HomeMy WebLinkAboutMinutes - City Council - Regular - 9/9/1948REGULAR MEETING.
Lubbock, Texas
September 9, 1948,
The City Commission o2' 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. Price, E.R. Hufstedler, Jr.,
John Spikes, Clarence K. Whiteside, City Attorney Vaughn E.Wilson,
City Manager M.R. Smith, Jr., City Secretary Lavenia Williams.
Absent: None.
The Minutes of Regular meeting of August 26, 1948, Recessed regular
meetings of August 30, September 1, September 7 and September 8, 1948,
were read, and upon montion by Commissioner Hufstedler, seconded
by Commissioner Whiteside, carried unanimously, they were approved.
Motion by Commissioner Spikes, seconded by Commissioner Whiteside,
carried unanimously, Ordinance No. 884 passed second and final
reading.
ORDINANCE NO. 884
AN ORDINANCE LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION
WITHIN THE CITY O� LUBBOCK, TEXAS, FOR THE SUPPORT OF THE CITY FOR
THE7YEAR 19489 APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND
ITEMS FOR WHICH REVENUE MUST BE RAISED, LEVYING AN OCCUPATION TAX
UPON ALL OCCUPATIONS TAXABLE AND FIXINr THE TIME IN WHICH SAID TAXES
BE PAID, AND ASSESSING PENALTY AND INTEREST FOR THE NOW PAYMENT OF
SUCH TAXES WIT9IN TEN TIME SET.
Motion by Commissioner Whiteside, seconded by Commissioner Hufstedler,
carded unanimously, Ordinance No. 885 passed second and final reading.
ORDINANCE NO. 885
AN ORDINANCE ABANDONING AND CLOSING THE ALLEY BETWEEN BLOCKS 8
AND 9, SOUTHSIDE ADDITION TO THE CITY OF LUBBU CK .
This being the date set for Public Hearing on proposed zone change
from C to an "H" District on 1/4 of Block 195, S.W. 1/4 of
Block 196, East 1/2 of Block 211, West 1/2 of Block 212, N.E. 1/4
of Block 227 and N.W. 1/4 of Block 228, all in Original Town of
Lubbock, Texas, "Notice of Hearing" being of record at Page 186,
Minute Book 8; no one appearing to protest such zone change, motion
was made by Com. Spikes, seconded by Com. Hufstedler, carried unanim-
ously, that the hearing be closed.
Motion by Com. Spikes, seconded by Com. Hufstedler, carried unanimously,
Ordinance No. 886 passed first reading. Commissioner Whiteside being absent
from the room at the time this action was taken.
ORDINANCE NO. 886 _
AN ORDINANCE AMENDING ORDINANCE NO. 6619 SO AS TO TAKE THE SOUTH-
EAST ONE -QUARTER (SE 1/4) OF BLOCK 195, SOUTHWEST ONE -QUARTER (SW 1/4)
OF BLOCK 196, EAST ONE-HALF (E 1/21 OF BLOCK 211, WEST ONE-HALF
�� P Z. (W 1/2) OF BLOCK 212, NORTHEEiST ONE -QUARTER (NE 1/4) OF BLOCK 227
AND THE NORTHWEST ONE -QUARTER (NW 1/4) OF BLOCK 228, ALL IN THE ORIGINAL
TOWN OF LUBBOCK, OUT OF A "C" ZONING DISTRICT AN PLACING THEM IN AN
*'H" ZONING DISTRICT.
Ordinance, prohibiting dogs from running at large, was presented to
the City Commission, and was taken under advisement.
Motion by Commissioner Hufstedler, seconded by Com. Spikes, carried
unanimously, that 1946 taxes on Lots 7 to 10, Block 67, Original Town
of Lubbock, Texas, in the amount of $13.40, be cancelled, because
of this being property occupied by a church.
Motion by Commissioner Hufstedler, seconded by Commissioner Whiteside,
carried unanimously, that taxes for 1946 and 1947 on Lot 34, Block 2,
Hankins Addition, in the amount of $40.50, be refunded. Assessment
for these two years made in error for improvements which have been
removed from the property. The tax having been paid by Wm. D. Green
Estate, and refund to be made to Wm. D. Green Estate, in the above
amount.
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Motion by Commissioner Hufstedler, seconded by Commissioner Whiteside,
carried unanimously, the following Resolution was passed.
R E S O L U T I O N
BE IT KNOWN that on this the 9_ day of Sept.
1948, at a regular meeting of the City Commission of the City 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 125 feet of an
eighteen -inch City storm sewer crossing over Railway Company's proper-
ty being Lot 8, Block 16, between 4th and 5th Streets, whereupon the
following proceedings were had:
It was moved, seconded and unanimously voted that
w_ W.H. Rodgers ---, Mayor, be authorized and empower-
ed to execute on behalf of the City of Lubbock, Texas, such license,
copy of which is hereto attached, and the sar=e be recorded in the
Minutes of the City Commission at the foot of this resolution.
J.
STATE OF TEXAS )
) ss
COUNTY OF LUBBOCK)
I, Lavenia Williams , City Secretary do here-
by certify that the above and fore�go�ng is a true and correct copy of
a resolution passed by the City Commission, of said City in regular
session on Sept. 9, 1948, as the same appears of record
in Book 8 _, Page , Minutes of said City Commission.
IN TESTIMONY WHEREGF, W-1theigs my hand gild the Seal of said
City, this 9 day of September w_ w, 1948.
Lavenia Williams
C t Secrre�ary
( SEAL)
There was consideration of the offer of Pat and Alton Briggs,
in the amount of $750.00, for settlement of suit 19th Street and
College Avenue, and it was unanimously agreed that the offer be
rejected and that the City Attorney be authorized to defend this suit.
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Motion by Com. Price, seconded by Com. Whiteside, carried unanimously,
that the Civil Service Rules of the City of Lubbock Fire and Police
Departments as submitted by the Civil. Service Commission, be approved
with''be Sections 97 and 147 changed to read as follows:
Rules and Regulations Police and Fire Department.
Section 97; Eligiblli-ty for the Department Head;
The appointment of the Department Head of the Fire Depart-
ment and Police Department, shall be made from the Personnel of the
Departments or from the Personnel of some Fire or Police Department
within the State of Texas. Such Department Head shall have had not
less than five (5) years immediate actual service in some Fire or
Police Department within the State of Texas. The Department Head
of the Fire and Police Department shall be appointed by the Chief
Executive of the City and shall be confirmed by the Governing Body.
Section 147 - Approval required:
Every change in the rules finally adopted by the Commission
shall be submitted to the Governing Body of the City for its
consideration and approval.
CIVIL SERVICE RULES
FOR
THE CITY OF LUBBOCK
RULE L . DEFINITIONS
SECTION 1. "Allocate" means the act of assigning each position,.to
its proper class.
SECTION 2. "Appointment" means the designation of a person by the
chief executive to become an employee in a position.
SECTION 3. "Certify" means the act of the Director, in supplying
the chief executive with the names of applicants who are eligible
to appointment to the class and positions for which certification is
re,�uested.
SECTION 4. "Chief executive" means the officer of the city having
the final authorityto make the appointment to the position to be
filled, being the City Manager.
SECTION 5. "Civil Service Law" means Chapter 325, Acts of Texas
Legislature, Regular Sess on, 1947.
SECTION 6. Civil Service Ordinance" means Ordinance No. 862 of the
City of LubbocZ_.whicscreates a�i -establishes the civil service
system for Firemen and Policemen, adopted and nppmoved by the ,governing
body of the city on the 26th day of February, 1948.
SECTION 7. "Class" means a position or group of positions that involve
similar duties and responsibilities and require similar qualifica-
tions and which is properly designated by one title indicative of
the nature of the work.
SECTION 8. "Classification Plan" means and consists of the following:
(_aj I grouping Tsto classes of positions which are of
approximately equal difficulty and responsibility.
