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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/22/1953REGULAR MEETING Lubbock, Texas December 22, 1 The City Commission of the City of Lubbock, Texas met at 10:00 A.M. in regular session at regular meeting place in the City Hall, the following members thereof being present, to-% Mayor Murrell R. Tripp, Commissioners Harry Morris , Hurley Carpenter and L. E. Davis, City Manager Steve Matthews, City Attorney Vaughn E. Wilson, City Secretary -Treasurer Lavenia Lowe, Absents Commissioner Lucian Thomas. Motion by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay, the Minutes of Regular Meeting of the City Commission held December 10, 1953, were read and approved. Motion by Commissioner Carpenter, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis. voting Yea, none voting Nay, minutes of account allowed from Warrant No. 8555-F through Warrant No. 9113-F, both inclusive, were read and approved. I 53-12-265-536 Motion by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay, Ordinance No. 1501 was passed on second and final reading. ORDINANCE NO. 1501 AN ORDINANCE CLOSING AND ABANDONING THAT PART AND PORTION OF A PUBLIC ALLEY LYING BETWEEN THE NEW FOURTH STREET RIGHT-OF-WAY AND THIRD STREET, MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE. 53-12-265-537 Motion by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay, Ordinance No. 1502 was passed on second and final reading. ORDINANCE NO. 502 AN ORDINANCE CLOSING AND ABANDONING THAT PART AND PORTION OF SANTA FE DRIVE LYING BETWEEN THE NORTH BOUNDARY LINE OF THE NEW FOURTH STREET RIGHT_OF-WAY IN THE SOUTH BOUNDARY LINE CF THIRD STREET FOR PUBLIC STREET,. PURPOSES; RETAINING AND RESERVING UNTO THE CITY OF LUBBOCK A PERPETUAL EASEMENT FOR THE MAIVI'EVANCE, CONSTRUCTION AND RECONSTRUCTION OF UNDERGROUND V ATER, �I SEWER AND GAS LINES. - 53-12--265-538 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay, Ordinance No. 1504 was passed on second and final reading. ORDINANCE NO. 15Q& AN ORDINANCE AMENDING ZONING ORDINANCE NO. 661 TO INCLUDE SECTION VI -A TO INCLUDE AND, CREATE A "F-1++ DISTRICT; PROVIDED FURTHER FOR AMENDMENT TO ZONING ORDINANCE NO. 661, SECTION XIV TO INCLUDE FRONT YARD REGULhY10NS FOR THE "F-1" DISTRICT HEREIN CREATED, REQUIRING A 43- FOOT SETBACK OR BUILDING LINE FOR THE FRONT YARD IN SUCH DISTRICT; AND CONTAINING A SAVINGS CLAUSE. 53-12-265-09 Motion by Commissioner Carpenter, seconded by Commissioner Davis, (motion carried, Mayor Tripp and Cbmmi.ssioners Morris, Carpenter and Davis voting Yea, none voting Nay, Ordinance No. 1514 was passed on second and final reading. ORDINANCE NO. 151 AN ORDINANCE DEFINING "MILK",AND. CERTAIN "IvaLK PRODUCTS", "MILK PRODUCER," "PASTEURIZATION," ETC.; PROHIBITING THE SALE OF ADULTERATED AND MISBRANDED MILK AND MILK PRODUCTS; REQUIRING PERMITS FOR THE SALE OF MILK AND MILK PRODUCTS; LABELING OF CONTAINERS; REGULATING THE INSPEC_ TION OF DAIRY FARMS AND MILK PLANTS, AND THE EXAMINATION, GRADING, LABELING, PASTEURIZATION, REGRADING, DISTRIBUTION, AND SALE OF MILK AND MILK PRODUCTS; PROVIDING FOR -THE PUBLISHING CF MILK GRADES, THE CONSTRUCTION OF' FUTURE DAIRIES AND MILK PLANTS., THE ENFORCEMENT OF THIS ORDINANCE, THE FIXING OF PENALTIES; AUTHORIZING PUBLICATION OF THIS CAPTION, TOGETHER WITH PENALTY CLAUSE; AND REPEALING ORDINANCES NOS. 672 AND 691 AND CONFLICTING ORDINANCES, 53-12-265-540 Motion by pommissioner Carpenter, and Commissioners Morris, Carpenter was passed as an emergency measure, seconded by Commissioner Davis, motion carried, Maycr Tripp and Davis voting Yea, none voting Nay, Ordinance No. 1515 ORDIN AN CE NO. 1515 3-12-266-541 12-266-542 -12-266-543 AN ORDINANCE ESTABLISHIM A NO -PARKING ZONE ON THE SOUTH SIDE OF 19TH STREET BEGINNING AT LOUISVILLE AVENUE AND EXTENDING WEST TO NORFOLK AVENUE; AUTHORIZING THE PAINTING OF CURBS AND THE ERECTION OF SIGNS; PROVIDING A PENALTY; REPEALING CONFLICTING ORDINANCES; AUTHORIZING PUBLICATION; AND DECLARING AN EMERGENCY. Motion by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay, Ordinance No. 1516 was passed as an emergency measure. ORDINANCE NO. 1516 AN ORDINANCE AUTHORIZING THE INSTALLATION OF "STOP" SIGNS BY THE CITY TRAFFIC ENGINEER AT THE INTERSECTIONS AND LOCATIONS PROVIDED AND ESTABLISHED AND DESIGNATED IN THE BODY OF THIS ORDINANCE; REPEALING ALL PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY; AUTHOR- IZING PUBLICATION; AND DECLARING AN EMERGENCY. Motion by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay, Ordinance No. 1517 was passed as an emergency measure. ORDINANCE NO. 1517 AN ORDINANCE AMENDING ORDINANCE NO. 1461 ENTITLED, "AN ORDINANCE REGULATING AND PROVIDING CONTROLS FOR VEHICULAR AND PEDESTRIAN TRAFFIC ON THE TEXAS TECHNOLOGICAL COLLEGE CAMPUS AND PROVIDING UNIFORM CONTROL DEVICES, INCLUDING SIGNS AND SIGNALS AT LOCATIONS SHOWN ON EXHIBITS 1, 2, 3, 4, AND 5 ON FILE WITH THE CITY SECRETARY OF THE CITY OF LUBBOCK AND MADE A PART OF THIS ORDINANCE BY REFERENCE;. LIMITING SPEED OF VEHICLES TO 20 MILES PER HOUR ON ANY ROAD, STREET OR ALLEY ON THE CAMPUS, AND TO 10 MILES PER HOUR ON ANY PARKING LOT; PROHIBITING PARKING ON ANY PAVED STREET, ROAD OR ALLEY WHERE 'NO PARKING" SIGNS ARE DULY PLACED; AUTHORIZING THE TRAFFIC ENGINEER OF THE CITY OF LUBBOCK TO PLACE CONTROL DEVICES AT PLACES DESIGNATED ON SAID EXHIBITS, AND ADDITIONAL CONTROL DEVICES, INCLUDING•SIGNS, WHEN REQUIRED BY TRAFFIC CONDITIONS; REGULATING THE PARKING OF VEHICLES WHILE LOADING AND UNLOADING PASSENGERS, GUESTS AND COMN-LODITIES; PRO- HIBITING USE OF THE STREETS, ROADS AND ALLEYS ON THE CAMPUS BY TRUCKS EXCEPT WHEN REQUIRED FOR DELIVERY OF COMMODITIES THEREON; PROVIDING FOR IMPOUNDING OF VEHICLES PARKED IN VIOLATION OF THE PROVISIONS OF THIS ORDINANCE AND OTh-ER ORDINANCES OF THE CITY OF LUBBOCK, PROVIDINf. DIFOUNDING FEES; FURTHER PROVIDING FOR *SCHOOL-SLOW1 AND 'TRUCKS KEEP OUT I SIGNS AT ALL CAMPUS _K�TRANCES; PROVIDING A REPEALING CLAUSE, SAVINGS CLAUSE, PENALTY CLAUSE; DIRECT11C PUBLICATION OF THE CAPTION AND PENALTY CLAUSE OF THIS ORDINANCE.; AND DECLARING AN EMERGENCY, " SO AS TO AMEND SECTION 4 BY ADDING THERETO AN AMENDED SCHEDULE (EXHIBIT 1), WHICH INCLUDES ADDITIONAL NO - PARKING STREETS, DRIVES AND ROADWAYS; DIRECTING PUBLICATION OF THE CAPTION AND PENALTY CLAUSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY, Bids as follows were read for purchase of Riding dowers for use by the Park Department, being Bid No. 375. RIDING MOWERS, BID NO. 65, CLOSED 12-15-53 Goldwaithes Texas Lubbock Lawn Bob -Dunning - Toro Company and Lake Shoti Jones Company Toro professional reel type mowers with minimum 761, width of cut. The engine to be 4 cycle 7 1/2 H.P. with a 6 to 1 reduction. Engine to be 1,184.50 1,100.00 1,200.00 equipped with oil bath air cleaner, chassis to 2,369.00 2,200.00- 2,400.00 be steel electrically welded, all reels to be 711 Toro in diameter with 5 blades per reel. Shafts to be cold rolled steel mounted on presealed and lub- ricated bearings. Wheels and tires to be 3:50 X 6 duals, or equal. West Point Aerifier FG 51 or equivlent Soil conditioner to be tractor drawn, hydraulic con- 700,00 695.00 725.00 trolled spoons to be 1" diameter with flexi-press 700.00 695.00 725.00 and positive depth control or equal. 