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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/12/1951REGULAR MEETING Lubbock, Texas . April 12, 1951 The City Commission of the City of Lubbock, Texas, met at 10 A.M. in regular session at the regular meeting place in the City Hall, the following members thereof being present, to -wit: Mayor Pro-Tem Harry Morris, Commissioners E. K. Hufstedler, L. E. Davis, Lucian.Thomas, City Attorney Vaughn E. Wilson, City Manager_Steve,Matthews, City Secretary Lavenia Lowe. Absent: Mayor Clarence K. Whiteside. The Minutes of Regular Meeting of March 22, 1951, and Recessed Regular Meeting of March 30, 1951, were read, and upon motion by Commissioner Hufstedler, seconded by Commissioner Davis, motion carried, Mayor pro-tem Harry Morris, and Commissioners Davis, Hufstedler and Thomas voting YEA, NONE voting NAY, they were approved. 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 approve Minutes of Accounts allowed from Warrant No.'566-E to Voucher #1031-E, both inclusive. Motion by Commissioner Hufstedler, seconded by Commissioner Davis, motion carried, Mayor pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA, none.voting NAY, Ordinance No. 1067 was passed on second and final reading. ORDINANCE 1067 AN ORDINANCE AMENDING ^ZONING ORDINANCE NO. 661 AND THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO.MAKE THE FOLLOWING CHANGES: �2) CHANGE SOUTH ONE-HALF ($ 1/2 ) OF BLOCK 10 AND. NORTH 143,21. FEET OF $LOCK 1� j WHITEHEAD 2ND-ADDITION,-FROM AN "A" DISTRICT TO AN "Hit DISTRICT; (3) CHANGE LOTS 1 AND 2, BLOCK.12,..MAYFIELD SUBDIVISION OF ROBERTS.ANJ.MCWHQRTER ADDITION FROM A "C" DISTRICT TO AN f1F" DISTRICT;-(5) CHANGE.LOTS 5 THROUGH 16, BLOCK.11 WOOD-PETERSEN ANNEX FROM AN "Alt DISTRICT TO A. "J" DISTRICT; (6 ) CHANGE LOTS 1, 2, AND 4, BLOCK 1, IVOOD-PETERSEN -ADDITION. FROM. AAA t-'A" DISTRICT TO A "Ger DISTRICT; (7) CHANGE LOTS 6 THROUGH 14, $LOCK 7, FLYNN PLACE -SUBDIVISION FROM A "G'! DISTRICT TO,A "J" DISTRICT;.($) CHANGE LOT 2, BLOCK 114-ROLES ACRES ADDITION FROM_AN-"A" DISTRICT TO.A "J" DISTRICT; AND 19) CHANGE LOTS LAND 21 BLOCK.7I.OF OVERTON ADD- ITION FROM_ A "B" - DISTRICT. TO - A , "C"' DISTRICT.,. _ WHEREAS, _ Hearing having been held March 22, 1951, of record in Minute Book 10 at Page 30 to determine whether or not Blocks 1 and 2, Nelson -Brown Addition, Lubbock, Texas, be changed from a temporary "A" District to a 11 J11 District and the hearing con- tinued until this date, this -zone change request was again brought to the attention of the City Commission. On this date, April 12, 1951, no citizen appeared to pro- test the changing of the zone, therefore motion was made by Commissioner Hufstedler, seconded by Commissioner Thomas, that the Hearing be closed. This motion carried by the following vote: Mayor pro-Tem Harry Morris and Commissioners Davis, Hufstedler and Thomas.voting YEA, none voting NAY. Motion by Commissioner Hufstedler, seconded by Commissioner Thomas, motion carried, Mayor pro-tem Harry Morris and Commissioners Davis, Thomas and Hufstedler voting YEA, NONE voting NAY., Ordinance No. 1068 was passed pn first reading. ORDINANCE NO. 1069 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 661 AND THE OFFICIAL ZONING MAYP OF THE CITY OF LUBBOCK SO AS TO DUKE THE FOLLOWING CHANGE.-- ,( .- CIUNGE BLOCKS 1 AND 2, NELSON -BROWN ADDITION FROM A TEMPORARY "At' DISTRICT,,,TO. A t1J11 DISTRICT. USING TKA11-TY64 SIX (26 )XWH OR LESS PER MONTH April 12, 1951 being the date set for Hearing on Proposed amendments to Zoning Ordinance No. t61, the proposed changes being set out at Page 23, 24, and„25, Minute Book 10, several persons appeared for the Hearing, among them the President of the Lubbock Real Estate Board, who presented resolution protesting the changes. After discussion by the City Commission it was unanimously agreed that the Hearing on the zone change be continued until May 10, 1951, at which time the -Lubbock Real Estate Board proposed to make some recommendation in regard to the construction of Servantts Quarters. 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, Ordinance No. 1069 passed first reading. ORDINANCE NO. 1069 AN ORDINANCE ESTABLISHING AND REGULATING RATES TO BE CHARGED BY SOUTHWESTERN public pervice _ CONFANY_FOR .ELECTRIC.. SERVICE ACCQRDINq TO RESIDENTIAL._AND, PONY MR CLASSIFICATIONS; PRESCR.IBING.THE_KIND_OF_USE.TO.TFiICH-EACH-CL SSIFICATION I,S _ APPLICABLE; _ PROVIDING _MINIMUM CHARGE . OF SEVENTY-FIVE . CENTS - Z750) ..P MOTH,, FOR 0AND_ A._ MINIMUM OF . QNE .DOLLAR. _ SIXTY . CEN TS f $1.60) PER MOTITH FOR CUSTOM USING MORE_ THAN . TWENTY-SIX (46) _ KWH. PER MONTH. "BOTH MINTMUM$,.APPLICABLE. TO_ PRESIDENTIAL CLASSIFICATIONS, AND PROVIDING_ FOR. NIONTHLY_MINIMUMS_ OF SEVENTY-FIVE_ C3$NTS . (75¢ )- FOR COMMRCI L CLASSIFICATIONS USING_ THIRTY-FOUR (34) -KWH. _QR. LESS _PER ..MONTgj AND TWO DOLLARS. _(V , Ob) . PER -MONTH.. KNIMUM. CHARGE -FOR CUSTOMERS _ USING . MOR.E THAN. THIRTY- FOUR -134) .KWH. PER NMONTH,_.WHICH.--RATES -.DELETE FRAM EXISTING _RATES THE TEN. (10). PER CENT PROZdPT..PAYMENT, DISCOUNT; . AND. SETTING. A DATE FOR -PUBLIC HEARING.. - Motion by Commissioner Davis, seconded by Commissioner Hufstedler, motion carried, Mayor pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA, None voting NAY_, Ordinance No. 1070 passed first reading. CUSTOMER ORDINANCE NO. 1070 i AN ORDINANCE AMENDING ORDINANCE N0. 861, PASSED THE 26TH DAY OF FEBRUARY, 1948, ENTITLED, . "AN , ORDINANCE. BY, THE: CITY. COMMISSION._ CF.,THE - CITY. OF_ LUBBOCK TEXAS, PRESCRIBING_RATES-TO,.BE.CHARGED__FOR..SW.- ICE FURNISHED.BY..THE_ .ELECTRIC. LIEN SYSTEM, OWNED AND OPERATED, DY. SAID_ CITY; REPE.&LING,_ALL_ ORDINANCES',-- ORDERS,. OR_RESOLUT.TONS. - IN. CONFLICT.; . AND- DECLARING AN,. EMERGENCY,'t .- . S0. AS_ -TO.. DELETE FROM - SCHEDULE _'RL-1,. AND SCHEDULE. RL-2, _BEING_ CL9SSIFIED _AS .DOMESTIC ,ELECTRIC .SERVICE., _ AND, -SCHEDULE_ LCP-2, CLASSIFIED -AS CO1WERCIAL_LIGHTING _AND _PQWER SERVICE THE FRQVI$TON .PRQVIDING_FOR TEN . (10) -PER CENT. DISCOUNT -FOR _-PAYMENT._WITHIN_TEN.. (iOj. DAYS_OF_DATE.-BILL.IS RENDERED, AIdD FURTHER__DELETING THAT.. PART OF THE CCL BCIAL__LTGHTING AND -POWER SERVICE SCHEDULE LCP-2, WHICH ,INCREASES. THE. TWO DOLLAR (, 2.00 _PER, MONTH_. MINIMUM, MERE., MOT10P _. QF _ j_ AFi OR Q3FER -ARE CONNECTED: COMBINING. EXISTING RATES_ UNDER. SCHEDULES RL-1 _ AND, BL-2, ..AND:_.. clagsifying SUCH,RATES AS__ItRESIDENTIAL'-t; PROVIDING,THE._SSAME..RATES-EXISTING-UNDER THE ORDINANCE BEING_ AMENDED, AND _ PROVIDIN G. A MINIMtJNi. CHARGE._ OF., SEVEIITTY-FIVE PER,MONTH FOR CUSTQMERS USING_ TIIENTY-SIX 126) .KVH�. OR LESS PER_MpNTI�,__AND A MINIMUM OF ONE DOLLAR SIXTY_.. CENTS ($1.60) _ FOR _ CUSTOMERS_ _USING MORE 'THAN_ TWENTY-SIX (26) . KWH N'E8 MQNTIi; _ AND_FURTHER- PROWDING,FOR M0NTHLX_MINIMUMS OF SEVENTY-FIVE CENTS, (7� •). _ FOR COMMERCIAL CLASSIFICATIONS USING THIRTY-FOUR. -(34) KWH, QR ,LESS -PER MONTH, ,.AND,. TWO D LLARS-1$2.00) PER _ MONTH _MINIMUM. CHARGE _FOR QUSTOMERS _ USING MORE THAN- THIRTY- FOUR .34) _KWH. PER MONTH; --_RESTATING-_ ALL _ OF SAID _ RATES; -AND SETTING A _ DATE FOR. PUBLIC HEARING. _- _ -- - • ___ Motion by Commissioner Hufstedler, seconded by Commissioner Thomas, motion carried, Mayor Pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA, None voting NAY.,. Ordinance.No. 1071.) was passed on first reading. ORDINANCE NO. 1071 AN ORDINANCE AMENDING ORDINANCE NO.1$96 ENTITLED, IfAN ORDINANCE FIXING WATER RATES _ IN THE CITY.. OF. _ LUBBO�K; . MAKING_ DILLS PAYABLE _ WITHIN TEN . (10 DAYS . FROM _ THE DATE_RENDERED;.PRE�SCRIBING_MINIMUM..RATE-OF ONE_DOLLAR..AN-b $O11Q0 $l.$0)_FOR EACH CONSUTR; _ ALLOWING.. TE➢i- (10) PER .CENT _ DISCOUNT.. ON,. BILLS.. PAID IN TEN , DAYS (10 } AFTER rendered; CLASSIFYING --RATES APPLICABLE.TO,-COMMERCIAL,AND_RESIDENTIAL_USES; AND-.. APPLYING A_RESIDENTIAL IRRIGATION_RATE DUE.TOtt _DROUTH CONDITIONS,.SO AS -TO DELETE THEREFROM THE_TEN..(10.) PER CENT PROMPT PA NT.DTSCOUNT.PROVISION.-._ _ Motion by Commissioner Hufstedler, seconded by Commissioner Davis motion carried, Mayor Pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas votin,; YEA, None voting NAY, Ordinance No. 1072 was passed on first reading. ORDINANCE NO. 1072 AN ORDINANCE RELEASING AND AUTHORIZING. THE MAYOR TO EXECUTE A RELEASE OF PAVING ASSESSMENTS- QN-PAR.TS OF- 34TH STREET, .THE RELEASE. BEING_L1MITED_TO TEE _PRQPERTY_ SPECIFICALLY DESCRIBED..IN THIS. ORDINANCE AND_TO THE,ASSESSNNTS.MADE,UNDER_PAVING OR NANCE- N0. ,117, . IJIITIT : NO.. $57, ,AS RECORDED IN VO�UNM- - �91_} _ PAGE.-.6, _ DEED _ RECORDS QF . LUHBOCK COUNTY, TEXAS . r _ . _ _ _ • _ _ • _ _ , . Motion by Commissioner Hufstedler, seconded by Commissioner Davis, motion carried, Mayor pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA, none voting NAY., Ordinance.No. 1073 was passed. , ORDINANCE NO. 1073 AN ORDINANCE PROVIDING FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE AND MAINTENANCE OF AN UNDERPASS PROJECT AT THE.INTERSECTION.OF-U. S. HIGHWAY 62 (19TH STREET) - WITH THE PROPERTIES AND TRACKS OF -THE PANHANDLE -AND SANTA FE RAILWAY COMPANY.IN-THE.CITY OF LUBBOCK, TEXAS AND AUTHORIZING THE MAYOR OF THE CITY TO - EXECUTE AND.THE CITY SECRETARY TO.AFFIX THE CORPORATE SEAL AND ATTEST-THE.SAME, A CERTAIN CONTRACT BETWEEN THE CITY, THE STATE QF.TEgAS AND_THE.RAILROAD.CQMPANY PROVI➢ING FOR THE INSTALLATION.,,CONSTRUCTIOti,.EXIS TENCE,.USE_AlgD_MAINTENANCE OF SAID.UNDERPASS,PROJECT; FOR.THE GRANTING.OF LICENSE AND PERMISSION BY.THE RAILROAD COMPANY.FOR SAID PROJECT; FOR-THE.PAYMENT, BY_THE STATE OF TEXAS, OF THE CONSTRUC- TION COSTS OF SAID PRQJECT;..FOR THE ASSUMPTION, BY THE CITY, OF ALL DAMAGES TO ADJOINING, ABUTTING -AND OTHER PROPERTY AND BUSINESS AND TO TENANT OR -OCCUPANT - THEREOF; FOR THE.PROTECTION OF THE STATE OF TEXAS AND THE RAILROAD COMPANY AGAINST ALL SUCH DAMAGES AND.EXPENSES IN CONNECTIQN WITH ANY.CLAIM OR_SUIT THEREFOR; FOR . THE MAINT9NANCE_OF THE -UNDERPASS PROJECT; AND.DECLARING AN EMERGENCY -AND PROVIDING THAT THIS,QRDINANCE. SHALL,DE._EFFECTIVE_FROM AND AFTER ITS PASSAGE. (A copy of complete ordinance including Exhibit C is of record in he Ordinance Book.) t 04r, _e rs.� V A-` otion by Commissioner Hufstedler, seconded by Commissioner Davis, Ordinance No. 1074 was passed on first reading, Mayor pro-tem Harry Morris and Commissioners 1� Thomas, Hufstedler and Davis voting YEA, none voting. NAY. ORDINANCE NO. 1074 AN ORDINANCE TO AMEND SECTION b OF ORDINANCE NO. 654, PASSED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK FINALLY ON NOVEMBER 41 19402 ENTITLED., "AN ORDIN- ANCE GRANTING TO J.. A. FORTENBERRY AND_ RAY FARMESR A FRANCHISE OVER THE .STREETS, . - ALLEYS AND,PUBLIC THOROUGHFARES. OF THE CITY OF LUBBOCK, TEXAS FOR OPERATING -BUSSES; PROVIDING.FOR.A.=TENSATION.AND FIXING,.CHARGE_FOR SAME; -PROVIDING FOR.EFFICIENCY OF SERVICE AND REASONABLE.RATES; PROVIDING -FOR FORFEITURE OF SAID FRANCHISE.AND REPEALING ALL.ORDINANCES OR PARTS OF ORDINANCES IN.CONFLICT THEREWITH, AND PROVIDING for acceptance thereof within thirty (30) DAYS FROM THE-DATE.OF FINAL PASSAGE, !fSO THAT SAID SECTION 6 SHALL, AFTER FINAL PASSAGE OF THIEr.ORDINANCE,,,PROVIDE BUS ZONES FOR.THE CITY OF LUBBOCK TO CONTROL THE FARES AND CHARGES TO BE MADE BY -THE BUS -COMPANY IN ACCORDANCE WITH RATES AND CHARGES ESTABLISHED BY RESOLUTION OF.THE CITY .COMMISSION, AND FURTHER.PROVIDING-THAT EXCEPT AS HEREIN -AMENDED SAID_OF.DINANCE,NQ. 654 SHALL IN ALL OTHER RESPECTS.REMAIN.IN.FULL FORCE AND EFFECT -ACCORDINGLY AS IT.HAS HERETOFORE BEEN AMENDED Motion by Commissioner Davis, seconded by Commissioner Hufstedler, the following Resolution was passed, Mayor pro-tem Harry Morris, and Commissioners Hufstedler, Davis and Thomas voting YEA, none voting NAY, R E S O L U T I O N A RESOLUTION PROVIDING FOR IMPR6VEMENTS OF PORTIONS OF COLLEGE AVENUE IN THE CITY OF_I,,UBBOCK,.-TEXAS, AND DIRECTING PREPARATION.OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY OF LUBBOCK) TEXAS, THAT: I Public necessity exists that the following portions of College Avenue in the City of Lu:bock be improved as provided, to -wit: From NPL 4th Street,to South Edge of ties of P & SF Railroad From North Edge of ties of P & SF Railroad to.SPL Auburn Street From SPL Auburn Street to SPL Cornell Street From SPL Cornell Street to Exist. Pavmtt. on Clovis Road II Said portions of College Avenue shall be improved by raising, grading and filling same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted claiche base, and by surfacing with quadruple asphaltic surface treatment (penetration type). III The City Engineer is hereby directed to supervise the preparation of plans and specifications for such imprpvements. IV Such improvements in each unit shall be paid for in the following manner: (a) Railways using, occupying or crossing any portion of said College Avenue shall be -assessed for and shall pay for all of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches, and two feet on each side thereof. (b) The abutting property and owners thereof shall pay and shall be assessed for all the.cost of oonstructing curbs in front of such improvements, after deduct- ing the sums to be paid by the railroad under sub -paragraph (a) above, provided that such part of the costs assessed to the abutting property owners thereof shall not exceed 90% of the cost of the improvements plus the cost of the curb, and further provides that it it shall appear on the hearing to be had before final assessments is made that the special benifits to such property by way of enhancement value thereof by means of such improvementw will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. (c) The ramaining cost of said improvements, after deducting the sums finally assessed against railways under sub -paragraph (a) hereof, and against abutting property and the owners thereof under sub -paragraph (b) above, shall be paid by the City of Lubbock, Texas and the County of Lubbock, Texas. V. The amounts assessed against and to be paid by railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paid on estimates or statements on or before ten days after acceptance of the improvements in the unit in which the railway lies, by the City Dommission and shall bear interest from date due and until paid at the rate of 6% annum. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in three equal installments: the first of which shall become due on or before 10 days after completion and acceptance of the improvements in the unit on which the property abuts by the City Commission; the second and third one and two respectively after completion and acceptance of the improvements in the unit upon which the property abuts, by the City Commission, and shall bear interest from the date of completion and acceptance until paid, at the rate of six percent per annum, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures: then at the option of the holder of such assessment or certifi- cate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. 1W! Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorneyts fees and costs of collection, if incurr6d, all under and in accordance with the Ch4rter, and amend- ments thereto, now in force in this City. VII This Resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TH DAY OF APRIL, 1951. CLARENCE K. WHITESIDE Mayor.. ATTEST: LAVENIA LOWE City. Secretary, APPROVED AS TO LEGALITY: VAUGHN E. WILSON j City.Attorney APPROVED AS TO CONTENT W. B. HOLMES City Engineer 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, the following Resolution was passed. R E S O L U T I O N A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS AND DISECTING ADVERTISEMENT FOR BIDS. - • ... WHEREAS, the City Commission on April 12, 1951 passed a resolution providing for the improvement of a_certain portion of College Avenue in the City of Lubbock to be accomplished under General Work Order Number 615 and directing the prepar- ations of plans and specifications for -such improvements, and, WHEREAS, under the supervision of the City Engineer plans and specifications have been prepared and filed with the City for such improvements, and the same have been examined, NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK. THAT, the plans and specifications submitted by the City Engineer covering improvements of certain portion of College Avenue, BE, and the same are hereby authorized and directed to advertise for bids in accordance with the "Not4ce to Bidders" made a part of said specifications and covering the quantities of materials needed for said paving program as therein set out; AND IT IS SO ORDERED: PASSED AND APPROVED BY THE CITY COMMISSION this 12th day of April, 1951. CLARENCE K. WHITESIDE Mayor.