(b) Class titles, descriptive of the work of the class,
which will identify each class.
(c) Written class specifications for each class of positions,
containing a description of the nature of work and
of the relative responsibility of the positions in
the class, illustrative examples of work performed
in the class, requirements in terms of knowledges,
abilities and skills necessary for performance of
the work and 96tatement of experience and training
desirable for recruitment into the class.
SECTION 9. "Classified service" means the members of the Fire Depart-
ment and the Pol ce department as defined below: (1) Firemen means,
one who engages in the fighting and extinguishment of f res.
(2) Policemen means one who engages in the actual enforcement of
laws and the maintenance of public order. Provided, that the chief
or head of the Fire Department and the chief or head of the Police
Department shall not be included in the classified service.
SECTION 10. "Commission" means the Firemen's and Policemen's Civil
Service Commission of the city.
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SECTION 11. "Demotion" means the transfer of an employee from a
position in one Qlass to a position in another class for which the
maximum rate of pay is lower, or a reduction in pay without such
transfer unless such reduction is part of a general plan to reduce
salaries for that class of emplyment.
SECTION 12. "Department head" means the chief or head of the Fire
Department and or the chief or head of the Police Department.
SECTION 13. "Director" means the Director of Firemen's and Policemen's
Civil Service designated by the Firemen's and Policemen's Civil
Service Commission to act in the capacity of Secretary to the Commission
and Director of Titil Service.
SECTION 14. "Eligible" means a person listed on an active eligible
list and who has rights under these rules to be certified.
SECTION 15. "Eligible list" means the list of applicants for a posi-
tion who have taken the examination and passed, ranked on the list,
in order of the score received.
SECTION 16. "Employee" as used in these Rules means a Fireman or
Policeman as def ned under "Classified Service" above.
SECTION 17. "Position" means a group of current duties and responsi-
bilities assignecor7elegated by competent authority, requiring
the services of an employee.
SECTION 18. "Promotion" means a change from one grade to a higher
grade or rank, or 7 c tinge in duties or in title involving a distinct
change in duties for which there is required a promotional examination,
either written or unwritten. Promotion shall always mean an increase in
responsibilities.
SECTION 19, "Public hearings" means an ofportunity given after public
notice of at least-heave days for any citizen or party interested to
appeal and be heard at reasonable length on the matter involved.
SECTION 20. "Reinstatement list" means a list according to class and
department of persons, arranged in the order provided by these Rules,
who have previously occupied positions in"the classified service and
have been laid off from active service in accordance with these Rules
and who may be certified for appointment to such posit,6ons when
vacancies occur.
SECTION 21. "Vacancy" means a position, duly created and not abolisheC
which is not occupied and for the filling of which a valid requisition
has been received by the Director.
SECTION 22. "Veteran" means an honorably discharged soldier, sailor,
or marine who has served in the army, navy, or marine corps of the
United States.
RULE 11. GENERAL PROVISIONS
SECTION 23. Using Official Authority. No person in the classified
service of the city shall use his official authority or influence to
coerce the political action of any person or body. No person shall
dismiss, or cause to be dismissed, or threaten to dismiss, or make
any attempt to procure the dismissAl of, or in any manner change the
official rank or compensation of any person in such service, because
of his political opinions or affiliations, or because of his giving
or refusing to give any contribution, money, or thing of value to any
party or person for any political purpose.
.SECTION 24. No Political Questions on Application. No question in
any examination, or form of application or other proceedings by or
under the Commission or their examinersasnll be so framed as to
elicit information concerning, or any other attempt to be made to
as.c,ertrain the religious creed or political opinions or affiliations
of any applicant, competitor, or eligible, and all disclosures
thereof shall be discountenanced by the Commission and its examiners.
No discrimination shall be exercised, threatened, or promised against
or in favor of any applicant, competitor or eligible, because of his
political opinions or affiliations.
SECTION 25. No Political Recommendations. No recommendations for
any applicant, comp tor, or eligible involving the disclosure of
his political opinions or affiliations shall be received, filed or
considered by the Commission or the chief executive.
SECTION 26. Like Penalties for Like Offenses. In making removals
or reductions, or in mposfng pena��ies-for =elinquency or misconduct,
in the classified service, penalties like in character shall be
imposed for like offenses and action thereon shall be taken
irrespective of the political opinions or affiliations of the offenders.
SECTION 27. Waiving of Rights. No public officer nor any administra-
tive employee acting f or public officer shall be permitted to require
a candidate for employment to sign any document whereby such candidate
for employment waives any ri�_ht or rights accruing to him finder
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the Civil Service Law or these Rules. No public officer shall require
an employee to waive any rights accruing to such employees under the
law and rules.
SECTION 28. Oath of Office. Every person hereafter employed in the
classified service by the city, before he shall be entitled to enter
ul on the discharge of his duties, shall take and file an oath or
affirmation in the form and language prescribed by the constitution
for executive, legislative, and judicial officers, which may be
administered by any officer authorized to take, within the state,
the acknowledgement of the execution of a deed for real property,
qr by any officer in whose office the oath is required to be filed.
The oath of every such employee shall be filed with the city secretary.
Every employee of the classified service when these Rules shall take
effect shall take and file such oath within thirty days thereafter.
The failure of such employees to take and file such oath shall
terminate his employment until such oath shall be taken and filed
as herein provided. The oath shall also state that the applicant
does not now subscribe to Communistic ideals or is not and has never
been a member or supporter of a Communistic Party.
RULE 111. GENERAL DUTIES OF PUBLIC OFFICERS
SECTION 29. Cooperation of Munici al Officers. All municipal officers
and their deputies, clerks, 'subordinates andemployees mployees shall afford
the commission all reasonable facilities in conducting the in,uiries
specified in these Rules and the Civil Service Ordinance and shall
.permit inspection by the Commission of all books, papers, and
documents belonging, or in any way appertaining to their respective
offices, and shall also produce said books and papers, and shall attend
and testify when required to do so by the Commission.
SECTION 30. Officer to Abide U Provisions of Rules. It shall be
the duty of all officers of the ciT to conform to and comply with
and to aid in all proper ways in carrying into effect the provisions
of these Rules and any modification thereof. No officer or officers
having the power of appointment shall select or appoint any person
for employment, promotion or re -instatement except in accordance with.
the Rules and law.
SECTION 31. Office Space. Space for civil service examinations will
be provided by the governing body of the city.
RULE 1V. ORGANI'ATION 0P COMMISSION
SECTION 32. Officers. The Commission shall, within ten (10) days
from the date of qualification of the membership, and annually there-
after in the month of January, proceed to the election of a Chairman
and Vice -Chairmen. The Vice -Chairman shall serve as Chairman
in the absence or incapacity of the Chairman. Two (2) members of
the Commission shall constitute a quorum to do business.
SECTION 33, Official Signatures. The minutes of the Commission
shall be signed by eChairman, or in his absence or incapacity, the
Vice -Chairman together with the Secretary of the Commission.
,SECTION 34. Minutes. The minutes of the Commission shall record the
following matters:
(1) All appointments.
(2) Temporary promotions and assignments of employees
to work other than that embraced by their classification
(3) Appeals from dismiss&d., demotion or suspension with
the action of the Commission thereon.
(4) All leaves of absence.
(5) Reinstatements.
(6) Replacement of names on and removal of names from
an eligible list.
(7) Reclassification or reallocation of individual employees
(8) Changes in the classification plan.
(9) Approval of and changes in examination schedules.
(10) Subjects and weights of examination.
(11) Appointment of special examiners.
(12) All rules and regulations and amendments thereto
adopted by the Commission.
(13) Any other action or report directed to be recorded
by the Commission.
RULE V. MEETINGS
SECTION 35. Beular Meeting, The Commission shall meet regularly
at the Lubbock City'gall at 2p.m. on the First Wednesday of each month.