30069.00 2,895.00 3,125.00 F.O.B. Lubbock Lubbock Tulsa, Oklahoma Terms Net 30 days 2% 10 days Delivery Factory 14 days Pricing Firm for 60 days After consideration of all bids, motion was made by Commissioner Morris, seconded by Commis- sioner Davis, motion carried, Mayor Tripp and. Commis sione rs Norris, Carpenter and Davis voting Yea, none voting Nay, to authorize the purchase to be made as follows: Accept the bid of Lubbock Lawn and Lake Shop for purchase of the mowers; it being considered the lowest and best bid. f 53-12-267-�44 Bids as follows were read for purchase of Miscellaneous Electric Hardware , being Bid No. 369. MISCELLANEOUS ELECTRIC HARDWARE BID NO. 369 - Closed 12-16-53 General Electric Graybar Electric Southwestern C. B. Anderson Supply Company Company Electrip Company 1. 100 4" X 5" #1 Fir roofed Joslyn American Hughes Bros. Pennington crossarms, untreated. Ends 1-2 weeks factory stk. 10-20 days factory stk. dipped paraffin. To be drilled 365.17/c 518.62 449.75 .497.50 to City of Lubbock specifi- 365.17 518.62 449.75 497.50 cations. 2. 1000 Seven conductor #12 solid, Okonite Okonite Okonite Simplex 2/6411 Okolite, 1/64" Okoprene 8 weeks 8 weeks 8 weeks .7 weeks Nem colored coded taped and inter- 589.o0/m 589.00 589.00 .590.00 locked, galvanized steel tape armour 589.06 589.00 589.00 590.00 meter control cable, 600 volt. 3. 200 Bail type dead ends for #4 Joslyn Reliable Joslyn .CL69 X 4 solid copper, Reliable cat. stock stock factory stk. .6-8 weeks #R41FD or equal. 89.76/c 80.31 76.97 80.30 179.52 4. 500 611 disk insulators Suspen- Locke sion type, Pinco #L 1510 or equal. stock 167. 50/c 837.50 5. 500 Pin type insulators Locke Lock Cat. No. 66 or equal. stock 22. 34/c 111,70 6. 100 Tap lugs, bronze for #8 Anderson solid copper wire to 2/0 strand- Brass ed copper wire, Anderson Brass Works Works Cat. #TLS-32- or equal. .74 74.00 7. 200 1/411 X 111 hex head cap Penn -Union screw, full threaded, no nuts. 4.20/c 8.40 12 days 8. 200 1/4" X 1 1/2" hex head cap Penn -Union screw, full threaded, no nuts. 12 days 5.30/c 10.60 9. 200 3/81, X 1 1/211 hex head cap Penn -Union screw, full threaded, no nuts. 12 days 12.40/c 24.80 10. 200 1/4" X 20 caulking anchors, Diamond Diamond #3040 or equal. 7.26/c 14.52 stock 11. 100 Auxilary eyes, for anchor No Bid rods, Malleable Iron Fitting Company Cat. #PA155 or equal. F.O.B. Lubbock `PERMS 1% 10th prox. PRICING Firm for 30 BRAND As above 160.62 Net Ohio Brass stock 177.50 887.50 Net Ohio Brass stock 24.25 121.25 Net Anders on 3 Hreeks .80 80.po Ferry 1.50 3.00 stocl� Ferry stock 1.75 3.50 Ferry stock 2.40 4.8o Net Diamond 7.26 14.52 stock 2% . No Bid Lubbock As above At time of shipment As above 153.94 160,00 Porcelain factory stk. 168.20 841.00 Porcelain Knox factory stk. 10 days 23.75 24.25 118J5 121,25 Anderson Anderson Brass Brass ,2-4 weeks factory stk. 1.45 .73 145.00 73.00 Diamond Diamond 7.00 7.26 14,00 14.52 stock factory stk. 2% 10th F.O. B. point prox, of shipments Lubbock Lubbock 1 thru 2-1% Net except item loth prox. 3 2 1/2 of 1% 6 net 10 days As above As above Nelson Electric Westinghouse Electrical Henry 0. Elgin B. Supply Robertson Electric Sumly Corp. Duke - Carleton Alternate Hughes ACACO 1 wk. to Carleton - 10-20 days 2 weeks Factory 2 weeks 10 days 5.34 3.00 456.75 490.55 513.00 460.00 534.00 300.00 456.75 490.55 513.00 460.00 Alternate 3 weeks del. 3.00 .300.00 Hazard Okonite Okonite 8 weeks 8 weeks from factory 589.00 5$9.00 .589.00 589.00 Reliable 2 weeks stock 91.79 74.45 183.58 148.90 .Loc ke Lapp Porcelain stock Dallas Stk. stock 162.00 177.20 159.13 810.00 887.50 795.65 Locke Porcelain stock stock 22.75 23.04 113.75 1-15.20 Anderson Burndy .Brass ,factory stk. Dallas stk. 2 weeks 71.00/c 1.30 72. 50/c 71.00 130.00 72.50 1.79 179.00 Burndy 2.60 5.20 NY st oc k Burndy NY stock 3.77 7.54 Burndy NY stock 7.70 15.40 �. Diamond Star 5.50 16.50 11.00 33.00 stock stock 2% O.B. Freight allowed $50.00 allowed Lubbock _ on freight on orders totaling net value or more. RMS Item 1, 10--2% Item 1-1% 1% itan item 2-1% R/30 1,2,3,6 net 3,4,5,E net on all other items 8 weeks 583.11 583.11 Diamond 7.11 14.22 1 week Lubbock Net Lubbock 1% 10 days ICING At time of Firm shipment AND As above As above After consideration of all bids, motion was made by Commissioner Carpenter, seconded by Com- missioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay, to authorize the purchase to be made as follows: Accept the bid of General Electric Supply Co. for purchase of Item 5; Accept the bid of Nelson Electric Supply for purchase of Items 1, 3 and 6 and 10; Accept the bid of Electrical Supply Corporation for purchase of Item 2; Accept the bid of Westinghouse Electric for purchase of Item 4; Accept the bid of Elgin B. Robertson for purchase of Item 7, 8 and 9; 53-12-269-545 Bids as follows were read for purchase of transit mixed concrete for use by all Departments of the City, being Bid No. 379. TRANSIT MIXED CONCRETE, BID NO. � Closed 12-15-53 Cement & Lubbock Supply Company Buildim Products Sealed bids will be received until the above closing date for furnishing the following types of concrete for all departments of the City of Lubbock, for a period of six (6) months beginning January .1st, 1954. Ready mixed concrete having a compression strength 13.10 cu. A. 12.60 of 2000 lbs. at 28 days with a minimum cement content of 4 sacks of cement per cubic yard. Ready mixed concrete having a compression strength 13.60 cu. yd. 13.10 of 2500 lbs. at 28 days with a minimum cement content of 4 1/2 sacks cement per cubic yard. J. 0, Weir Bid arrived too late Ready mixed concrete having a compression strength 14.10 13.60 of 3000 lbs. at 28 days with a minimum cement content of 5 sacks cement per cubic yard; Ready mixed cement motar of standard consistency, 12 sacks containing 1 part cement and 2 parts sand, per 21.10 20.60 cubic yard. Cement delivered to our warehouse at 5th and Ave.J. 4.34 barrel 4.24 100 per barrel All the above prices discount are net after discount TERMS .50 Cubic Yard loth ' After consideration of all bids, motion was made by Commissioner Carpenter, seconded by Com- missioner Davis., motion carried, Mayor Tripp and Commissioners Morris , Carpenter and Davis voting Yea, none voting Nay, to authorize purchase of equal quantities of concrete from Cement and Supply Company and Lubbock Building Products. ,Authorization being also hereby given for said purchase of concrete to cover for a 6 month period from January 1, 1954. It was brought to the attention of the City Commission by the Purchasing Agent that a bid was received from J. 0. Weir, however said bid was not received until after closing date for receiving bids and therefore, was not opened by the Purchasing Agent. 