pool is closed to the
public by reason of any epid wrAt or as a precautionary measure, that Lessee be refunded a pro
rate part of the rental paid in proportion to the number of days the pool is closed, compared
with the rental paid on this lease, it being expressly* agreed byAhe parties hereto however,
that no pro rata of repayment of any kind or nature shall be payable until the premises
have been closed for a period of the (10) days consecutively and then such payment is to begin
on the llth day and continue thereafter until reopening of the premises or the four (4)-month
period of each year set out herein shall be terminated.
It is agreed between the parties and Lessee that soda water, pop, candy and ice cream will
be sold and dispensed frorAhe leased premises to all bathers at popular prices established in
the City of Lubbock, and not exceeding ten cents (100) per bar or cone or ten cents (100)
for pop or other individual unit containing the commodity, or in which the commodity is sold,
except that commodities may be sold at the prices stamped thereon bythe Manufacturer, unless
otherwise expressly authorized by resolution of the City Commission.
The Lessee herein does hereby agree, bind and obligate himself/to operate the concession
premises leased herein, on and according to the same schedule as the swimming pool is operated,
being the same hours at all times and seasons during the monthb of May, June July,and August
of each year that the pool is open and/operating for bathers.
Lessee further agrees, binds and obligates himself to indeminfy and forever hold harmless
Lessor against each -and every claim, demand or cause of action that may be made, or come against
it by any person or persons by reason of, or in any way arising out of any injury to said person
or persons, or through any negligent act or}&he part of Lessee or any of his agents, servants
or employees, in or aboutkhe above leased premises.
This contract is not transferable in whole or in part, unless such transfer or assignment
is first approved in writing by the City Manager of the City of Lubbock; the contract shall
not become binding upon the City of Lubbock in full, prior to May 1, 1953;
It is further expressly understood and agreed that in the event the rental consideration
is not paid as above provided, such failure shall constitute an abandonment of this agreement
orythe part of Lesseg , and thetity of Lubbock may, at its option, treat the same as abondoned
by Lessee, and the City may lease the premises to any person of its choice for the entire term
herein stated and shall not be required to respond in damages to the Lessee for any reason.
THIS CONTRACT EXECUTED IN DUPLICATE this 26th day of March, A.D. 1953.
ATTEST:
/s/ IM!ani'a Lowe
Lavenia Lowe, City Secretary -Treasurer
THE STATE OF TEXAS
COUNTY OF LUBBOCK
CITY OF LUBBOCK
By: /s/ Murrell R. Tripp
Murrell R. Tripp, Mayor
(LESSOR)
/s/ Harry E. Hart (LESSEE)
BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas,
on this day personally appeared MURRELL R. TRIPP, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same as
the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration there-
in expressed, and i4he capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 26th day of March, A.D. 1953.
(SEAL)
THE STATE OF TEXAS 0
COUNTY OF LUBBOCK 0
/s/ Maxine McCandless
NOTARY PUBLIC, Lubbock County,
Texas.
BEFORE ME, the undersigned, a Notary Public in and for said County, Texas, on this day
personally appeared HARRY E. HART, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 26th day of March, A.D. 1953.
/s/ Roy L. Grimes
NOTARY PUBLIC, Lubbock County,
Texas.
(SEAL)
No further business coming up for consideration, the City Commission recessed to meet
April 3, 1953, at 9:30 A.M.
II
Read and approved this the 9th day of April , 1953.
ATTEST:
Ci Secretary Treasurer. ____