SECTION 36. Special Meeting. Special meetings may be called by
the Secretary of the Comm scion at the request of the Chairman or
at the written request of any two Commissioners.
SECTION 37. 00 en— Meetings. Both the regular and special meetings
of the Commission s a 1 be open to the public and to representatives
of the press.
SECTION 38. Committee of the Whole. The Commission may meet as a
Committee of the S$hole at w7le no official action can be taken other
than to report its recommendations, if any, to the Commission at the
next regular or special meeting of the Commission when such matters
may be duly acted upon. Only duly elected members of the Commission
and such other persons, as the Commission may by ma�,ority vote invite
to be present, may attend a meeting of the Committee of the Whole.
SECTION 39. Notice of Meetings,. Notice of all meetings of the Commission
or of its Comm ttee o? the -Whole shall be given by the Secretary to
the members of the Commission at least 24 hours in advance of the time
set for such meeting.
SECTION 40. Order of Business. In all matters of procedure not con-
trolled by the provisions of the Civil Service Ordinance, the order
of business and conduct of meeting shall be in conformity with Robert's
Rules of Order.
SECTION 41.R_egulations. The Commission may, by Majority vote, make
rules of procedure from time to time for the administration of these
rules.
RULE VI. CLA,"SIFICATION PLAN
SECTION 42. The governing body of the city will adopt in ordinance
form a classification plan for„,all employees in the classified service.
Such plan shall have been orginally prepared by the Director and sub-
mitted to the Commission for the recommendations, before final sub-
mission to the governing body for its action.
RULE VII. APPLICANTS
SECTION 43. Filing Applications. (a) Wny person shall be considered
for appointment to a vacancy in the 91e.3sified service who has filed
an application therefor with the Director in the manner specified in
these Rules and upon the form furnished by said Director; and whose
application has not been rejected by the Director for cause in
accordance with the provisions of these Rules. (b) The applicant shall
be required to make application in his own handwriting or on type-
writer, and certify to the correctness of the facts.
SECTION 44. Age. No one under twenty-one (21) years of age shall
take any entrance examination and thttty-five (35) years shall be the
maximum age for entrance into the classified service.
SECTION 45. Character and Fitness. Applicants must furnish evidence
of good moral character, temperate habits, sound health and physical
ability to perform the duties of the position applied for.
SECTION 46. Residence. Applicants for positions in the classified
service need not resi3e within the city at time of application.
Em .lo ees in the classified service, employed after
e ruary 26, 1948, must be residents of greater Lubbock.
SECTION 47. Di_sgu lifications. The Commission shall refuse to examine
an applicant, or after examination to certify as eligible and shall
remove his name from the eligible list for any of the following reasons:
(A) If
established in
he applies: or
(B) He
the performance
went : or
(0) He has been convicted of a felony or a misdemeanor involving
moral turpitude; or
(D) He is -addicted to the habitual use of intoxicating beverages
to excesst or
f'S) He has been dismissed from public service for delinquency
he is found to lack any of the preliminary requirements
the classification for the position and grade for which
is physically so disabled as to be rendered unfit for
of the duties of the position to which he seeks appoint --
or misconduct; or
(F) He is found by the Commission to have committed &ny Artt,
either while in the service of the City or otherwise, or to have any
deficiency or disqualification which, in the judgment of the Commission
would be sufficient to constitute a just cause for discharge from
t-he City Service as defined: or
(Q) He has been found to lack the qualifications requisite
for the position for which he applies.
SECTION 47A. False statement in A lication. Any false statement
knowim%ly melded -any appliFant in hiss application for admission to
any examination, or made at his request or with his knowledge, in any
certificate which may accompany his application, or any other fraudulent
conduct, shall be regarded as good cause for excluding him from such
examination or for removing his name from any register or eligible
list or for removing him permanently from his position if he has secured
appointment from such examination,
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SECTION 48. Rejected Applications. Whenever an application is rejected,
notice of such rejection shallbe�mailed romptly to the applicant
by the Director. If, within twenty-four 124) hours after receipt of
notice of rejection, such applicant shall ar•peal the rejection of
his application to the Commission in writing, the Commission shall
make a written ruling on his appeal. If the Commission finds the appli-
cation was incorrectly rejected, the applicant shall be admitted to
the examination in question. If such rejection is in order, such
application shall not be received. In every case, the ruling of
the Commission shall be final.
SECTION 49. Refusal to Examine. The Commission may refuse to examine
any person who has any ofthe following defects: Insanity, tuberculosis,
paralysis, epilepsy, blindness, total deafness, loss of speech, loss
of both arms, or both legs, loss of arm or leg, badly crippled or
deformed arms, feet, or legs, heart disease, lomomotorataxia, cancer,
Bright's disease, syphilis, diabetes.
RULE VIII. APPLICATIONS
SECTION 50. Notice of Examination. Whenever a vacancy occurs in the
classified service, for which therg' its no eligible list and to which
the chief executive intends to made an appointment, the Commission
shall cause to be published and posted at least fifteen (15) days
prior to the date of examination, an official notice inviting the
filing of applications.
SECTION 51. Publishing of Notice. News of the pending examination
shall be released to t ie press by the Director.
SECT1M $2. Posting of Notice. Notice of the examination shall be
posted by the6ommission —on a bulletin board in the main lobby of the
City Hall, and in the office of the Commission in plain view. In cases
of examinations for promotions, copies of such notice shall be furnished
in quantities sufficient for posting in the various stations or sub -
departments in which the position is to be filled.
SECTION 53. Contents of Notice. Notice of the examination must contain:
(11 The title, 3utleg and probable rates of pay for the position
to be filled.
(2) Date, Time and place of examination.
(3) Limitations as to age and other minimum qualifications.
(4) Any special physical or medical requirements, and any special
qualifications as to training and experience.
(5) Method of and place for securing application forms an time
limit of accepting applications.
SECTION 54. Preparation of Application Forms. The Director shall develop
and prepare appl ca on forms for the position and distribute them
without charge on re _nest of persons wishing to make application.
The Director shall receive applications filed not later than five (5)
days preceding the date set for the examination. It shall be the
duty of the Director, after examining the applications, to notify
each applicant of the action taken on his application and to instruct
the applicants meeting minimum requirements to appear for examination.
SECTION 55. Content of Application. All applications shall .state:
(1) Position applied for.
(2) Applicant's full name and address.
(3) His residence at the time of making application.
(4) His residence for the previous five years.
(5) His citizenship.
(6) His age, giving date of birth.
(7) His place of birth.
(8) His health and physics l capacity for the public service.
0) His business experience or a mployments and education which fit
!- him for the position.
(10) If in the military or aav&l service of the United Statas ,
the name of the organization, or vessel to which attached,
date of discharge from the service and any physical disability
incurred in such service.
(11) Such other information as to the Commission may reasonably
requ�re concerning the applicant's merit and fitne9f for
the public service.
SECTION 56. No Standing Applications. Applications will not be accented
except for positions for which examinations have been announced.
SECTION 57. Agplications not Returned. Applications not returned for
correction will rema n on fife in the office of the Commission, and
under no circ?:hstances will be returned to the appllcaht.
RULE IX. EXAMINATIONS
SECTION 58. Character of Examinations. All examinations shall be of
such nature that they wiil fa ray test the relative capacity and fitness
of the persons examined to discharge the duties of the particular
position to which they seek appointment. Such examinations shall,
in addition to questions of general knowledge, provide for a thorough
inquiry into the applicant's knowledge of and qualifications for fire
fighting and work in the fire department, for police work and work
in the Police Department.
SECTION 59. Content of Examination. Examinations for entrance into
the service and for promot on with7n the service shall consist of
one or more of the following parts as considered appropriate for the
various classifications of positions.