- .. - ATTEST: LAVEN IA LOWE ity Secretary APPROVED AS TO LEGALITY VAU GHN E. WI LS ON City Attorney APPROVED AS TO CONTENT: W. B. HOLMES City Engineer - Motion by Commissioner Davis, seconded by Commissioner Hufstedler, motion carried, Mayor pro-tem Harry Morris and Commissioners Davis, Hufstedler and Thomas voting YEA, none voting NAY, the following Resolution was passed. R E SO L U T I 0 N WHEREAS, it has become evident that certain property owners along 34th Street between Avenue H andIndiana Avenue are not willing to dedicate the usual width of right-of-way required for the construction of a 64 foot wide street, and. WHEREAS, the traffic volume on this section of 34th Street is such that it is,mandatory that the street be widened to 64 feet in width, and WHEREAS, there is at present a right-of-way of sufficient width to condtrrzct the 64 foot wide pavement on public property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK;_ THAT, the City Engineering Department is authorized and instructed to proceed with the construction of a 64 foot wide pavement on 34th Street, authorized under GWO No. 588, and now under contract of J. R. Fanning, a local contractor, provided the contractor is willing to accept.paving certificates on property where the owner will not willingly participate in the cost of the work, and further provided that all work done under this contract will be on public property. AND IT IS SO ORDERED. PASSED AND APPROVED BY THE CITY COMMISSION THIS 12th day of April., 1951• CLARENCE K. WHITESIDE Mayor_. ATTEST: LAVENIA LOWE City Secretary APPROVED: VAUGHN E. WILSON, City Attorney R. L. OLDHAM, Director of Public Works Motion by Commissioner Hufstedler, seconded by Commissioner Davis, motion carried, Mayor pro-tem Harry Morris and Cotanissioners Hufstedler, Davis and Thomas voting YEA, none voting NAY, the following Resolution was passed. R E S O L U T I O N WHEREAS, the City of Lubbock annexed approximately 10 square miles of fringe territory.during the calendar year 1949, and WHEREAS, it was generally understood that if sufficient bond funds were voted, water and sewer service would be extended to the populated areas annexed, and WHEREAS, sufficient funds have been voted and are available, and WHEREAS, there was no specific definition of the term "populated areas", and WHEREAS, it is the intention of the City of Lubbock to provide water and sewer service to all populated areas within the Corporate Limits where it is economically feasible to do so. - NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT, the City Engineering Department of the City of Lubbock is authorized and instructed to provide water and sewer service to all buildings pr residences within the Corporate Limits, provided such buildings or residences have been within the Corporate Limits and occupied or ready for occupancy for a period of not less than six (6) months, and provided not more than three hundred and twenty-five (325' ) feet of water and/or sewer line is required per customer to be served by the exten- sion, and further provided that this policy shall in no way be construed to affect or change any other water and sewer extension policies now in effect, and THAT, paymentfbr sugh extensions be made from water and sewer bond funds. On motion of Commissioner Hufstedler, seconded by Commissioner Davis, the foregoing Resolution wqs unanimously passed by the City Commission this 12 day of April, 1951. CLVMCB K. WHITESIDE :Mayor ATTEST: LAVENIA LOWE Citty Secretary APPROVED AS TO CONTENT: W,. B. HOLIES, City. Engineer APPROVED AN TO LEGALITY: VAUGHN E. WIL50N, City Attorney Motion by Commissioner Davis, seconded by Commissioner Hufstedler, motion carried, Mayor pro-tem Harry Morris and Commissioners Davis, Hufstedler and Thomas voting YEA, none voting NAY, the following Resolution was passed: R E S O L U T I O N RESOLUTION DIRECTING ENGINEER TO PREPARE AND FILE ESTIMATES, ROLLS, ETC., IN CONNECTION-WITH,PROPOSED IMPROVEMENTS_ON_PORT IONS OF 34TH.STREET IN.THE CITY OF LUBBOCK, TEXAS. . . , , WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered and provided for the improvement of portions of 34th Street in the City of Lubbock as designated below: From Avenue H to Avenue X. From Boston Avenue to Indiana Avenue. And agreement and arrangement therefor has been made and entered into by the City of Lubbock with J. R. Fanning, Contracotr, and it is proposed to make and levy assessments against abutting property and the owners thereof and others for a portion of the cost of such improvements. THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION Oz THE CITY OF LUBBOCK; TEXAS, THAT: - I. The Engineer of the City be, and he is hereby directed td prepare and file with the City estimates showing cost of improvements in each unit, showing the description of the property abutting upon each unit with the names of the owners of such property, and the amounts to be assessed against each parcel of property and showing other matters and things, it being especially provided, however, that any mistake in such estimates or in amounts and in the descrip- tions of property or names of owners shall in no wise affect, invalidate, or impair any assessment which may be levied. II- II. Such estimates, rolls and statements shall show all information required to be shown thereon by the proceedings of the City relating to such improvements and the law and Charter with amendments in force in the City. This resolution shall take affect and be in force from and after its passage, PASSED AND APPROVED, THIS the 12th day of April, 1951. CLARENCE K. WHITESIDE Mayor ATTEST: LAVENIA LOWE City Secretary APPROVED AS TO CONTENT: W. B. H0114ES, City Engineer APPROVED AS TO LEGALITY: VAUGHN E. WILSON, City Attorney Motion by Commissioner Hufstedler, seconded by Commissioner Davis, motion carried, Mayor Pro-tem Harry Morris and Commissioners Hufstedler, Davis -and Thomas voting YEA, None -voting NAY, the following Resolution was passed: 31 R E S O L U T I O N RESOLUTION DIRECTING ENGINEER TO PREPARE AND FILE ESTIMATES, ROLLS, ETC., IN CONNECTIQN WITH PRO$QSED IMPROVFZIENTS AI D. WIDENING ON PORTIONS OF STREETS AND AVENUES IN - THE ,CITY OF_ LVj3BOCK_, TEXAS. WHEREAS, the Governing Body of the City of Lubbock has heretofore ord- ered a:-.d ,provided for the improvement and widening of portions of sundry streets and avenues in the City as designated below: Avenue M from 7th Street to 19th Street Avenue J from 5th Street to 9th Street Avenue K from 4th Street to 9th Street 15th Street from Avenue K to Avenue Q Texas Avenue from 19th Street to Avenue H at 30th Street and agreement and arrangement therefor has been made and entered into by the City of Lubbock with J. R. Fanning, Contractor, and it is proposed to make and levy assessments against abutting property and the owners thereof and others for a portion of the cost of such improvementt. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK,-TEXAS: THAT, _ - I. The Engineer of the City be, and he is hereby directed to prepare and file with the City estimates showing cost of improvements in each Unit, showing the description of the property abutting upon each unit with the names of the owners of such property and the amounts proposed to be assessed against each parcel of property and showing other matters and things, it being specially provided, however, that any mistake in such estimates or in amounts and in the descriptions of property or names of owners, shall in no wise affect, in- validate or impair any assessment which may be levied. II. Such estimates, rolls, and statements shall show all information required to be shown thereon by the proceedings of the City relating to such improvements and the law and charter with amendments in force in the City. III. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS, the 12th day of April, 1951. CLARENCE K. WHITESIDE Mayor ATTEST: LAVENIA LOWE City Secretary APPROVED AS TO CONTENT: W. B. Holnes, City Engineer APPROVED AS TO LEGALITY: Vaughn E. Wilson, City Attorney 0 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, the following Resolution was passed: R E S O L U T I O N RESOLUTION APPROVING AND ADOPTING E THE COST OF IMPROVING AND WIDENING AND of amounts TO. BE ASSESSED FOR IMPRQVING Aq4 3ffi,17 DING, LAYING. CURB and gutter AND PAVING.PORTIQNS CF CERTAIN/ PrTj FLUBBOCK,-TEXAS,_SAID IMPROVEMENTS BEING.DESIGNATED AS G.W,O. N0. 591, FIXING.THE-.TIME AND PLACE FOR A, HEARING TO THE O`,VNNER$ OF ABUTTING PRO�ERTY,•AND OTHER PERSONS INTERESTED IN SAID PROPERTY.AND DIRECTING THE CITY SECRETARY TO PUBLISH_NOTICE ON-BEHALF.OF THE GOVERNING BODY.OF THE CITY OF.LUBBQCK, TEXAS: - -- WHEREAS, the Governingod*roved of the Cit of k, as heretofore ordered that portions of streets and/ by/lhaia, � ing concrete curb and gutter and paving with caliche base and quadruple asphalt surface together with incidentals and appurtenances, and arrangements therefore have been made and entered into bra the City of Lubbock, Texas, with J. R. Fanning, Contractor, and, WHEREAS, the governing Body of the City of Lubbock has caused the City Engineer -to prepare and filce estimates of the amount per front foot,to oe assessed against abutting property and the owners thereof, and such estimates have been prepared and examined; TEXAS THEREFORE, BE IT RESOLVED BY THE CITY CO14MIS3ION OF THE CITY OF LUBBOCK; I That such estimates be, and they are hereby adopted and approved. II. NOTICE TO THE OWNERS OF PROPERTY ABUTTING -UPON THE HEREINBELOW MENTIONED PORTIONS OF STREETS -AND AVENUES, AND TO ALL.07HERS AFFECTED; The Governing Body of the City of Lubbock has heretofore ordered that the following portions of streets and avenues.in the City of Lubbock, Texas, be improved and widened by raising, grading, and filling and -by paving and installing i concrete curb and gutters and storm sewers and drains where necessary on streets and avenues designated below: It is hereby found a nd determined that the cost of improvements on such portions of streets and avenues with the amount or amounts per front foot to be assessed for such improvements against the abutting property and owners thereof, on the portions of said streets and avenues are as follows, to wit: Avenue M from its intersection with the South Gutter Line of 7th Street to its intersection with the North Gutter Line of Main Street, known and designated as Unit Number 9032 the estimated cost of improvements is $21,5.55; the ted amount per front foot to be assessed against the abutting property and owners thereof for improvements is $5.23, for front abutting property. Avenue M from its intersection with the South Gutter Line of Main Street to its intersection with the North Gutter Line of Broadway, known and designated as Unit Number 903-A2 the estimated cost of improvements is $52175.32; the estimated amount per front foot to be assessed against the abutting,property and owners thereof for improvements is $5.18, for front abutting property. Avenue J from its intersection with the North Property Line of 9th Street, to its intersection with the South Gutter Line of-6th Street, known and deshgenaated- as Unit Number 1185, the estimated cost --of improvements is $15,4�35;and mated amount per front foot to be assessed against the abutting property owners thereof for improvements is $4.95, for front abutting property. Avenue J from its intersection with the North Gutter Line of 6th Street, to its intersection with the South Gutter Line of 5th Street, known and designated as the estimated cost of improvements is $42703.07; the i- Unit Number 11$5-A, ert owners mated -amount per front foot to be assessed against the abutting prop Y/ thereof for improvements is $4.52 for front abutting property. to ts Avenue M from its intersection tech Line ofthe uth l9thutter street,neof known6th andSdesignatedlas intersection with the North Gut L the esti- Unit Number 11$61 the estimated cost of improvements is16,$13.55; mated amount per front foot to be assessed against the abutting property and owners thereof for improvements is $5.091 for front abutting property. 16th Street Avenue M from its intersecteu�hwith Gutterthe LineNorth ofGutter Street,fknown and designated to its intersection with the S as Unit Number 1186-A, the estimated cost ofimprovements is $16,607.24; he estimated amount per front foot to be assessed aagainst the abuttingtting pproperty and owners thereof for improvements is $5.32, f Avenue M from its intersection with the North Gutter Line of 13th Street to its intersection with the South Gutter Line of Broadway, known and designated as Unit Number 1186-b, the estimated cost of improvements is $4,770.86; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements is $4.72, for front abutting property. 15th Street from its intersection with the West Property Line of Avenue P to 40' West f the West Property Line of Avenue M, known and designated as Unit Number 1189, the stimated cost of improvements is $9,057.31; the estimated amount per front foot to e assessed against the abutting property and owners thereof for improvements is 3.87, for front abutting property 15th Street from 20t East of the East Property Line of Avenue M, to its intersection with the Centerline -of Avenue L, known and designated as Unit Number 1189-B2 the estimated cost of improvements.is $2,925.60; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements is $3.18, for front abutting property. 15th Street from its intersection with the East Gutter Line of Avenue L, to its intersection with the West Gutter Line of Avenue K, known and designated as Unit Number 1189-C, the estimated cost of improvements -is $3,096.12; the Estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements is $3.10, for front abutting property. Avenue K from its intersection with the North Gutter Line of 7th Street, to its intersection with the North Gutter Line of 4th Street, known and designated as Unit Number 1190, the estimated cost of improvements is $10,963.09; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements is $3.29, for front abutting property. Avenue K from its intersection with the North Gutter Line of 8th Street, to its inte section with the South utter Line of 7th Street, known and designated as Unit Number 1190-A2 the estimated cost of improvements is $3,318.32; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements is $3.19, for front abutting property. Avenue K from its intersection with the North Gutter Line of 9th Street to its intersection with the South Gutter Line of 8th Street, known and designated as Unit Number 1190-B, the estimated cost of improvements is $3,331.92; the esti- mated amount per front foot to be assessed against the abutting property and owners thereof for improvements is $3.20, for front abutting property. And arrangements for the making and construction of such improvements with pavement of quadruple course asphalt surface treatment (inverted penetration type) and a six {b) inch caliche base has been made and entered into by the City of Dibbock, Texas, and rolls or statements showing the proposed amounts to be assessed against abutting property and the owners thereof have been filed with the City, such rolls or statements showing other matters and things, and have been approved, and the City Commission of said City has fixed a time and place for hearing to the owners of property abutting upon said portions of streets and avenues and to all others affected, at which hearing the amountw to be assessed against the respective parcels of abutting land and the owners thereof for the improvements in the Unit upon which the particular parcels of property abut, the amounts of benefits to the respective parcels of property by means of the improve- ments in the Unit upon which the particular property abuts, the rekularity of the proceedings with reference to such improvements, the apportionment of the cost of such improvementw, and other things and matters will be determined and after such hearings, assessments will by ordinance be made and levied, and such hearing will be had and held by and before the City Commission of the City of Lubbock, Texas, in regular commission meeting room in the City Hall in the City of Lubbock, Texas, on the 3rd day of May, 1951 at 2:00 P.M. o'clock. The rolls or statements showing the proposed amounts of such assessments are on file in the office of the City Secretary and copies thereof are in the office of the City Engineer of the City of Lubbock and open to inspection of any interested parties -at any time, and of all said matters and things all such owners of property as well as any and others in anywise affected or interested, will take due dotice. By order of the City Commission of the City of Lubbock this 12th day of April, 1951. No notice other than hereinabove provided for s1al.l be necessary but publication of'such notice shall be due and sufficient notice to any and all persons, firms, corporations and other parties. III. That