53-12-269-546 Motion by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Coranissioners Morris, Carpenter and Davis voting Yea, none voting Nay, the following Resolution was passed. R E S O L U T I O N WHEREAS., the City Commission has heretofore passed Ordinance No. 917 on June 9, 1949, which Ordinance levied and assessed various properties in the City of Lubbock certain specified amounts for street improvement purposes; and WHEREAS,, such Ordinance was filed in the Deed Records of Lubbock County, Texas on the 15th day of June, 1949, in Volume 391, page 6, gonstituting an apparent lien on certain property in a portion of Paving Unit 875 covering North Avelaue N and Avenue N from Bates Street to 2nd Street which certain property being Lot Twelve (12), Block Five (5). Wayside Addition to the City of Lubbock, Texas was assessed $172.51 in the name of Raymondo Rangel; and, WHEREAS, such paving on North Avenue N and Avenue N from the SPL of Bates Street to the SPL of 2nd Street, as intended to be Fade, has in fact not been made nor assessment levied by virtue of such Ordinance and there is no intent in the immediate future plans of the City for such paving, and from the further fact that the owner of such} roperty has requested and is desirous of obtaining a release on all such property owned by such individual in such lot and block abovementioned from the apparent lien created by such Ordinance abovementioned; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: Section 1, THAT the Mayor BE, and he is hereby authorized and directed to execute a Release 11 on all that hereinafter described property in Wayside Addition, an addition to the City of Lubbock, Lubbock County, Texas, releasing any cloud of title or apparent lien created by virtue of Ordinance No. 917 insofar as it affects Lot 12, Block 5, Wayside Addition by virtue of a notice of intention to pave that property abutting such described property on North Avenue N, such release being made in favor of one Raymondo Rangel, in whose nave the property was assessed in such Ordinance on all that property lying and being situated in Lubbock, Lubbock County, Texas, and being further described as follows, to -wit: Lot 12, Block 5, Wayside Addition., an Addition to the City of Lubbock, Lubbock County, Texas SECTION 2. THAT, such release is Ito contain the provision that such release does not in any way affect any property or liens not specifically describeu therein as being released, and that all liens 'and apparent liens against property owners not otherwise released being expressly retained in such release. On motion of Commissioner Morris, seconded by Commissioner Davis, the foregoing Resolution was approved and passed on this 22nd day of December, 1953, by the following vote: Commis sioner s• voting "YEA": Morris, Carpenter, Davis and Mayor Tripp Commissioners voting "NAY": None /s,/ _Murr%1,J__R, Trigg ---- Murrell R. Tripp, Mayor ATTEST: ok:VEW ok:WBH /s / Lavenia Lowe _ _ — _ -"�_-- Lavenia Lowe, City Secretary -Treasurer ;3-12-270-546A Motion by Commissioner Davis, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis -voting Yea, none voting Nay, the following Resolution was passed. R E S O L U T I O N WHEREAS, the City Commission has heretofore determined that the City would contribute the customary city portion of from tern (10) to forty (40) per cent of the cost of street paving improvements, as determined by side and front property, to be constructed in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting lst Street from the East Gutter Line of College Avenue to the East Property Line of Avenue Y. have requested permission to have pavement improvements con- structed on the aforementioned portion of lst Street, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS, East Flamingo Corporation and other owners of the property abutting on the above described portion of lst Street will contract separately with a competent contractor for the above street improvments, and said improvements will be constructed in accordance with the abovementioned plans and specifications under the supervision of the City Engineer, and the said owners desire that the City c ont ribute its customary share toward such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $2041.94, the total cost not over $2,459.04, and the City's share in connection therewith would not exceed $176.29, leaving the property owner's portion not to exceed $2,282.75, such costs being well within the current prices for paving obtained by competitive bidding, and that such payment to be made by the City is reasonable fair and just to the abutting property owners,, the City and all other persons affected thereby, and that the sum of $176.29 has been duly budgeted and is available, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: Section 1. THAT,, the City Engineer be and he is hereby authorized to approve plans and specifications for paving on the street herein described, provided that such plans and specifications met:t the usual requirements for paving on streets within the corporate limi-Es of the City Pf Lubbock; said street being as follows, to -wit:. Unit No. 1573 lst Street from its intersection with the East Gutter Line of College Avenue to its intersection with the East Property Line of Avenue Y The City Engineer is further authorized and directed to duly inspect said paving construction on said portion of lst Street and to require strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Commission, the City Engineer is authorized to paZ( the contractor in full and final payment of the City's share of the cost of the abovementionea improvements a sum not to exceed $59.19 which is the City share $176.29 less $117.10 engineering, leaving the amount due the contractor from the property owners not to exceed $2,282.75. Section 2. This authority is conditioned that East Flamingo Corporation and the other owners of abutting property and the contractor will pay for all material and labor and costs incidental to such construction, indemnify the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, and the said East Flamingo Corporation and other owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final approval of the City Engineer, all improvements desigiated herein shall be a permanent part of said portion of lst Street and the property of the City of Lubbock, without any liability what- soever, except for the payment of a sum $59.19 to Warren and Purtell, Inc. upon acceptance of the improvements by the City Commission of the City of Lubbock. On motion of Commissioner Davis, seconded by Commissioner Morris, the foregoing resolution was unanimously passed by the City Commission., this 22nd day of December, 1953. fs f Murrell R. Tripp_ -- Murrell R. Tripp, Mayor ATTEST: /sl Lavenia Lowe Lavenia Lowe, City Secretary I, , represent inginyself and the remaining owners of abutting property on the above - mentioned street, and Warren and Purtell, Inc., Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the consideration therein stated. EAST FLARINGO CORPORATION WARREN AND PURTELL, INC. -ed: B. Holme,g Holm s, City Engineer Approved: Lsf VaUghn E. Wilson Vaughn E. Wilson, City Attorney 53-12-271-547 Motion by Commissioner Davis, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay., the following Resolution was passed. R E S O L U T I O N WHEREAS, the City Commission has heretofore determined that the City would contribute the customary City'qVortion of from ten (10) to forty (40) per cent of the cost of street paving improvements, as determined by side and