(1) Written test. This part when required shall include a
,cLemonstration designed to show the familiarity of applicants with
the knowledge needed in the class of positions to which they seek
appointment, and the range of their general information. All police
officers and firemen in the classified service must be able intelli-
gently to read and write. A formal essay upon one or more subjects
may be required if advisable.
(2) Oral Interview. This part when required shall include a
personal interview with applicants for position where ability to deal
with others, to meet the public, or other personal qualifications are
to be determined. An oral test may also be used in examinations where
a written test is unnecessary or impracticable. Whenever an oral test
is used, the questions shall be the same for all applicants, Whenever
an oral examination shall be prescribed as part of any examination,
a stenographic record of all the questions and answers shall be made
and preserved with the examination papers or report.
(3) Performance Tests. This part when required shall include
such tests of performance as will determine the ability and skill of
applicants to perform the work involved.
(4) Physical and Health Tests. This part is always required and
shall consist of the furnishing of information by the applicant
regarding his health and physical condition. It shall also consist
of an examination of the applicant by the City Health Officer, or
a physician satisfactory to the Commission, reported on an approved
form. These tests shall be used in excluding from further examination
or from certification, applidantts who do not measure up to the minimum
health and physical standards.
(5) Adaptability and Aptitude Tests. This part when required shall
include tests designed to determine general adaptability or to ascertain
special traits and aptitudes.
(6) Training and Experience. This part shall always be required
and shall consist of questions on education and experience contained
in the application form, and of such supplementary data as may be
furnished for certification and proof of statements made in the applicat
tions, or it ray consit of questions on training and experience
asked at the time the written tests are given. Director, may,
in his discretion, investigate the truth of applicant's statements
as to training and experience and govern his rating accordingly.
SECTION 60. Conduct of Examinations. (a) The actual conduct of
each examination shall be under the direction of the commission, y
or its designated examiners, free from the presence, participation
or influence of any person other than the examiners or experts
employed by the Commission.
(b) The identity of examinees in all competitive written examina-
tions for the purpose of establishing eligibility lists shall be con-
cealed. The Director shall make the necessary provisions in connection
with the conduct of such examinations for such concealment.
(c) An applicant who in any examination uses or attempts to use
any unfair or deceitful means to pass such examination shall be in-
formed by the examiner witnessing the act that the applicant's actions
will be reported to the commission with a recommendation that he b(;
excluded from further consideration. The examiner shall later make
the report to the Commission for its determination.
SECTION 51. Passing Score. Weighing on a basis of one hundred
per cent foperfection, seventy (70f ) per cent shall be the score
for passing any test, and no person shall be eligible to appointment
whose score on the complete examination is less than seventy ( 70 % )
per cent. The commission may in any examination spec *-fy that an
applicant, in order to be eligible to appointment, must receive a score
of at least seventy (70%) per cent or more on one oz more parts, or
on one or more subjects in any parts regardless of the applicant's
score being seventy (70%) per cent or higher on the complete examination.
SECTION 62. _Poossttponement or Cancellation of Examination.
(a) The -Commission may because of the small�ar of applicants
for any position, or because of any other good and sufficient reason,
postpone an examination to a later date.
(b) Any examination may be cancelled by the Commission should
its holding become unnecessary because of a change in the personnel
requirements of the classified service.
SECTION 63. Eorrection of Error. On formal written appeal, submitted
by the competitor within f if een (15) days after date of notice of his
standing, the Commission may correct any manifest error or mistake of
marking or rating appearing in such paper or record, such correction
in any case to be without prejudice to the status of any person
previously appointed as a result of such examination. Such appeal shall
be considered as opening all of the competitor's Rapers for review, whether
resulting in a higher or lower average standing. No change in rating
shall be made as the result of an appeal unless it would affect the
competitor's relative position on the eligible register.
This provision shall 'not be held to prevent the Commission from
correcting at any time during the life of any eligible list an obvious
clerical error.
SECTION 64. Letters of Recommendation. No letters of recommendation or
endorsements, other than those required by the Rules, shall be considered
in rating any competitor, unless called for in connection with the examina-
tion.
SECTION 65. Examination Papers to be Shown. The examination papers of
a competitor wild be exhted only to t e competitor or his duly
authorized representative, or to the chief executive to whom his name
is certified.
SECTION 66. Commission May Publish Pamphlet. The Commission may publish
a pamphlet contemning xa pers to illustrate to candidates the methods of
examination, and containing such other information as in the opinion
of the Commission will be useful to candidates in making applications
and preparing for the competition.
RULE X. ABUSES AND FRAUDS
SECTION 67. No person shall deceive or obstruct any person in respect
tolhis right of examination under the provisions of these Rules and the
Civil Service Law or falsely make grade, estimate or report ,1pon
the examination or standing of any person examined hereunder, or aid
in so doing, or furnish to any person, except in answer to inquiries
of the Commission, any special information for the purpose of either
improving or injuring the rating of any such person for appointment or
employment. No applicant shall deceive the Commission for the purpose
of improving his chances for appointment.
RULE XI. ELIGIBLE LISTS
SECTION 68. Preparation of E12ible 11sts. Not more than four (4s) weeks
after the conclusion of the egaminatioe, the Director shall prepare
the names of all candidates who have successfully passed the examination,
listed in order from the highest score to the lowest score. This list
shall then become the eligible register for the position for which the
examination was given and all appointments to said position shall be
made from this eligible list for a period of one (1) year. At the ex-
piration of one (1) year period from the date of the list was established,
a new examination shall be given and a new eligible list prepared unless
the chief executive shall express in writing to the Director his
willingness to extend the period of eligibility for an additional
specified number of months not to exceed twelve.
SECTION 69. Placement on List. No person shall be placed on such a list
whose general average rating on all subjects is less than seventy (70%�
per cent of complete proficiency, or whose rating is less than seventy
(70%) per cent on any subject, the passing of which is specified in
the notice of examination as essential to further consideration of the
applicant for, the position.
SECTION 70. Veterans Preference. An applicant who has served in the armed
services of the n e States and who receive& an honorable discharge
shall receive five (5) percentage points in addition to his com etitive
grade; provided such competitive grade is at least seventy (70%� Ter cent.
SECTION 71. Identical Gr des. Whenever two (2) competitors shall attain
the same grade, tie applicant filing his application on the earliest
date shall be listed first.
SECTION 72. Notice of Placement on List. Each applicant shall be notified
of whether he failed in the examination or whether he succeeded and was
placed on the eligible list. Each applicant shall be informed of his
position, if any, on such lists, and of his grade on the examination.
For the purpose of carrying out this provision, each applicant shall
furnish a self-addressed envelope, and properly fill out a notice form
furnished by the Commission.
SECTION 73. Removal From List. An applicant's name may be removed from
a list of a lig b es wheneverre becomes dispossessed of any qualifications
required of and possessed by him at the time his name was placed on the
list, and it mF:y also be removed for any Df the causes stated in Section
47 of Rule VII. If a person's name appears on two or more lists
and he is appointed to a position in the classified service, his name
sh=_11 be removed from the remaining lists on which it appears.
SECTION 74. Notice of Removal of Name. Whenever an eligible list is
cancelled or terminated notification of cancellation or termination
shall be given in the notice of examination advertising a new examination
for the position. Whenever a person's name is removed from an active list
he shall be notified one week prior to the removal.
SECTION 75. Change of Address. Each person on an eligible list -shall file
with the Commission wr tten notice of any change of address, and failure
to do so may cause his name to be removed from the list. Notices sent to
a person's last known address shall be considered sufficient notifi-
cation.
SECTION 76. Abolishment of Eli ihle List. At the request of the chief
executive or - n its own motion, the Zommission may abolish an eligible
list when there are three (3) or less names on such list, and may
order a new examination and the preparation of a new eligible list.
Any names of persons left on the eligible list to be abolished shall
be transferred to the new eligible list with the same grade they
have attained previously. Such persons as are transferred to the new
eligible list may, however, take the new examination announced, and
in every such case of re-examination, the grade received on the latest
examination shall determine such person's ranking on the new
eligible list.