a hearing be given and held by and before the Governing Body of the City of Lubbock, Texas, to all persons owning or claiming any property abutting any part or portion of said streets Described in Section ii of this resolution, as well as all owning or claiming any interest in any such property. Such hearin'.; shall be given and held on the 3rd day of May, 1951 at 2:00 P.M. o'clock on the first floor in the City Hall of Lubbock, Texas, and the City Secretary is hereby directed to give notice of the time and place of such hearing, and of other matters and facts in accordance with the terms and provisions of an Act passed at the first called session of the 40th Legislature of the State of Texas and known as Chapter 106 of the Acts of said -.Legislature which has been adopted as an amendment to and made a part of the Charter of the City of Lubbock, Texas. Such notice shall be by advertisement inserted at least three 13 ) times, in a newspaper published in Lubbock, Texas; the first publication shall be made at least ten (10) days before the said hearing. Said notice shall comply with and be in accordapce with the terms and provisions of this resolution and said act. AND IT IS SO ORDERED PASSED ALD APPROVED this the 12th day of April, 1951. CLARENCE K. WHITESIDE Mayor ATTEST: LAVE NIA LODE City Secretary APPROVED AS TO CONTENT: W. B. HOLMES, City Engineer APPROVED AS TO LEGALITY: VAUGHN E. WILSON, City Attorney Motion by Commissioner Hufstedler, seconded by Commissioner Davis, motion bgrried Commissioners Hufstedler, Davis and Thomas voting YEA, Mayor.pro-tem Harry Morris voting YEA, and None voting NAY, the following Resolution was passed: R E S O L U T I O N RESOLUTION APPROVING AND ADOPTING ESTIMATE OF THE COST OF IMPROVEMENTS, OF A:'OUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE.OF GRADING, LAYING CURB AND GUTTER ANf.PAVING PORTIONS. OF ATH STREET IN THE.CITY OF LUBBOCK, TEXAS, SAID IMPROVE ,TENTS BEING. DESIGNAT2D .AS G.W,.O. N0. - 5$$, FIXING. THE . TIME AND PLACE FOR k I -FLARING TO THE OWNERS OF ABUTTING PROPERTY, PERTY, AND OTHERS. -PERSONS INTERESTED IN SAID P ROPERTY,AND..DIRECTING.THE.CITY SECRETARY TO PUBLISH NOTICE ON BEHALF OF.THE GOVERNING.BODY OF THE CITY O.F.LUBBOCK, TEXAS WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered that portions of 34th Street be improved by grading, installing concrete curb and gutter and paving with caliche base and quadruple asphalt surface together with incidentals and appurtenance, and arrangements therefore have been made and entered into by the City of Lubbock, Texas, with J. R. Fanning, Contractor, and, WHEREAS, the Governing Body of the City of Lubbock has caused the City Engineer to -prepare and file estimates of the -cost of -such improvements and estimates of the amounts per front foot to be assessed against abutting property and the owners thereof, and such estimates have been prepared and examined; THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXA'9, T11 .L That such estimates be, and they are hereby adopted and appraised. II NOTICE TO THE OUj_NERS OF PROPERTY ABUTTING UPON THE HEREINBELOW 14ENTIONED PORTIONS 34TH STREET,, AND TO .':LL OTHERS AFFECTED:. The Governing Body of the City of Lubbock has heretofore ordered that the following portions of 34th Street in said City of Lubbock, Texas be improved by raising, grading, filling, and paving same, and by.installing concrete curbs and gutters and storm sewers and drains where necessary on the portions of 34th Street mentioned below: It is hereby found and determined b}at the cost of improvements of such portions of 34th Street with the amount or amounts per front foot proposed to be assessed for such improvements against the abutting property and the owners thereof on the said portions of 34th Street are as follows, to -wit: 34th Street from its intersection with the West Property Line of Indiana Aven-e to its intersection with the West Property Line of Hartford Avenue known and designated as Unit Dumber 1217, the estimated cost of improvements is 18,576.02; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb is $.55; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb is $3.36, for front abutting property in A & B Zones and $5.77, for front abutting property in all other zones. 34th Street from its intersection with the West Property Line at Hartford Avenue to its intersection with the West Property Line of Gary Avenue (North), known nd designated as Unit Number.1216, the estimated cost of imp royements is ,054.53; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb is $.55 the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb is $3.36, for front abutting property in A & B zones and $5.77 for front abutting property in all other zones. 34th Street from its intersection with the West Property Line of Gary Avenue (North), to its intersection with the West property Line of Flint Avenue, known and designated as Unit Number 1215, the estimated cost of improvements is $7,934.91; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb is $.55; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclus- ive of curb is $3.36, for front abutting property in A & B zones and $5.77, for front abutting property in all other zones. 34th Street from its intersection with the West Property Line of Flint Avenue, to its intersection with the West Property Line of Elgin Avenue, known and designated as Unit Number 1214, the estimated cost of improvements is $7,963.86; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb is $.55; the estimated amount per front foot to be assessed against amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb is $3.36, for front abutting property in A & B zones and $5.77, for front abutting•property in all other zones. 34th Street from its intersection with the West Property Line of Elgin Avenue, to its intersection with the West Property Line of Canton -Avenue Isouth), k�own and designated as Unit Number 1213,, the estimated cost of improvements is ,143.86; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb is $.55; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclus- ive of curb is $3.36, for front abutting property, in A & B zones and 45.77, for front abutting property in all other zones. 34th Street from its intersection with the East Property Line of Avenue W (North), to its intersection with the East Property Line of Avenue X (North), gnown.and designated as Unit Number 1211, the estimated cost of improvements is $7,912.13; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb is $.55; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb is $3.36, for front abutting property in A & B Zones, and $5.77, for front abutting property in all other zones. 34th Street from its intersection with the East Property Line of Avenue W (North) to its intersection with the East Property Line of Avenue_V (North), known and designated as Unit Number 1210, the estimated cost of improvements is $7,779.70; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb is $.55; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclus- ive of curb is $3.36, for front abutting property in A & B Zones and $5.77, for front abutting property in all other zones. 34th Street from its intersection with the East Property Line of Avenue V (North) to its intersection with the East Property Line of Avenue_U (North), known and designated as Unit Number 1209) the estimated cost of improvements is $7,754.28; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb is $.55; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb is $3.36, for front abutting property in A & B Zones and $5.77, for front abutting property in all other zones. , 34th Street from its intersection with the East Property Line of Avenue U (North), to its intersection with the East property line of Avenue_S known and designated as Unit Number 1208, the estimated cost of improvements is 112,398.19; the esti- -ated amount per front foot to be assessed against the abutting property and owners thereof for curb is .55; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb is �3.36, for front abutting property in A & B Zones and $5.77, for front abutting property in all thtr zones. 34th Street from its intersection with the East Property Line of Avenue S, to its intersection with the Center Line of Avenue, known and designated as Unit Nunber 1207, the estimated cost of improvements is ,517.68; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb is $,55, the estimated amount per front foot to be assessed against the abutting,p roperty and owners thereof for improvements exclusive of curb is $3.363 for front abutting property in A & B zones and $5.77, for front abutting property in all other zones. f� 34th Street from its intersection with the center line of Avenue Q, to its intersection with the West Property Line of Avenue P, known and designated as Unit Number 1206, the estimated cost -of improvements is ,960.49; the estimated amount ber front foot to be assessed against the abutting property and owners thereof for curb is $.55, the estimated amount per front foot to be assessed against the abuttin-,property and owners thereof for improvements exclusive of curb is $3.36, for front abutting property in A & B zones and $5.77, for front abutting property in all other zones. 34th Street from its intersection with the West Property Line of Avenue P, to its intersection with the West Property Line of Avenue N (North known and designated as Unit Number 1205, the estimated cost of improvements is k,106-72; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb is $.55; the estimated amount per front foot to be assessed against the abutting.property and owners thereof for improvements exclusive of curb is $3.36, for front abutting property in A & B Zones and $5.77, for front abutting property in all other zones. 34th Street from its intersection with the West Property Line of Avenue N (North) to its intersection with the West Property Line of Avenue,L known and designate, as Unit Number 1204, the estimated__cost of improvements is 45,832.15; the esti- mated amount per front foot to be assessed against the abutting property and owners thereof for curb is $.55; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb is $3.36, for front abutting property in A & B Zones and $5.77, for front abuttin:_; . property in all other zones. 34th Street from its intersection with the West Property Line of Avenue L to its intersection with the West Property Line of Avenue K (South 051-93; nown and designated as unit Number 121$) the estimated cost of improvements is the estimated amount per fron foot to be assessed against the abutting property and owners thereof for curb is $.55; the estimated amount per frpnt.foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb is $3.36, for front abutting property in A & B zones and $5.77, for front abutting property in all other zones. 34th Street from its intersection with the West Property Line of Avenue K (South), to its intersection with the East Property line of Avenue..J known and designated as Unit Number 1183, the estimated cost of improvements is_ 5,032•83; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb is $.55; the estimated amount per front foot to be assessed against the abutting property and owners thereof for improvements exclusive of curb is $3.36, for front abutting property in A & B zones aid $5.77, for front abutting property in all other zones. 34th Street from its intersection with the East Property Line pf A venue U, to its intersection with the West Paving Line of Avenue H. known and designated as Unit Number 1182, the estimated cost of -improvements is $8,792.07; the estimated amount per front foot to be assessed against the abutting property and owners thereof for curb is $.55; the estimated amount per front foot to be assessed a ainst the abutting property and owners thereof for improvements exclusive of curb is 13.36, for front abutting property in A & B Zones and $5.77, for front abutting property in all other zones. And arrangement for the making and construction of such improvements with pavement of quadruple course asphalt surface treatment (inverted penetration type) and a six Z6) inch compacted caliche base has been made and entered in by the City -of Lubbock, Texas, and rolls or statements showing the proposed amounts to be assessed against the abutting property and the owners thereof Pave been filed with the City, such rolls or statements showing other matters and things, and have been approved and the City Commission of said City has fixed a time and place for a hearing to the owners of property abutting upon said portions of 34th Street, and to all others affected, at which hearing the amounts to be assessed against the respective parcels of abutting land and the owners thereof for i mprovemenzs in unit upon which the particular parcels of property abut, the amounts of benefits to the respective parcels of property by means of improvements in the unit upon which the particular property abuts, the regularity of the proceedings with reference to such improvements, the apportionment of the cost of such improvements, and other matters and things will be determined, and after such hearings assessments will by ordinance be made and levied, and such hearing will be held by and before the City Commission of the City of Lubbock, Texas, in regular Commission meeting room in the City Hall in the City of Lubbock, Texas on the 3rd day of May, 1951, at 2 PM otclock. The rolls or statements showing the proposed amounts of such assessments are on file in the office of the City Secretary and copies thereof are in the office of the City Engineer of the City o" Lubbock and open to inspection of any interested parties at any time and of all said matters and thing all such owners of property, as well as any and others in anywise affected or interested, will take due notice. By order of the City Commission of the City of Lubbock, This 12th day of April, 1951. No notice other than hereinal5ove provided for shall be necessary, but publication of such notice shall be due and sufficient notice to any and all persons, firms, corporations and other parties. That a hearing shall be held by and before the governing body of the City of Lubbock, Texas, to all persons owning or claiming any property abutting any part or portion of 34th Street described in Section II of this resolution, as well as all owning or claiming any interest in any such property. Such hearing shall be given and held the 3rd day of May, 1951 at 2:00 P.M. o'clock on the first floor in the City Hall of the City of Lubbock, Texas, and -the City Secretary is hereby directed to give notice of the time and place of such hearin�x and of other matters and facts in accordance with the terms and provisions of an act passed at the first session of the 40th Legislature of the State of Texas and known as Chapter lob of the Acts of said Legislature which has been adopted as an amendment to and made a part of the Charter of the City of Lubbock, Texas. Such notice shall be made by advertisement inserted at least three (3) times in a newspaper published in the City of Lubbock, Texas, the first publication shall be made at least ten (10) days before the said hearing. Said notice shall comply with and be in accordance -with the terms and provisions of this resolution and said Act. AND IT IS SO ORDERED. PASSED AND APPROVED this the 12th day of April, 1951. CIARENCE K. WHITESIDE Mayor. - ATTEST: LAVENIA LOWE Git,y Secre 4rY APPROVED AS TO CONTENT: W. B. HOLDES, City Engineer APPROVED AS TO LEGALITY: VAUGHN EL WILSON, City Attorney Motion by Commissioner Davis, seconded by Commissioner HuLstedler, motion carried, Mayor Pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA, none voting NAY, the following Resolution was passed: R E S O L U T I O N A RESOLUTION PROVIDING FOR IMPROVEMENTf OF PORTIONS OF STREETS AND AVENUES IN THE CITY 4F LUBBOCK, TEXAS,.AND DIRECTING PREPARATION.. -,OF PLANS,AND �. SPECIFICATIONS. _ 1 BE IT RESOLVED BY THE CITY COMMISSION OF LUBBOCK, TEXAS THAT: 1 Public necessity exists that the following portions of streets and Avenues in.the City of Lubbock be improved as herein provided, to -wit: Cornell Street from WPL Boston Avenue to WPL Detroit Avenue Cornell Street from WPL Detroit Avenue to ppL.Elgin Avenue Auburn Street from WPL-College Avenue to WPL-Boston Avenue (North) 1st Place from WPL College Avenue to EPL Apron Avenue Baylor Street from WPL College Avenue to WPL Boston Avenu? 