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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/28/1948V REGULAR MEETING. Lubbock, Texas October 28, 1948. The City Commission of the City of Lubbock. Texas, met at 1:30 P.M. in regular session at the regular meeting place in the City Hall, the following members thereof being present, to -wit: Mayor W H Rodgers, Commissioners W. B. Prick, Clarence K. Whiteside, E.K. Hufstedler, Jr., John Spikes, City Attorney Vaughn E. Wilson, City "anger M.R. Smith, Jr. , City Secretary Lavenia Williams. Absent: None. The Minutes of Regular Meeting of October 14, 1948 recessed regular meetings of October 15, October 18th and October 26 1948, were read, and upon motion by Commissioner Trice, seconded by 6ommissioner Spikes, carried unanimously, they were approved. The Minutes of Accounts allowed from Warrant No. C-7693, to Warrant No. C-8044, both inclusive, were read, and upon motion by "ommissioner Whiteside, seconded by Uommissioner Spikes, carried unanimously, they were approved. Motion by 1,ommissioner Whiteside, seconded by Commissioner Spikes, carried unanimously, Ordinance No. 888 passed second and final reading. ORDINANCE NO. 888 AN ORDINANCE REGULATING THE PARKING OF VEHICLES ON THAT PORTION OF AVENUE "H" LYING BETWEEN THE SOUTH PROPERTY LINE OF 19TH STREET EXTENDED, AND f'iE PORT WORTH AND DENVER RAILWAY COMPANY RAILROAD TRACKS LYING IMMEDIATELY SOUTH OF 26TH STREET; ESTABLISHING PARALLEL PARKING ON SUCH 4ART BF AVEENUE "H't EXCEPT THAT PART OF AVENUE "H" ABUTTING LOTS PROVIDII'G SPACES FCR ANGLE PARKING AS HEREIN SPECIALLY DESCRIBED• PROVIDING FOR ANOIS PARKING AT LOCATIONS SPECIALLY DESCRIBED AND WHI�H PROVIDE ADEQUATE SPACES FOR ANGLE PARKING AND PROHIBITING PARALLEL PARKING WHERE ANGLE PARKING IS HEREIN PROVIDED; DIRECTING CHIEF OF POLICE TO PLACE PARKING SIGNS; AND PROVIDING A PENALTY. Motion b•r Commissioner Hufstedler, seconded by Commissioner Spikes, carried unanimously, Ordinance No. 890 passed first reading. ORDINANCE NO. 890 AN ORDINANCE DESIGNATED THE CITY OF LUBBOCK "TRAFFIC ORDINANCE" BEING COMPREHENSIVE IN ITS SCOIE AND GENERALLY REGULATING IN THE PUBLIC INTEREST THE USE OF STREETS AND ALLEYS AND OTHER PUBLIC WAYS'IN THE CITY OF LUBBOCK; DEFINING CERTAIN WORDS AND PHRASES USED THEREIN; PROVIDING CO'':SPLIANCE BY ALL PERSONS USING THE PUBLIC WAYS; ESTABLISHING EXCEPTIONS FOR EMERGENCY VEHICLES; REQUIRING CO'IPLIANCE WITH AND REGULATING USE OF STREETS AND INTERSECTIONS WITH OFFICIAL TRAFFIC CONTROL DEVICES AND SIGNS; ADOPTING '.'ORDING AND COLORS FOR SUCH SIGNS AND DEVICES AND THEIR USE IN A TRAFFIC CONTROL LEGEND FOR PEDESTRIANS AND VEHICULAR TRAFFIC; MAKING IT UNLAIPT'UL TO DISPLAY UNAUTHORIZED SIGNS, SIGNALS OR MARKINGS, AND STAT- ING EXCEPTIONS; AND PROHIBITING THE✓ ALTERATION AND DEFACING OF SUCH DE- VICES; FURTHER PRESCRIBING REEGULATIONS FOR STOPPI'_NG, STANDING AND PARKING IN COMPLIANCE WITH OFFICIALLY ERECTED SIGNS AND SIGNAL DEVICES .AND CURB MARKINGS; PROHIBITING USE OF STREETS FOR THE SALE, WASHING AND GREASING OR REPiiIR OF VEHICLES; PROHIBITING DRIVING THROUGH FUNERAL PROCESSIONS; PLACING LIIt1ITATION ON TU10ING IN STRMTS, BACKING INTO INTERSECTIONS; EMERGING FROM AND ENTERING INTO ALLEYS OR PRIVATE DRIVEWAY; REGULATING RIDING OF' BICYCLES, MOTORCYCLES, COASTERS, SLEDS, ROLLER SKATES; PROHIBIT- ING DRIVING MOTOR VEHICLL WHILE INTOXICATED, AND WANTON DISREGARD FOR SAFETY OF OTHERS WHILE D�;IVING VEHICLES; ESTABLISHING STEED LIMIT; REGU- LATING PART OF STREET TO BE USED UNDER VARYING CIRCUMSTANCES; DIRECTING USE OF STREETS ITARKED IINTO LANES; rROVIDING USE OF SIGNALS BY VEHICLE OPERSTORS; LSTABLISHING RIGHT OF WAY RULES ,ND YIELDING OF RIGHT OF WAY TO EMERGENCY VEHICLES; MAKING IT UNLAWFUL FOR OTHER THAN AUTHORIZED EMER - GENCY VEHICLES TO USE BELLS OR SIRENS; ESTABLISHINTG