RULE XII . C.TERTIFICATION AND AI POINTI ENT
SECTION 77. Requisition. Whenever a vacancy is to be filled in the
classified service, the department head shall make requisition to
the Commission upon the blank form prescribed by it, for the certifi-
cation of eligibles to the chief executive.
SECTION 78. Certification. Upon recei-pt of request for certification,
the Director shall to the chief executive from the reinstate-
ment list for the class of positions in question, one name for each
vacancy to be filled. If there is no reinstatement list or if those
on the reinstatement list decline appointment, the Director shall
certify to the chief executive of the city the names, addresses, and
grades of the three persons, if there shall be so many eligible,
standing highest on the appropriate eligible list, and from the names
thus certified the chief executive shall select one and so notify
the Commission. If the eligible list is used and there are two
or more vacancies to be filled, two more than the number of pf:rsons
to be appointed shall be certified, except that when there are less
than three names on. the list of persons eligible for appointment, such
names shall be certified for temporary appointment unless objection
to the persons is made by the chief executive and the objectioh is
sustained by the Commission. If it is shown that all persons whose
names have been certified are not p,gailable or have declined appoint-
ment, a new certification shall be made.
SECTION 79. Appointment of Person with Highest Grade. The appointment
shall be of the person withthe�highest grade, except there be a
valid reason why such appointment should be given to the one making
the second or third highest grade. Wheneversuch appointment is M de
of one not holding the highest grade, such reasons dfiali be reduced
to writing and filed with the Commission, and there shad be set forth
plainly and clearly good and sufficient reasons why said appointment °
was not made to the person holding the highest grade. In the event
the person holding the highest grade is not certified for the appoint-
ment, he shall be furnished with a copy of the reasons therefor
as filea vith the Commission, and in the event the one having the
third highest grade is appointed, a copy of such reasons shall also
be furnished to the one holding the second highest grade.
SECTION 80. Notice to be Sent to AAp licant. A notice of the certifi-
cation of a person's name'eor appointimenT-shall be given such person
at his last known address.
SECTION 81. Failure to Respond to Offer of Appointment. The failure
rson
of an eligible peto report —to tHe tepa-tment head within five
(5) business days after notice of certifio;4Gion shall be considered
sufficient cause for removal of his name from the list of eligibles.
Upon receipt of written notice from a department head that a certi-
fied person has failed to report or had declined appointment or upon
receipt of written declination of appointment from an eligible
person, certification shall be made of the name of the person next in
order on the list.
SECTION 82, Name of Declining Person to be Stricken from List, The 1
name of the person declining appo1ntment sha be str c en rom the
eligible list unless declination is for the following reason:
temporary inability, physical or otherwise, which must be satisfactorily
explained by the candidate in writing.
SECTION 83. Certification Re. Record of each person certified
and appointed shall be filed is —required by the Ciiil Service Law.
Such record the date notice of examination was-osted:
date on which person certified took examination to be placed on
the eligibility list; name of person or persons conducting examination;
relative position of person on eligibility list; date when person
certified took physical examination; name of physician making examina-
tion; with information as to whether or not applicant was accepted
or rejected; date on which requisition for filling such vacancy
was made; date on which applicant was notified to report for duty
and date on which Hs pay is to start. If the Director shall will-
fully fail to comply with any provisions of this Section, it shall be
the duty of the commission to forthwith remove him from office, The
failure of the Director to file this record shall in no way, however,
impair the civil service standing of any employee.
RULE EIII. TEMPORARY APPOINTMENTS
SECTION 84. Tem op nary Appointments..Te porar gp i tment mad be ma e
by the chief executive of persons at, �f�ea���Yg�W f�'st hga �&eAlq
prepared for the position, or that those on the eligible list are not
immediately available, or during the suspension of an employee or
pt:nding final action or proceedings to review a suspension, demotion,
or dismissal of an employee. Such temporary appointments shall not
continue for a longer period than three (3) months and no person
shall be eligible to serve as a temporary appointee in any one or
more positions for more than an aggregate period of three months in
any one fiscal year; provided that the limitation above shall not
apply if final action on proceedings to review a suspension, demotion
or dismissal shall remain pending at the end of the three months
period, or if such temporary appointee is serving in the place of
an employee who has been granted leave of absence in excess of three
(3) months. No Credit shall be allowed in the giving of examinations
.or service rendered under a temporary appointment.
SECTION 85, Special Assignments. None of the provisions of the Civil
Service Ordinance or -of ese ules shall bar the City from making
contracts for technical and/or specialized personnel to carry out work
of a special nature. Such special assignments shall be for work which
is not a regular part of the administration of City affairs, whether
such work is for a longer period than three (3) months or periodic
in its nature.
RULE XIV. PROBATION
SECTION 86. Probation Period. All original appointments shall be for
a probationary perl-oU of -Mx months of actual service and no
appointment shall be deemed finally made until the appointee has
satisfactorily served his probation period; provided that this
provision shall not apply to reinstatements made under the provisions
of Rules XIX and XX of these rules. Said probations to begin as of
the date of appointment or the effective date of the Civil Service
ordinance whichever is the later date. Any time served under
temporary appointment shall not be counted in computing said six
(6) Mo. probation period.
SECTION 87. Cause for Dismissal, During such probation period, it
shall be the d uty oithe ec��partmsnt head to discharge all employees
whose appointments were not regular, or not made in compliance wit h
the provisions of the Civil Service ordinance, or of the rules and
regulations of the Commission, or is found incompetent or unqualified
to perform the duties of the position to which he was appointed, and hence
is employed in violation of the Civil Service Law and ordinance; and
the department head shall eliminate any such employees from the payrolls.
:SECTION 88. Report on Probationary Employee. (a). In the absence of
any report from thesepartm�eat head that a probationary employee
is unsatisfactory, such employee automatically becomes permanently
employed at the end of the probation period. At the termination of
the period, such employee shall have full civil service rights and
priviledges.
(b) . Regardless of whether or not a position has been establtshe,&
by ordinance of this city, if an Officer or employee shall have "team
p0r±1Vted to- setvh tthe - 6i3c- f 01 months probationary period in such
position, the service of such officer or employee shall ipso facto
constitute the creation of said position or office under a civil
service classification.
RULE XV. PROMOTION
SECTION 89. Vacancies to be Filled by Promotional Examination. The
department head shall notT-fy ommiss on of any vacancy in a
position in his department to be filled by promotion and thereupon
after consultation with the department head, the Commission shall
conduct a competitive promotional examination of those entitled to
enter the examination under the provisions df these rules, and shall
see that notice of examination is given in accordance with that
required by these rules to be given for entrance examinations. -
(Rule VIII)
SECTION 90. Promotion Based on Seniority, Efficiency, and Examination.
Promotion shall be baseaupon mer tl—ann- compet tion and upon t-Fie
superior qualifications of the person promoted as shown by his previous
service and knowledge and :qualifications for the work, extra credit
being allowed for seniority.
SECTION 91. Promotional Examinations. Promotional examinations shall
be given and sha lobe sub ect to all the provisions of these rules and
regulations governing open competitive examinations.
SECTION 92. Content of Examinations. In any promotional examination,
the candidates shall be exam ned, In writing and by practical tests
in such matters as will fairly test their knowledge of the actual duties,
responsibilities, and requirements of the position to be filled and
their fitness and qualifications to discharge such duties and meet
such requirem9ats.
SECTION 93. Promotional Eli&ibilijZ List. Candidates for promotion
must make a minimum grade of seventy-r7T%) per cent on such promotional
examination to be eligible for placement on the promotional eligibility
list. Those candidates which qualify as to examination grade shall
have their examination grade combined with the points provided here-
under for efficiency and seniority and the combination shall determine
the final average score of candidates. A promotional eligibility list
shall thus be established, with names listed in order from the highest
score to the lowest. Promotions shall be made by the chief executive
from this list as provided for original appointments under these rules.