1st Street from IQPL College Avenue to WPL Akron Avenue Colgate Street from WPL College Avenue to WPL Boston Avenue Cornell Street from WPL College Avenue to WPL Boston Avdnue Boston Avenue from NPL-Cornell Street to SPL-Dartmouth Street Bates Street from WPL-College Avenue to WPL-Boston Avenue Amherst Street from WpL College Avenue to WPL Akron Avenue 2nd Street from WPL College Avenue to EPL Akron Avenue 33rd Street from EpL McAfee Freights to EPL Memphis Avenue Detroit Avenue from-SPL 48th.Street to NFL 50th Street 25th Street from WPL Memphis Avenue to WPL Vickers Re -Sub 2nd Place from WPL.Boston Avenue to WPL Canton Avenue Said portions of streets and avenues shall be improved by raising, grading, and filling same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted caliche base and by surfacing with quadruple asphaltic surface treatment (penetration type). III. The City Engineer is hereby directed to prepare plans and specifications for such improvements. IV. Such improvements in each unit shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said streets, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches, and two feet on each side thereof. (b) The abutting property and owners thereof shall pay and shall be assessed for,-a�,l the cost of constructing curbs in front of such respective property and a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, provided that such part of the cost assessed to the abutting property or pwners thereof shall not exceed 90% of the cost of the improvements plus the cost of the curb, and further provided that if it shall appear on the hearing to be had before final assessment is made that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified ab-ove, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. (c) The remaining cost of said improvements, after deducting the sums finally assessed against railways and street railways under sub- paragraph (a) here- of, and against abutting property and the owners thereof under sub -paragraph .b) above, shall be paid by the City of Lubbock. v The amounts assessed against and to be paid by railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paid on estimates or statements on or before ten days after acceptance of the improvements in the unit in which the railway lies, by the City Commission and shall bear interest from date due and until paid at the rate of 6% annum. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in three equal installments: the first of which shall become due on or before 10 days after completion and acceptance of the improve- ments in the unit on which the property ab,,As by the City Commission; the second and third one and two years respectively after completion and acceptance of the improvements in the unit upon which the property abuts, by the City Commission, and shall bear interest from the date of completion and acceptance until paid, at the rate of six percent per annum, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures: then at the option of the holder of such assessment or certificate issued in evidence thereof, such default shall mature tl�e entire assessment upon which same is made. a! Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred, all under and in accordance with the Charter, and amendments thereto, now in force in this City. VII This Resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TH DAY OF APRIL, 1951. ATTEST: LAVENIA LOWE City Secretary A�ROVED AS TO LEGALITY: APPROVED AS TO CONTENT: CLARENCE K. WHITESIDE Mayor VAUGHN E. WILSON, City Attorney W. B. HOLMES, City Engineer Motion by Commissioner Hufstedler, seconded by Commissioner Davis, motion carried, Mayor Pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA, none voting NAY., the following Resolution was passed: R E S O L U T I O N RESOLUTION ADOPTING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS: WHEREAS, the City Commission on March 8, 1951, and on April 12, 1951, passed resolutions p roviding for the improvement of a portion of streets and avenues in the City of Lubbock, Texas to be done under General Work Order No. 584, and directing t&e preparation of plans and specifications convering the streets and avenues as named in said resolutions; and, WHEREAS, the City Engineer has prepared and filed with the City plans and specifications for such improvements, and same have been examined; NOil THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS- THAT, the plans and specifications submitted by the City Engineer covering improvements contemplated by said resolutions, BE, and the same are here�fy approved, and the Mayor and City Secretary are hereby authorized and directed to advertise for -bids in accordance with the "Notice to Bidderstt made a part of said specifications covering the quantites of materials needed for said paving program as therein set out. AND IT IS SO ORDERED. PASSED AND APPROVED THIS, the 12th day of April, 1951. CLARENCE K. WHITESIDE Mayor . ATTEST: LAVENIA LOWE City Secretary APPROVED AS TO CONTENT: W. B. HOLIES, City Engineer APPROVED AS TO LEGALITY: VAUGHN E. WILSON, City Attorney 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, the following Resolution was passed: R E S O L U T I O N A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISaIENT FOR BIDS. WHEREAS, the City Commission on March 22, 1951, passed a resolution pro- viding for -the improvement of a portion of streets and avenues in the City of Lubbock, Texas, to be done under General Work Order No. 614, and directing preparation of plans and specifications covering the streets and avenues as named in said resolution; and, WHEREAS, the City Engineer hqs prepared and filed with the City plans and specifications for such improvements, and same have been examined; NOW THEREFORE, BE IT RESOLVED BY THE CITY COPj1MISSION ,OF THE CITY OF LUBBOCK, TEXAS; THAT, -the plans and specifications submitted by the City Engineer covering improvements contemplated by said resolution, BE, and the same are hereby approved and the Mayor and City Secretary are hereby authorized and directed to advertise for bids in accordance with the "Notice to Biddersi° made a part of said specifications covering the quantities of materials needed for said paving program as therein set out. AND IT IS SO ORDERED. PASSED AND APPROVED THIS the 12th day of April, 1951. CLARENCE K. WHITESIDE Mayor ATTEST: LAVENIA LOWE City Secretary APPROVED AS TO CONTENT: APPROVED AS TO LEGALITY: W. B. HOLMES, City Engineer VAUGHN E. WILSON, City Attorney Motion by Commissioner Hufstedler, seconded by Commissioner Davis, motion carried, Mayor Pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA, none -voting NAY, the following Resolution was passed: R E S O L U T I O N WHEREAS, the City Commission has heretofore determined that the City would contribute its customary share of the cost of paving according to plans and specifications approved by the City Engineer and, in connection with the development of Vandelia Village, an Addition to comprise approximately 500 houses when completed, paving of the streets hereinafter described is immediately required to furnish access during the construction period, and to residences al- ready completed, and J. C. Davis, of the City of Lubbock, owner of the project, is under contract to pave the said streets, and has proposed that said paving be done immediately, and to pay cash therefor, and cause the streets herein des- cribed to be paved by competent contractors, provided the City makes its custo- mary contribution towards such paving, exclusive of the cost of curb, under the supervision and direction of the City Engineer, and according to plans and specifications approved by him, and WHEREAS, the Commission has been advised that the total cost of the paving project for the streets herein described is $12,122.68, and the City's share in connection therewith, would be $1,$06.44; such cost 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 abutting prop- erty owners, the City and all other persons affected thereby, and that the sum $1,806.44 has been duly budgeted and is available for such purposes, BE IT RESOLVED BY THE CITY COP]MISSION OF THE CITY OF LUBBOCK: SECTIO14 1. TH:T, the City Engineer be, and he is hereby, authorized to approve plans and specifications for paving on the streets herein described, provided that such plans and specifications meet the usual requirements for pav- ing on streets within the corporate limits of the City of Lubbock; said streets being as follows, to -wit: (1) The thoroughfare in Vandelia Villae known as Avenue T and 59th Street from the.North Property Line of 64th Street to the North Property Line of Wolfforth Road. W Sherman Avenue from the North Property Line of 64th Street to the North Prope.r�y Line of Wolfforth Road. (3) 64th Street from the West Property Line of Sherman Avenue to the East Property Line of the said thoroughfare known as Avenue T and 59th Street. The City Engineer is further authorized anddirected to duly inspect said paving construction on said streets and require strict compliance with the approved plans and specifications, and upon completion of the said paving, and upon final approval by the City Engineer, and upon proof of payment therefor to the contractor doing the paving work, the City Engineer is authorized to pay to J. C. Davis the sum 1,806.44 less inspection costs of $133.80 in full and final payment of the City's part of the cost for such paving. This authority is conditioned upon the said J. C. Davis and his contrac- tor providing the City Engineer with a good and sufficient bond in a sum not less than $12,122.68, conditioned that they will pay for all material and labor and other costs incidental to such construction, indemnify the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the con- tractor 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 J. C. Davis acid his contractor will cause such paving to be done according to the plans and specifications approved by the City Engineer, and that upon completion thereof and final approval of the City Engineer, all improvements contemplated hereby shall be a permanent part of said streets, and the property of the CiVy of Lubbock, without any liability whatsoever, except for the payment of the sum $1,672.64 to the said J.C. Davis. On motion of Commissioner Davis, seconded by Commissioner Hufstedler, motion carried, the foregoing Resolution was unanimously passed by the City Commission this 12th day of April, 1951. CLARENCE K. WHITZSIDE Mayor ATTEST: LAVENIA LOWE City Secretary I, J. C. Davis, and Contractor, Kerr & Middleton, do hereby accept and agree to fully abide by the foregoing provisions.for the considerations therein stated. J. C. DAVIS, KERR & .MIDDLETON INSURANCE B014D PAYMENT Approved as to Legality: VAUGHN E. WILSON Approved as to Content: W. B. HOL1t1ES, City Engineer Motion by Commissioner Davis, seconded by Commissioner Hufstedler, motion carried, Mayor Pro -tern Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA, None voting NAY_, the following Resolution was passed: R E S O L U T I O N WHEREAS, the City Commission Fias given due consideration to the application of Lubbock Bus Company for a change in rates, as provided by Section 6 of Ordinance No._654 of the City of Lubbock, and has considered the benefits to the public, the net earnings of the franchise holder, and is of the opinion and finds that the changes in fares or charges for passage on busses of said company as hereinafter set out will be in the public interest, and, !fHEREAS, said Section 6 and the franchise provide for changes in rates or charges.after consideration by the Commission and by its resolution, THEREFORE, BE IT RESOLVED BY THE CITY CONAAIISSION OF THE - CITY OF LUBBOCK: Section 1. THAT on and after the effective date of this resolution, the following rates and charges shall apply to all transportation on busses operated by said franchise holder: Ten cents (10¢)'cash fare between termini.,_ except as herein stated Five cents (50) cash fare for children attending schools of twelve grades or lower for transportation to and from schools. Five cents (50) cash fare at all times for children six to twelve years of age, inclusive,. No charge for children five years of age and under when accompanied by a paying passenger. Transfers to be issued free of charge. The foregoing fares and provisions shall be continuously posted in each bus in a conspicuous place. Section 2. The rates provided by Section 1 of this Resolution eliminate the seven cents (0) cash fare on all busses when tokens are not available to pass- engers, and the additional provision that tokens shall be sold five for thirty-five cents (350) and shall be accepted on each bus in lieu of the ten cents (100) cash fare, which authority, with reference to tokens, the issuance and sale of tokens, and acceptance of tokens in payment of fares, is hereby cancelled and revoked. The ffanchise holder is authorized anddirected to redeem all outstanding tokens heretofore sold by it, provided such tokens are presented at its bus com- pany office within sixty da_s after May 1st, 1951. No tokens shall be accepted in payment for fares after July 1, 1951. The franchise holder shall give the owners of tokens notice of the last date upon which tokens willbe accepted in paygient of fares, and the terms and time within which such tokens will be redeemed, by adequate publication of all related provisions of this Resolution. The foregoing change in rates or charges is made subject to the right reserved by the City Commission of the City of Lubbock to hereafter at any time it may deem it expedient or necessary in the public interest to reconsider and modify or reduce said rates by resolution, and, after notice to the franchise holder, should the City Commission find such reduction to be in the public interest. This resolution supersedes the provisions of a resolution passed by the City Commission on the same subject and dated September 28, 1947. Section 3. The foregoing rates shall become effective May 1, 1951. CLARENCE K. WHITESIDE Mayor ATTEST: LAVENIA LUVJE City Secretary N W co N 1 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, the_.following Resolution was -passed: R E S O L U T I O N WHEREAS, the City Commission has heretofore considered the application of the Lubbock - Bus Company for increased rates, as well as the elimination of certain routes and service, and the City Commission finds that the following provisions will be in the public interest, subject; however, to its continuing reserved right to modify, alter or change such provisions, THEREFORE, BE IT RESOLVED BY THE CITY COM14ISSION OF THE CITY OF LUBBOCK: SECTION 1. On all new routes proposed to be served by the bus company for trial periods, said.company may institute such trial service at the option of the bus company by giving written notice to the City Manager, which notice shall include the complete route, together with schedules on which the bus will be operated. Such service shall continue for a period of ninety (90) days and shall not be discontinued unless authorized by the City Manager in writipg.