MISCELLANEOUS PULES RELATING TO PARKED OR UNATTENDED MOTOR V1HICLES; OBSTRUCTION TO DRIVERS VIEW; LOADS EXTENDING FROM VEHICLES; FOLLOWING FIR APPARATUS; CROSSING FIRE HOSE; DISCARDING GLASE,, NAILS, ETC. IN STREETS; THE REMOVAL OF NRECKED VEHICLES; BICYCLES TO BE EP,UIPPED WITH LAMPS; DEFINING THE TERM [NEGLIGENT COLLISION AND PRESCRIBING THE DUTY OF FER"ONS INVOLVED IN ACCI- DENTS RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY AND DEATH, INFORMATION w TO BE GIVEN BY PERSONS SO IiLTVOLVED, INCLiTDING ASSISTANCE TO INJURED PER- SONS, DUTY UPON STRIKING UNATTENDED VE-TICLES OR FIXTURES UPON STREETS; AND TO REPORT ACCIDENTS; PROVIDING COORDINATED USE OF INTERSECTIONS BY PEDESTRIANS AND VEHICLES, ESTABLISHING RIGHT OF WAY RULES AND REQIUIRING DUE CARE TO AVOID COLLISION; ESTABLISHING SAFETY ZONES FOR BUS PATRONS; PROHIBITING BOARDING AND ALIGHTING FRO-r MOVING VEHICLES, RIDING ON OUT- SIDE OF VEHICLES AND DRIVING THROUGH SAFETY ZONE; HEOUIRING HEADLIGHTS, BRAKES, ;'INDSHIELDS AND WINDSHIELD WIPERS, REAR VIE17 MIRRORS AND MUFFLERS ON 'TOTOR VEHICLES; PROVIDING FOR INSTALLATION OF SIGNAL DEVICES AND SIGNS AND ZONES BY THE CITY COTRIISSION; DBSIGNATING PLACES FOR LOADING AND UNLOADING B1 PASSENGERS; TROHIBITING UNAUTHORIZED lLiRKING OF CURBS AND STREETS; ESTABLISHING PARKING RULES IN BUSINESS DISTRICTS; PROVIDING FOR THE IMPOUNDING OF ABANDONED VEHICLES; PROHIBITING USE OF LOUD SPEAKERS AND AITPLIFIERS ON VEHICLES FOR ADVER- TISING AND ENTERTAINJAENT PURPOSES OR OTHER PURPOSES EXCEPT AS AUTHORIZED BY THE CITY COi.ii,TISSION BY LICENSE OR PERMIT; PROHIBITING USE OF BANDS OR ORCHESTRAS ON STREETS AND SIDEWALKS FOR ADVERTISING; PRESCRIBING ENFORCEMENT DUTIES; PROVIDING PROVISIONS OF 'PHIS ORDINANCE SHALL NOT REPEAL PARKING METER ORDINANCE; EXPRESSLY REPEALING ORDINANCES NOS. 571 116, 141, 199, 234, 248, 265, 284, 301, 346, 357, 401, 403, 404, 424, 453, 463, 499, 520, 551, 552, 565 AND 575, AND EXPRESSLY SAVING THE PROVISIONS OF ALL ORDINANCES, RESOLUTIONS AND ORDERS ESTABLISHING "BOULEVARDS" AND REGULATING THE APPROACH OF VEHICLES THERETO, AS WELL AS THE PRO- VISIONS OF ORDINANCE NO 614, RELATING TO COURTHOUSE SAFETY ZONES AND ORDINANCE NO. 840 RELATING TO TRAFFIC CONTROL ON TEXAS TECHNOLOGICAL COLLEGE CAMPUS AND FURTHER PROVIDING FOR CONSTRUCTION OF.THE TRAFFIC ORDINANCE CONSISTENT! WITH PRO- FISIONS OF THE UNIFORPJI TRAFFIC LAWS OF TEXAS; PROVIDING PENALTIES AND PROCEDURE ON ARREST; SAVINGS CLAUSE AND PRESCRIBING DUTIES OF CITY ShCRETAhY AND MANNER OF PUBLICATION AS PROVIDED BY CHAPTER 264, IMAGE 463, ACTS 1947 OF THE 50a,H LEGI:_)LATURE AND EFFECTIVE DATE. Motion by '-'ommissioner Whiteside, seconded by Commissioner Hufstedle r, carried unanimously, Ordinance No. 891 passed first reading. ORDINANCE NO. 891 AN ORDINANCE PROHIBITING THE USE OF RADIOS AND OTHER SOUND PRODUCING MAGWMS IN BWNECTION WITH AMPLIFIERS FOR ADVERTISING, ENTERTAINING AND OTHER PURPOSES IN THE STREETS, ON SIDEWALKS, IN DOCKS, WINDOWS AND OTHER OPENINGS OF BUILDINGS; ESTABLISHING EXCEPTIONS AND PROVIDING PENALTIES. Motion by Commissioner Hufstedler, seconded by Commissioner Whiteside, carried unanimously, to accept the following proposal of Ance M. EngliAh and M.W. McCarty, in connection with purchase of land for Avenue "A",bth St right of -way, consideration being $82$.77. To the City Commission Lubbock, Texas OOTOBER 239 1948 The undersigned are the sole owners of the following described tracts of land, not joined herein by our wives because the hereinafter described property is not now hor has same ever constituted our homestead or any portion thereof, to -wit: That portion of Lots 12, 13 and 14, Block 31, Original Town of Lubbockl Lubbock County, Texas, as hereinafter described by metes and bounds: We propose and offer to convey by warranty deed to the City of Lubbock the following described part of the above described tracts of land said part being described as follows, to -wit: That part of Lots 12, 13 and 14, Block 31, Original Town of Lubbock, Lubbock County, Texas, described by metes and bounds, as follows, to -wit: BEGINNING at the Southeast corner of, Lot 12, Block 31, aforesaid • 'PiENEE WEST 46.86 feet; THENCE North 310 50' rest a distanceof 91. 