SECTION 94. Credit for Efficiency. Then Commission shall determine the
credit (number of-polntsT to be allowed for efficient, in promotions,
but in no case shall it exceed (40) per cent of the examination grade
of the candidate in :uestion. The marking to be entered for efficiency
shall be obtained by averaging the efficiency ratings for the last two
semi-annual periods immediately preceding the examination.
SECTION 95. Credit for Seniority. The Commission shall determine the
credit (Number of points) to be allowed for seniority in promotions,
but in no case shall it exceed (5) per cent of the examination grade
of the candidate in question. Seniority shall not accumulate during
the period of a disciplinary suspension, or the period of an indefi-
nite suspension unless the employee is reinstated and the suspension
declared void.
SECTION 96. Eligibility for Promotion. No person shall be eligible for
promotion unless he has served in such department for at least two (2)
years immediately preceeding the date of such examination, in the next
lower position to that for which such examination is to be held, and
no person with less than four (4) years actual service in such depart-
ment shall be eligible for promotion to the rank of Capta-Ir -in the
Fire Department or the Police Department.
SECTION 97. Eligibility for Department Head. The appointment of the
Department Head of the F re Depar m-enT and Police Department, shall
bq made from the Personnel of the Departments or from the Personnel
of some Fire or Police Department within the State of Texas. Such
Department Head shall have had not less than five (5) years immediate
actual service in some Fire or Police Department within the State of
Texas. The Department Head of the Fire and Police Department shall be
appointed by the Chief Executive of the City and shall be confirmed by
the Governing Body.
SECTION 98. Advancement in Compensation. None of the provisions of these
Rules shall prohibit an advancement in compensation granted to employees
in the classified service -as a result of efficiency or seniority,
provided such increase oh811-be within budgetary allowance and approved
by the chief executive.
RULE XVI. DEMOTION
SECTION 99. Whenever a department head may desire the demotion to
a lower rank of an officer or employee under his supervision or juris-
diction, such Department head may recommend in writing to the Commission
that such employee be so demoted, giving his reasons therefor and
requesting that the Commission make such order of demotion, furnishing
a true copy of such recommendation immediately in per,, -on, to the
employee to be affected by such demotion.
SECTION 100. Powers of Commission. Said Commission shall have the
authority to grant or refuse to grant said request for demotion.
If, however, said Commission feels that probable cause for said demo-
tion exists, it shall give such employee ten (10) days advance written
notice to appear before it at a time and place specified in said
written notice to the employee, and said employee shall have the right
to a full and- complete public hearing upon such proposed demotion.
A written notice addressed to the employee at his last known address
and posted in the U. S. Mail at least 11 days (exclusive of the day of
hearing) prior to the day of hearing shall constitute full compliance
with this requirement of notice. The
employee without such hearing. Such
attendance of the employee after this
with.
Commission shall not demote any
hearing may be held without the
requirement of notice is complied
RULE XVII. CIVIL SERVICE RIGHTS OF DEPARTMENT HEADS
SECTION 101. Demotion of Department Head. When the services of the
head of the Fire Department or the Police Department are terminated
as such other than by retirement, and he is removed'8s such department
head, he shall be reinstated in the department and placed in a
position no lower than the rank he held at time pf appointment, and
he shall retain all rights of seniority in the Department.
SECTION 102. Right of Appeal bZ Department Head. Should such Department
head be charged with an offense in v1o1a on of Civil Service Rules,
and be dismissed from the public service, or be discharged from his
position, he shall have the same rights and privileges of a hearing
before the Commission, and in the same manner and under the same
conditions as classified employees, and if the Commission should find
such chbrgr;s to be untrue, or unfounded, said employee shall there-
upon immediately be restored to the Department as above provided, and
said employee shall enjoy all the rights and privileges thereunder
according to seniority; and shall be paid his full salary for the time
of suePension.
RULE XVIII. REPORTS OF DEPARTMENT HEADS
SECTION 103. Reports of Department Heads. Department heads shall
immediately report to the Cornet ss on any and all changes in the status
of their departmental personnel. Such reports shall include appoint-
ments, whether temporary, part-time, or regular, regardless of whether
by original entrance, reinstatement, or promotion; removals from service,
whether dismissals, lay-offs, suspensions, absences or leaves of absence
of any nature, or vacations; returns to service, whether reinstatements,
returns from absences or leaves of absences, or vacations; changes
in departmental organization, such as creation, abolishment, or combining
of offices or positions; and salary changes, whether increases or
reductions. All actions so reported shall be in accordance with the
pro,.dedure of the Commission.
RULE XIX. DISCIPLINARY SUSPENSIONS
SECTION 104. Sus ension. All persons holding positions in'the classified
service are sub ect to disciplinary suspension for cause without pay
for a period not exceeding fifteen (15) days by order of the department
head, who shall so notify the Commission.
SECTION 105. Notice to Cs4mmission. In every such case of suspension,
the Department head sha7file with the Commission within forty-eight
(48) hours from such suspension, a written statement of action. If
the department head does not file such statement with the Commission
within the time provided above, the suspension shall be void and the
employee sh-"11 be entitled to his full salary.
SECTION 106 Powers of Commission. The Commission shall have the power
to investigate and to determine whether there is just cause for such
disciplinary suspension. The Commission shall have the power to reverse
the decision of the Department head and to instruct him immediately
to restore such emplQye�e to his position. In the event such Department
refuses to obey the order of the Commission, the employee shall
be entitled to his full salary just as though he had been regularly
reinstated.
;SECTION 107. Refusal to Reinstate. In the event the Department head
willfully refusesto obey be orders of reinstatement of the Commission,
and such refusal persists for a period of ten (10) days, it shall be
the duty of the Commission to report such refusal to the chief executive.
SECTION 108. _Notice of Suspension. When the Department head enters an
order for the suspension of an employee in the classified service, he
shall within forty-eight (48) hours from the time of such order file
a written statement with the suspended employee stating the reasons for
the suspension, if requested in writing to do so by the employee.
The employee shall have the right of answer and appeal as provided
by these Rules.
SECTION 109. Appointment to Fill Vac�an2Z. No appointment except a
temporary appointment shall bebe ma edto fill the vacancy until the
period of suspension has lapsed.
RULE XX. INDEFINITE SUSPENSION AND REMOVAL
SECTION 110. Suspension Prior tolpischarge. When it is the intention of
the Department head to discharge an employee in the classified service,
he shall first enter an order for susrension without pay. The period
of suspension shall extend until the time allowed for an answer to the
charges has lapsed, or if an appeal is taken to the District Court,
then the suspension period shall extend until the written findings and
recommendations of the Court have been submitted.
SECTION 111. Grounds for Removal. The following are declared to be grounds
for removal of an employee from the classified service of the city,
and no rule or regulation passed by the Commission for the removal
or suspension of an employee in the classified service shall be valid
unless it involves one or more of the following grounds:
Conviction of a felony or other crime involving moral turpitude;
violations of the provisions of the charter of the city; acts of
said employee showing a lack of good moral character; drinking of
intoxicants while on duty, or intoxication while off duty; or whose
conduct was prejudicial to good order; refusal or neglect to pay just
debts; absence without leave; shirking duty or cowardice at fires;
violation of any of the provisions of the Firemen and Policemen's
Civil Service Act of Texas, or any provisions of the Lubbock Firemans
or Policemens Civil Service ordinance, or any reg,,ilation of the
Lp-bbock Civil Service Commission or of any of the written rules and
regulations of the Fire Department or Police Department or of special
orders, as applicable.
SECTION 112. Notice of Suspension. Department heads shall have the
pDwer to suspend ndefi'n_ttely any officer or employee under their
supervision or jurisdiction fpr the violation of Civil Service Rules.
