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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/27/1953REGULAR MEETING AUGUST 27, 1953 LUBBOCK, TEXAS The City Commission of the City of Lubbrock met at 10:00 A.M. in regular session at the regular meeting place in the City Hall the following iAembers thereof being present, to -wit: Mayor Murrell R. Tripp, Commissioners Harry Morris, Hurley Carpenter., L. E. Davis, Lucian Thomas, City Manager Stevie Matthews, City Attorney Vaughn E. Wilson, City Secretory -Treasurer Lavenia Lowe. Absent: None Motion by Commissioner Carpenter, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter.. Davis and Thomas voting Yea, none voting Nay, Minutes of Regular Meeting of the City Commission of August 13, 1953 were mad and approved. Motion by Commissioner Carpenter, seconded.by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Minutes of accounts allowed from Warrant No. 6078-F through Warrant No. 7079-F, both inclusive, were read and approved. 53-12-67-134 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1421 was passed on second and final reading. ORDINANCE NO. 1421 AN ORDINANCE ANNEXING AN AREA AND TERRITORY ABUTTING AND ADJACENT TO THE PRESENT LIMITS OF THE CITY OF LUBBOCK, SAID AREA AND TERRITORY COMPRISING THAT PORTION OF THE NiACKENZIE STATE PARK ABUTTING AND LYING NORTH AND EAST OF THE PRESENT CITY LIMITS AND BEING ALL OF THAT PART EAST OF THE WEST BOUNDARY LINE AND NORTH OF THE SOUTH BOUNDARY LINE OF SECTION ONE (1), BLOCK "A", LUBBOCK COUNTY, TEXAS, AND WEST AND SOUTH OF A LINE GENERALLY FOLLOWING THE NORTHEAST RIM OF YELLOWHOUSE CANYON, INCLUDING A PORTION OF LAND LYING IN SECTION 77, BLOCK "A", LUBBOCK �I COUNTY, TEXAS, ALL AS IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; PROVIDING FOR THE EXTENSION OF THE CITY LIMITS AND CORPORATE BOUNDARIES OF THE CITY OF LUBBOCK; PROVIDING FOR PUBLICATION AND FINAL PASSAGE UNDER THE PROVISIONS OF SECTION 3-A, t ARTICLE I, CHAPTER ONE OF THE CHARTER OF THE CITY OF LUBBOCK, AND EXTENDING THE CITY LIMITS TO INCLUDE ALL OF SAID AREA DESCRIBED IN THE BODY OF THIS ORDINANCE, 53-12-67-135 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. 1435 was passed on second and final reading. ORDINANCE NO. 1435 AN ORDINANCE ABANDONING AND CLOSING THAT PART OF AVENUE "G" LYING BETWEEN 38TH STREET AND 40TH STREET DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE AND BEING GEN_ ERALLY THE WEST 10 FEET OF AVENUE "G" BETWEIN THE SOUTH LINE OF 38TH STREET AND THE NORTH LINE OF 40TH STREET. 3-12-68-136 Motion by Commissioner Carpenter, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1443 was passed on second and final reading. ORDINANCE NO. 1443 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 NO. 443 - CHAFE BLOCK ONE OF THE ALMEDIA SUBDIVISION FROM THE "B" TO "H" ZONING DISTRICT 49TH STREET AND AVENUE Q); AND (2) ZONING CASE NO. 446 - CHANGE THAT PROPERTY WITHIN THE CITY LIMITS SOUTHEAST OF THE TRAFFIC CIRCLE BETWEEN TAHOKA HIGHWAY AND THE PROPOSED SLATON HIGHWAY FROM THE "F" TO "H" ZONING DISTRICT. -12-68-137 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. 1444 was passed as an emergency measure. ORDINANCE NO. 14" AN ORDINANCE ESTABLISHING A NO -PARKING ZONE ON THE WEST SIDE OF AVENUE "T", BEGINNING AT LOTH STREET AND EXTENDING SOUTH 10 18TH STREET; AUTHORIZING PAINTING OF CURBS AND THE ERECTION OF SIGNS; PROVIDING A PENALTY; REPEALING ALL CONFLICTING ORDINh:uCES; AUTHORIZING PUBLICATION AND DECLARING AN EMERGENCY. -12-68-D Motion by -Commissioner Thomas, seconded by Commissioner Moridz, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1445 was passed as an emergency measure. ORDINANCE NO. 1445 AN ORDINANCE AMENDING SECTION 23 OF ORDINANCE NO. 564, AS 'AIVIENDED BY ORDINANCE NO. 1414, THEREBY CHANGING PARKING METERS NOS. 10-8-1, 10-8-3 AND 10-8-5 ON THE SOUTH SIDE OF THE 800 BLOCK OF TENTH STREET, AND PARKING METERS NOS. G-10-2, G-10-4 AND G-10-6 ON THE WEST SIDE OF THE 1000 BLOCK OF AVENUE "G", FROM ONE -NICKEL, ONE -HOUR PARKING TO 12-MINUTE, ONE-PEVINY, 24-MINUTE, TWO -PENNY OR ONE -NICKEL PARKING; REPEALING ALL CONFLICTING ORDINA_ZES; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. -12-68-139 Motion by Commissioner Thomas, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1446 was passed on first reading. ORDINANCE NO. 1446 AN ORDINANCE ABANDONING AND CLOSING THAT PART AND PORTION OF AVENUE "B" SITUATED SOUTH OF BROADWAY AND NORTH OF THE PANHANDLE AND SANTA FE RAILROAD RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO;, -WIT: BEGINNING AT THE NO-c,HWEST CORNER OF LOTS ONE(1), BLOCK 141, ORIGINAL TOWN OF LUBBOCK, LUBBOCK COUNTY, TEXAS; THENCE IN A SOUTHERLY DIRECTION 115 FEET TO THE SOUTHWEST CORNER OF SAID LOT ONE (1), BLOCK 141; THENCE WEST ALONG THE NORTH LINE OF AN EAST -WEST ALLEYWAY, 51.5 FEET TO A VOINT IN THE NORTH LINE OF PANHANDLE AND SOUTH PLAINS RAILWAY RIGHT-OF-WAY; THENCE IN A NORTHWESTERLY DIRECTION ALONG AND WITH THE NORTH LINE OF SAID RAILWAY RIGHT-OF-WAY, 36.7 FEET TO A POINT IN THOEST LINE OF AVENUE "B"; THENCE NORTH ALONG THE WEST LINE OF AVENUE "B", 96.9 FEET TO A POINT IN THE SOUTH RIGHT-QF-WAY LINE OF BROADWAY; THENCE EAST ALONG THE SOUTH RIGHT-OF-WAY LINE OF BROADWAY, 75 FEET TO THE POINT OF BEGINNING. -12-68-V+o Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1447 was passed as an emergency measure. ORDINANCE NO. 1447 AN ORDINANCE AMENDING SECTION ONE (1) OF FIRE ZONE ORDINANCE NO. 1036 AND ORDINANCE NO. 1219 FOR THE PURPOSE OF AMENDING AND CHANGING THE DESCRIPTION OF PROPERTY INCLUDED IN FIRE ZONE NO. 2; DIRECTING TIE BUILDING INSPECTCH TO MAKE CHANGES IN THE FIRE ZONE MAP MAINTAINED BY HIM; AND DECLARING AN EMERG&iCY. -12-68-141 NOTICE OF BUDGET HEARING NOTICE IS hereby given that at 2:00 o'clock P.M., August 27, 1953, in the City Offices of the City 0ommission on the first floor of the City Hall, Lubbock, Texas, there will be hdd by said City Commission a public hearing oh Budget of the City of Lubbock coveriAg the fiscal year beginning October 1, 1953 and end- ing September 30, 1954. BY ORDER OF THE CITY CO1&iISSI0N of the City of Lubbock, Texa4, this 23rd day of July, 1953. /s/ Murrell R. Tripp ___ Murrell R. Tripp, Mayor City of Lubbock, Texas ATTEST: /s/ Lavenia Lowe ._ Lavenia Lowe, City Secretary -Treasurer (Seal) In accordance with the above notice, hearing was held at 2:00 P.M. on budget of the City of Lubbock covering the fiscal year begin�iing October 1, 1953 and enddrig September 30, 1954, no citizen appeared for the hearing. After discussion and consideration of the budget, 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 be closed and the following Resolution be passed. R E S O L U T I O N WHEREAS, on July 23, 1953 the City Commission ordered notice to be given of a public hearing at 2:00 P.M. on August 27, 1953 in the City offices of the City Commission on the Budget of the City of Lubbock covering the fiscal year beginning October 1, 1953 and ending September 30, 1954; and, WHEREAS, a copy of the proposed Budget for the said fiscal year was duly filed with the City Secretary, as provided by law; and, WHEREAS, the public hearing was heldar the time and place as stated in said notice and the City Commission, at the conclusion of such hearing, made certain changes in said Budget as in their judgement the law warrants and the best interests of the taxpayers of the City demand, such changes being plainly noted in the Budget attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. That the Budget for the fiscal year beginning October 1, 1953 and ending September 30, 1954, as changed and finally approved, attached hereto, BE and the same is in all respects approved and adopted. SECTION 2. The Budget, as approved and adopted, is hereby ordered filed with the City Secretary of the City of Lubbock, and a true copy of said Budget as approved herein be filed by the Manager in the office of the County Clerk of the County. of Lubbock, and a true copy be filed with the State Comptroller, as required by law. On motion of Commissioner Morris, seconded by Commissioner Davis, the foregoing Resolution was passed by the City Commission on the 27th day of August, 1953, by the following vote: Commissioners voting "YEA": Morris, Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None ATTEST: js/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer 6JLS : sv 8-27-53 /s/ Murrell R. Tripp MURRELL R. T RL PP, Mayor ok:VEW 53-12-69-142 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, Ordinance No. 1448 was passed on first reading. ORDINANCE NO. 1448 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION ,jlfHIN THE CITY OF LUBBDCK, TEXAS, FOR THE YEAR 1953; APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS kd\fl)TTEhS FOR WHICH REVENUE MUST BE RAISED; LEVYING AN OCCUPATION TAX UPON ALL OCCUPATIONS TAXABLE; FIXING THE TIME IN WHICH SAID TAXES ME -AID ; AND ASSESSING PENALTY AND INTEREST FOR NON-PAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. That there shil be levied and assessed upon all property subject to taxation within the City of Lubbock, Texas, for the year 1953 the sum of $1.50 per Onq-Iundred ($100) Dollars' valuation thereof, and the same shall be applied to the various funds in the follow- ing manner: $0.63 per $100 valuation - - to the Interest and Sinking Fund .82 per $100 valuation - to the General Fund .05 per $100 valuation - to the Board of City Development Fund 1. 00 SECTION 2. That all ad valorem taxes shall be paid before the first day/Aruary, 1954, and taxes not paid by that time shall have added to said taxes such penalty and interest as provided in Ordinance No. 1329. SECTION 3. That there is levied upon all occupations taxable, one-half (1/2) the sum charged by the State of Texas for pursuing such occupation. AND IT IS SO ORDERED. On motion of Commissioner Davis, seconded by Commissioner Carpenter, this Ordinance was passed on first reading this 27th day of August, 1953, by the following vote: Commissioners voting "YEA": Morris, Carpenter, Davis, Thomas and Y yor Tripp Commissioners voting "NAY".