81 f eet ; THENCE East '94.81 feet; THENCE South 78 feet to the place of beginning, containing 5, 525.13 square feet, more or legs. 4agree to deliver to 'ity a complete abstract showing merchantable ti tle in the undersigned and -to duly execute and deliver to the amity general warranty deed upon acceptance title by the City, and payment or tender of payment to us- 0y theo ity, the sum #$2$.77. For the additional consideration to be paid by the 6ity of Lubbock in the sum of None Dollars, we do hereby agree that we will forthwith remove all fen—ces, buildings, structures and other obstruc- tions as may be found upon said property to be conveyed, said consideration to be paid to the persons entitled thereto when such obstructions have been moved, which said amount is the agreed total damages sustained and/or to be sustained by the undersigned and all other persons having an interest in the above described tracts of land. This offer is made subject to the acceptance by the City of Lubbock of title to the aforement4oned property on the basis of title as shown in the Abstract of Title submitted to the pity of Lubbock herewith. This proposal is submitted subject to due acceptance by the governing body of the 'ity of Lubbock. Yours truly, (Signed) Ance M. English it M.W. McCarty Accepted by the governing Body of the laity of Lubbock, this 28 day of October, 1948. W �H Rodgers Mayor. Attest: Lavenia Williams City Secretary Motion by Commissioner `rice, seconded by commissioner Spikes, carried unanimously, the following Resolution was passed. RESOLUTION BE IT KNOWN that on this the 28th day of October, 1948, at a regular meeting of the City Commission of the ity of Lubbock, Texas, there came on to be considered the matter of the execution of a license between the said City of Lubbock, Texas, and Panhandle and Santa Fe Railway Company relating to power line crossing over Railway (bmpany's Main Track at Mile Post 672, plus 5226.4 feet, near said City of Lubbock whereupon the following proceedings werlhad: It was moved, seconded and unanimously voted that W H Rodgers, Mayor, be authorized and empowered to execute on behalf of the pity of Lubbock, Texas, such license, copy of which is hereto attached, and the same be recorded in the Minutes of the City Commission at th-e foot of this resolution. (This being power line crossing Santa Fe tracks 1/2 mile west of `'ity's new Power Plant Northeast of the City, crossing Amarillo branch of Santa Fe). The following recommendations were made by City 4"anager M.R.Smith,Jr, r "That G.E. Jarvis be appointed Director of Public health of the pity of Lubbock, and in this position he would be administrative head of the Health Department, directly responsible for providing general administrative direction to all Rublic Health activities" also "That Dr. L.B. Wood be appointed as City health Officer, at a salary of Two Hundred Fifty ($250.00) Dollars per month". After consideration of the two above reap mmendations regarding the Health Department, motion was made by Commissioner Whiteside, seconded by Commissioner S ikes, carried unanimously, that the recommendations of the City "anager to accepted and that G E Jarvis be appointed Director of Public Health of the City of Lubbock- and that Dr. L.B. Wood be appointed as City health Officer of the City of Lubbock, at a salary of $250.00 per month, effective November .1, 