In every such case of indefinite suspension, the department head shall,
within forty-eight (48) hours thereafter, file a written statement with
the Commission, giving the reasons for such suspension, and immediately
furnish a copy thereof to the officer or employee affected by such act,
said copy to be delivered by depositing in the United States mail
within forty-eight (48) hours From the time thereof, such copy to be
addressed to the suspended employee at his last known address.
SECTION 113. Content of Written Statement. Said written statement
shall state the Z5iv1l Service yule alleged to have been violated by
the suspended employee, and shall state the alleged acts of the employee
which the Department head contends are in tiolation of the Civil
Service Rules. Said order of suspension shall also inform the employee
that he has eleven (11) days from the date of depositing statement in
the United States mail, within which to appeal to the Commission.
SECTION 1]4. Right o_. Appeal �b,,� Employee. Such suspended employee shall
have the ri-ht of appen� ina quiry to the Commission. If dissatisfied
with the decision of the Commission as a result of such inquiry, the
suspended employee shall have further right of appeal as provided under
Rule XXII of these Rules.
SECTION 115. Decision Sf Commission. Within ten (10) days from date
of inquiry, tH—eCommiss`on shall render a decision stating whether or
not the suspended employee shall be permanently or temporarily dismissed
from the classified service or be restored to his former position or
status in the classified service, In the event that such suspended
employee is restored to his position or class of service from which
he wLs suspended, such employee shall receive full compensation at the
rate of pay provided for the position or class of service from which he
was suspended, for the actual time lost as a result of such suspension.
If the Commission does not render a decision within fifteen (15) days
from the date of inquiry, then it shall be conclusively presumed that
the judgment of the Commission is an affirmance of the suspension, the
suspension shall remain in force until a decision is rendered.
SECTION 116. Refusal of Department Head to Reinstate Employee.
{a). In the event the Commission orders that such suspended
employee be restored to his position as above provided, it shall be the
duty of the Department head immediately to reinstate him as ordered
and in event the Department head fails to do so, the employee shall
be entitled to his salary just as though he had been regularly
reinstated.
(b). In the event such Department head willfully refuses to obey
the orders of reinstatement of the Commission, and such refusal persists
for a period of ten (10) days, it shall be the duty of the Commission
to report such refusal to the chief executive.
SECTION 117. General Provision. In any civil seryAce hearing hereunder,
the Department head is restricted to his original written statement
and charges, which shall not be amended. No act or acts may be complained
of by said Department head which first came to his knowledge more than
six (6) months immediately preceding the date of suspension by the
Department head. No employee shall be suspended or dismissed by the
Commission except for violation of the civil Service Rules, and except
upon a finding by the Commission of the truth of the specific charges
against such employee..
RULE XXI. RESIGNATION
SECTION 118. Resignat-ion. Any permanent employee who resigns from
the classifiesservice while not in good standing shall not be
eligible to apply for future employment with the City, and no employee
shall be eligible for reemployment who has once been dismissed from
the classified service for cause.
RULE XXII. APPEAL PROCEDURE
SECTION 119. Procedure Before Commission. In order for an employee to
appeal to the omnniss1on, I_t shall only be necessary for him to file
within ten (10) days with the Commission a statement denying the truth
of the charge as made -or a statement taking exception to the legal
sufficiency of such charges and asking for a hearing by the Commission.
In all hear,ngs, of every kind and character, the employee shall have
the right to be represented by counsel, and the witnesses may be placed
under the rule. All such hearings shall be public and informal. The
Commission shall have the authority to issue subpoenas for the attendance
of witnesses.
SECTION 120. ApReal to District Court. In the event any employee is
dissatisfied with the decision of t e Commission, he may, within ten
(10) days, after the rendition of such final decision, file a petition
in the District Court, asking that his order of suspension or dismissal
be set aside, that he be reinstated in the classified service and
such case shall be tried de novo.
RULE XXIII. REINSTATEMENT LIST
SECTION 121. Provisions of this Aule to Apply. The provisions contained
in this rule shall apply regardless of any other provisions contained
in these Regulations.
SECTION 122. Demotion. In the event that any position in the classi-
fied service is vacated or abolished by ordinance of the governing
body, the employee holding such position shall be demoted to the posi-
tion next below the rank of the position so vacated or abolished-,
provided, that when any position or positions of equal rank may be
abolished or vacated, the employee or employees with the least seniority
in the said rank shall be the one or ones who are -demoted. If
individuals have the same seniority in the said rank, then the one with
the lowest efficiency rating as determined under Rule XXIV shall be
demoted.
SECTION 123. Lay -Off. In the event positiong/of the lowest classifi-
cations are abolished or vacated, and it thereby becomes necessary to
dismiss employees from the Department, the employee with the least seniority
shall be dismissed. If individuals have the same seniority in the lowest
rank, then the one with the lowest efficiency rating shall be dismissed.
Those employees as are involuntarily separated from the classified
service without charges having been filed against them for violation
of Civil Service Rules, shall be placed o4 the reinstatement list in
order of their seniority. The reinstatement list shall be exhausted
before appointments are made from the eligibility list. Appointments
from the reinstatement list shall be in order of seniority,, I. e.,
inverse order of lay-offs.
SECTION 124. Duration of Reinstatement List. Those who have been on
any such reinstatement list for a period o five (5) years shall be
dropped from such list but shall be reinstated upon request.
SECTION 125. Removal from Reinstatement List, Names on the reinstate-
ment list may7 be removed for the same re•�sons fnr which names may be
removed from an eligibility list.
RULE XXIV. EFFICIENCY RATINGS
SECTION 126. Submission of Ratings. All heads of departments and their
administrative subordinates hasav7ng employees subject to these rules
shall make semi-annual reports to the Commission on the efficiency of
said employees on the form or forms prescribed for such purposes by
the Commission.
SECTION 127. Commission to Tabulate Ratings. The Commission shall ascer-
tain the efficiency ratings of the various employees of the departments
as determined by the semi-annual reports submitted by the de;artment
heads and shall keep a record of such rating. The highest standard
of efficiency shall be indicated by a grade of 100 per cent. Any
grade below '70 per cent shall be regarded as unsatisfactory.
SECTION 128. Factors in Determining Efficient . The Commission shall,
by written order recorded in the minutes, prescribe subjects or factors
to be used in determining efficiency marking, taking into consideration
attendance, disciTline, quality of service and initiative and shall
assign weights to such factors.
SECTION 129. Minimum Standard of EfficieneThe Commission shall fix
a minimum standard of conduct ann e f c ency for each grade in the -
classified service, and whenever it appears from the reports of efficiency
made to the Commission for the six months period that the conduct and
efficiency of any employee has fallen below this minimum, that employee
shall be called before the Commission, to show cause why he should not
be removed, and if upon hearing, no reason is shown satisfactory to the
Commission, it may recommend to the Department head concerned that such
employee be removed, suspended or reduced in grade.
RULE XXV. LEAVES OF ABSENCE AND VACATIONS
SECTION 130. Vacations. Every employee in the classified service who
has served continuous y under regular employment for one year, shall
receive a vacation with full -pay of fifteen (15) days, to be taken at
such time as the Department head may designate. Vacation allowance
shall not be cumulative from year to year.
SECTION 131. Leaves of Absence with PaZ. (a) Attendance of permanent
employees at conventions, conferences, short training courses, and
meetings of like nature, if approved by the chief executive, shall
be considered leaves of absence with pay.
(b) In case of death in the immediate family, the chief executive
may waive as much as three (3) days of absence taken by an employee
in the classified service. Immediate family shall include father,
mother, sister, brother, wife, or child, and other relatives if the
latter are actually members of the employee's household.
(c) Employees who leave to serve as members of the uniformed
armed services of the United States are to be given pay for whatever
time they may have accumulated as vacationtime prior to their leaving
but shall not accumulate leaves with pay during absences�,hich extend
for periods of longer than one (1) month.