- Nore On motion of Commissioner , seconded by Commissioner , this Ordinance was passed on second reading this day of , 1953 by the following vote: Commissioners voting "YEA": Commissioners voting "NAY": ATTEST: /s/ Lavenia Lowe, City Secretary -Treasurer WLS:sv 8-27-53 MURRELL R. TRIPP, Mayor ok:VEW 3-12-70-143 LEGAL NOTICE OF PROPOSED AMENDMENTS TO THE ZONING ORDINANCE OF THE CITY OF LUBBOCK, TEXAS TO ALL -INTERESTED PERSONS NOTICE is hereby given that the Planning and -Zoning Commission has recommended to the City Commission that Zoning Ordinance No. 661 be amended so that: ZONE CASE N0. 44.7 - Request of C. C. Leftwich to change Lots 1 through 8, Block 11, C. C. Leftwich Subdi-&ion 2nd Installment from the t1B11 to 11H11 Zoning District (19th Street and Orlando Avenue). The City Commission will hold a public hearing on August 27, 1953 at 2:00 o16lock P.M. in the City Commission Room on the first floor of the City Hall in Lubbock t4(consider the recommend- ations of the Zoning and Planning Commission to determine the advisability of adopting its proposal; and at which time and place all interested persons will be given an opportunity to protest against the proposed amendment or make recommendations in support thereof. After said hearing, the City Commission will determine whether the Zoning Ordinance will be amended in accordance with such recommendation. ATTEST: /s/ Lavenia Lowe _ Lavenia Lowe, City Secretary /s/ Murrell R. Tripp Murrell R. Tripp, Mayor In accordance with the above notice, hearing was held on change of zone as set out above. No person appeared to protest the change of zone of Case ##447. Mr. Turner, Secretary to the Planning and Zoning Commission, appeared in support of the zone change stating it was in accordance with the over all plan for zoning in the City of Lubbock, whereupon motion was made by Commissioner Carpenter , seconded by Commissioner Morris, Motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas votigy4fea, none voting Nay, that the hearing b(�closed and that Ordinance No. 1449 be passed on first reading. ORDINANCE NO.1449 AN ORDINANCE AlvM DING ZONING ORDINANCE NO. 661 AND THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: (1) ZONING CASE NO. 447 - CHANGE LOTS 1 THROUGH 8, BLOCK 11, C. C. LEFTWICH SUBDIVISION 2ND INSTALLKENT FROIJTHE "B" TO 11H11 ZONING DISTRICT (19TH STREET AND ORLANDO AVENUE). 12-70144 Motion by Commissioner Carpenter, seconied by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed. RESOLUTION WHEREAS, the Simmons Machine and Tod. Corporation occupies and operates their business on Lots One (1) and Twelve (12) in Block Four (Q, Morningside Addition to the City of Lubbock, Lubbock County, Texas; and WHEREAS, the said Simmons Machine and Tool Corporation as desirous of installing an over- head traveling crane across the naft-south alley between `Lots One (1), and Twelve (12) in Block Four (4), Morningside Addition, in order to more effectively utilize their property, and, in order to operate said overhead crane, it will Wracessary to use a portion of a public alley; NOW, THEREFORE, BE IT RESOLVED by THE CITY CO101ISSION OF THE CITY OF LUBBOCK: 1. That, subject to the/hereinafter stated terms and conditions, Simmons Machine and Tool Corporation be granted a license to install and operate an overhead traveling crane above an across the north -south alley between Lots One (1) and Twelve (12), Block Four (4), Morningside Addition to the City of Luboo ck. 2. Licensee shall erect said crane so that it will have a minumum clearance of fourteen feet (14' ) above the establish grade of the alley and the hoist to be kept clear of the alley t all times except when/use. 3. Said licensee shall pay to the City as compensation for said License the sum of One and/NO/100 ($1.00) Dollar per year for the duration of said license, which shall be for a period running from year to year, subject to the right of the City to cancel or revoke said license upon thirty (30) days' no tic e with or without cause. 4. This license is made subject to the condition that should the licensee., its successors or a§signs, exercise any rights under the 1Tmnse here/granted and prepare or begin or complete any part of that structure herin contemplated above and across said alley, that said licensee, its successors or assigns, will at all times defend, indeminfy and otherwise hold the City of Lubbock, its agents, servants and employees, harmless from any and all claims, demands, actions, causes of action, suns at law or in equity, of whatsoever kind or nature which may grow out of or be related to the making of this license, or the construction, erection or maintenance of the structure and appurtenances herein contemplated. 5. Licensee shall provide and erect such barricades, warning signs or other safety devices as shall be directed by the City Engineer, 6. At such time as the license should be cancelled or revoked, the overhead crane, as constructed under the license, shall be removed by the licensee at no cost to the City. 7. The license and privilege granted herein shall not be -.ransferable in whole or in part, except upon written consent of the City of Lubbock in each instance. All the ..covenances and provisions of this instrument shall be binding upon and enure to the benefit of the successors, legal representatives, assigns, heirs and administrators of the parties hereto to the same extent and effect as the same are binding upon and enure to the benefit of the parties hereto. On motion of Commissioner Carpenter, seconded by Commissioner Morris, the foregoing Resolution was approved and passed on this, the 27th day of August, 1953, by the following vote. - Commissioners voting "YEA": Morris, Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting "NAY": None ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer SG:rr g-2 6-53 /s/ Murrell R. Tripp MMURRELL R. TRIPP, Mayor STREET -USE LICENSE TO SIMMONS MACHINE AND TOOL CORPORATION This LICENSE made the 27th day of August, 1953, between the City of Lubbock , a Home Rule Municipal Corporation, hereinafter called 116ityl, and the SIIv�,ONS MACHINE TOOL CORPORtiTION, of Lubbock County, Texas, hereinafter called "Licensee", W I T N E S S E T H: _ THAT the parties hereto, for the consideration hereinafter expjresed, covenant and agree as follows: 1. Subject to the hereinafter stated terms and conditions, the City hen -by grants Licensee a License to install and operate an overhead travelin, crane above and across the ncrth-south alley between Lots One (1) and Twelve �12 ), Block Four (4), NMorningside Addition to the City�6f Lubbock. 2. Licensee shall pay to the City as compensation for such License the sum of One and No/100 ($1.00) Dollars per year for the duration of said License, which shall be for a period running from year to year, subject to the right of thetity to cancel or revoke said License upon thrity-day (30) notice, with or without cause. 3.Licensee shall erect said .crane so that it will have a minumum clearance of fourteen feet (14') above the established grade of the alley and the�hoist to be kept clear of the alley at all times except when in use. 4. This License is made subject to the condition that should the Licensee, its successors cr assigns, exercise any rights under the License here granted, and prepare or begin or complete any part of that structure herein contemplated above and across said alley, that said Licensee, its successors or assigns, will at all times defend, indemnify and otherwise hold the City of Lubbock its agents, servants and employees, harmless from any and all claims, demands, actions, causes of action, suits at law or in equity, of whatsoever kind or -iature which may grow out of or) be related to the making of this License, or the constructia� erection or maintenance of the struct- ure and appurtenances herein contemplated. 5. Licensee shall provide and erect such barricades, warning signs, or other safety devices as shall be directed by the City Ehgineer. 6. At such time as the License should be cancelled or revoked, the overhead crane as con- structed under this License shall be removed by the Licensee at no cost to the City. 7. The License and privilege granted herein shall not be transferable in whole or in part except upon written consent of the City of Lubbock in each instance. All the covenants and provisions of this inttrument shall be binding upon and enuring to the benefit of the successors, legal representatives, heirs and assigns of the parties hereto to the same extent and effect as the same are binding upon and enure to the benefit of the parties hereto. ov IN WITNESS JIJEREOF, the parties have executed this agreement in duplicate the day and yeare/ first Witten. ATTEST: /s/ Lavenia Lowe _ Lavenia Lowe, City Secretary -Treasurer ATTEST: /s/ Alice Short Smith Alice Short Smith, Secretary -Treasurer CITY OF LUBBOCK by /s/ Murrell 11. Tripp Murrell R. Tripp, Mayor SINMONS MACHINE AND TOOL CORPORATION by2s/ C . E. Sinunons C. E. Simmons, President -12-73-145 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 follow- ing Resolution was gassed. R E S O L U T I O N See page RESOLUTION ACCEPTING IMFROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED for Engineer's BELOW AND ORDERING THElMWt1�,E OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. letter. WHEREAS, the ity of Lubbock heretofore passed various street improvement ordinances and resolutions— ered into contract with Warren and Purtell, Inc. (G.W.O. 721) for the making and construction of street improvements on portions of numerous streets and/or avenues in said City includirg/among others the following: - 41st Street from its intersection with the West Paving Line of Avenue H to its intersection with the West Propehty Line of Avenue J, known and designated as Unit No. 1444. 41st Street from its intersection with the East Paving Line of Avenue H to its intersection with the West Paving Line of Avenue D, known and designated as Unit No. 1450. Avenue K (widening) from its intersection with the South Gutter Line of 16th Street to its intersection with the North Gutter Line of 19th Street, known and designated as Unit No. 1659. 