- SECTION 2. The bus company is authorized to eliminate the Modern Manors and Highland Elaee bus service on Sundays. SECTION 3. The bus company is authorized to eliminate service after 11:00 P.M. on all routes, except on Saturday nights. SECTION 4. The bus company is authorized to operate such additional busses on any route and schedule as may be required by public necessity and convenience during rush-hour emergencies. SECTION 5. The bus company is directed to place route signs on the front, the rear, and on both sides of each bus in conspicuous places. Th4 provisions of this Resolution shall become effective at midnight, April 15, 1951, and the bus company shall give adequate notices of all changes herein provided for either by publication of this Resolution or otherwise publishing the substance of its provisions. AND IT IS SO ORDERED. Passed and approved by unanimous vote of the City,Commission this 12 day of April, 1951. CLARENCE K. WHITESIDE Mayor . . ATTEST: LAVENIA LO'.7, City Secretary Motion by Commissioner Hufstedler, seconded by Commissioner Thomas, motion carried, Mayor Pro-tem Harry Morris and Commissioners Hufstedler, DavfLs and Thomas voting YEA, none voting NAY, the -following Resolution was passed: R E S O L U T I O N WHEREAS, a joint committee of members of the Lubbock Independent School District and the City Commission has recommended that the offices of Tax Assessor and Collector of the School District and the City of Lubbock be combined, and it is the City Com- missions' Opinion that such combination will be in the public interest, and, WHEREAS, the Lubbock Independent School District directors have agreed to enter into a contract with -the City for such purpose _ THEREFORE, be it resolved by the City Commission of the City of Lubbock THAT, the Commission favors, in principal, the combination of such offices and directs the City Manager and City Attorney to meet with officials named by the School District Board to draw a contract for submission to the City Commission, and School Board. PASSED AND APPROVED by unanimous vote of the commissioners present this 12th day of April, 1951. ATTEST: LAVENIA LCWE City.Secretary APPROVED AS TO LEGALITY: VAUGHN E. WILSON: City Attorney CLARENCE K. WHITESIDE Mayor Motion by Commissioner Hufstedler, seconded by Commissioner Davis, motion carried, Mayor Pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA, none voting NAY, the following Resolution was passed: R E S 0 L U T-I O N WHEREAS, the City of Lubbock holds a valid paving lien against Lot Twelve (12), Block Sixteen (16), Wheelock Second Addition, an Addition to the City of Lubbock, Lubbock County, Texas, and the owner, W. C. Young, desires to sell the north portion of said lot.free of any and all encumbrances and to pay an equit- able portion, to -wit: $41.4.2, to the City of Lubbock to release the lien against the North Portion of said lot hereinafter described by metes and bounds, the City to retain a lien against the remaining portion of said lot which the City Commission deems to be adequate security for the balance due, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT upon payment of the sum of $4.1.42' to the City of Lubbock, as above stated, the,Mayor is authorized to execute a release of said lien against that portion of Lot Twelve (12), Block Sixteen (16)2 Wheelock Second Addition, an Addition to the City of. -Lubbock, Lubbock County, Texas, described by metes and bounds as follows, to -wit' - BEGINNING at the Northwest corner of Lot 12, Block 16, Wheelock Second Addition, an Addition -to the City of Lubbock, Lubbock County, Texas; THENCE South along the west boundary line of said lot 7,.2 feet to a point; THENCE in a southeasterly direction to a point in the east bounday line of said lot, said point being 11.83 feet South of the Northeast corner of said lot- THENCE North along the East boundary line of said lot ilt$3 feet to the Northeast corner of said lot; THENCE West 50 feet to the place of beginning. On motion of Commissioner Hufstedler, Resolution was unanimously passed by this 12th day of April, 1951. ATTEST: LAVENIA LOWE City Secretary seconded by Commissioner Davis, the foregoing an affirmative vote of the City Commission CLARENCE K. WHITESIDE Mayor 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, the following Resolution was passed: R E S O L U T I O N WHEREAS, the City of Lubbock holds a valid paving lien against lot Eleven (11) B lock Fifteen (15)2 Wheelock Second Additio n, an addition to the City of Lubbock, Lubbock County,. Texas, and the owner, E. 0. Struggs, desires to negotiate a loan on -the North Six (6) feet of said lot free of any and all encumbrances and to pay an equitable portion, to -wit: $21.122 to the City of Lubbock to release the lien against the North Six (6) feet of.said lot hereinafter described by metes and bounds, the City to.retain a lien against the remaining portion of said lot which the City Commission deems to be adequate security for the balance due, THEREFORE, BEFIT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT upon payment of the sum of $21.12 to the City of Lubbock, as above stated, the Mayor is authorized to execute a release of said lien 4gainst that portion of Lot Eleven (11) Block Fifteen (15), Wheelock Second Addition, an ,addition to -the City of Lubbock, Lubbock County, Texas, described by metes and bounds as follows, to -wit: The North 6 feet of Lot 11, Block 15, Wheelock Second addition, an Addition to the City -of Lubbock, Lubbock County Texas On motion of Commissioner Davis, seconded by Commissioner Hufstedler, the foregoing Resolution was unanimously passed by an affirmative vote of the City Commission, this 12th day of April, 1951. CLARENCE K. WHITESIDE Mayor ATTEST: LAVENIA LOWE City Secretary r e- c?� r 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 authorize the.Mayor to execute pipe line license agreement between the City of Lubbock and Fort Worth and Denver City Railway Company covering 14-inch water line across Railway Co. right-of-way on the East side of Avenue A- U.S. Highway 84, at Mile Post L-359.51, License dated March 8, 1951, and authorize payment to Ft. W & D.C. Ry. Co. of $1.00 for this license. This pipe line crossing:- tracks on Avenue TTATT, south of 26th.Street, near Plains Co-op Oil Mill. 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 accept and authorize,the Mayor to execute the following ,agreement between the City of Lubbock and Fort Worth & Denver South Plains Railway Co. for securing right-of-way for proposed _new location .of the Cemetery Curve on the Slaton Highway, this agreement to also be executed r-y the Mate of Texas,thm the 9Yi hw _p ission, Being _n Highway 84,and shown on Railway C mlany's blue print No. 459-A W I T N E S S E T H Railway Company, for and'in consideration of the sum of $10.00, receipt of which is hereby acknowledge, and other good and valuable consideration givenby the City of Lubbock as hereinafter set out, does give, grant and demise unto the State of Texas a right-of-way and easement for the purpose of re -aligning, constructing, maintaining and operating U.S. Highway #84 in the City of Lubbock, upon and over certain premises located and being shown in yellow on Railway Company's blue print No. S.P. 22-3 3, dated December'6, 1950, marked Exhibit "A", which is attached hereto and made a part hereof, said premises being more fully described as follows: A tract of land out of Section 6, Block "B" Tyler Tap Railroad Survey, Lubbokk County, Texas, more particularly described aS.;Qollows:.. TTg ginn at a point 545.0 feet west and 19.44 feet south of the N.E. corner of said n secs n; "Thence West, parallel to and 19.44 feet south of the north line of said section, 46 feet; "Thence south at right angles to the left, 33•85 feet; "Thence southeasterly to the left along a curve to the right having a radius of 1850,.08 feet, a distance of 47.16 feet; "Thence north, 39.18 feet to the point of beginning. TTThis tract of landcontains 0.036 acres more or less - TT Said above described premises are owned and occupied by the Railway Company for maintenance and operation thereon of a right-of-way and railway tracks, and the easement herein granted to the State of Texas is expressly subject to the right of the Railway Company, its successors and assigns, or its lessees, to the continued use of said premises by said Railway Company, its successors and assigns or its lessees, for right-of-way and for the maintenance and operation thereon and thereover of said tracks, and other uses, as the same are now located thereon. The Railway Company reserves the right to construct such additional track or tracks uponor over said above described premises as it in its sole judgment deems, necessary or desirable in the conduct of its business,and to use said premises for the construction, maintenance and operation thereon or thereover of such telegraph lines, wire lines, and pipe lines as it may deem necessary or desirable, and to grant to others the right to construct, maintain and operate telegraph lines, wir6 lines and pipe lines over and across said F emises, provided the same shall not interfere in the use of said premises by the State of Texas for highway purposes. It is understood and hereby agreed by all the parties to this agreement that all expense incurred by the �ailway Company for moving, changing or altering in any way its drainage structures or openings, and for pavin_; the Highway over, upon and along the Railway Company's track or tracks, as the same may be required by the State of Texas, shall be borne in their entirety by the City of Lubbock provided this worl<_ may be done with City forces or by other methods at prices approved by the City of Lubbock. It is further understood and agreed by the parties hereto that in the event any or all of said premises are abandoned for highway -purposes the right-of-way or easement granted hereby shall revert to and re -invest in said Railway Company, its successors and assigns, and said Railway Company, its successors and Assigns shall have the right to enter upon said premises the same as if this agreement had not been made. Witness the signatures of the respective parties hereto, this the day of 1950. ATTEST: FORT WORTH AND DELIVER SOUTH PLAINS RAILWAY CO BY: Secretary is Vice Press ent STATE OF TEXAS, BY State Highway Engineer - - Highway Commissioners ATTEST: CITY OF LUBBOCK, TEXAS LAVENIA LOWE, City Secretary BY: CLARENCE K. WHITESIDE, Its Mayor Motion by Commissioner Hufstedler, seconded by Commissioner Davis, motion carried, Mayor pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA, none voting NAy, to authorize payment of $5,000.00 to Alex McDonald for the right-of-way as set out below by field notes; this property being on the south side of 19th Street and adjacent to the right-of-way line of the Panhandle and Santa Fe Railway Co., and being acquired to open 19th Street to East City Limits. The payment of the $5,000.00 for this property is to be conditioned upon Lubbock County bearing the remainder of the necessary expense in settling Alex McDonald's claim for right of way, which is at present $20,000.00. The land to be purchased by the City of Lubbock for the $5,000.00 consideration, is: A tract of land out of the 1.21 acre tract conveyed by the pecos and Northern Texas Railway Company to Alex McDonald on June 15, 1935, and recorded in Volume 192, Page 01, of the deed.records of Lubbock County and being described as follows: Beginning at the point of intersection of the North line of said Section 5 and a line parallel to and 137.5 feet Northeasterly from measured at -right angles to the center line of the main track of the railroad; Thence southeasterly parallel to said main track center line a distance of 78.3 feet; Thence East along a line 65 feet from and parallel to the North line of Section 5 a distance of 130 feet to the East property line; Thence Northwesterly parallel to said main track center line 78.3 feet to the North line of Section 5; Thence West along the North line of'Section 5 a distance of 130 feet to the point of beginning, Containing 0.194 acres. Motion by commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA, none voting NAY, the following Resolution -was passed: R E S O L U T I O N �IHEREAS, an appraisal committee has appraised the property for the widening of East ,lath Street between Avenue A and East Broadway. NOW THEREFORE, BE IT RESOLVED BY THE CITY CO]MISSION OF THE CITY OF LUBBOCK THAT, D. W. Sadler or the true owner and all persons in interest in the following described property, to -wit: "A part of and out of that certain 100 feet by 142 feet parcel of land ..described in deed dated March 20, 1942, conveyed from L. R. Taylor et al to D. W. Sadler, being recorded in �olume 266, Page 134 of the Deed Records of Lubbock County, Texas, the tract herein conveyed being described as follows: BEGINNING at the Northwest corner of the said 100 feet b;,, 142 feet parcel of land - THENCE South 690 43, East a distance of 100.0 feet with the North Boundary Line of the paid 100 feet by 142 feet parcel of land to its Northeast corner; line THENCE South a distance of 46.2 feet with the East Bauudary of said 100 feet by ;42 feet parcel of land; THENCE North 68 131 West a distance of 19.4 feet; THENCE South 660 47t West a distance of 90.1 feet to a point in the. Wes' Boundary Line .of the said 100 feet by 142 feet parcel of land; THENCE North a distance of 74.4 feet to the place of beginning; Containing 0.124 acres of land more or less." be offered by the Right -of -Way Agent the total sum of $550.00 for said property including the moving of the house now thereon said property to be acquired, with possession delivered to the City free and clear of any and all liens, encumbrances, or claims of any nature On motion of Commissioner Thomas, seconded by Commissioner Davis, the foregoing Resolution was unanimously passed by the City Commission this 12th day of April, 1951• CLARENCE K WHITESIDE ATTEST: LAVENTA LOWE, City APPROVED; _ VAUGHN Secretary E. WILSON, City Attorney Mayor n Motion by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor Pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA, none voting NAY, the following Resolution was passed: R E S O L U T I O N WHEREAS, the City Commission has heretofore authorized the Right -of -Way Agent to make an offer to D. W. Sadler of $550.00 for the following described property in the City of Lubbock, Lubbock County, Texas, further described by metes and bounds as follows, to -wit: "A part of and out of that certain 100 feet by 142 feet parcel of land ..described in deed dated March 20, 1942, conveying from L. R. Taylor et al to D. W. Sadler, being recorded in Volume 266, Page 134.of the Deed Records. of Lubbock County, Texas, the tract herein conveyed being described as follows: BEGINNING at the Northwest corner of the said 100 feet by 142 feet pgrcel.of land; THENCE South 890 43' East a distance of 100.0 feet with the North boundary.line of the said 100 feet by 142 feet parcel of land to its Northeast corner; THENCE South a distance of 46.2 feet with the East Boundary line of the said 100 feet by 142 feet parcel of lbnd• THENCE North 680 131 West a distance of 19.4 feet; THENCE South 66 4I f . West a distance of ..90.1 feet to a point in the West boundary line of the said 100 feet parcel of land; THENCE North a distance of 74.4 feet to the place of beginning; CONTAINING 0.124 acres of land more or less." and, WHEREAS, Roy L. Grimes, as Agent for the City of Lubbock, made such offer to D. W. Saler for a right-of-way easement across said tract of land, and the said D. W. Sadler refused to accept said offer for the aforesaid tract of land, including the moving of a house situated thereon, and the City Commission considered such offer to be fair and in all things reasonable, and hereby approves and ratifies such offer in all things and it appears that any further effort to agree with him would be futile; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK; THAT, the City Attorney be, and he is hereby authorized and directed to file condemnation proceedings against said tract of land described in the preamble of this Resolution against the said D. W. Sadler, and all other persons having an interest in said property, the same being required for the opening, extension and widening of East Street between Avenue A and East Broadway# On motion of Commissioner Thomas, seconded by Commissioner Davis, the foregoing Resolution was unanimously approved by the City Commission this 12th day of April, 1951. CLARENCE K. WHITESIDE Mayor , . . ATTEST: LAVENIA LOWE City Secretary Motion by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor pro-tem Harry Morris and Commissioners Yuf stedler,.Davis, and Thomas voting YEA, none voting NAy, the, --following Resolution was -passed: R E S O L U T I O N WHEREAS, an appraisal committee has appraised the property for the widening of East 19th Street between Avenue A and East Broadway. NOW THEREFORE, BE IT RESOLVED BY THECITY COMMISSION OF THE CITY OF LUBBOCK: THAT, C. P. LQkey or the true owner and all persons in interest in the following described property, to -wit: "A tract of land out of Tract No. 2, Block 3 of the Morrow Subidivision of Section 4, Block 0, in Lubbock County, and being described as follows: BEGINNING at the Northwest corner of tract No. 2, Block 3 of the Morrow Subdivision.of.Section 4,.Block o, the said point being the C.P. Lokey Northwest corner and the Northwesta corner of this tract; THENCE South along the West Property Line 56.4 feetHENCE North 65 311 East along a line 60 feet from and parallel to the highway center line aS staked on the ground by the Texas Highway Department Engineers 134.2 feet to the Nort# Property Line; THENCE West along the North Property Line 122 feet to the point of beginning. _Containing 0.079 acres." be offered by the Right -of -Way Agent the total sum of $450.00for said property including the moving of the house now -thereon said property to be acquired, with possession delivered to the City free and clear of any and all liens, encumbrances, or claims of any nature. On motion of Commissioner Thomas, seconded by Commissioner Davis, the foregoing Resolution was unanimously passed by the City Commission this 12th day of April, 1951. ATTEST: CLARENCE K. WHITESIDE LAVENIA LOWE, City Secretary Mayor APPROVES; VAUGHN E* WILSON, City Attorney Motion by Commissioner Thomas, seconded by Commissioner Davis, motion carried, Mayor Pro-tem Harry Morris and Commissioners Hufstedler,-Davis and Thomas voting YEA, none voting NAY_, the following Resolution was passed: R E S O L U T I ON WHEREAS, the City Commission has heretofore authorized the Right-of-way Agent to make an offer to C. P. Lokey of $450.00 for the following