1948. Motion by commissioner Spikes, seconded by ;Commissioner Whiteside, carried unanimously, Ordinance No. 892 was passed: ORDINANCE No. 892 AN ORDINANCE ESTABLISHING THE OFFICE OF LOCAL REGISTRAR uF BIRTHS AND DEATHS FOR THE CITY OF LUBBOCK UNDER THE PROVISIONS OF ARTICLE 4477, REVISED CIVIL STATUTES OF TEXAS; PROVIDING FOR THE COLLECTION OF FEES; PROVIDING FOR THE COLLECTION AND DISPOSITION OF FEES AND THE FEES TO BE COLLECTED; ADOPTING FORMS; ESTABLISHING THE DUTIES OF THE LOCAL REGISTRAR; AND PROVIDING FOF�&HE APPOINTMENT OF A DEPUTY REGISTRAR; AND DECLARING AN EMERGENCY. Motion by commissioner Price, seconded by Commissioner Whiteside, carried unanimously, the following Resolution was passed: RESOLUTION WHEREAS, the pity Commission has heretofore provided by Ordinance No. 892 for the appointment of a Local Registrar of Births and Deaths for the City of Lubbock, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT, the following designated officer of the Lity of Lubbock BE, And he is hereby appointed Localand Deaths. G.E. Jarvis, Director of Public Health. Passed and approved by Unanimous 28t h day of Uctober, 1948. Attest: Lavenia Williams City Secretary. Hon. Bill Rodgers, Mayor City of Lubbock, Texas Sir: vote of the City C ommission this W H Rodgers Mayor July 21, 1948. I, C.L. Rexroat, and wife, Mrs. C.L. Rexroat, individually, and, I, C.L. Rexroat, as next friend of Marcia Ann Rexroat, and of Cleta Rexroat, and of Sina Mae Rexroat, now file their claim against the City of Lubbock, Lubbock County, Texas, for damages resulting from an unauthorized, unwarranted and criminally negligent and malicious raid upon their premises and in their home at 509 14th Street in the (dity of Lubbock, Lubbock County, Texas, on or about July 15, 1�48, at approximately 10 ; 00 o'clock P.M. by three unidentified policemen of the 'ity of Lubbock, Damages clamed are in the amounts set out below: For C.L. Rexroat, individually, 45,000 actual damages, $20,000 exemplary damages; For Mrs. C.L. Rexroat, individually, $5,000 actual damages, $20,000 exemplary damages; For C.L. Rexroat, as next friend of Marcia Ann Rexroat, $5,000 actual damages, $20,000 exemplary damages; For C.L. Rexroat, as next friend of Cleta Rexroat, $5,000 a:tual damages, $20,000 exemplary damages; For C.L. Rexroat, as next friend of Sina Mae Rexroat, 45,000 actual damages, $20.000 exemplary damages; Damages claimed for the above parties are in the total amount of $125,000.00. This claim is filed to conform to the requirements of provisions in the Charter of the City of Lubbock, Lubbock CoUNTY, Texas, relating tot he filing of claims against said city. This the 21st day of July, 1948. C.L. Rexroat, Individually �I C.L. Rexroat, as next friend to Marcia Ann Rexroat, Cleta Rexroat and Sina Mae Rexrcat. Mrs. C.L. Rexroat by (Signed) Grady Hest Grady West, Attorney at law and in fact. In connection with the above claim, letter of date October 28, 1948, was read to the "ity Commission, wherein Grady West, Attorney, recommended settlement, in this connection, in th9fimount of $1,250.00. "hereupon, motion was made by Commissioner trice, seconded by Commissioner Hufstedler, carried unanimously, that the claim be denied. Motion by Commissioner Hufstedler, seconded by ''ommissioner Spikes, carried unanimously, the following Resolution was passed: RESOLUTION BE IT KNOWN, that on this the 28th day of October, 1948, at a regular meeting of the "ity commission of the Uity of Lubbock, Texas, there came on to be considered the matter of the execution of a lease between the said City of Lubbock, Texas, and Panhandle and Santa Fe Railway Company relating to sites for two water wells and pump houses on Railway Company's property near said City of Lubbock, whereupon the following proc eedinp., s were had: It was