35th Street from its intersection with the East Property Line of Avenue H to its intersection with the West Property Line of Avenue G, known and designated as Unit No. 1466. Avenue G from its intersection with the South Property Line of 34th Street to its intersection with the South Property Line of 35th Street , known and designated as Unit No. 1467. Avenue H (widening) from its intersection with the South Property Line of 30th Street (East Leg) to its intersection with the South Property Line of 33rd Street, known and designated as Unit No. 1469. 38th Street from its intersection with the West Gutter Line of Avenue A to its intersection with the West Property Line of Avenue B, known and designated as Unit No. 1457. AND WHEREAS, the improvements upon the said portions of the abovementioned streets and avenues, have been inspected and found to have been constructed in accordance with terms of said coat r*ct (GWO 721) THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That theAprovements on said portions of the abovementioned streets and avenues be, and the same are hereby accepted. II. That the Mayor and City Secretary be, and theyare hereby instructed to execute and deliver certificgtes in evidence of the assessments levied against the parcels of property abutting upon the said portions of streets and arenues listed above and against the owners of such property in accordance with law and in thg6anner provided in said contract, and the proceedings with reference to said improvements and assessments where such assesments were levied, and the City Engineer is herd directed to write a letter releasing money held in escrow to be paid the contractor for improvements where abutting property was not assessed. This resolution shall take effect and be in force from and after ibs passage. PASSED AND APPROVED THIS 27TH DAY OF AUGUST, }953• ATTES`1': /s/ Lavenia Lowe_ _ _ _ Lavenia Lowe, City Secretary APPROVED: /s/ W. B. Holmes W. B. Holmes, City Engineer APPROVED: Isl Vaughn E. _Wilson__ Vaughn E. Wilson, City Attorney /s/ Murrell R. Tripp _ Murrell R. Tripp, Mayor ,i 53-12-73-146 Motion 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 follow- ing Resolution be passed. ,e page $8 for igineer's letter R E S O L U T I O N RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OFSTREETS$ AND/OR AVENUES AS LISTED BEI WHEREAS, the City of Lubbock passed a resolution on May 14, 1953 authorizing the construction of stre,:t improvements in portions of-,arious street and/or avenues in said city including among others the following: 39th Street from its intersection with the East Paving Line of Avenue H to its intersection with the East Line of Scales Addition, known and designated as Unit No. 1525. AND WHEREAS, the improvements upon the said portions of the abovementioned streets and/or avenues, have been inspected and found to have been constructed according to the approved plans and specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBDCK, TEXAS: I. That the improvements on said portions of the abovementioned streets and avenues, be, and the same are hereby accepted. II. This resolution shall take effect and be in force from and after its passage. PASSED AND AP'I'ROVED THIS 27TH DAY OF AUGUST, 1953. ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary ,APPROVED: /s/ W. B. Holmes W. B. Holmes, City Engineer L APPROVED: /s/ Vaughn E. Wilson _ Vaughn E. Wilson, City Attorney /s/ Murrell R. Tripp_ - Murrell R. Tripp.,Mayor •12-74-14.7 Motion by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the follow- ing Resolution was passed. RESOLUTION pa?e 88 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW. Engineer's ,er WHEREAS, in conformance with the paving requirement provisions of City Ordinance No. 1331, the subdivider of Manhattan Heights made arrangements for the construction of paving improve- ments on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivison plat of a portion of Manhattan Heights, including the following streets and/or avenues; East 24th Street from its intersection with the West Property Line of Redbud Avenue to its intersection with a line'7801 East of the West Property Line of Redbud Avenue, known and designated as New Subdivision Unit No. 40. Manhattan Drive from its intersection with a line 780' East of the West Property Line of Redbud Avenue to its in ersection with the South Property Line of East 26th Street, known and design- ated as Ne* Subdivision Unit No. 40-A. AND WHEREAS, the construction of the above improvements on the abovementioned streets and/ or avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with city specifications and in accordance with the provisions of City Ordinance No. 1331, THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS I. That the improvements on said portions of the abovementioned- streeta and/or avenues be, and the same are hereby accepted and the City Engineer be and is hereby authorized to direct payment of the City's portion. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 27TH DAY OF AUGUST, 1953.- 1 -1 J /s/ Murrell R. Tripp Murrell R. Tripp, Mayor 53-12-75-148 ATTEST: /s/ Lavenia Lowe_ _ Lavenia Lowe, City Secretary APPROVED: Isl W. B. _Holmes W. B. Holmes, City Engineer APPROVED: IsZ Vaughn E. Wilson Vaughn E. Wilson, City Attorney Motion by Commissioner Davis, seconded by Commissioner -Morris, 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 See page 89 RESOLUTION ACCEPTING IMPROVEMM TS ON PORTIONS OF STREETS, AND/OR -AVENUES AS LISTED BELOW. for Engineer's Letter. WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of McCulloch Addition Installment-Na. 1 made arrangements for the construction of paving improvements on certain stre,.ts dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of a portion of McCulloch Addition Installment No.1, including the following streets and/or avenues: 45th Street from its intersection with the Center Line of Quaker Avenue to its intersection with the West Property Line of McCulloch Addition Installment No. 1. known and designated as New Subdivision Unit No. 1. 46th Street from its intersection with the Center line of Quaker Avenue to its intersection with West Property Line of McCulloch Addition Installment Not, known and designated as New Subdivision Unit No. 2. Salem Avenue from its intersection with a line 15' South of the South Property Line of 45th Street to its intersection with a line 15' North of the North Property Line of 46th Street, known and designated as New Subdivision Unit No. 3. West 2 of Quaker Avenue from its intersection with a line 15' South of the South Property Line of 45th Street to its,intersection with a line 15' North of the North Property Line of 46th Street, kno-kn and designated as New Subdivision Unit No. 4. AND WHEREAS, the construction of the above improvements on the abovementioned streets and/or avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with city specifications and in accordance with the provisions of City Ordinance No. 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets and avenues, be,_ and the same are hereby accepted and the City Engineer be and is hereby authorized to direct payment of City's portion. II. This resolution shil take effect and be in force from and after its passage. PASSED AND APPROVED THIS 27TH DAY OF AUGUST, 1953. ATTEST: JsJ Lavenia Lowe Lavenia Lowe, City Secretary APPROVED: Isl W. B. Holmes W. B. Holmes, City Engine_,er^ APPROVED: Isl Vaughn E. Wilson _ _ Vaughn E. Wilson, City Attorney Zsl Murrell R; Tripp ^ _ Murrell R. Tripp, Mayor 53-12-75-149 Motion by Commissioner Davis, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, the following Resolution was passed. R E S 0 L U TI.ON WHEREAS, by public demand the City Commission was many mm-ths ago faced with the problem of selecting a site for the Auditorium -Coliseum, and in an effort to locate the structure consistent with the desires generally of the citizens of Lubbock, considering present and future needs and uses of the building, and for this purpose selected membership forts Auditorium - Coliseum Board and charged it with the responsiblity of finding the proper solution to the location problem; and, WHEREAS, the Board, after public hearings and with the cooperation of Texastechnological College officials and the public generally, selected a site on the Texas,Technological College Campus pursuant to which the site so selected and appurtenances were conveyed to the City and a primary operating agreembnt entered into mutually agreeable to the City and the College; and, WHEREAS, the City Com-,-fission desires to make publicly known its appreciation for the excel- lent work done by the members of the Board; THEREFCRE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT, the members of the Auditorium -Coliseum Board, namely J. D. Hassell, Chairman, W. B. Rushing, Homer Maxey, C. W. Ratliff, J. Ray Dickey, Dave Sherrill, Joe Bryrgn$, Harold Chapman and James L. Quicksall, are individually and as a group highly commended for the unselfish public service rendered in behalf of this project; and the City Commission extends its congrat- ulationstu each member of the Board, the College Authorities and the Citizens of Lubbock for the outstanding spirit of cooperation and foresight evidenced in the final location and mutual agreements entered into, all of which have been satisfactorily concluded in the public interest. Passed and approved by unanimous vote of the City Commission, namely, Murrell R. Tripp, Mayor, Hurley Carpenter., L. E. Davis, Harry Morris and Lucian Thomas, Commissioners, this 27th day of August, 1953. /s/ Murrell R. Tripp Murrell R. Tripp, Mayor ATTEST: /s/ Lavenia Lowe _ Lavenia Lowe, City Secretary -Treasurer VEW:sv 5-29-53 s-12-76-150 There was discussion of passing'Resolution to initiate the investment of the reserve portion of the interest and sinking fund now on deposit with the First National Bank of Dallas. This reserve being fw the retirement of electric revenue bonds. No action was taken in this regard. -12-76-151 Potion by Commissioner Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize Change Order No. 1 to contract of April 3, 1953 between the City of Lubbock and H. B. Jordan Company covering sanitary sewer installation in "West Lubbock" under GWO 726 said Change Order to add $264 to this contract to provide for cast iron pipe under the future paving width of the Brownfield Highway. -12-76-152 Motion 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 Change Order No. 3 to contract of Warren & Purtell, GO 721 covering paving and widening. This Change Order to authorize extension of completion date of contract from September 1, 1953 to October 15, 1953. -12-76.