front property, to be constructed in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting 1st Street from its intersection with the East Property Line of Avenue Y to its intersection with the West Property Line of Avenue X, have requested permission to have permanent improvements constructed on the aforementioned portion of 1st Street, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS, H. X. Bundock and the other owners of the property abutting on the above describ- ed portion of 1st Street will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the above — mentioned plans and specifications under the supervision of the City Engineer, and the said owners desire that the City contribute its customary share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $2,069.93, the to"l cost not over $2,173.43, and the City's share in connection therewith would not exceed $137.1,2, leaving the property owner's, portion not to exceed $2,036.11, such. costs being well within the current prices for paving obtained by competitive bidding, and that suc)r payment to be made by the City is reasonable fair and just to the abutting property owners, the City and all other persons affected thereby, and that the sum of $137.32 his been duly budgeted and is available, THEREFORE,. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specifications for paving on the street herein described, provided that such plans and specifi- cations meet the usual requirements for paving on streets within the corporate limits of the City of Lubbock; said street being as follows, to -wit: Unit No. 1574 1st Street from its intersection with the East Property Line of Avenue Y to its intersection with the West Property Line of kvenue X The City Engineer is further authorized and directed to duly inspect said paving construc- tion on said portion of lst Street and to require strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Commission, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of the cost of the abovemention- ed improvments a sum not to exceed $33.82 which is the City share $137.32 less $103.50 engineer- ing, leaving the amount due the contractor from the property owners not to exceed $2,036.11. Section 2. This authority is conditioned that H. R. Bundock and other owners of abutting property and the contractor will pay for all material and labor and costs incidental to such construction, indemnify the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, that the said H.R3. Bundock and other owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof_ and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said portion of 1st Street and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum $33.82 to Warren and Purtell, Inc. upon acceptance of the improvements by City Commission of the City of Lubbock. On motion of Commissioner Davis, seconded by Commissioner Morris, the f)regoing resolution was unhnimously passed by the City Commission this 22nd day of December,.1953. /s f Murrell R. Tripg Murrell R. Tripp, May ATTESTt s Lavenia Loge_ , Lavenia Lowe, City Secretary I, E R. Bundock, representing myself and the remaining owners of abutting property on the abovementioned streets, and Warren and Purtell, Incgrporated, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. H. R. BUNDOCK fps, H. R. Bundock WARREN AND PURTELL, INC. By-Js f J. _M. TLeetne_t___.___ ..-_ Approved: /Y W. B. Holmes W. B. Holmes, City Engineer Approved: V Vaughn E. Wilson Vaughn E. Wilson -12-272-548 Motion by Commissioner Carpenter, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay, the following Resolution was passed. R E S O L U T I O N WHEREAS, the City has been presented with proof that its employee Paul I. SScroagins died on November 7, 1953 with a bal&ace due him for his work amounting to $130.32, as shown by Payroll Check No. 22644, and proof of heirship has been made as shown by attached affidavit of Jewell Pauline �Cmggins, divorced wife of the deceased, who has qualified as guardian of the persons and estates of the deceased's minor children; namely,•Vonda Leath Smv%gins, age 18; Juli Ann Scroggins, age 11; and James Walter Scxoggii.ns, age 15; and the Commission finds that such guardian has, according to supporting instruments, duly qualified in the Probate Court of Lubbock County , Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the finance officer BE, and he is hereby authorized to cancel Check No. 22644, dated November 15, 1953, payable to the deceased Paul I. g4ns, of the sum of "W'130.32, and in lieu thereof to issue the City's Payroll Check for the same amount payable to Jewell Pauline Scrog&s, guardian of the persons and estates of Vonda Leath Scroggns, Juli Ann ScmgAns and Jams Walter Scroggins, f - On motion of Commissioner Carpenter, seconded by Commissioner Morris, this Resolution was passed unanimously this the 22nd day -of December, 1953, by the City Commission. ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer /s/ Murrell R., Trj2P Murrell R. Tripp, Mayor ok:VEW ok:WBH 3-12,-272-549 Ylotion by Commissioner Morris, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay, to 'authorize the extension of a 1011 water main in east 37th Street from Quirt Avenue to Elder Avenue, to furnish fire protection as well as domestic supply, to Phyllis Wheatley Addition and surrounding areas, estimated cost of this water main extiension is $20,000.00, payment hereby authorized to be made from Water Bond Funds. 3-12..272-550 Motion by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay, to authorize the extension of water mains in the following locations during the year 71954 it being anticipated at this time that said streets will be paved during/ der 1954 and the water lines are to be laid before the paving is done. Location Approximate Cost 1. In Baylor Street from Clovis Road to Waco Avenub $1,279.85 2. In 22nd Place from Nashville to Oxford 2,576.91 3. In Avenue P from 34th Street to 38th Street 8,890.95 4. In Flint Avenue from 34th to 35th Street 868.88 5. In Gary Avenue from 47th to 50th Street 3,241.35 6. Miscellaneous stub -outs across intersections 12706.78 Total $18,564.72 Payment hereby authorized to be made for said water main extensions from Water Bond Funds. 0 53-12-27 -551 Motion by Commissioner Carpenter, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis voting Yea, none nting Nay, to authorize Change Order No: 1 to contract of Frank B. Hodges, GWO 790, covering/widen ing of Idalou Road from Oak to Teak Avenues. This Change Order to authorize additional time for completion of the contract from December 31, 1953 to March 1, 1954. 