moved, seconded and unanimously voted that W.H. Rodgers, Mayor, be authorized and empowered to execute on behalf of the ity of Lubbock, Texas, such lease, copy of which is heretD attached, and the same be recorded in the Minutes of the City Commission at the foot of the resolution. (This being for waterwell sites approximately five (5) miles west of Lubbock on Clovis branch of Santa Fe right-of-way) Request having been made by Hubert L. Stovall to enlarge his food store at 2301 15th Street in Lubbock, such request being of record at Page 176, Minute 'gook 8, wherein the "ity Manager was instructed to meet with the Board of Adjustment of the Zoning Ordinance, also the City Planning Commission, in this regard. After the City `'`anager met with the two above mentioned committees, the following letter was read to the "ity Commission in this regard. CITY PLANNING COMMISSION CITY HALL LUB BD CK , T EXAS Oct. 11, 1948. The Honorable ''ity Commission Lubbock, Texas - Gentlemen: Pursuant to your request, submitted by Mr. Vaughn E. Wilson, for our consideration and recommendation regarding change in the zoning ordinance for the Board of Adjustment's benefit in hand- ling hardship cases. Our zoning sub -committee, Messrs. Grant and Murdough, with Messrs. Wilson, Smith and Oldham, met with the board of Adjustment on Friday 8th. After a two hour discussion, the following evolved: that some have the erroneous belief that maintenance and repair of non -conforming structures can not be undertaken, but that the reverse is true under the ordinance, and that many requests have been granted by the Board of Adjustment. That the present ordinance - Sec. XXIII, paragraph (a) , is very broad in the power granted the Board of Adjustment to make exceptions to the ordinance. One particular exception being Mr. Stovall's granted request to build a residence in rear of grocery when the remaining lot area was only about 50% of ordinance requirements. That the Board of Adjustment considers all reasonable requests have been granted. This evidenced by the fact that no adverse decisions have been appealtd to a court of law, obviously reflecting that adverse decisi have been rendered with full justice and equity to the general public. That the Board of Adjustment considers the authority given under paragraph (A) of Sec. XXIII to be sufficient for making exceptions and sees no reason to change the ordinance. In view of the above, we recommend that no change me made. Respectfully, cc Mr. G H Nelson, Chairman, Mr. R.L. Oldham, Secretary. LUBBOCK PLANNING COMMISSION BY jSigned) K.N. Clapp K N Clapp, Chair. Board of Adjustment, Planning_ _!=mission. Motion by Commissioner Hufstedler, seconded by ''ommissioner Price, carried unanimously, to authorize the Mayor, W. H. Rodgers, to exe0ate the following contract between the City of Lubbock and Frank Gray and Mrs. Jimmie Standefer, in connection with use of Section 11, Block "B" Lubbock County, Texas, in disposal of effluent from Sewage Treatment Plant. State `of Texas X X County of Lubbock X KNOW ALL MEN BY THLSE PRESENTS: THAT the City of Lubbock, here called CITY, and Frank Gray and wife L'Ars. Lily W. Gray, and Mrs. Jimmie Standefer, here called OW'L\MRS, do hereby enter into the fol- lowing agreement: WHEREAS, the OWNERS have heretofore granted the CITY an easement for the con- struction, maintenance and operation of pipe lines, earthen storage tanks and ditches for the purpose of storage and transportation of sewerage e.'Iluent on a part of 6ection 11, Block B, Lubbock County, 'Texas, described in said easement, and that part of said section owned by them is substantially in cultivation and OWNERS desire to use the effluent for farming and other purposes on said lands and the CITY needs access to additional lands for the proper dis