-153 Motion by Commissioner Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize Change Order No. 2 to contract of Ernest Loyd for miscellaneous paving and seal coating work under GWO 760 and 761 and AVIO #139. This Change Order to extend completion date of this contract from September 1, 1953 to September 15, 1953. -12-76-154 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 authorize parade to be held at 4:00 P.M. Thursday, September 3, 1953, in connection with Lubbock Jr. Rodeo being sponsored by the Optimist Club. -12-76-155 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 use of parking spaces south of the old Court House for the Chest X-Ray drive September 3 through the 5, and September 8 through 12, 1953. This project being sponsored by the Lubbock Kiwanis Club. 53-12-77-156 TV:otion-by Commissioner Morris, seconded by Commissioner Thomas motion carried, Mayor Tripp and Commis§ione rs 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 BE IT RESOLVED BY THE CITY COkIiiISSION OF THE CITY OF LUBBOCK: THAT the Mayor BE, and he is hereby authorized to execu, e on behalf of the City of Lubboc4 the, original and two (2) copies of the attached instrument conveying 7.% acres of land on Texas Tech Campus to the City of Lubbock, which includes also 11.15-acres of land for parking space, as executed by College authorities August 15, 1953, and the City Secretary is authorized and directed to file the original of said instrument with the County Clerk in the Deed Records of Lubbock County,,Texas. On motion of Commissioner Morris,seconded by Commissioner Thomas, the foregoing Resolution was approved and passed this 27th day of August, 1953, by the following vote. Commissioners voting "YEA": Morris, Carpenter, Davis and Thomas and Mayor Tripp Commissioners voting "NAY": None Isl Murrell R. Tripp MURRE R. TRIPP, Mayor ATTEST; • ok:VEW /s/ Lavenia Lowe, Lavenia Lowe, City Secretary -Treasurer VEW:sv 8-25-53 THE STATE OF TEXAS 0 COUNTY OF LUBBOCK 0 KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the State of Texas owns the lands described by this conveyance and which are a part of Texas Technological College Campus at Lubbock,, Texas, and the Board of Directors of said college has selected a tract of land pursuant and subject to the provisions of House Bill 478, being an Act passed by the 53rd Legislature Regular Session, 1953, for the purposes therein stated; THEREFORE, The BOaRD OF DIRECTCRS OF TEXAS TECHNOLOGICAL COLLEGE, herein called GRANTOR, of the County of Lubbock, State of Texag, acting herein by its duly authorized officers, for and in consideration of the sum of ONE -AND NO/100 ($1.00) DOLLARS, to it in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation, of Lubbock County, Texas, herein called GRANTEE, and the following considerations, respectively, to be done and performed by Grantor and Grantee, t o-wit : For the purpose of describing locations and boundaries, a drawing and plat of the Engineer- ing Department of the City of Lubbock, bearing date 6-16-53, File No.-2-D-47, as Revised 8-3-53, is attached to and made a part of this instrument of conveyance and marked "Exhibit All; and, GRANTEE to construct and erect an auditorium -coliseum structure on Area No. 1, as design- ated on "Exhibit All; GRANTEE to pave the parking area designated as Area No. 2 on "Exhibit All and install lighting equipment thereon, and to maintain the parking surface thereof; - GRANTOR hereby dedicates Area No. 3 on "Exhibit A," being Sixth Street extended to connect College Avenue with U. S. Highway 62, to public use, GRANTOR to cause the daid area to be opened anq&-Mproved by TEXAS TECHNOLOGICAL COLLEGE prior to the completion of the auditorium - coliseum structure by GRANTEE on Area No. 1, as shown by "Exhibit All; TEXAS TECHNOLOGICAL COLLEGE to clear Area No. 3 for paving purposes and pave saidarea by paying one-half (1/2) the total cost of paving the said area according to plans and specifications of the GRANTEE'S City Engineer; GRANTEE to bear one-half (1/2) the total cost of such paving and maintain said Area No. 3; have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the said CITY OF LUBBOCK, a Home Rule Municipal Corporation, of the County of Lubbock, State of Texas, all that certain lot, tract and parcel of land out of Section One (1), Block E-2, Lubbock County, Texas more particularly described as follows, to -wit - BEGINNING at a point which is 2573.69 feet west and 724.51 feet south of the northeast corner of Section One (1), Block E-2, Lubbock Count;;, Texas, said point being • the northwest corner of this tract and also being in the southeast R-O-W line of the Texas State Highway Department Fourth Street Freeway opposite Station No. 82 plus 30.0; THENCE S. 360 07' 0011E., a distance of 210.00 feet to a point of curvature; THENCE in a southeasterly direction along a durve to the left, an arc distance of 644.02 feet (Curve data: R = 410.0 feet, I = 900 001, L = 644.02 feet, the long chord bearing S. 810 07' 00" E., a distance of 579.82 feet) to a point of tangency; THENCE N. 530 53' 00" E. a distance of 220.00 feet to a point; THENCE N. 360 07' 00" W. a distance of 249.37 feet to a point; THENCE S. 530 53' 00" W. a distance of 125.00 feet to a point; THENCE N 60 3 1 11 07 00 W. a distance of 347.55 feet to a point, said point being in the south R-O-W line of the said Texas State Highway Department Freeway; THENCE in a southwesterly direction following the said Highway R-O-W line along a curve to the left, an are distance of 360.48 feet (Curve data: R = 6804.93 feet, - I = 700 211 2711, L = 360.4$ feet, the long chord bearing S. 57 33' 44" W. a distance of 359.94 feet) to a point of tangency, said point being oppisite Station No. 83 plus 75.8 of the said highway; THENCE S. 530531 0011 W. a distance of 145.80 feet to the PLACE OF BEGINNING; Containing 7.01 acres of land, and being Area No. 1 shown on "Exhibit A." GRANTOR hereby grants an easbmennt to the CITY OF LUBBOCK for public parking uses necessary and incidental to the use of the auditorium -coliseum to be erected on Area No. 1, upon all of Area No. 2,as shown by "Exhibit A," said area and tract of land being out of Section One (1), Block E-2, Lubbock County, Texas, and more particularly described by metes and bounds as follows: BEGINNING at a point which is 1186.40 feet west and 71.91 feet south of the northeast corner of Section One (1), Block E-2, said point being the northeast corner of this tract and also being 30.00 feet west of the center line of a north and south street. A projection of said centerline passes through Station No. 98 plus 46.0 at the center- line of the East BoTind Leg of the Fourth Street Freeway, as established by the Texas Highway Department; THENCE /south a distance of 705.39 feet to a point, said point being 30.00 feet west of the centerline of said north and south street; THENCE west a distance of 278.44 feet to a point of curvature; THENCE in a southwesterly direction along a curve to the left an arc distance of 250.49 feet Curve Data; R - 398.25 feet, I = 360 071 0011, L = 250.49 feet, the long chord bearing S. 71 561 30" W. a distance of 246.90 feet) to a point of tangency, said point being in the most easterly corner of an Auditorium -Coliseum tract; THENCE N. 360 071 00t1 W. with a boundary line of an Auditorium -Coliseum tract a distance of 249.37 feSt to a point; THENCE S. 53 53' 00i1 W. with a boundary line cf an Auditorium -Coliseum tract, a distance of 125.00 feet to a point; THENCE N.. 36 071 00" W. with a boundary line6f an Auditorium -Coliseum tract a distance of 347.55 feet to a point, said point being in the southeast R-O-W line of the said Fourth Street Freeway; THENCE in a northeasterly direction, with the south R-O-W line of said Fourth Street Freeway, along a curve to the right an are distance of 176.81 feet (Curve data: R = 2804.93 feet, I - 030 361 3311, L . 176.81 feet, the long chord bearing N. 630 031 0011 E. a distance of 176.20 feet) to a point of tangency; THENCE N. 640 511 0011 E. with the south boundary line of the said Fourth Street Freeway, a distance of 366.90 feet to a point of curvature; THENCE in a northeasterly direction, with the south R-O-W line of the said Fourth Street Freeway, along a curve to the right, an are distance of P+98.62 feet (Curve data: R - 1577.28 feet, I ,r 180 061 1311, L " 498.62 feet, the/long chord bearing N. 730 541 0711 E. a distance of 496.30 feet) to the PLACE OF BEGINNING; Containing 11.15 acres of land; it being further provided that title to said tract of land constituting Area No. 1 and buildings located thereon, together with the easement herein granted to Area No. 2 and the public easement herein granted to Area No. 3, shall revert to TEXAS TECHNOLOGICAL COLLEGE should GRANTEE permanently abandon the proposed structbre (auditorium -coliseum) and tract of land designated on said 11Exhibit Aft, as Apea No. 1, for auditorium -coliseum purposes. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise bel6ngi-ng unto the said CITY OF LUBDOCK and its assigns forever; and GRANTOR hereby binds itself and its successors, the State of Texas and Texas Technological College, to warrant and forever defend, all and singular, the said premises unto the said CITY OF LUBBOCK, a Home Rule Municipal Corporation, and its assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof. This conveyance, together with easements and other rights herein granted, is made and executed in contemplation of the City of Lubbock's constructing and erecting an auditorium - coliseum as provided herein and is subject to due acceptance by the Governing Body of the City of Lubbock, and the provisions of this instrument shall not be construed to preclude the parties hereto from further contracting as provided by House Bill 478. WITNESS OUR HANDS at Lubbock, Texas, this 15th dhy of August, 1953 . ATTEST: /s/ W. T. Gaston Secretary (SEAL) BOARD OF DIRECTORS TEXAS TECHNOLOGICAL COLLEGE By:Ls/ Chas. C. Thompson Chairman of the Board of Directors /s/ W. T. Gaston Secretary of the Board of Directors THE STATE OF TEXAS COUNTY OF14ITCHELL � L BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared Charles Q. Thompson, 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 TEXAS TECHNOLOGICAL COLLEGE, its BOARD OF DIRECTORS, and as Chairman of the Board of Directors'thereof, and for the purposes and a)nsideration therein expresed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 15th day of August, 1953, (SEAL) THE STATE OF TEXAS j COUNTY OF LUBBOCK 0 /s/ John M. Worrell John M. Worrell, Notary Public, Rit:chell County, Texas BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared W. T. Gaston, 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 TEXAS TECHNOLOGICAL COLLEGE, its BOARD OE DIRECTORS, and as Secretary of the Board of Directors thereof, and for the purposes and consideration therein expressed, and in the capacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 15th day of August, 1953. /s/ Virginia Snel ling Virginia Snelling, Notary Public, Lubbock County, Texas, For the purposes and donsiderations expressed in the foregoing conveyance, the May of the City of Lubbock hereby accepts the said conveyance on behalf of the CITY OF LUBBOCK, as authorized by its Governing Body, as shown by its minutes recorded in Minute Book 12, page 77. WITNESS MY HAND at Lubbock, Texas, this 27th day of August, 1953. /s/ Murrell R. Tripp ATTEST: MURRELL R. TRIPP, Mayes /s / Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer (SEAL) THE STATE OF TEXAS 0 COUNTY OF LUBBOCK (i BEFORE ME, the undersigned authority, 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 thereof, and for the purposes and consideration therein expreaed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 27th day of August, 1953. /s/ Maxine McCandless Maxine McCandless, Notary Public, (5) Lubbock County, Texas. 53-12-79-157 Motion by Commissioner r:orris, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis arxVthomas voting Yea, none voting Nay, the following was passed. R E S O L U T I O N BE IT RESOLVED BY THE CITY COM%iISSION OF THE CITY OF LUBBOCK: THAT the Mayor BE, and he is hereby authorized to execute on behalf of the City of Lubbock the original and two (2) copies of the.attached Operating Agreement relating to use of the Auditorium -Coliseum and appurtenances, as executed by College authorities the 20th Day of August, 1953. On motion of Commissioner Norris, seconded by Commissioner Thomas, the foregoing Resolution was approved and passed this 27th day of August, 1953, by the following vote: Commissioners voting"YEA": Morris, Carpenter, Davis, Thomas and Mayor Tripp Commissioners voting"NAY' : None aTTEST: 4s/ Murrell R. Try MURRELL R. TRIPP, Mayor s Lavenia Lowe ok:VEW Lavenia Lowe, City Secretary -Treasurer OPERATING AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK WHEREAS, under the authority of H. B. No. 4781, the Texas Legislature authorized the Board of Directors of Texas Technological College to convey/tract of land on the College Campus to the City of Lubbock for Auditorium -Coliseum purposes for the use of the City of Lubbocl , a Municipal Corporation of Lubbock County, Texas, and Texas Technological College : AND WHEREAS, the best interest of both the said College and City will be served by entering into.a written agreement regarding said use, the parties have agreed as follows: (1) The City of Lubbock is to erect all improvements in connection with said Auditorium- Coliseum at its own expense and is to maintain same under an Operational Board, upon which Board Texas Technological College is to have at least one representative at all times, with said representative being subject to the approval of the President of Texas Technological College. (2) On or before June 15th of each year the College will furnish the City, or the person responsible for the scheduling of events in said Auditorium -Coliseum, a sbhedule of events for the college -sponsored programs during the succeeding twelve (12) months beginning September 1, and the College will be given the dates and hours set up in said schedule, and no otherevents will be scheduled on said hours and dates so as to conflict with the use by the College, it being contemplated that approximately thirty-six (36)'such scheduled events by the College will be made and the Oity agrees to arrange for said fixed hors and dates, provided such dates do not conflict with existing commitments previously made/t Operational Bo.:.rd. In the event of any conflict, it shall be determined in the public interest by the Operational Board. In the event the College desires addtional use, the City agrees to set the best available hours and dates for the holding of such additional college -sponsored events. (3) The City agrees, upon receipt of the scheduled college -sponsored events above mentioned, that it will furnish to the College a list of expenses to be incuned in the use of the Auditorium - Coliseum by the College. This schedule of cost shall include the cost of day and night events separately, as well as the use of the Auditorium only.. or Coliseum only, or if both the Auditorium and Coliseum are used, the t attof such use shall be shown in the schedule to be furnished the Cole. (4) It is underttood that the use of the Auditorium -Coliseum by the College for college - sponsored events be upon the basis of cost when no admission is charged, and when an admission fee is charged the use is to be based upon a cost plus basis. It is underttood when the College is placed upon a cost plus basis for the use of the Auditorium -Coliseum that admission by -student activity ticket or season ticket that the calculation of the cost shall be the pro rata amount the College has received for such admission to the event... (5) The City agrees to maintain th4arking area and 6th Street at its own expense and will police the parking of vehicles attending Auditorium -Coliseum events not sponsored by the College. (6) It is further agreed that the parking area may be used by the College for R.O.T.C. drills when no event is scheduled in the Auditorium -Coliseum which would conflict with the use of the parking area. (7) The parking area shall not be used for off-street parking by either the College, the City, or the general public at any time, and the CityAgrees to enforce this provision. (8) It is agreed that where two or more events are scheduled in either the Stadium, Auditorium or Coliseum, there shall be no priority assigned in the parking area and that such parking shall be on a first come first served basis. (9) It is understood that thee -parkin;- area may be used for parking for any College - sponsored event when not in conflict with Auditorium -Coliseum or Stadium activities. and (10) The City agrees that the building/grounds shall not contain any billboard advertising other thhn that which may be placed on the building of the Auditorium -Coliseum itself for special programs. (11) The City agrees immediate after each event to clean the parking area so that loose papers and other trash will not clutter up the grounds of the College. This cloning shall be done not later than the early morning following the night of the event and part of the cost of cleaning the grounds will be used in determing the cost of the use of the Auditorium -Coliseum. The College will clean after events held in the Stadium. (12) The City will Oxerciee due caution and diligence to protect College property during the use of the Auditorium -Coliseum by City -sponsored events, and the College will likewise protect College and City property during use of the Auditorium -Coliseum by college -sponsored events. (13) This agreembnt shall be mutually binding on both parties throughout the use of said Auditorium -Coliseum as stated in H.B. 478. (14) It is understood that both parties will at all times endeavor to -work together in the use of the Auditorium -Coliseum so as to promote the best interests at all times of both the College and the City, and that when problems arise requiring a change or modification in this agreembnt that the/proper authorities for both parties shall be informed thereof, and as quickly as possible under the circumstances, said problems shall be decided by said parties. (15) It is underttood end agreed that the College shall not be liable in any respect for any injuries to property or persons arising out of thEkSe of said Auditorium -Coliseum or the ad;46ining parking lot or streets for City -sponsored events. WITNESS OUR HANDS at Lubbock, Texas, this 20th day of August, 1953. ATTEST: /s/ W. T._Gastob _ Secretary (SEAL) ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer ( SEAL ) BOARD OF DIRECTORS TEXAS TECHNOLOGICAL, COLLEGE By2sL Chas. C. Thompson Chairman of the Baird of Directors s W. T. Gaston. _ Secretary of the Board of ^ Directors CITY OF LUBBOCK By: /s/ Murrell R. Tripp LL R. TRIPP, Mayor 53-12-81-160 Consideration was given the verbal proposal of Mr. 0. H. Schmidt, representative of the Fort WDtth and Denver Railway lanoffice, to grant to the City permanent easement for street purposes from 30th to 32nd Street on the east side of the Fort Worth and Denver trackage along Avenue L in exhange for Quit -Claim Deed to Ash Avenue, west of Veazey Lumber Company. It was unanimously agreed by the City Commission to refer this proposal to the Planning and Zoning Commission for further study and negotiations. 