described property in the City of Lubbock, -Lubbock County, Texas, further described by metes and bounds as follows, to -wit: "A tract of land out of Tract No. 2, Block 3 of the Morrow Subdivision of Section 4, Block 0 in Lubbock County,, and being described as follows: BEGINNING at the -Northwest corner of Tract No. 2, Block 3 of the Morrow subdivision of Section 4, Block 0, thesaid point being the C. P. Lokey 1orthwest corner and the Northwest corner of this tact• THENCE South along the I'est Property Line 56.4 feet; THENCE North 65 31� Eaot along a line sixty (601) feet from and parallel to the highway center line as staked on the ground by the Texas Highway Department Engineers 134.2 feet to the NorthProperty Line; THENCE :Test along the North Property Line 122 feet to the point of beginning. Containing 0.079 acres. and, WHEREAS, Roy L. Grimes, as Agent for the City of Lubbock, made such offer to C. P. Lokey for a right-of-way easement across said tract of land and the said C. P. Lokey refused to accept said offer for the aforesaid tract of land, including the moving of a house situated thereon, and the City Commission considered such offer to be fair and in all things reasonable, and hereby approves and ratifies such offer in all things and it appears that any further effort to agree with him would be futile; NO.i THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT, the City Attorney be, and he is hereby authorized and directed to file condemnation proceedings against said tract of land described in the preamble of this Resolution against the said C.P. Lokey, and all other persons having an interest in said property, the same beint required for the opening, extension, and widening of East 19th Street between Avenue A and East Broadway. On motion of Commissioner Thomas, seconded by commissioner Davis, the foregoing.Resolution was unanimously passed by the City Conunission this 12th day of April, 1951. CLARENCE K. WHITESIDE Mayor ATEEST: LAVENIA LOWE, City Secretary igotion by Commissioner Hufstedler, seconded by Commissioner Davis, to authorize acceptance of the following proposal and offer to Alva Akers for securing right- of-way needed for East 19th Street. Payment of $500.00 at this time authorized the remaining $13,500.00 to be placed in escrow in the First National Bank of Lubbock to be paid in full at the time Mr. Akers vacates the property. This motion carried by the following vote: Mayor pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA, none voting NAY. To the City Commission Lubbock, Texas April 12, 1951 The undersigned, being the leaseholder of the property herein described hereby make the following proposal and offer to the City of Lubbock with respect to Right-of-way required for East 19th Street, said property being a tract of land 34.2X125 South of tract owned by A.M. Leftwich which is just South of lot 12, Blk. 231,_Original Town, Lubbock, Texas. We the undersigned will vacate the above described property by September 1st, 1951, providing we are notified to vacate by the 13th day of April, 1951. Whea an agreement has been reached on the terms stated herein the undersigned will vacate the above described property and release the City of Lubbock and its assigns from any and all damage$ accruing from the extension of 19th Street for the con- sideration of-$142000.00. Witness our hands in Lubbock, Texas this 12 day of April, 1951. ALVA AKERS BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY -OF LUBBOCK, that the foregoing proposal BE,, and it is hereby accepted this 12 day of -April, 1951. CLARENCE K. WHITESIDE, Mayor ATTEST: LAVENIA LOMJ'E, City Secretary Motion by Commissioner Hufstedler, seconded by Commissioner Thomas, motion carried Mayor pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA none voting NAY to accept the following proposal of E.L. Hicks for right-of-way for East 19th Street. Consideration being $36,000.00. . _ To the City Commission Lubbock, Texas April 12, 1951- The undersigned, being the owners of the property herein described hereby make the following proposal and offer to the City of Lubbock with respect to right- of-way required for 19th Street. Said property being-34.2 x 125 feet tract of land South of the tract owned by A.M. Leftwich which is just South of Lot 12, Block 231, Original Town, fronting 34.2 feet . on the East side of Avenue "H't. - And that portion required by the City of Lubbock being described as follows; Beginning at a point 68.7 feet, more or less, -South of the Southwest corner of Lot 12, Block 2312 Original Town of Lubbock, said point being in the South line of Survey 1, Block 0, County of Lubbock for the- Southwest corner of the tract; THENCE East 125 feet along the South line of Survey 11 Block 0 aforesaidTHENCE North 34.2 feet to a point; THENCE West 125 feet to a point; THENCE South 34.2 feet to the place of beginning. This includes the 34 x 125 brick and.tile building located on the above described property. I will submit my Abstract for examination within 5 days from the date of acceptance -of this proposal. The City of Lubbock shall purchase this property subject to all rights of tennants therein and thereon; the said City to be the present tennantts landlord and to receive th ent after closing of sale. This proposal shall be of no further force and effect un ess accepted within sixty (60) days from date hereof ffnd the sale shall be fully consumated within thirty (30) days after acceptance of this proposal. To duly execute and deliver to the City of Lubbock a Warranty Deed covering that por- tion of the above described property needed -in consideration of $36,000.00. acceptance This proposal is submitted subject to/as hereinabove set out by the governing body of the City of Lubbock. Yours truly, E. L. HICKS BE IT RESOLVED BY THE CITY COI.MSSION OF THE CITY OF LUBBOCK, that the foregoing proposal BE,. and it.is_hereby accepted. -- _ CLARENCE 1. WHITESIDE Mayor ATTEST: LAVENIA LGdE, City Secretary 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 P.AY, to authorize the Mayor to enter into the.following Agreement (License) between the City of Lubbock and the West Texas Wholesale Supply, Inc. of Lubbock for use of certain land in the vicinity of Avenue G and 8th Street for use as.a loading dock. L I C E N S E This license, made the 12 day of April, 1951, between the City of Lubbock, a Home Rule Municipal Corporation, of Lubbock County, Texas, hereinafter called City, and WEST TEXAS WHOLESALE SUPPLY INC. OF LUBBOCK, by and through WW REED, its President, hereinafter called -Licensee, witnesseth:- THAT the parties hereto, for the considerations herein expressed, covenant and agree as follows: 1. Subject to the terms and conditions herein set forth, the City hereby grants the Licensee a license to use the following described tract of land situated and lying in Lubbock County, Texas, more particularly described as follows, to -wit: BEGINNING at a point in the West right-of-way line of Avenue G in the City of Lubbock, Lubbock County, Texas, said point being twenty-five (25) feet North of the -North curb line of Eighth Street in said city; THENCE North to a point, said point being the intersection of the West property line of said Avenue G with the Southwestern boundary line of the Panhandle & Santa Fe Railway Company right-of-way; THENCE in a Southeasterly direction along the said Southwestern boundary line of said Railway right-of-way to a point which is sixty-three (63) feet East of the West property line of the said Avenue G; THENCE West sixty-three &63) feet to the PLACE Oi BEGINNING, for the restricted purpose of constructin:; and using loading dock thereon. The Licensee is authorized to build and construct the said dock at its own cost and expense, and covenants that it will not injure, excavate, nor damage the above described tract of land other than necessary to construct the said dock. 2. The Licensee, in and for the consideration for the execution of this license by the City, agrees to pay to the City of Lubbock One and Nof100 ($1.00) Dollars annually and the further consideration that no improvements shall be placed thereon except as contemplated herein; that the Licensee shall at all times maintain said area hereinabove described in a proper manner and keep the same free from rubbish and other accumulations, and further agrees to at all times indemnify and save harmless the City against any and all claims, losses, damages and expenses of every nature which the City may incur or become liable for and in any manner resulting from the construction, location, maintenance, use and state of repair incident to the use of said area hereinabove described, which shall include any loss, damage or expense arising out of loss of, or damage to property, injury to, or death of persons, mechanic's or any liens of any character. 3. This license is granted by the City to the Licensee for a period of one (1) year, beginning on the date first mentioned and ending one (1) year from that date unless sooner revoled by the City, and this license shall continue in effect for each year there after upon payment by the Licensee of the sum of One and Nof100 ($1.00) Dollars on each anniversary date to the City, subject, however, to the Cityts right, with or without cause, to cancel this license by written notice by the City.to the Licensee that said license has been cancelled and revoled, and any such notice given by the City of such cancellation or revocation shall provide that the Licensee has thirty (30) days within which to remove the dock and to place the hereinabove described tract of land in the condition that the said tract was in on the date of the execution of this license by all parties hereto; and such cancellation or revocation given by the City shall be assumed to be properly served if the same be delivered to any person in the office of the Licensee or mailed to the Licensee at its last known address in the City of Lubbock, Lubbock County, Texas. The Licensee covenants that upon receipt of said notice, and before the expiration of the time stated in said notice, or before the expiration of thirty (30) days from the date of said notice, whichever is the latest date, that it, its legal representatives shall forthwith in compliance with the terms of said notice and this license, cease to use the hereinabove tract of land and every part thereof for any and all purposes. 4. The notice herein provided for shall not be authorized except by resolution duly passed by a majority of the members of the governing body of the City of Lubbock, lubbock County, Texas. 5. This license inures to the benefit of the City and Licensee only, and shall not be sold `.transferred, nor assigned; and if the said license -is sold, transferred or assigned, this license shall ipso facto terminate and be null and void as to all parties; and the City shall enter the above described tract of land and take possession thereof and remove all improvements thereon, for which damages the licensee shall be liable. IN WITNESS WHEREOF the parties have executed this agreement in duplicate originals this day first mentioned. WEST TEXAS WHOLESALE SUPPLY INC. OF LUBBOCK ATTEST: By: H. M. Harrison, Secretary CITY OF LUBBOCK W. W. Reed, Presi nt BY: CLARENCE K. WHITESIDE Clarence-K. tesi e, Mayor ATTEST: LAVENIA LOWE City Secretary Motion by Co,ssioner Hufstedler, seconded by Commissioner Davis, motion carried, Mayor pro-tem Harry Morris and Commissioners Davis, Thomas & Hufstedler voting YEA none voting NAY, to authorize change order No. 2 to G.W.O. No-. 588, Contract of J. R. Fanning, dated March 15, 1951 covering 1$ blocks of street paving on 34th Street,. from Avenue H to Indiana Avenue. This change order to authorize addition of $3,739.28 to J. R. Fanning's contract in order that a better grade of crushed rock to used in the paving base. Mot ion by Commissioner Hufstedler, seconded b;, Commissioner Davis, motion carried, Mayor Pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA, none voting NAY, to authorize Change Order No. 1 to General Work Order No. 592, Contract of J. R. Fanning of date March 15, 1951, for 31 blocks of street widening on 15th St. 26etoeouJn2and raAvenue. This ce Order to add $11,497• cntractinorderthatabettegradeofcrushedrock be used -in the paving base. 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 authorize Change Order No. 2, to,contract of Warran-and Purtell, Inc., for 62 blocks of Street Paving and one block of Alley paving under General Work Order No. 579- Contract being dated January 6, 1951. This change order to -provide for the paving of Cornell Street from the East Property Line of Dollege Avenue 150 feet East. Cityts portion of the cost id $102.08. The paving being requested by L. B. Jackson Company, the owner to pay cash for his share of the paving cost. Total amount to.be added to Contract by this change order: $1,129.33- There was discussion of use of -wooden poles for residential street lights or whether should change to steel poles for this street lighting, and it was unanimously agreed that the wooden poles on hand be used and all other street light poles be made of steel. Motion by Commissioner Davis, seconded by Commissioner Hufstedler, motion carried, to approve plans and specifications and authorize advertisement for bids to be received May 3, 195i, on General Work Order No. 606, for Street Surfacing and Seal Coat program for work to be done in summer of 1951. Estimated cost $39,0$0.00. Motion by Commissioner Hufstedler, seconded by Commissioner Davis, motion carried, Mayor Pro-tem Harry Morris and Commissioners Hufstedler, Davis and,Thomas voting YEA, none voting NAY, to approve construction of water lines to be located under proposed street pavement -to be constructed under G.N.O. 584• The work to be done with City Forcers, and payment to be made from Bond funds. The lines to be constructed are: 1211 C.I. in 26th Street from Louisville to Memphis 32500.00 $tt C.I. in 38th Street from Akron to .Boston 2,260.00 $tt C.I. in 38th Street from College to Avenue W 4,260.00 lOTt^ C.I. in 42nd Street from Akron to College -Ave. 3,335.00 lot? C.I. in 42nd Street fromCanton to Elgin Ave. 2, Z5�0.00 Total Cost Ib,10 .00 3 Motion by Commissioner Hufstedler, seconded by Commissioner Davis, motion carried, Mayor Pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEQ, none voting NAY, to authorize construction of water lines under proposed streets where pavement is to be constructed, under General Work Order No. 614. The work to be done with City forces and payment to be made from Bond funds; Water lines to be constructed are as follows: 320t of 61t C.I. water main in 31st Street from King to Juniper 1,020.00 3$5 ,� of 611 C.I. water main in Teak Avenue from 33rd to Alley . North of 33td St. - 1,100.00 476t of 8tt C.I. in Erskine from Indiana to Hartford 1,665.00 335� of 1011 C.I. in Cornell from_ Gary to W.P.L. T.J. 11ages Addtn 1,460.00 50� of 6tt.. C.I. in Hartford from Across Colgate 135.00 Sox of $T1 C.I. in Indiana Across 1st Place 160.00 1110! of V C.I. in Itasca from Flint to Hartford 4025.00 395!, of 6t1 C.I. in Flint from 35th to 36th Street 1,295.00 1300X of 611 C.I. in 35th Street from Cedar to.E.P.L. Berry Addtn 32$00.00 12501 of 811 C.I. in Avenue S from 34th St. to 38th-St. 42385.00 1920! of 61t C.I. in Joliet from 34th Street to 40th..Street. 7,035.00 1205t of 81, C.I. in 38th St. from Knoxville to Indiana 4.000,00 Total Cost170,380-00 Motion by Commissioner Hufstedler, seconded by Commissioner Davis, motion carried, Mayor Pro-tem Harry Morris and Commissioners Hufstedler, Davis and.Morris voting YEA, none (No forn 1 voting NAY, to -accept proposal of Armour and Company for right of way for Avenue ttAtt proposa in the East Lubbock, The City to purchase approximately 5 feet of land off the East -end present d) of the Armour and Company hog barns located on West side of Avenue 1tAtt, South of 13th street, -also to move the improvements back off the right-of-way. Total amount to be paid Armour and Companyy, $1,597.00. The City todo the following work: Approximatel 5600 sq.ft* of filling,level lin and r din on the n rtb s 4e of the h barns also ma� all n ce ary new swer c nnections nd ungerground drain lines, includn ext4nsions, i needed. 