53-12-273-552 53-12..273- 5 53 53-12-273-554 TEXAS HIGHWAY DEPARTMENT Lubbock, Texas December 3, 1953 City of Lubbock Lubbock, Texas Attention: Mr. Steve Matthews City Manager Gent le men: The Texas Highway Department requests/ h rietCity of Lubbock furnish approximately 30 million gallons of water -per year, (a peak of 300 thousand gallons for highest day of consumption,) for maintenance of grass and/or other similar ground cover within the median and on the slopes of cuts and fills of divided highways that enter the City of Lubbock. The highways more specifically described as (1) East 19th Street from the R.R. underpass to East Broadway intersection, inclusive; (2) The Campus Freeway from the 19th Street intersection to College Avenue intersection, inclusive; (3) the Amarillo Highway from Mackenzie Park entrance north to Urs](ne Street; (4) East 4th from Avenue A east to the Idalou Highway; and (5) the Traffic Circle and its approaches on U. S. 87 at approximately 64th Street, (south). irrigation systems are now in operation on (3) the Amarillo Highway and at (5) the Traffic Circle with water furnished and metered by the City. All pipe line installation and maint- enance expense is carried on by the Highway Department. The Texas Highway Department proposes to install and is currently planning appr oppiate systems -of irrigation on the other roadways, East 19th, Campus Freeway and East 4th, as listed above. This work is being done in the interest of making our highways ard thus the approaches to the city more pleasant and attractive. The above request for a supply of water includes both the systems now in use and the proposed systems. We respectfully request that the City of Lubbock approve the expansion of the present success- ful cooperative effort to include all areas as discussed above. CPM:bw Sincerely yours, /s/ S. C. McCarty S. C. McCarty District Engineer Consideration was given the above request of the Texas Highway Department wherein the Texas Highway Department requested the City to furnish approximately 30 million gallons of water per year for maintenance of grass and/or other similar grounds covered within the median and on the slopes, of cuts and fills of divided highways that enter the City of Lubbock and Motion was made by Commissioner Carpenter, seconded by Qommissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay, to grant the request of the Highway Department as set out in the above letter of date December 3, 1953. Motion by Commissioner Carpenter, secorrkd by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay, to authorize the City of Lubbock 1953-54 budget to be supplemented in the amount of $1500 to cover water anticipated to be used to water grass within the median and on the slopes of cuts and fills of divided highways that enter the City of Lubbock. Also'to supplement the City of Lubbock budget in the amount of $3,000.00 to cover purchase of water meters to be used to meter the water for watering the areas bordering the divided highways that enter the City of Lubbock. To the City Commission Lubbock, 'texas December 18, 1953 The undersigned are the sole owners of the following described tract of land, to --wit: Being a tract of land out of Lots 7, 8 and 9 in Block 21 of the Country Club .- Addition to the City of Lubbock, , Lubbock County, Texas, more part- icularly described by metes and bounas as follows: BEGINNING at the Southwest corner of Lot 9; THENCE North, a distance of 9.56 feet following the west line of Lot 9; THENCE Nort-heasterly, a distance of 98.96 feet with a line 100.00 feet northwesterly of and parallel to the center line of a proposed highway as established by the Texas Highway Department, to a point in the West line of Lot 81 which point is 29.03 feet South of the northwest corner of Lot 8; K. THENCE northeasterly with a line 100..00 feet northwesterly of and parallel to the said highway center line, a distance of 33. 64 feet to a point in the north line of Lot 8, which point is 17.00 feet east of the northwest corner of Lot 8; THENCE east, a distance of 48.00 feet with the north line of Lots 8 and 7 to a point, said point being 35 feet west of the northeast comer of said Lot 7; THENCE in a southwesterly direction, a distance of 144.00 feet to a point in the south line of Lot 9, which point is 43.00 feet east of the southwest corner of Lot 9; THENCE west, a distance of 43.00 feet with the south line of Lot 9 to the PLACE OF BEGINNING. We propose and offer to convey by warranty deed to the City of Lubbock 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 to6s by the City, the sum $4,000.00, which sum represents and includes the consideration for the above described land, all costs and expenses for removal of fences and other improvements therefrom and all damages of every kind and nature to the remainder of my land that may result by reason of the opening and construction of a multi -lane highway by the State Highway Department upon, over and across the above de- scribed property in accordance with the plans and specifications established and adopted by the said Texas State Highway Department. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly, /s/ John G. Brau /s/ Ethel Albright McAdams _ Accepted by the Goirerning Body of the City of Lubbock, this 22nd day of December, 1953. ATTEST: /s / Laver is Lowe City Secretary 11Z Mur el _ R. Tripp Mayor okW.B.HOLMES After consideration of the above proposal covering the conveyance of a tract of land out of Lot 7, 8 and 9; Block 21, Country Club Addition to the City of Lubbock, wherein John G. Brau and Ethel A. McAdams Estate offered said tract of land to the City of Lubbock for a consider- ation of $4,000.00. - Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay, to authorize acceptance of the proposal, as set out above. Said area to be deeded to the City contains 5726.83 sq. ft. and is required for right-of-way on Avenue Q Northeast. The said $4,000.00 to be paid by the City to include all damages to remaining property, .payment hereby authorized to be made from Right-of-way _-Bond Funds. -12-274-556 Motion by Commissioner Morris, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay, to authQriz�e final payment to H. N. Roberts and Associates to cover engineering services fcr the West/area water and sewer improvements, contract dated June 12, 1952, GWO 724, 726 and 728. The total engineer- ing fee for this project is $19,428.33, of which $17,645.64 has been paid. The final payment hereby authorized in the amount of $1782.69, of which OL002.13 is hereby authorized to be paid from dater Bond Funds.and $780.56 is hereby authorized to be paid from Sewer Bond Funds. 0 -12-274-557 Request was received from the Plainsman District of the Boy Scouts of America to hold a parade Saturday, February 6, 1954, at 10:00 A.M., said parade to start from Carroll -Thompson Jr. High School, thence to Broadway, East on Broadway to Texas Avenue, Ncrth on Texas Avenue to-7th- Street and disband. Motion was made by Commissioner Morris, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Carpenter, Morris. and Davis voting Yea, none voting. Nay, to authorize the parade to be held as set out above. 0 -12-274-558 Motion by Commissioner Davis, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay, to authorize the City of Lubbock 1953-54 budget to be supplemented as follows: Supplerreent Capital outlay account in the amount of $6,000.00 to cover construction of the City Dog Pound. Estimated cost $6,000.00. 53-12-275-559 Motion by Commissioner Morris, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay, to authorize the sale of City of Lubbock Cemetery Lot No. 154B in Block 42, sold to Mrs. Ralph C. White, of 519 East Tulane on September 1, 1953 to be sold for a consideration of $150.00. Mrs. White's husband having been killed while acting in line of duty as a policeman. 