53-12-_81_-161_ 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 approve the award of contract to Hammock Bros. for moving the General Telephone. Co. garage and storage building in connection with Loth Street right -of -ray. The bid for moving this building being in the amount of 5,989.00, recommendation having beerinade-by Atcheson and Atkinson, architects, that this award be made. Bids having been received on June 25, 1953, for this work and Uds subsequently awarded to W. G. McMillan & Son but due to error in Mr. McMiLLan's bid all bids were later rejected, and new bids authorized to be taken on August 6, 1953, with the understand- ing that the owner had 30 days in which to award the contract. Other bids received for moving of this building being Arvol Hays $8,145.00 McMillan and Son 6, 814.00 Norcross Construction Co. 7,510.00 Cecil Pharr 8,167.08 Al Bridges 8,250.00 Jim 'vialker 7,290.00 53-12-81-162 Motion 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 Mayor Murrell R. Tripp to execute an agreement between the City of Lubbock and the Panhandle and Santa Fe Railroad Company covering power line agreement across Railroad Company's property and over its main track at Mile Post 1 Plus 3864 ft. and Mile Post 2 Plus 1862 ft. being Santa Fe DEOS No. 4679 dated June 29, 1953. This location being on the Seagraves Branch of the Railroad and being the loop to serve Texas Tech College in southwest Lubbock, also Texas Tech wells and stock farms. 53-12-81-163 Motion 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 purchase by the_ City of the usable portion of the Rufus Rush water system in Rushland Park Addition in "West Lubtock" consisting of 4" and 3" water mains in alleys between 19th and 18th Streets, 17th and 18th Streets and between 16th and 17th Streets, between Utica and Salem Avenues. Purchase of these water mains to be at the replacement cost less depreciation at 1% per annum since the construction date in 1947. Total cost is `43,224.60, authorization being hereby mi.de for payment to be made from Water Bond Funds. Payment to be made to Ruf,-,s Rush as water users now being served pay their pro rata charge and change over to City water mains , in this regard, The following letter has been mailed to each of the residences in this locality: August 15, 1953 Residents of the Rushland Park Addition Gentlemen: The City of Lubbock/is acquiting the usable portion of the water system presently serving the Rushland Park Addition. -12-12 It will be necessary that a pro rata charge of $1.50 per front foot of property abutting on the alley be paid prior to receiving city water service. In addition, there will be a $17.50 charge for a 3/4" meter and a $5.00 service deposit. The City it now in the process of extending its mains in Utica Avenue and in Salem Avenue and the existing 311 and 41' lines in the alley rill be connected to these mains when pro rata paym6ftts are received from all property owners now being served by existing lines. Due to the location of existing service lines, it is necessary that all of/the residents being served from the line in the alley be changed from the private water system to the city water system at the.same time. Present construction progress indicates that the city water will be available for change -over by September 10, 1953. It is requested therefore, that you contact Mr. Monroe Moore of the City Engineering Department and pay the pro rata charge for your property in order that the change -over from the private water system to the city water system can be accomplished as soon as possible. Information regarding sarn'tary sewer service to your property may also be obtained from Mr. Moore. WBH:,,,m To the Honorable Mayor and City Commission Lubbo ck, Texas. Gentlemen: Very truly yours, W. B. Holmes By:1sl John_ L. Scott Asst. City Engineer Lubbock, Texas June 16, 1953 I am presenting estimates for moving my grocery store and drug store back to provide off-street parking. The new highway has eliminated th(/possibility of continuing a business'in this location with no adequate parking space, therefore I am requesting the City to bear the expense of moving my buildings back and restoring the buildings to their present condition, so that I can have adequate off-street parking space, as I have been liberal in donating streets and alleys to the City and the -public Very truly yours, /s/ Granville Johnson Granville Johnson Estimates furnished for moving buildings are as follows: For moving Grocery Store Building: For moving Drug Store Building: Joe Telford Bid $5,001.80 V & N Construction Co. Bid 5,890.00 Joe Telford Bid 5092.70 V & N Construction Co. Bid 6,185.00 In accordance with the above letter Mr. Granville Johnson appeared before the commission requesting that the City pay the expense of moving thg6uilding 'back fmm 34th at Avenue Q. There was duscussion in this regard and since it has not been the policy of the City to pay for moving of buildings unless they are in the right-of-way, 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 Mr. Johnson's request for moving said buildings be REJECTED. 12-82-166 Proposal was received from E. C. Wallace, wherein Mr. Wallace proposes to convey to the City 2320 sq. ft. of land off of Lots 1-5. Easley Subdivision of Block 31, Roberts & McWhorter Addition to the City of Lubbock for a consideration of $2,250.00. The City Feifig. in need of this right-of-way for Avenue Q Northeast, the Highway Department having recently requested additional right-of-way over and above the 90 ft. right-of-way originally requested. After discussion of this proposal, motion was made by Commissioner Carpenter, beconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize appraisal of this property to be made before action is taken on Mr. Wallace's proposal. L2-82-167 It was brought to the attention of the City Commission that Mr. Roger Q. Stubbs is violating the zoning ordinance by erecting structures for use as trailer camps on an unplatted tract of land bounded by 35th Street on the north, 36th on the South and Avenue P on the east. After discus- sion inyfhis regard, motion was made by Commissioner Morris, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Thomas and Davis voting Yea, none voting Nay, to authorize the City Attorney to file an injuncl-Ton. suit to prohibit the violation of the zoning ordinance and the building code iri this instance and to take whatever other legal action ishncessary to prevent further violation and use of the property not in compliance with the existing City ordinances. 53-12-83-168 Motion by Commissioner Carpenter, seconded by Commissioner 2:orris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize the City Attorney to file suit against Chester O'Brien and wife Bernice Ball O'Brien for damages sustained by the City of Lubbock in a collision between an automobile driven by Mrs. O'Brien and police motorcycle being operated by Robert A. Crites on October 15, 1952, at the intersection of 4th Street and Avenue A. A recent investigation of this accident revealed that the accident was caused by negligence of Mrs. O'Brien in failing to stop for a stop sign at this intersection. It was ascertained from Mr. O'Brien that liability insurance was carried at thqkime of this collision, but a recent letter from Mrs. O'Brien reveals that she did not notify her insurance company or any of its agents of the accident. The City of Lubbock has expended $1,695.08 for salary of Mr. Crites while he has been disabled because of this accident and has expended $135.98 in medical expenpes on behalf of Mr. Crites. Actual -expense in repairs to the motorcycle $48.35, said amount not being final because of the very probable future disability of Mr. Crites. Damages to be sued for to be ascertained on the basis of up to date medical reports. 53-12-83-169 Motion by Commissioner Davis, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners i:orris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize Lubbock Bus Company to discontinue the use of five extra buses on Sunday that now t:rovide 30 minute service from 9:00 A.M. to 1:00 P.M.. It having been found that the extra buses were not carrying a sufficient number of riders to require their operation. The five extra buses haying been operated on the following bus routes: 32nd St. - 15th - Tech 4th St. - North Arnett Benson - E. Broadway 19th'St. - Ellwood - Avenue N - 38th St. Broadway - Boston - 8th Street - South Arnett Benson Green Acres - 28th - Avenue H - 50th St. 53-12-83-170 Motion by Commissioner Thomas, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize reduction in the amount of $13.26 of the final paving assessment against that portion of Lot 1 Block 11 Burleson Osborn Addition owned by Mrs. Louella Couch , the side length of which ,rroperty abuts Emory Street. This property being wrongly assessed as being two separate tracts, a �5, tract at front rate and a 45ft. tract at the side rate, whereas, the entire 60 ft. of abutting footage is one tract and should have been assessed entirely at the side rate. Authorization being hereby alsc/,-iven to forgive interest on this paving assessment in the amount of $12.10. 53-12-83-171 THE STATE OF TEXAS AFFIDAVIT COUNTY OF LUBBOCK TO WHOM IT MAY CONCERN, before me, J. Walter Taylor a notary public in and for Lubbock County, Texas, on this day personally appeared Mrs. Vernice Ford, President of Lubbock Women's Club, representing the Board of Directors of said club, and being by me duly sworn, upon oath say: This is to certify that the Lubbock Women's Club 2020 Broadway has met the requirements as set forth in the following resolution: "The City Commission in their regular meeting April 12, 1951 passed the following resolution in regard to taxing the Lubbock Women's Club at 2020 Jroadway. 