rosal of such effluent, and whereas, the CITY is about to prepare plans and specifications for the construction of pipe lines, tanks and ditches on that part of Section 11, Block B, described in said easeme nt, to which reference is here made for a better des- cription of the location thereof, the 011EI RS and the OITY in consideration of the mutual benefits secured by the execution of this contract do hereby agree as follow: : That the City of Lubbock will timely pre -pare plans and snecifi cations for the pipe lines, tan�-s and ditch;;s and thereafter construct the same, and upon the com-letion of the project the CT�.NIERS agree to accept and take up to five(5) million gallons of effluent per day average, at and from the pipe line and storage tank and to use or otherwise distribute such effluent on said section in a manner reas.-nabl,y calculated not to create a nuisance to adjoining or near- by residents or property owners and that Ob"HERS will construct such dams, dikes and ditches and so cultivate said land and plow the same in a manner as may be reasonably necessary to prevent spreading of the effluent to lands not owned by, or under control of the OWISERS, and OWMRS further agree that they will indemnify and hold harmless the CITY against any and all costs, losses ord-amages of any nature occasioned by UVIVILxb failure to comply with the provisions of this agree- ment. It is understood that the Amicable Life Insurance Company of Waco, Texas, holds the only outstanding lien against Section 111, Block B, and that if at any time the OVITERS, their heirs or, assigns permit from any cause, said loan or any renewal or extension thereof, or any taxes to become delinquent, that the CITY shall have the right and privilege, at its option, to ray any such delinquencies and/or to pray said loan in whole or in part, and shall thereby be subrogated to all rights, privileges and remedies of the holders of any such liens or claims, and such right here giver to the CITY shall extend to any and all encumbrances of every nature created or to exist against said lands. That OWNERS will at all times furnish supervision for the purpose of rrorer- 1,y disposing of the effluent on that part of said Section 11, Block B, now owned by them. OWNERS ag; ee that the present Method of producing and the chemicals used in treating the sewage matter, produces effluent both acceptable and desirable for irrigating cotton and livestock feed stuffs, and is usable in the growing and production of livestock and the CITY agrees that in the event it shall hereafter substantially change the method or manner of treating the sewa;;e matter that it will give OWNERS at least thirty (30) days notice of such change or proposed change so that the OWNERS may determine whether such change produces effluent unfit for agricultural rurposes and/or poisonous to livestock, and OWNERS shall, within thirty (30) days from receipt of such notice, advise the Governing Body of the City of Lubbock in writing whether or not the '�'"TNERS will continue to accept the effluent following such change, an:'. the 017INTERS shall state in such notice the ingredients which will render the effluent unfit for agricultural rur- poses and roisonous to livestock. Upon receipt of such notice, the Governing Body of the City of Lubbock may make such disposition of the effluent thereafter on other lands as in its judgment may be deemed expedient and OWNERS, their h'birs and assigns hereby waive any and all damages and claims therefor which may or might accrue to -them jointly or severally by reason. of any disrositioh of the effluent thereafter made by the Governing Body. It is further agreed that the CITY will cooperate with 0VM- RS in the dis- tributi )n of effluent to existing reservoirs and those hereafter