'ie im roveie t m t of the 1 .3 t be in went for he five feet of Land and the movin of the p oLYio ss n a is, se issioner s er, motion carried, Mayor off the ght- Pro-tem Harry Morris and Commissioners Davis, Thomas and Hufstedler voting YEA, none of -way. e voting NAY, to.authorize purchase of tract of land from C. E. Whitehead for use as a improveme is sewage Lift St�ation,for the total sum of Four Hundred $400.001 Dollars. The land to lie movad located -on the West side of proposed Oak Street and approximately 600 feet South of East off the ght h Street, being approximately 50 ft, x 125 Ft. and described as follows: of way b Arm u Said tract of land lying and being in the Northeast 1/4 of Section 3, and comp y Block t10111 Lubbock Co., Texas, beginning at a point 580 feet distance West an4-596.5 Feet,Distance South of the Northeast Corner of said Section �, Block "Olt, said point of beginning being the Northeast Corner of said tract of land to be described; thence South a distance of 125.0 feet to a point.; Thence West a distance of 50 feet to a -point; Thence North 125 Feet to a point; Thence East a distance of 50 feet to a point of beginning, and containing ,143 acres more or less. Request was received from Mrs. Fern Cone that the City abandon 20 feet of a sixty foot street dedication on the East Side of the Parks Addition from South line of alley bet- ween First Place and 2nd Street at College --Avenue to 3rd Street. After discussion of the request,, motion was made by Commissioner Hufstedler, seconded by Commissioner Davis, motion carried, Mayor pro-tem Harry Morris and Commissioners Davis, Thomas aid Hufstedler voting YEA, none voting NAY, the. request was rejected. - - Proposal was received from Elvis Roberts, Lessee of Building located on Lot 20, Block 221, Original Town of Lubbock, being -on the West side of Avenue "ATT at the Southwest corner of 17th Street, Mr. Roberts pro V10,477.60. s_ing to move his building off the Avenue TTATT right-of-way for consideration of After consideration of this proposal, motion was made by Commissioner Hufstedler, seconded by Commissione Thomas motion carried, Mayor pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA, none voting NAY, that the proposal be rejected. Motion by Commissioner Davis, seconded by Commissioner Hufstedler, motion carries, Mayor pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas, voting YEA, none voting NAY, to authorize payment of $30.00 to John Toles as an additional expenditure in the purchase price of right of way for East 19th Street. The land purchased being on the South side of 19th Street between Texas Avenue and Avenue H. Motion by Commissioners Davis, seconded by Commissioner Hufstedler, motion carried, Mayor Pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA, None votingNAX, to authorize construction of caliche base and asphalt surface pavement on East side of Central Fire Station at loth Street and Avenue TTJ", also between the Fire Station and Police Station, at the expense of the City._ This additional paved area will permit nine additional parking spaces at an est�mated cost of $1,400.00. This expenditure to be made from Budget Item No. 25-Y-8, Paving, Parking privileges in this area to be regulated by the City Commission. Motion by Commissioner Hufstedler, seconded by Commissioner Davis, motion carried, Mayor pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thom&$ voting EA, node voting NAY, to authorize Budget Account Number 1-G-1 to be supplemented in the amount of $500.00 for the 1950-51 Budget. This in order to increase to $3,000.00 the amount to be paid by the City of Lubbock for operation of the Lubbock Child Welfare Unit for this Budget year. 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 authorize Lots 15 and 16, Block 41, Overton Addition to the City of Lubbock, to be tax free, beginning January 12 1�,52, and all subse- quent years, so -long as this property is being occupied solely as Lubbock Women's Club, and for no other purpose. , Motion by Commissioner Hufstedler, seconded by Commissioner Davis, motion carried, Mayor pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA, none voting NAY, to authorize irrigation well to be drilled on.Municipal Airport property. The City to pay for drilling casing and gravel packing the well. The water from said,irrigation well to be used for irrigating land now leased from the City by Ernest Exum, for agricultural purposes and Mr. Exum to furnish the pump, -�-v motor and fuel for operation of the well. Contract to. be entered into between Ernest Exum and the City in connection with use of the well, in which stipulation is to be made that at any time the City of Lubbock so desires it may take over the operation of the well and use it for whatever purpose it so desires. The Mayor being hereby authorized to enter into a contract. Mr. Exum is to make five (5) annual payments to the City in the amount of one -fifth (115 ) of $700.00, the estimated cost of drilling and casing the 1' irrigation well. sj 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 authorize the 1950-51 budget be supplemented in the amount of 41,000.00 for renovating the old part of the Police Station building. Estimated cost of repairs being: Asphalt tile flooring $467.10 Painting- labor and materials 425.00 Other materials Mr. Clyde Ragland and Mr. Ray Dickey of Scoggins-Dickey Motor Co. appeared before the Commission, each requesting permission to build frame -stucco building, approxi- mately 200 sq. ft. in size, in Fmse Zone Number 1. Said buildings to be used in connection with sale of second hand 4utomobiles. There was no action taken in this regard. Motion by Commissioner Hufstedler, seconded by Commissioner Davis, motion carried, Mayor Pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting none voting NAY, the following Resolution was passed: R E S O L U T I O N WHEREAS, on August 24,1950, the City Commission issued a license to Ted Kirk of 2205 Avenue G, Lubbock, Texas, to operate one (1) truck on the streets and -alleys for the purpose.of,collecting salvage, as set out.in said Resolution recorded in Minute Book 9, pages 399-400, which Resolution and proposal therein referred to is made a part hereof for all purposes, and, WHEREAS, Ted Kirk has been called into the armed services, and Jack D. Williamson and R. E. Jackson.dba West Texas Paper and Chemical Company of Lubbock, Texas, desire to succead.the said Ted Kirk under the terms and conditions of the proposal above referred to for the Consideration agreed upon, and that a license be issued to them dated April 14, 1951, to supersede the license issued to Ted Kirk the 12th day of October, 1950, for the use of one (1) truck upon the streets and alleys for the pur- poses hereinafter mentioned, THEREFORE, BE IT RESOLVED BY THE CITY C0101ISSION OF THE CITY OF LUBBOCK: SECTION 1. That Jack.D..Williamson and R. E. Jackson dba Nest Texas Paper and Chemical -Company of Lubbock,.Texas, in consideration.of the premises and payment of license fee hereinafter provided for, BE and they are hereby licensed to use one (1) truck upon the streets and alleys of the business district to pick up and salvage -paper, wooden crates and boxes, and other paper behind garbage trucks, for a period of one (1) year beginning April 14, 1941; such service to be rendered by Licensee in accordance with the proposal and Resolution above referred to, upon the following conditions: 1. The Licensee to pay to the City of Lubbock the sum of $25.00 per month in advance beginning April 14, 1951, and $25.00 per month in advanee.on or before the 15th day of each succeeding month for the,duration of this license. 2. Furnish satisfactory evidence that public liability and property damage insurance is in force with respect to the truck used by Licensee. 3. The Governing Body reserves the right, upon written notice to Licensee, to cancel this.license upon thirty (30) dayst notice, with or withour cause#_ In the event this license is,not cancelled or revoked prior to April 15, 19522 the privilege granted hereby shall be extended for an additional one (1) year perior, subject to cancellation at any time, with or without cause. This license and privilege is not transferable in whole or in part. A certified copy of this Resolution and License shall constitute authority of the said Jack D. Williamson and R. E. Jackson dba West Texas Paper and Chemical Company to operate said truck for the purposes specified. Passed and approved by unanimous vote of the City Commission, this 12th day of April, 1951. CLAREI�3CE K. WHITESIDE, Mayor ATTEST: LAVENIA LOWE, City Secretary ACCEPTED: West Texas Paper & Chemical Co. BY, JACK D. WILLIAItiISOPJ Motion by Commissioner Hufstedler, seconded by Commissioner Davis, motion carried, Jayor pro-tem Harry Morris and Commissioners Hufstedler, Davis and.Thomas voting YEA, none voting NAY, to authorise cancellation of Contract between the City of Lubbock and Ted Kirk, entered into November 13, 1950, said contract granting Mr. Kirk..the right and privilege of collecting and disposing of any or all materials or substances which he may find in the garbage dumps that may be reclaimed by removing the same from refuse, garbage dumps and incinerators of the City of Lubbock, and said material, when reduced to possession by the Contractor, his agents and representatives, becoming the property of the said Contractor to sell and dispose of the same as provided by the specifications attached to said contract, Cancellation date of said contract to be April 12, 1951. Motion by Commissioner Hufstedler, seconded by Commissioner Davis, motion carried, Mayor Pro-tem Harry Morris and Commissioners Hufstedler, Davis and,Thomas voting YEA, none votingNAY, to authorize the Mayor to enter into contract between the City of Lubbock and Jack D..'dilliamson and R. E. Jackson, dba West Texas Paper and Chemcial Company of Lubbock, Texas, to authorize said West Texas Paper and chemical company to collect and dispose of materials salvaged at the City of Lubbock Dump Ground. The contract to require payment of $250.00 per month,, in advance, for this privilege. Contract effective April 14, 1951, and to be subject to cancellation by the City of Lubbock at its discretion.. THE STATE OF TEXAS COUNTY OF LUBBOCK This contract this day made and entered into by and between the CITY OF LUBBOCh, a Municipal Corporation, hereinafter called IfCity", and JACK D. WILLIAMSON and R. E. JACKSON, dba WEST TEXAS PAPER AND CHEMICAL COMPANY, of Lubbock, Texas, hereinafter called "Contractor". W IT N E S S E T H PA The City, for the consideration hereinafter expressed, hereby grants to the Contractor the right and privilege of collecting and disposing of any or all materials or substances which he may find in the garbage dumps, that may be reclaimed by removing the same from refuse, garbage dumps and incinerators of the City of Lubbock, and said material, when reduced to possession by the Contractor, his agents and representatives, shall become the property of the said Contractor who may sell and dispose of the same as provided by the specifications, copy of which is attached hereto and made a part hereof. II The Contractor, in consideration of the foregoing privilege, will pay to the City of Lubbock TWO HUNDRED FIFTY AND N01100 ($250.00) DOLL'IRS per month in advance, and in the event the. payment is not. made _to the City as herein-- provided, or failure on the part of the Contractor to cooperate fully with the Garbage Superintendent in regard to the time, place and method of salvaging and the maintenance of the garbage dumps of the City of Lubbock, the contract shall at the election of the City be subject to cancellation -upon the Director of Public Works giving notice of such election of cancellation to the Contractor. Furthermore, this contract shall be subject to cancell- ation by the City at its discretion. Notice of cancellation shall be sufficient if given in the form of a letter mailed to the last known address of the Contractor. III The contractor shall provide an adequate number of laborers to carry on the operation of salvaging the garbage dumps at all times and the number of laborers shall be approved by the Superintendent of the Garbage Division. The Contractor shall also submit the names of all his employees, and at any -time a laborer or other employee is discharged or employed, the names of those affected shall be given to the superintendent of the Garbage Division. In the absence of the Superintendent of the Garbage Division, the list shall be given to.or filed with the Director of Public Works or City Employee designated by the Director in writing. The Contractor shall require all of his employees to wear at all times an identifying badge of approved design. It is mutually understood and agreed that all such laborers provided by the Contractor shall be his employees and not those of the City of Lubbock. IV. It is understood and agreed that the Contractor will employ such means and methods in.carrying out the salvaging operations on the garbage dumps of tie City as will cause the minimum interruption or interference with the Garbage Division's oper- ations in the collection and disposal off' garbage or waste. He shall be privileged to salvage any or all materials or substances which he may find in the garbage dumps. The Contractor shall furnish adequate supervision of salvaging operations on the garbage dumps. The Superintendent or representatives of the Contractor shall be approved by the Superintendent of the Garbage Division of the City of Lubbock. Upon written 'request of the Superintendent of the Garbage Division, the Contractor, without cause, shall remove from the garbage dumps of the City of Lubbock any laborer or super- intendent in his employ. The contractor shall give the work of salvaging the garbage dumps of the City of Lubbock,his consistent attention and shall cooperate fully with the Garbage Super- intendent of the City of Lubbock in regard to the time, place and method of salvaging and the maintenance of the garbage dumps of the City of Lubbock. All work shall be performed under the supervision and to the satisfaction of the Director of Public Works of the City of Lubbock. The Contractor shall remove all salvaged materials.from the garbage dumps at the end of each day. V. This contract shall continue in force and effect for a period of one (1) month, beginning April 14, 1951. V1 It is understood and agreed that the Contractor will take out and maintain during the life of this contract adequate Workman's Compensation Insurance for all his employees working on the karbage dumps of the City of Lubbock. mi It is understood and agreed that the Contractor will be responsible for all damages or injury to persons or property of any character occurring during the prose- cution of the work, and resulting from any act, omission, neglect, or misconduct on hit part, or that of his employees. VIII It is expressly understood and agreed that the City of Lubbock shall prohibit City Employees from salvaging their wagons and trucks while on the various routes before reaching the dump grounds and shall carry said prohibition into effect by the promul- gation of such rules and regulations as shall adequately protect the Contractor from City Employees removing salvagable material either from the wagon, trucks and the dump grounds. " The City of Lubbock further agrees to take such measures as may be necessary to outside,men,, boys or any other person from riding the various wagons and trucks and to salvage therefrom materials included within the provisions of this contract. IX The contractor agrees to carry adequate public liability and property damage insurance on any motor vehicle used in connection with salvaging activities. This contract not assignable except upon resolution of the City Commission. Executed this 14th day of April, 1951. CLARENCE K. WHITESI DE ATTEST: Mayor, City of Lubbock LAVENIA LOWE, City Secretary BEST TEXAS PAPER ATD CHEMICAL COMPANY BY: JACK D. WILLIAMS BY: R. E. JACKSON This being the date set to receive Bids on construction of service building and warehouse for the Electric Department, to be located on the old Plainview Highway East of the Cityts new Electric Light Plant, being. G.W.O. #618, motion was made by Commissioner Thomas, seconded by Commissioner Davis, motion carried, all voting YEA, that bids be opened and read, whereupon the following bids were opened and read: BID TABULATIONS- Service Building and Warehouse for City of Lubbock, April 12, 1951 GENERAL CONTRACTORS BASE BIDALTERNATE NO. 1 CALENDAR DAYS BID BOND Harold Biffle 108,896.00 Add $100.00 180 5% Bond J. R. Bundock 95,280.0o Deduct 280.00 120 5% Bond T. J. Davis, Jr. 91,987.00 Add 275.00 149 Bond $5,000 Gilstrap Construction Co. Givens Construction Co. No Bid 113,000.00 Add o25.00 As Regtd 5% Bond Carl Hensley a9,500.00 Add 150.00 120 5% Bond Hester Const. Co. No Bid Add 84760.00 1$0 5% Bond P. TV. Porter 126,813.70 No change 1$0 Bond $6349.69 Tidmore Construction Co. 95,512.00 No Bid 100 Bond .5% After consideration of all bids, motion was made by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor Pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA, none voting NAY, to award the contract for this construction to Hester Construction Company, their bid in the amount of $84,76o.00 being considered the lowest and best bid. The yor being hereby authorized to enter into contract. Bids as follows were read on purchase of additional parking meters, being Bid No. 2277. (110 New) Parkometer 56.50 Dual GSI) 71.50 Dual ES) (150 used) 40.50 Dual 4) - 34.50 SW Traffic Suppl� (Dual) 26.50 (Plus 10.free meters) No Bid received from: Karpark Corp. Miller Park Meter Terms Delivery F.O.B. 5% 60 days Lub. 5% 60/90 days Lub. 5 30/45 days Lub. 5 30/45 days Lub. 5J Lub. After consideration of all bids, motion was made 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, that the bid of Parkometer Company, on the new meters, be accepted for this purchase. Bids as follows were read on urchase of 40% Chloradane and Lethane, for use by the Health Department, being Bid ;2266; 2,000 Gallons of Chloradane and 200 Gallons of Lethane to be purchased. Rowland & Ward Magnolia Martin Smith Fog Gordon Feed Co. Chemical Smith Service 2000 Gal 40% Chloradane 4.10 4•85 3.12 3.29 4.19 (alternate 25% D. D. T.) 2.50 2.25 200 Gal. Lethane 3.90 5.00 3.75 4.45 5.17 Delivery: 10/15 da May 1st At Once 30 days fob: Lub. Lub. Lub, Lub. Lub. Terms: Net Net 1% 2% Net Pricing Firm Firm 10 da After consideration of all bids, motion was made by Commissioner Davis, seconded by Commissioner Thomas, motion carried, Mayor pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA, none voting NAY, that the bid of Magnolia Chemical Company be accepted for this purchase, it being considered the lowest and best bid. Bids as follows were read on purchase of 250 Photo Electric Control Relays for use in the Electric Department, being Bid #2261: .