'Motion by Commissioner Davis, seconded by Commissioner Hufstedler, Motion carried, Mayor pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA, none voting NAY, to author- ize Lots 15 and 16, Block 41s Overton Addition to the City of Lubbock to be tax free, beginning January 1, 1952 and all subsequent years, so long as this property is being occupied solely as Lubbock Women's Club, and for no other purpose.' Yours very truly, (Signed) Mrs. Lavenia Lowe Secretary -Treasurer" Therefore, the above tax free clause is claimed by the Lubbock Women's Club beginning July 1, 1953 at which time the rental of two apartments in the club house was terminated. One apartment was converted into club rooms and the other apartment was converted to the use of the caretaker in exchange for her work in the club house and club house grounds. Subscribed and sworn to before me this loth day of August, 1953. Witness my hand and seal of office. (Seal) Signed Mrs. Verni,c e Ford President, Lubbock Women's Club s J. Walter Taylor _ _ _ Notary Public, Lubbock County, Texas In accordance with the above affidavit in regard to cancellation of tax/then Lubbock Women's Club located at 2020 Broadway, motion was made by Commissioner Carpenter, seconded by Commis- sioner Thomas, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea., none voting Nay, to authorize cancellation of City Tzx on this property for the year 1953 and future years, in accordance with the Resolution passed by the City Commission on April 12, 1951. -12..81k-172 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 reduce the down payment to be paid on purchase of Lots in Manhatten Heights Addition from 25% on the cheaper lots and 50% on the higher lots to 10%. 3-122-=8 -lam Motion 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 the Lubbock Bus Company to pay balance of 1953 franchise tax, in the total amount of $4,302.12 as follows: $1,000.00 to be paid in September, 1953; $1,000.00 to be paid in October , 1953; _ $1,000.00 to be paid in November , 1953; $1,302.12 to be paid in December , 1953. -12� Request was received from Bates Witt to provide an office on 34th Street between Avenue Q and Indiana Avenue to collect utilities bills for the City. After consideration of Mr. Witt's proposal, motion was made by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas v of ing Yea, none voting Nay, to REJECT the proposal. -12-8.4-175 Mr. Marion Sanford appeared before the City Commission and gave the following report in connection with Juvenile work in Lubbock. August 26, 1953 To the Honorable County Commissioners Court and City Commission of Lubbock, Texas. Lubbock, Texas Gentlemen: At a meeting held Firday, August 21st, there were present representatives of most of the local civic organisations actively interested in working with youths. This meeting was held as a result of conversations between several individuals interested and various city officials. It was held in an effort to evaluate the work presently being done with young people and to suggest a successful approach to such work in the future. Those present included representatives from the Lubbock Rotary Club, Kiwanis Club, Lions Club, American Business Club, Optimists Club, Junior Chamber of Commerce, South Plains Lions Club, 20-30 Club, Zxrhange Club, all serving as directors of the Lubbock Boys Club, Inc., the Girl Scouts, Camp Fire Girli, Boy Scouts, Salvation Army, Lubbock Police Department, District Judge, Lubbock Public Schools, and City -County Probation Department. There was a total of twenty men and women present, making an excellent cross section of the citizens of Lubbock. The current problem and future possibilities were discussed for more than two hours, and the temporary chairman was instructed to bring before the proper county and city officials the following recommendations: 1. It is urged that there be employed immediately a woman to act as assistant juvenile officer, with the further feeling that it may be necessary to employ still an additional assistant in the foreseeable future. This recommendation was adopted after considering the present case load in relation to the growth of Lubbock and the number of girls involved. It was felt that the work of the two juvenile officers, to start shortly with the police departuent, will lighten the case load for the probation department in the handling6f minor offenses needing no discipline, and that with the woman assistant, the present condition should be adequately handled. It was felt, however, that an increase in the mumber of juvenile cases, consistent with the continued growth of both city and county, will shortly require still more in the way of probation personnel. There was some thinking that possibly part of this could be on a volunteer basis, but that, if so, such volunteer help would need to be screened most carefully. 2. The temporary chairman was instructed to convey to both city and county commissioners and to John Wilson, Probation Officer, the commendation, praise and thanks of the committee for a job well done in the past, and the strong recommendation that the present plan be continued in having the Director of Lubbock Boys Club serve aschikf juvenile officer. It was recognized that there ma be some disadvantages to this plan, but it was felt that the advantage of theclose connection/g ing male offenders a place to go and to occupy themselves which they know is approved, would greatly outweigh such disadvantages. The Boys Club, having been organized for this particular purpose among other reasons, presents an ideal solution to many problems, and the board of directam was unanimous in not only being willing to assume such disadvantages but in urging that its facilities be open at all times to the Porbation department. 3. It was recommended that a permanet Youth Advisory Committee be set up6y either the city or county commissioners or by both, jointly, This conti,ttee, as suggested, would be composed of representatives from various organizations interested in youth activities, such as those represented at this meeting, the Ninisters Association, Y.M.C.A., and other groups and I 1 J individuals not connected with any group but sincerely willing and experienced enough to serve. The function of such a group would be to attempt to co-ordinate this work between the various organizations, schools, and public officials. It would attempt to prevent overlapping of activities and give counsel and advice to all parties concerned. The value of such a committee, properly organized andfunctioning with the present established author- ities, could be of an inestimable worth in making plans for the youth of this area. Presented for the Committee By: /s/ Marion Sanford__ Marion Sanford, Temporary Chairman After consideration of the above report given by Mr. Sanford, motion was made by Commissioner Carpenter, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, that the recommendations as set out in the report be accepted, and forthwith adopted. 53-12-85-.176 July 24, 1953 Mr. Steve Matthews City Mgr. City Hall Please present the following to City Commission, for their approval and order for can- cellation and refund. Mr. Whitney the tax appraiser, appraised for the tax office a strip of land which was previously old Avenue A, and called it Dillard Tract 24, this tract was just east of the Dillard addition across the highway. February 13, 1953, Bryan Dillard, paid d elingtilent'. City and School taxes on all of the Dillard Addition, by City Dell. Tax recdpt #23296 and City and School tax receipt #29647 for 1953. This was at the time that the Fort Worth and Denver Railroad waa buying a strip of land from the Dillards, Mr. Dillard came in the office and said that he wanted to pay all delinquent taxes on the Dillard tract, except the 1930 to 1934 taxes. At this time we collect- ed the taxes on Tract #24. Several weeks later Mr. Dillard discovered thtt he had paid on this tract along with the other tracts, and want&d to get a refund, as he said that he had sold same to the Plains Cotton Oil Mill about two years previous. I asked Mr. Dillard to contact Mr. Davis the Manager of the Oil Mill, an4Af they had bought the land they would probably pay him the amount of tax that he had paid. However, Mr. Dillard and Gordon Treadway could never get the taxes settled, so he has asked the tax office again for the refund. After talking with John Scott, it was suggested that the taxes in question b@ refunded. 1950 City Taxes $99.75 1951 City Taxes $99.75 1952 City and School $182.98 Penalty 9.97 Penalty 9.97 Taxes Penalty 2.73 Interest 11.97 Interest .58 $1.21. r9 115.30 $185.61 This would be a total cancellation of $422.60. Thanks, /s/ Harvey Austin_ City Tax Collector After discussion of the above letter from City Tax Collector Harvey Austin, motion was made by Commissioner Davis, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Mlorris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize refund of the 1950, 1951 and 1952 tax as recommended by the City Tax Collector in the amount of $422.60. The City Tax Collector being hereby directed to correct the plat of the Dillard Addition to show that Dillard Tract No. 24 is a part of old Avenue A. 53-12-85-177 The following raids were received for purchase of filter elements for filter pot to rebuild filters at Mackenzie State Park Swimming Pool : Parts required: 1. 7/8" X 40 1/211 Element Pipe for filter sold on 49 �_ 96. Build for removable elements complete with studs. 44 Complete 3" X 4811 monel elements with brass holders and connectors, gaskets and 3/811 Everdure tie rod and nuts 3 4" orifice plate and flanges 3 15" Mercury Manometers ived: Refinite Sales Company, Omaha, Nebr. $2,037.28 Rose Equipment Company, Oklahoma City 3,220.72 Perkins Laboratories, Omaha , Nebr. 2,071.56 After consideration of the bids, 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 authorize acceptance of the bid of Refinite Corpor- ation for purchase of, the filter elements. -12-86-178 Bids as follows were received for purchase of 4-60 watt mobile radio transceivers, being Bid No. 255. 