constructed by the City of Lubbock, to the extent that such effluent can be stored, transported or otherwise haiidled by the then existing pumping facilities and lines, PROVIDED that the capacity of such pumps, lines and reservoirs shall be determined by the Governing Body of the City of Lubbock and its ,judgment shall be final. That the OWNERS, their hens or assigns, are hereby T rivileged to make arrangements with other property cwners for disposing -,f the effItIgnt on other lands PROVIDED HOWEVER„ that before any such disposal is arran�,ed for or made, the Governing 1'ody of the city of Lubbock shall have authorized the same by resolution at a Regular or Specie Session of the City Commission and the 01'1\rFRS their heirs and assign's, and the persons to whom the dispose 1 ,of the effluent is " to be made have complied with the conditions stated in such resolution, provided however, that such effluett shall never be. handled, stored or disposed of in a by residents or property owners in the rrarin.er which will or may be calculated to create a nuisance to adjoining or near_ vicinity. The OWN-�RS hereby agree to execute and deliver to the CITY concurrently with the execution of this instrument , a bond payable to the city of Lubbock in Lubbock, Texas, in the amount of TWO THOUS-ZD ($2,000.00) DOLLARS, conditioned for the faithful performance of this contract by the owners their heirs and assigns, but this provision shall never be construed as a waiver of, or to re- lease the OWNERS, their heirs and a asigns, of any liability of indemnity or otherwise in f avor of the City of Lubbock, In the event the OWNERS she 11 d esire t o sell or otYs, rwise dispose of all or any part of said Section 11, Block B, Lubbock County, Texas, notice of such intention shall be given in writing t o the City- of Lubbock, which shall have an option to purchase at the price agreed upon between the parties, and in the event the CITY does not exercise such option within thirty (30) days after receipt of such notice and all or any part of said section is sold or otherwise disposed of by OWNERS, whether the same be done prior or supsequent to the execution of this contract, or if for any other cause any provision of this contract is breach- ed by OVMRS, the it heirs or assigns, the CITY is hereby granted the free and un- obstructed right and privilege of entering upon that part of said -mection of land now owned by them for the purpose of continuing the disposition of effluent for a period not exceeding six (6) months, and upon any such sale, abandonment, or breach of any provision of this contract by the OWNERS, their heirs or assigns, the CITY shall have the full right to declare and determine the termination of this contract and shall have the right and is hereby fully authorized to enter urnon said lands and retain possession thereof in the event of such breach or abandonment, for a period of six (6) months, for the purpose of continuing the disposal of such ef- fluent. That the provisions of this contract shall never be construed to diminish or in any manner abate the easement and right incidental the re to , heretofore granted to the CITY by the OWNERS for the construction, maintenance and opera- tion of pipe lines, earthen storage tanks and ditches on that part of Section 11, block B, described in said easement. That the OWNERS hereby inderendently contract to dispose of the effluent delivered by the CITY under the provisions of this agreement and to furnish all supervision, labor and instrumentalities necessary or incidental to ?)ro- per disposal of the effluent on that part of Section 11, Block B, now owned'by them, not indluded in the easement, (heretofore granted the CITY by the OWNERS ), and the CITY shall exercise no supervision or control over the method used