(FOB) - (Delivery) (Terms) Cummins (Fisher Pierce) 35.75 .4 wk. Lub. Net Electric Supply 67.32 4 mo. Lub. Net _(Photobel) (Weston) 62.32 60/180 da Lub. Net General Electric.(P.I.A.) 49.00 20/25 wk. Lub. Net (P.I.) 41.00 7/8 wk. Lub. Net uVastinghouse (Fisher Pierce) 35.75 5/6 wk. Boston Net Nelson (Fisher- Pierce) 41.25 49.00 4/5 wk. 20/25 wk. Boston Lub. Net Net Graybar (P.I.A.) (Palo) 41.00 7/8 wk. Lub. Net. C.B. anderson (Prtabet) 30.07 30/45 da Norfolk Net �I (Prtabet with arrestor) V {i 34.09 30/45 Norfolk Net After consideration of bids, motion was made by Commissioner Hufstedler, seconded by Commissioner Davis, motion carried Mayor pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA„ none voting. NAY, tb authorize acceptance of the bid of C. B. Anderson for this purchase, it being considered the lowest and best bid. Bids as follows were read on 250 Residential Street Lighting Fixtures and Brackets for use in the Electric Department, being Bid J2269: _ NELSON GENERAL ELECTRIC 6t'Upswing 14?1 Bracket Pempco j891 15.95 GE9462559G2 5.60 Pempco 895 7.50 GEA 5G92 10.10 Joslyn 80150H6 7.00 Street Light Fixtures (2 Way distribution) FOE: Delivery: Terms: 61 Upswing llvBracket Street Light Fixtures 12 way distribution) FOB: Delivery Terms Pempco893M4152 Pempco 306MU joslyn90378F joslyn90379F Lub 1 10/12 wk la 10/12 wk lb 150/180 da 2 10/12 wk 2a 10/12 wk 2 b 150/180 da 2c 150/180 da Net C.B. ANDERSON LM637968Y9 7.05 LM602Q43Cll 22.20 LM602043Qlll 22.20 LM602042Qll 16.59 Lub 120 days Net 30.45 GE107CR(4way) 18.00 GE123 G3 . 29.50 GE10750 27.55 GE10750 with Photo Relay GE110 CR with Photo Relay Lub Start 12/14 wk CUMMINGS Pempco J891 Pempco #894 Pempco893 M4152 Lub 10/12 wk Net Net ZESTINGHOUSE 15.95 WH568Y36 7.50 .. 30.45 WHTypeAK6- #1568229 Lub 21.40 21.40 13.70 55.20 62.90 11.50 21.65 Start 12 wk Complete 28 wk Net After consideration of bids, motion was made by Commissioner Davis, seconded by Commissioner Thomas, motioncarried, Mayor pro-tem Harry Morris and Commissionerw Hufstedler, Davis and Thomas voting YEA, none voting NAY, that the purchase be made as follows: 250 6t Upswing 1 1/411 Brackets be purchased from General Electric Company being GE 9462559G2, at a price of $5.60 each and 250 Street Light Fixtures be purchased.from Westinghouse Electric Supply bein,_' Type AK6 - at $21.65 each. No further business coming ub for consideration, the City Commission recessed to meet April 17, 1951, at 11 A.M. Read and approved this the lOt" day of ATTEST: sty Secretary .. .. .. May 1951. Mayor . Cl RECESSED REGULAR MEETING Lubbock, Texas April 17, 1951 The City Commission of the City of Lubbock, Texas, met at 11 otclock A.M. in recessed regular session, recessed from Regular Meeting of April 12, 1951, at the regular meeting place in the City Hall, the following members thereof being present, to -wit: Mayor Clarence K. Whiteside, Commissioners E. K. Hufstedler, Harry Morris, L. E. Davis, City Attorney Vaughn E. Wilson, City Manager Steve Matthews, City Secretary_Lavenia Lowe. Absent: Commissioner Lucian Thomas Motion by Commissioner Hufstedler, seconded by Commissioner Davis, motion carried, Mayor Whiteside and Commissioners Morris, Hufstedler and Davis voting YEA, none vding NAY, the following Resolution was passed. R E S O L U T I O N WHEREAS, the City Commission has heretofore, as shown by Minute Book 10, page 412 submitted_ instructions, approved by the Commission, to the atrtorney for the Fort Worth and Denver South Plains Railway Company and the Fort Worth land Denver City Railway Company for approval,_ which instructions to be submitted.to the Arbitration Committee were not approved by attorneys for the railroads, who lodged several object- ions against them, and, WHEREAS, certain changes have been made, which now appear to be acceptable both to the City and to the railroads, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the Mayor BE and he is hereby authorized, on behalf of the City of �ubbock to execute the attached set of instructions addressed to Messrs. Roy Davis, o n Spikes, obert Wright, W. B. Rushing, A. L. Ferguson, and 0. L. Byrd, the same to constitute the Cityts agreement with the railroads with respect -to arbitrating all questions of damages relating to the widening and extension of 19th Street East from Avenue H, said set of instructions havinji been heretofore approved by the City Attavney who is hereby directed to transmit signed copies of instructions to the railroad attor- neys for approval. The City Commission finds that the set of instructions attached hereto is fair to all parties, and in view of the railroadts refusal to approve the set of instructiong recorded in Minute Book 10, Page 41, which were heretofore executed by members of the Commission, the same are hereby revoked and cancelled, and the City Secretary is author- ized and directed to note upon the margin of the record of such instructions that the same were cancelled due to the railroad's refusal to approve the same. It is understood by the Commission that the instructions as attached hereto and as now written are acceptable to the attorneys for the railroad companies, that they should be promptly approved by the railroads without any further delay, and that upon receipt and approval by the railroad companies of the instructions as now written and attached hereto, the railroads will promptly authorize entry upon all property owned or claimed by the railroads lying within the established right of way for the construction and extension of 19th Street East from Avenue H, and will forthwith execute and deliver to the City an easement or easements for highway right-of-way purposes within the estab- lished highway right-of-way lines, in consideration of the Cityts agreeing to arbitrate the damages to the railroads, as stated in the agreement and instructions hereto attached. On motion of Commissioner Hufstedler, seconded by Commissioner Davis, the foregoing Resolution was passed by unanimous vote of the City Commission this 17th day of April, 1951. CLARENCE K. WHITESIDE ATTEST: Mayor . LAVENIA LOi+',iE City Secretary New set of instructions as authorized by the above Resolution, are as follows: MESSRS: ROY DAVIS, JOHN SPIKES ROBERT WRIGHT, W. B. RUSHING A.L. FERGUSON; 0. L. BYRD: GENTLEMEN: You have been unanimously selected by the CITY OF LUBBOCK and the FORT WORTH AND denver SOUTH PLAINS RAILWAY COMPANY and the FORTH WORTH -AND DEI;VER CITY -RAILWAY. COI•ZPANY to arbitrate the amount of damages to.the business and properties of the Railway Companies resulting from the opening of 19th Street as a part of Highway Dispersal System of Lubbock. While the Committee shall consist of the first five of you named, Mr. Byrd is also included so that he may succeed to any vacancy which might occur before the completion of your duty. It is expected that he will sit with you and participate to such extent as may suit you, but shall not participate in the final award unless a vacancy shall first have occurred. This instrument, mutually agreed upon as evidenced by the respective signatures of the parties, sets forth the scope of your inquiry and appraisal in determining the amount of damages, if any, which in your judgment should be paid by the City to either or both Railway Companies due to the extension of 19th Street East from Avenue H. I. You shall make an award as provided by law, which you find to be reasonable. You are the judges of the law and facts, the credibility of the witnesses, the weight to be given their testimoy; and your judgment shall be final. II. You shall hold meetings at such time or times and at such places as you may determine, provided written notice shall be given each party of such -time and place not less than three (3) days, excluding date of notice, prior to such meeting. Notice shall be considered given to the City when delivered to the office of the City Manager and the Railway Companies when delivered to the office of the General Agent of the Fort Worth and Denver City Railway Company in Lubbock. Either payyy may waive written notice. Any hearing may be postponed if requested by either party, at the election and convenience of the Committee, whose judgment shall be final. III. You are authorized to receive evidence on any one or more occasions from either party, with or without the presence of representatives of the other, but no award shall be made unless and until each party has had a full opportunity to present its evidence. Your Committee or the individual members may make such personal investigation as may seem necessary or desirable to enable you to render a fair and equitable award, provided that a written report and resume of findings of such investigation, whether made by the Committee or the individual members thereof, is submitted to each party and oppotnnity given to each party to offer evidence in explanation, support, contridiction or modification. You may receive evidence from any source you may choose, provided that a copy of such evidence be submitted to each party and opportunity given each party to offe r additional information, additional evidence in explanation, support, contradiction or modification of it prior to final award. While you are not bound by the legal rafts of evidence, you should exclude matters obviously unrelated which are time-consuming and becloud the issue; all evidence bearing upon the case should be freely admitted. The object of this arbitration is to afford an easy, expeditious, and inexpensive method of settling this dispute. Hearings are not to be confined by the strict legal rules of evidence. Liberality of procedure is to be observed and such methods are to be followed as will be best calculated to elicit all the evidence pertaining to the case and at the same time meet the convenience of the Committee and of the City and Railway Companies. It is suggeNted, but not required that all oral testimony be under oath, and all written evidence be sworn to, when received by you. A written record shall be made of all hearings and either party may obtain a copy of it at his sole cost and expense. IV The Committee is authorized to employ for a reasonable fee any person, firm or corporation, whose skill, experience, knowledge, technical training or other qualifications, will assist the Committee in its deliberations and arriving at its award. You shall employ a competent reporter or reporters to make a written record of all proceedings, except it is not required that the deliberation of the Committee be reported. ifr You may require the parties and their witnesses to attend the hearing and - submit to examination and cross examination relating to any and all matters pertin- ent in this arbitration, and the parties and their witnesses may be required by the Committee to produce and deposit with the Committee any and all instruments, docu- ments, account books, letters, etc., evidences and things in their possession and control touching or concerning the matters pertinent to this arbitration and award. VI The award shall be made, reduced totiwriting, and signed by a majority of the Committee within ninety (90) days after this instrument, which shall constitute the agreement of the parties, is signed by the parties and delivered to the Committee, unless a majority of the Committee shall extend the time for making the award for thirty (30) days, either on motion of mne of the parties or upon the Committee's own motion. The Committee may make one or more extensions of time, but in no case -shall the time taken to make the award exceed six (6) months from the time above stated, unless such extension be mutually agreed upon by the parties in writing and approved i I Li by the Committee. In the event the Committee fails, refuses, or neglects to make its final award within the ninety (90) days stated, or authorized extensions, or should any member of said Committee fail3 refuse or neglect to function, then a successor committeeman or Committee shall automatically be filled from the list of arbitrators agreed upon as eligible in the order their names appear thereon. In case of a new Committee, or three or more committeemen are selected, as provided -herein, such Committee shall have an additional ninety (90) days in which to make a final award, in which event, however, the parties may by written agreement at any time extend the period or periods above stated. VII If: either party is dissatisfied with the award it shall request in writing within ten (10) days a reconsideration of the award, such request stating clearly the reaeons.for the reconsideration, and a copy shall be delivered to the other party. The Committee shall meet and make a new aweird or reject the request as it may determine. Only one request for reconsideration shall be accepted. The Committee is requested by both parties to exclude from its consideration all matters not disclosed by the hearings, investigations and appraisals herein provided for. VIII Any and all reasonable expenses incurred by the Committee shall be paid equally by the parties hereto and shall be paid within thirty (30) days after approval of the statement by the Chairman of the Committee. IX It is mutually agreed by the parties, as evidenced by their signatures hereto, that the amount of damages suffered by the Railway Companies, or either of them, as determined by you will be conclusive evidence for all purposes of the loss and damage to the Railway Companies, or either of them$ by reason of the opening of 19th Street across their properties, and both parties hereby agree that they are bound by your award. Inasmuch as the parties hereto have submitted this matter to you gentlemen as an arbitration Committee and agreed to abide your award, they mutually agree, as evidenced by their signatures hereto, not to institute or to carry on any litigation concerning, relating to or arising, out of the issues submitted to you for arbitration. X. Whe4, in the judgment of the Committee, both parties have had a reasonable time to submit to the Committee all pertinent evidence, argument, and other matters, the Committee may set a date beyond which further evidence will not be received, which final date for receiving evidence shall be not less than thirty (30) days from the date I# notices is given parties that such final date has been set. CITY OF LUBBOCK BY: CLARENCE K. WHITESIDE Its Mayor .. - L. E. DAIVS E. K. HUFSTEDLER, JR. CLARENCE K. WHITESIDE HARRY MORRIS APPROVED: Generai Attorney FMDSP Railway Compa0y FW&DC. RAILWAY COMPANY FORT WORTH AND DENVER SOUTH PLAINS RAILWAY . CO1,1PANY BY: R. WRIGHT ARMSTRONG 'Its Vice President FORT WORTH AND DEr:V'ER CITY RAILWAY COMPANY BY: R. WRIGHTARMSTRONG Its Vice President APPROVED: VAUGHN E. WILSON, City Attorney Motion by Commissioner Davis, seconded by Commissioner Hufstedler motion carried, Mayor Whiteside and Commissioners Morris, Hufstedler, and Davis voting YEA, none voting NAY, to employ Lynn Andrews as City Planning Engineer, at a salary of $375.00 per month plus cost of living bonus, effective May 15, 1951. No further business coming up for consideration, the city commission recessed to meet April 20, 1951, at 3:30 P.M. Read and approved this the loth day of ATTEST: Ma y , 1951. Mayor