4 - 60 WATT MOBILE RADIO TRANSCEIVERS BID NO. 255 R. C. A. General Electric Company •60 watt mobile radio transceivers complete with control head, microphone, speaker, antenna, mount- ng hardware and control and power cables. Unit designed for trunk mounting to operate from 6 volts D.C. with transmitter, receiver, and power supply mounted in a pull drawer chassis with key lock. Receiver: Sensitivity: 0.35 microvolts or less for 20 DB quieting. Selectivity 100 rB at � 35 KC. Crystal controlled with a maximum drift of � 750 cycles - 30oto / 600 C Transmitter: Must conform to F.C.C. specifications and the following: Modulation # 15 KC maximum, power output 60 watts with harmonics 60 DB below carrier. Crystal controlled with a maximum drift of 1 750 cycles - 300 to 1 600 C. Frequency: 37.180 megacycles -499.00 488.00 1,996.00 1,820.00 Motorola C and E 601.01 2,404.04 After consideration of all bids, 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 gcceptance oP the bid of General Electric Company for purchase of the radio transceivers, it being considered the lowest and best bid. The acceptance of the General Electric Company bid being conditioned upon their being able to furnih the wide band. 3-12-86-179 Bids as follows were read for purchase of four business coupes for the Police Department being Bid No. 256. BUSINESS COUPES FOR POLICE DEPARTMENT, BID NO. 256 4-1953 business coupes with heaters, defro.stbrs, Cole Motor Co. Kuydendall Chevrolet Hub Motor €ram oil filters, dual sun visors, and dial Company Rd ndwhield wipers, spare tire., and turn indicators 1,550.00 1,474.00 1,501.54 Total 6,200.00 50896.00 6,006.16 Delivery 3rand Perms F.O. B. -12-86-180 20 days Willeys Aero Chevrolet Plymouth Lark 2 door - sedan Net Net Lubbock Lubbock Lubbock Louthan- Dowell Mot qr s 1,477.50 5,910.00 1 car immed- iately and other 3 with II in 30 days P1yt4outh Net Lubbock 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 authorize acceptance of the bid of Kuydendall Chevrolet Company for purchase of the automobiles. NOTICE TO BIDDERS Sealed proposals addressed to the Honorable Mayor and City Commission of Lubbock, Texas, Attention: W. B. Holmes, Director of Public Works, will be received at the office of Steve Matthews, City Manager, until 2:00 P.M. August 27, 1953, for the furnishing of all necessary materials, machinery, equipment, superintendence and labor for the construction of Dog Pound Superint entlence ' s Residence for the City of Lubbock, Owner, Lubbock, Texas. The principal item of work consists of constructing a 750 sq. ft. frame residence with carport, complete with all plumbing, heating, electrical wiring and fixtures. The location of this pro- ject is in the vicinity of 19th Street and Compress Avenue. Bidders must submit a Cashier's or Certified Chedk issued by a bank satisfactory to the Owner, or a Proposal Bond from a reliable Surety Company, payable without recourse to the of)der of the City of Lubbock in an amount not less than five (5%) jer cent of the largest possible bid sub- mitted as a guaranty that the bidder will enter into/contract and execute bond and guaranty in in the forms provided within ten (10) days after notice of award of contract to him. Bids without the required Check or Proposal Bond will not be consider4d. The Successful Bidder mutt furnish bond on the forms provided in the amoun-Vof 100% of the total contract price from a Surety Company holding a.permit from the State of Texas to act as Surety, or other Surety or Sureties acceptable to the Owner. The lump sum price must be stated in both script and figures. The Owner reserves the right to reject any or all bids and to waive formalities. In cage or ambiguity or lack of clearness in stating the prices in the bids, the Owner reserves the right to considerthe most advant- ageous construction thereof, or to reject the bid, Unreasonable (Or "unbalanced") unit prices will authorize the Owner to rejct the bid. Bidders are expected to inspect the site of the work and to inform themselves gegarding all local conditions under which the work is to be done. Attention is called to the provisions of the Acts of the 43rd Legislature of the State of Texas,*Page 91, Chapter 45, (Article No. 5159A Civil Statutes 1925) concerning the wage scale and payment of prevailing rates of wages as established by the Owner. Said scale of prevail- ing minimum rates of wages is set forth below and in the specifications. Labor Classification and General Prevailing Wage Rates echanic, rorkman or Type of Laborer Bricklayer, Building Carpenters, journeymen Cement Finisher, Building Electrician, journeymen Form Build&r Grader - Fine grader Laborers - common Lathers Mechanic Mortar Mixer - Brick, Plaster, Pipe Joint Material Pipe Layer Pipe Joint Worker Pipe Handler Powder Man Painter Plasterers Reinforcing Steet Worker Roofers Welders - Ele ctric - Acetylene Watchman General Prevailing per diem Wage Based on 8 Hr. Working Day $26.00 16.00 19.00 18.00 14.00 ,8.80 8.00 24.00 9.60 8.00 10.00 8.80 8.00 10.00 16.00 25.00 12.00 14,00 12.00 9.00 (12 Hrs.) General Pre- vailing Hourly Rate $3.25 2.00 2.375 2.25 1.75 1.10 1.00 3.00 1.20 1.00 1.25 1.10 1.00 1.25 2.00 3.125 1.50 1.75 1,50 0.75 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 twice the ,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,6ffice of W. B. Holmes, Director of Public Works, City Hall, Lubbock, Texas, Copies of the Plans and Specifications may be secured from the Director of Public Works, upon deposit of $10.00 as a guarantee of the safe return of the plans and specifications. The full amount of the deposit will be returned to the Contractor on submission of a bona fide bid on the work, with such Plans and Specifications; or upon returning the plans and specifications immediately after examination of same, and advising the Engineer that bid will not be submitted; otherwise, the deposit shall be forfeited. ATTEST: /s/ avenia Lowe Lavenia Lowe, City Secretary City of Lubbock, Texas Owner By: js/ Murrell R. Tripp Murrell R. Tripp, Mayor In accordance with the above notice for bid to be received for construction of residence at animal shelter under GWO 800, motion was made by Commissioner Carpenter, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none voting Nay, to authorize the bids to be opened and read whereupon the follow- ing bids were opened and ready C.M.Pharr Harold J. Ray ascription Const. Co. Biffle Nickols ,em #1 6,886.08 71943.00 62126.40 :silence Complete [justment #1 500.00 Lr Port, Slab ,orage Area 'ive Ribbons, Etc. .justment #2 125.00 .anter Box, Masonry .11 & Walk, Etc. em #1 Less 62386.08 justment #1 em #1 Less justment #2 61761.08 em #1 Less justment 350.00 591.40 225.00 222.00 TABULATION OF BIDS RESIDENCE AT DOG POUND-GWO 800 Bids Opendd.2:00 P.M. Aug. 27, 1953 Buck & S. R. Sunset S. E. Goble Dumcan Lumber & Holt Company Anderson M. H. Cannady Day _ 6000.00 72250.00 7,610.00 6,000.0o 6,742.54 72179.21 •415.00 610.00 780.00 260.00 634.45 639.60 165.00 260.00 275,00 151.00 277.00 189.00 71593.00 5,535.00 5,885.00 61640.00 61830.00 5,740.00 61108.09 6039.61 71718.00 51904.40 6,135.00 63990.00 7,335.00 51849.00 62465.54 61990.211 & #2 6,261.08 7,368.00 5,313.00 5,720.00 6,380.00 6,555.00 5,589.00 5,831.09 6050.61 After consideration of all bids, motion was made by Commissioner Davis, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter, Davis and Thomas voting Yea, none vot-ing Nay, to authorize acceptance of the bid of J. Ray Nickols in the amount of $5,313.00 for construction of this residence, this being Mr. Nickols bid on Item One, less adjustment Nos. 1 and 2. The Mayor being hereby authorized to enter into contract. August 27, 1953 Honorable Mayor anc)6ity Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Warren and Purtell, Incorporated, under their contract dated March 4, 1953, designated G.W.O. 721, and find the improvements on streets and/or avenue$, known and designated as Units 1444, 1450, 1457, 1459, 1466, 1467, and 1469 respectively,.as listed on the attached final estimate and assessment sheets to have been completed in. acoordance with the plans and specifications, and recommend that you accept improve- ments on said streets and/or avenues, paying the contractor the amount shown on the attached final estimate sheet as due him by the City of Lubbock, and issue assignable certificates against property owners for the respective amounts shown on the attached final assessment sheets as being due against them and their respective properties. Very truly yours, /s/ John H. Scott For W. B. Holmes City Engineer August 27, 1953 Honorable Mayor and'City Commission Lubbock, Texas Gentlemen: I have examined the pavingimprovement s constructed by Warren and Purtell, Incorporated, paving cdntractors, as authorized by resolutions passed and apptoved on May 14, 1953 and find the improvements on street known and designated as Unit No. 1525, as listed on the attached final estimate sheet to have been completed in accordance with plans and specifications and recommend that you accept improvements on said streets, paying the contractor the amount shown on the attached consolidated estimate sheet on the due date shown on the abovementioned resolutions as due him by the City of Lubbock. /s/ John H. Scott For: W. B. Holmes City Engineer August 27, 1953 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Warren & Purtell, Incorporated, under their contract with the Subdivider of Manhattan Heights in accordance with Ordinance No. 1331 and find that thetimprovements on the streets and avenues designated as New Subdivision Unit n 0 No. 40, as listed on the attached final estimate sheet, to have been completed in accordance with plans and specifications on said avenue, and recommend the payment to the contractor the amount shown on the attached consolidated final estimate sheet as being due him from the City of Lubbock. Very truly yours, /s/ John H. Scott For: W. B. Holmes City Engineer August •27, 1953 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Kerr & Middleton, under their contract with the Subdivider of McCulloch Addition Installment No. 1 in accordance with Ordinance No. 1331 and find that the improvements on the streets and arenues desi.greted as New Subdivision Unit Nos. 1, 2, 3, and 4, as listed on the attached final estimte sheet, to have been completed in accordance witiklans and specifications on said avenue, and recommend the payment to the contractor the amount shown on the attached consolidated final estivate sheet as being due him from the City of Lubbock. Very truly yours, /s/ John H. Scott For: W. B. Holmes City Engineer No further business coming up for consideration, the City Commission adjourned. Read and approved this the 29th day of September �, 1953. C y Secretary- reasurer