by the OWNERS, their heirs and assigns, to dispose of such effluent on said land except during the six (6) months period that theCITY shall be entitled to possession of said lands undet, that portion of this agreement relating t'o sale, abandonment, b eaches and termination of this contract and any such entry on, or possession of such lands by the CITY shall never be construed as a waiver by the CITY of any claims against the OWNERS, their hears and assigns. This agreement entered into this the 23 day of November, 1948, and shall extend for a period of ten (10) ikears. Executed in triplicate this 23 day of November, 1948, at Lubbock, Texas. (Signed) Mrs. _Jimnie_Stand6fer_r_� it J__Frank _Gray _--_--_ if -Mrs.-Lily W. Gr_�_____�____ OWNER'S CITY OF LUBBOCK (Signed) BY W_H_ -RODGERS --------- ; Ta y o r A LTE ST : Lavenia Willaims (Signed) City Secretary ( SEAL ) STATE OF TEXAS X COUNTY OF LUBBOCK X BEFORE NE, the undersigned, a Notary lublic in and for Lubbock County, Texas, on this day personallyappeared Frank Gray and Lily W. Gray, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed, and the said Lily W. Gray, wife of the said Yrank Uray, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Lily W. Gray, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and- consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER IN HAND AND SEAL OF OFFICE, this 18 day of November, 1948. (Signed) Owen W. McWhorter (SEAL) Notary Public, Lubbock County, Texas STATE OF TEXAS X COUNTY 7F LUBBOCK X BEFORE :'E, the undersigned, a Notary Public in and for Lubbock County, 'Texas, on this day personally appeared Mrs. Jimmie Standefer, a fame sole, known to me to be the person whose name is subscribed to the foregoing instrument and ack- knawledged to me that she executed the same for- the purposes and consideration therein expressed. GIVEN UNDER 1AY HAND AND SEAL OF OFFICE, this 17 day of November, 1948. Owen. W. McWhotter ( SEAL) Notary Public, Lubbock Uounty!'Texas ---------------------------------------------------------------------------------------- STATE OF TEXAS X COUNTY OF LUBBOCK BEFORE 1E, the undersigned, a Notary rublic in and for Lubbock County, Texas, on this day personally appeared W.H. Rodgers, Mayor of the City of Lubbock, 'mown to me to be the person whose na_ne is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER 11Y HAND AND SEAL OF OFFICE, this 23 day of November, 1948. ( SEAL) Roxie D. Lewis Notary Public, Lub767k7C37Hty, lexas� Ric further -bus1nbss, c mtil g up for co ntiderAtion, the City Commission messed to meet November 8, 1948, at 1 olclock F.M. Read and approved this the _ -fib day of ATTEST: r RECESSED REGULAR MEETING. November _ -_, 1948. Lubbock, Texas Nov. 8, 1948. The City Commission of the City of Lubbock, Texas, met at 1 P.M. in recessed regular session, recessed from Regular Meeting of October 28, 1948, at the re -ul&x meeting place in the City hall, the following members thereof being present , to-i,rit : Mayor W.H. hodgers, Commissioners W.B. Price, E.K. Hufstedler, Jr., Clarende K. Whiteside, John Spikes, amity Attorney Vaughn E. Wilson, City Manager M.R. Smith,Jr., City Secretary Lavenia Williams. Absent: None. Motion by I-ommissioner Hufstedler, seconded by "ommissioner Whiteside, carried unanimously, that pity Attorney Vaughn E. Wilson be authorized and instructed to settle Suit No. 14M styled Pat Briggs and Alton Briggs d/b/a Ellwood Service Station, vs. the City of Lubbock, Texas, in 99th District Court, Luhbock, Texas, to the best advantage of the City of Lubbock, This suit having been occasioned by the widening of 19th Street. No further business coming up for consideration, the Gity Commission recessed to meet November 10, 1948, at 1:30 P.M. Read and approved this the - loth day of ATTEST: City Sec to ry