53-12--275-560 Motion by Commissioner Carpenter, seconded by Commissioner Morris, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay, to REJECT the request of Texas Floral Company, 2107 ?lst Street to use a loudspeaker. Their request having been refused because of residences in this area requesting the City to not allow use of an amplifier in this area. 53-12-275-561 Motion by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay, to cancel contract between the City of Lubbock and the West Texas Paper and Chemical Company under which the said t company collected salvage at the City Dump Ground. This Company now being in arrears in the amount of $800.00 on payments of their rent to the City. 53-12-275.562 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Maycr Tripp and Commissioners Morris, Carpenter and Dav Ating Yea, none voting Nay, to authorize - supplement of the 1953-54 City of Lubbocl in the amount of $4500.00. Said funds being needed for increased hospital and convalescent care. 53-12-275-563 The following report was given. to. the City Commission: 1f RESOLUTION BY THE CITY -COUNTY WELFARE POLICY COMMITTEE December 17, 1953 The City -County Welfare Policy Committee recommends to the City and County Commissioners that the City -County Welfare contract with the Salvation Army be upheld and continued until the report of the Health and Welfare Survey is sub- mitted to the advisory committee, at which time the Riicy Committee will study the report and make further recommendations regarding City -County Welfare Funds and administration. On motion of Mrs. Marquis, seconded by Mrs. Green, this Resolution was passed by the City -County Welfare Iblicy Committee on this the 17th day of December, 1953 by the following vote: City -County Welfare Policy Committee voting "YEA": Mrs. Marquis, Mrs. Green, Mr. Kuykendall and Mr. Burford. City -County Welfare Policy Committee voting "NAY": None No action was taken by the City Commission in regard to the above Resolution of the City -County Welfare Policy Committee. with 53 12-275-564 Motion by Commissioner Morris, seconded by Commissioner Carpenter, motion carried/Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay, to authorize acceptance of 10 ft. of right-of-way off of the east side of Lots 12 through 22, Block 9, of Southside Addition from the Lubbock Boys Club, in exchange for thekancellation of the paving assessments for paving improvements abutting the Lubbock Boys Club property on Avenue K from 23rd to 24th Streets and on 23rd Street .from Avenue J to Avenue K, in a total amount of $1658.76, plus interest accrued. It being understood that this 10 ft. strip is 430 ft. in length on the west side of the presently located Avenue J between 23rd and 24th Streets. This acceptance of the Lubbock Boy's Club verbal proposal being contingent on the understanding that/if and when Avenue J is paved from 23rd to 24th Street the Lubbock Boys Club will be assessed and be required to pay for this paving in the usual. manner. 53-12-275-565 Motion by Commissioner Morris, seconded by Commissioner Carpenter, motion carried, Mayor Tripp apd Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay, to -authorize advertising for sale and (dismantling of buildings located in the right-of-way of Avenue Q Northeast being Block 34 of the Easley Subdivision of Blocks33 and 34, Roberts and McWhorter Addition to the City of Lubbock. Said buildings having been required by the City of Lubbock when right-of-way for Avenue.Q Northeast was acquired from Geo. W. Butler and wife, on May 21, 1953. 53-12-275-566 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commission rer Morris, Carpenter and Davis voting Yea, none voting Nay, to authorize accept- ance of an offer of V. C. Austin to purchase a rendering vat of approximately 30 gal. capacity and other equipment located on Avenue A between Broadway and 17th Street. Said equipment having b�em acquired by the City of .Lubbock when the right-of-way for Avenue A between Broadway and 17th Street was acquired from the Cathey Packing Company. Price to be paid the City for this equipment to be $350.00. 3712-276-567 The following report was made to the City Commission: The City Finance Officer has been directed to issue check in the amount of $10,244.06 to Walter L. Herrin for Commission due on purchase of 1170.75 acres of land which cord mission was authorized by City Commission Minutes of April 29, 1953. Mr. Herrin also acted as the City's agent and as such acquired 600 acres of surface and under- ground water rights in Section 44, Block P, known as the Hufstedler Tract. Mr. Herrin made no charge for handling this transaction. The abovementioned tracts, together with the-249;4 - acres of water rights known as the Gerlach Tract gives the City of Lubbock a total of 2020.15 acres on which 17 new wells are planned for the near future. The Engineering Department is presently preparing plans for a pipeline so that this new supply will be available for the summer of 1955. 3-12-276468 Three members having been appointed December 10, 1953, as members of the Housing Authority Board, it was found that Edwin E. Merriman is unable to serve as member of this board, there- fore, motion was made by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commis sione r;s Morris, Carpenter and Davis xoting Yea, none voting Nay, to authorize appointment of Garnet Reeves as member of this board .to serve for the term December 27, 1953 to December 27, 1955. 3-12-276-569 There was consideration of the City's policy in regard to installation of electric ranges and electric hot water heaters and it was unanimously agreed to not act on this matter until a leeral opinion has been received from the City Attorney concerning said policy. 3-12-276-570 Consideration was given the request of the M. J. M. Corporation for an adjustment of the pavir% costs assessed against their property located on Avenue H and 30th Street, but no action was taken. - 3-12-276-571 Motion by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis votineea, none vot ingNay, to grant the request of Dr. E. N. Jones, president of Texas Technological College, to hold a "Pigeon shoot" on Texas Tech Campus Thursday morning December 24, and Saturday afternoon, December 26, 1953 for the purpose of eliminating as many pigeons as possible. Said pigeon shoot to be conducted under the direction of Major Daton F. Caple, R.O.T.C. director, and the City of Lubbock Police Department. 3-12--276-572 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Dads Soting.Yea, none voting Nay, to authorize payment of partial final estimate in the amount of $31,000.00 to W. G. McMillan & Son on their contract for construction of the Library Building - GWO 714. Said contract being complete except for letters on restroom doors and an aluminum plaque. $681.85 is being withheld until these two items are completed. Total estimated contract price for said library building, including previously approved change order Nos. 1 and 2 is $234,918.50, payment hereby authorized to be made from Library Bond Funds. 3-12-276-573 Bids as follows were read for purchase of tires to be used by City of Lubbock equipment. TIRES, BID NO. 388 - Close 10: A.M. 12-22-53 Firestone ,Stores 1. 5 600 X 16 - 6 ply mud and snow tires 2. 12 650 X 16 - 6 ply mud and snow tires 3. 10 825 X 20 - 10 ply mud and snow tires 4. 2 1000 X 15 - 14 ply plain tread tires 5. 10 600 X 16 - 6 ply plain tread tires 6. 40 670 X 15 - 4 ply plain tread tires 7. 15 670 X 15 - tubes All tires must be First Line and First Grade tires. Passenger tires to be 11/32 tread depth and truck tires to be 14/32 tread depth. Total 16.42/each 82.10 20.06/each 240.72 54.75 547.50 . 83.54 167.08 15.54 155.40 13,t 11 524.40 1.52 22.80 1,740.00 17.22/each 86.10 20.89/each 250.68 54.97 549.70 85.19 170.38 15.97 159.76 1.2.47 498.80 1.46 21.90 1,737.26 0 J J F.O.B. Lubbock Lubbock TERMS Net Net PRICIm Total number of Tires to be purchased - 94. After consideration of the bids, motion was made by Commissioner Davis, seconded by Commission- er Carpenter, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay, to authorize acceptance of the bid of. Shook Tire Company for purchase of the tires it being considered the lowest and best bid. 53-12-277-574 Motion by Uommissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners korris, Carpenter and Davis voting Yea, none voting Nay, to authorize a temporary loan of $100,000.00 from the City of Lubbock Paving Fund to the City of Lubbock Water Bond Fund. This load made in order that the City may take advantage of a cash discount on purchase of a pipe for a 24" supply line in Quaker Avenue. Water Bond Funds are at this time, on time deposit at the Citizens National Bank. Term of this loan to be approximately two mont hs. 53-12--277-575 Motion by Commissioner Morris, seconded by Commissioner Davis, motion carried, Mayor Tripp and Commissioners Morris, Carpenter and Davis voting Yea, none voting Nay, to authorize payment to L. A. Purtell in the amount of $37,931.00 for water rights on land as set out in the follow- ing Deed from Mr. Purtell to the City of Lubbock. The State of Texas Counties of Bailey and Lamb � KNOW ALL MEIN' BY THESE PRESENTS, that we, L. A. Purtell and wife, Hazel Purtell, and R. P. Fuller and wife, Elane Fuller, of the Co.anty of Lubbock, State of Texas, for and in consideration of the sum of Ten and no/100 ($10.00) Dollars cash, and other valuable considerations to us in hand paid by CITY OF LUBBOCK, a municipal corporation of tIn State of Texas, the receipt of which is hereb acknowled#ed, HAVE GRANTED, SOLD AND CONVEYED, and b. these presents do Grant, Sell and Convey unto the said CITY OF LUBBOCK, of the County of Lubbock and State of Texas, All of the water rights, as that term is defined below, in, on and under the following described real estate situated in the Counties of Bailey and Lamb, State of Texas, to -wit: All of League Number Two Hundred Six (206) of the Ochiltree County School Lands in Bailey and Lamb Counties, Texas. There is EXCEPTED AND ENCLUDED from this conveyance the following: 1. The right of Wayne George, his heirs and assigns, to take and use such quantities of water as maybe required to carry on usual and nammal, domestic and ranching operations and undertakings on said lands, excluding irrigation, and the further right to take and use such quantities of water as may be required for normal and customary operations for the production of oil, gas and other minerals from said land. By normal and customary operations operations for the production of oil, gas and other minerals is meant such operations as were normal on August 10, 1953, and customary in the area where said land is located.. 2. The water in, on and under the following described two tracts of land, being a portion of the land above described, and the grantee herein shall hav9ho right, title or interest thereto, said two tracts being described as follows, to wit: FIRST TRACT: Situated in Bailey County, Texas, about eight (8) miles S. 430 E from Muelshoe, the county seat; described by metes and bounds as follows: BEGINNING at a 1" iron pipe set in NE line Santa Fe Railroad right-of-way; from which the SW corner of League 206 bears N. 890 281 W 726.7 varas and S. 00 321 W 2766.9 varas; THENCE S. 410 21tE. with said right of way 1461.7 varas,- THENCE N. 48Q 391 E with said right of way 18 varas; THENCE S. 410 211 E. with said right of way 238.3 varas to a 1" iron pipe; THENCE N. 480 39' E. 515.8 varas; THENCE N. 410 21' W. 1700 varas; THENCE S. 480 39' W. 344.6 varas, THENCE N. 410 21' W. 1299.5 varas to west line League 206 and East line League 204; THENCE S. 00 321 W. with said League line 283.4 varas to the NE line Santa Fe Railroad right-of-ways; THENCE S. 410 21' E. 1088.5 varas to the place of begirAing. SECOND TRACT: Situated in Bailey County, Texas, about eight (8) miles S 420 E. from Muelshoe, the county seat; described by metes and bounds as follows: BEGINNING in East line League 204 and West line League 206, a distance of 1315.8 varas N. 00 32t E. of SW corner League 206, the northern SW corner this tract; THENCE S. 890 281 E. at 350 varas pass a 11" iron pipe, at 791 varas a corner of this survey; THENCE S. 410 211 E. 1401.1 varas to corner this survey; THENCE N, 480 39' E. 831.6 varas to a point in SW line Highway No. 84; THENCE N 410211 W. lo63.9 varas to concrete block; THENCE on curve to right with radius of 2080.67 varas a distance of 160.4 varas to a concrete block; THENCE N. 360 55' W. 74.6 varas to a concrete block; THENCE on curve to left with radius of 2044.67 varas to concrete block a distance of 157.6 varas; THENCE N. 410 211 W. 1325.5 varas following SW line Highway No. 87; THENCE S. 480 391 W. 179.3 varas; THENCE S. Oo 21 y� 1,�� THENCE N. 890 281 W. 350 vaf'as to West line Le gue :!09'a&J2 LyfPsline League 204; THENCE S. 00 321 W. 750 varas to place of beginning. The above exceptions and exclusions from this conveyance constitute the rights which were conveyed to the said Wayne George by a certain deed dated August 10, 1953, executed by the undersigned grantors conveying to the said Wayne George, his heirs and assigns; the above described real estate, and this conveyance shall not be construed as including such rights; the warranty hereinhfter con tained shall not be considered as being breached by the existence of such outstanding water rights in Wayne George, his heirs or assigns. in By the term "watdx rights" as used this deed is meant; All of the percolating and underground water in, under, and that may be produced from the above described land, togethei/di.th the exclusive right to take said water from said land, together with the full and exclusive rights of ingress and egress in, over and on said lands, so that the owner of said" water rights may at any time and location drill water wells and test wells on said lands for the purpose of investigating, exploring, producing, and getting access to percolating and underground water; together with the rights to string, lay, construct, and maintain water and fuel pipelines and truck, collector and distrubmtion water lines, power lines, communication lines, air vents with barricades, observation wells with barricades, if required, not exceeding ten (10) square feet of surface area, reservoirs, booster stations, houses for employees$ and access roads on, over, and under said lands necessary or incidental to any of said operati.ons,together with the right to erect necessary housing for wells, equipment and supplies, together with perpetual easements for all such purposes, together with the rights to use all that part of said lands necessary or incidental to the taking of percolating and underground water and the production treating and transmission of water therefrom and delivery of said water to any purchaser thereof o, It is understood that for the purpose of this deed, water and minerals in water shall never be construed as minerals. The owner of said water rights, his heer_s, successors or assigns, shall pay Three and No/100 ($3.00) Dollars per acrefyear for all ground surface occupied br housing facilities, fenced enclosures and roads constructed and used by such Owner; and said owner, his heirs, successors and assigns shall pay for damages to any surface property proximately caused by any operations or activities on said land by the owner of said water rights, his agents or employees, for which no payment is otherwise provided herein, and shall, within a reasonable time after conducting dn.r operations on said land, remove therefrom any trash, debris or other material or objects which clutter up or detract from the usefulness of said lands to the owner thereof. Where the owner of said water rights constructs new roads through an outside fence, such owner will install and maintain in such opening, gates of durgble construction; or, at the option and request of the owner of the lands, the owner of such welter rights, his heirs or assigns, will install and maintain cattle guards. Where such owner of water rights constructs or uses roads across inside fences, such owner will install and maintain cattle guards; it being understood that locking gates on the outside fence shall not affect the right of entry, ingress and egress of authorized officers, employees and contractors of the owner of said water rights, engaged in the business of such owner of water rights and pertaining t water rights as herein defined. It is contemplated by the parties hereto that all or part of the water rights hereby conveyed may be sold by the grantee to other parties, and in that event the right is expressly granted to the grantee, or grantees, of said water rights to use water taken from the above described lands, for distribution td cities and towns situated in Bailey, Cochran, Hockley, Lamb and Lubbock Counties. It is the purpose and intent of this deed is reserved by the City of Lubbock, its successors and assigns, eadh and all of the rights resewecuted by the undersigned and igned grantors in that certain deed dated August 10, 1953, conveying to Wayne George the above described real estate, reference to said deed being here made for a full description of the rights hereby cctvbetweentthe provisions specifically understood and agreed that in case of any of said deed dated August 10, 19�3, and the provisions of this instrument, the provisions shall ccntro of said deed dated August 10, 1953 �, it being the intention of all parties to this instrument that the rights hereb;; conveyed shall be the same identical water rights whichwere reserved by the thatrsigned no�hingghereinsin said deed c0ntained shall beust 10, onstrued953, and none other; provided further, on under or that may be produced as conveying any of the oil, gas or other minerals in, , from the above described real estate, or the rights appurtenant thereto. :oedTO HAVE AND TO HOLD the above descrihereuntoSinnanYwiselbelonging,tuntoth all and singular the rights and appurtenancds the said City of Lubbock, a municipal corporation, its successors and assigns forever; and we do hereby bind ourselves, our heirs, executors and administrators, owa ant y and forever defend all and singular the said rights and rL�h mes unto thessoever lawfully of LubboC4 its successors and assigns, against every person claiming or to claim the same or any part thereof. WITNESS OUR HANDS, this the 26th day of December, A. D. 1953. /s/ L. A. Purtell L. A. Purtell /s/ Hazel Purtell Hazel Purtell J s R'. P. Fuller Elaine Fuller THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE me, the undersigned authority, a NotjLry Public in Md for the County and State aforesaid, on this day personally appeared L. A. Purtell, known to me to be the person whose name is subscribed to the fforegoing instrument, and acknowledged to Ine that he executed the same for the purposes and co nsid erati rn s therein expressed. GIVEN UNDER MY HAND and seal of office, this the 26th day of December, A. D. 1953. /s/ . J. M. Tierney Notary Public, Lubbock County, Texas THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority a Notary Public in and for the County of Lubbock, State of Texas, on this day personally appeared Hazel Purtell, wife of t. A. Purtell, known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Hazel Purtell, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND and seal of office, this the 26th day of December, A. D. 1953. 1s/ J M. Tierney Notary Public, Lubbock County, Texas THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for the County of Lubbock, State of Texas, on this day personally appeared R. P. Fuller, 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 the 26th day of December, A. D. 1953. /s/ J. M. Tierney, _ Notary Public, Lubbock County, Texas THE STATE OF TEXAS COUNTY OF LUB�OCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Elane Fuller, wife of R. P. Fuller, known to be to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily andapart from the husband, and having the same fully explained to her, she, the said Elane Fuller, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wieh to retract it. GIVEN UNDER MY HAND and seal of office, this the 26th day of December, A. D. 1953. /s/ J. M. Tierney Notary 'Public., Lubbock County Texas The above land, on which the City is purchasing water rights, is a portion of the land included in L. A. Purtell' s original proposal to the City dated April 25, 1952, to sell the City water rights on approximately 52,000 acres in Bailey County, Texas, for $10.00 per acre. Said proposal was accepted by the City Commission by Resolution dated May 3, 1952. The City Commission expressed their intention to purchase these 3,793.1 acres of water rights by letter dated September 4, 1953, to L. A. Purtell, provided that water was found in adequate quantity and quality. Three test holes were drilled on this property on August 18, and 19, 1953i Said tests indicated approximately 120' of water bearing sand and analysis of the water indicates a qualtiy equal to or better than that of the water now being used by the City of Lubbock. Payment of the $37,931.00 to L. A. Purtell hereby authorized to be made from Water Bond Funds. No further business coming up for consideration, the City Commission recessed to meet January 4, 1954, at 3:30 P.M. Read and approved this the 28th day of January , 1954 W-YM-0 Mr �-�iI La4venia Lowe, City Secretary -Treasurer 11