SECTION 132. Leaves of Absence without Pater. The Department head may
grant any regutar employee n h s department leave of absence without
pay for a period not exceeding seven (7) days. Leave of absence of
an employee in the classified service for a period beyond the seven (7)
days granted by the "Department head shall be requested on a form
provided for that purpose and shall be presented to the Department head
for his recommendation. The request shall state the entire additional
time desired and the reasons therefor. The chief executive shall have
sole authority to grant such re uest and his ruling shall be final.
No employee shall be given a leave to take a position'outside the
city service for more than sixty (60) days in any twelve (12) months
period, unless it clearly appears that the public interest is to be
served by such leave.
RULE XXVI. SICK AND INJURY LEAVES OF ABSENCE
SECTION 133. Sick Leave. Permanent and temporary employees in classi-
fied service shall be allowed a total of sick leave with full pay com-
puted up:,n a basis of one full working day allowed for each full month
employed in a calendar year, with an extra day added for each four
(4) months, so as to total fifteen (15) working days to an employee's
credit each twelve (12) months.
SECTION 134. Sick Leave Cumulative. (a) Employees shall be allowed
to accumulate fifteen 5 working days of sick leave with pay in one
calendar year.
(b) Sick leave with pay may be accumulated to a total not
exceeding ninety (90) days, with the privilege of an extension of sick
leave in case of exhaustion of time, providing that the employee can
conclusively prove that such illness was incurred while in the perfor-
mance of his duties.
(c) In the event that an employee in the classified service for
any reason leaves the classified service, he shall remain on the payroll
until his accumulated sick leave is all used.
SECTION 135. In urleave. All employees in the classified service
shall be entitled' -to in ury leave of absence, with full pay, for periods
of time commensurate with the nature of injuries received while in
line of duty. Such leaves shall be provided for a period of not to exceed
one year.
SECTION 136. Extension of Injury Leave. At the expiration of said one
year period, the case shall be referred to the Governing Body of the
city.
SECTION 137. Records of Absence to be Maintained. All sick and other
leaves of absence, with and without pay, s a 1 be fully and carefully
recorded on an appropriate record which shall be open to the inspection
of representatives of the Commission. A clerk or other responsible
employee of each department shall be charged with maintaining a
careful attendance record, on which tardiness shall also be noted.
Absences, irregular attendance of any kind, and tardiness shall be
taken into consideration in marking the efficiency ratings of employees,
_y
and when persistently indulged in, shall justify the dismissal of an
employee.
RULE XXVII. ROSTER
SECTION 138. A card file, to be known as the official_ Roster shall be
kept in the office of the Commission which shall contain the name of
every person employed or performing duties in the classified service.
This file shall show respecting every employee the following facts;
the name and address of the employee, the title of the office or
employment; the date and character of each appointment and ever subsequent
change in status, all changes in compensation, and such other informa-
tion as the Commission may direct shall be placed on such cards.
RULE XXVIII. RECORDS AND REPORTS
SECTION 139. Records. All proceddings of the Commission, the classifi-
cation and compensation plans, and the roster of employees in the
classified service and all eligible to appointment to such service shall
be public records, and subject to reasonable regulation, be open to public
inspection. Applications, examinations, recommendations from former
employers, reports from heads of departments concerning employees and
such other letters and papers as in the opinion of the Commission shall
be confidential, shall be kept on file for the use of the Commission,
bus shall not be open for public inspection.
SECTION 140. Reports by the Commission. The Commission shall investigate
and report annually to the chief executive of the city concerning the
,administrative needs of the service, the personnel and positions in
the service, and the compensation provided therefor; the examinations
held by the Commission, the appointments made, service ratings anj
removals in the classified service, the operation of the Rules of the
Commission, and recommendations for promoting; efficiency and economy
in the service, with details of expenditures and progress of work.
RULE XXIX. RESTRICTIONS REGARDING OUTSIDE WORK
SECTIO 41. Unless specifically approved by the chief execut,Lve end
the Co fission, no full-time employee in the classified service shall
have any other employment or pursue any gainful occupation except that
involved in his position in the city service,
RULE M. SPECIAL REQUIREMENTS FOR FIREMEN AND POLICEMEN
SECTION 142. Special Requirements. The following are declared to be
minimum physical and general requirements for firemen and policemen.
f
e: Candidates for original appointment must be at least twenty-one
21) years of age and not over thirty-five (35) at time of mental
I examination. Candidates for other positions must meet age requirements
as provided in the classification ordinance.
!E
Sex: Male
Height: Firemen and policemen must be at least five feet, seven inches.
Height and weight should be in accordance with the following table to
be considered minimum and maximum:
COLUMN I.
COLUMN II.
COLUMN III.
Minimum: 2
Maximum: 3*
Height
lb. per in.
lb, per in.
5 ft. 7 in.
134 lb.
201 lb.
5 8
136
204
5 9
138
207
5 10
140
210
5 11
142
213
6
144
216
6 1
146
219
6 2
148
222
6 3
150
225
6 4
152
228
6 5
154
231
6 6
156
234
SECTION 143. Medical Requirements for Firemen and Policemen. Candidates
for original appointment and promotiontn the classified service must
meet the following medical re,,uirements:
GENERAL APPEARANCE: The applicant must be free from any marked deformity;
free from all communicable, parasitic or systemic skin diseases, and
from evidence of intemperance in the use of stimulants or drugs. The
body must be well proportioned, of good muscular development, and show
careful attention to personal cleanliness.
OBESITY, muscular weakness or poor physique will result in rejection.
Obesity is a condition, where the least horizontal circumference of the
abdomen at rest at the umbilicus is greater than the normal horizontal
circumference at the chest at the ni ple line.
DISEASES: Insanity, epilepsy, exophthalmic goitre, paralysis,
locomotor ataxia, cancer, tuberculosis, Bright's disease, diabetes,
syphilis, gonorrhea, ulcer, curvature of spine, chronic nasal catarrh
or inarticulate speech will result in rejection.
ARMS AND LEGS, HANDS AND FEET must be free from affections of the joints,
sprains, deformities, stiffness or other conditions, such as flat-
foot, ingrowing nails, hammertoes, or injuries and loss of members Vhich
would prevent proper and easy performance of duty.
VARICOSE VEINS or a marked tendency to their formation will result in
a rejection.
GENITALS must be free from deformities and from varicocele, hydrocele,
enlargement of the testicle, stricture or incontinence or urine. Any
acute and all venereal diseases of these organs will result in rejection.
RUPTURE in any form, actual or potential, will result in rejection
RECTUM AND ANUS. Fissurer, fistulas and external and internal piles
will result in rejection.
RESPIRATION must be full., easy and regular; the respiratory murmur must
be clear and distinct over both lungs, and no disease of the respiratory
organ be present. Pulse rate of more than 110 will res.•lt '.n rejection.
CIRCULATION. The action of the heart must be uniform, free and steady,
its rhythm regular and the heart free from organic changes.
BRAIN AND NERVOUS SYSTEM gust be free from defects.
DIGESTIVE SYSTEM must be free fr-}m chronic disease.
KIDNEYS must be healthy and the URINE normal.
NOSE, THROAT, MOUTH AND TEETH. Obstruction to free breathing, chronic
catarrh, enlarged or diseased tonsils will result in rejection.
0
THE MOUTH must be free from deformities or conditions that interfere with
distinct speech, or that predispose to disease of the ear, nose, or throat.
TEETH must be well cared for and free from multiple cavities. There
must be at least two natural molar teeth to each jaw on each side, and
these teeth in good apposition for proper mastication. The jaws must
be free from badly broken or decayed teeth so far destroyed as to
render filling or crowning impossible. Missing teeth may be supplied
by crown.6r bodge work; where site of teeth makes this impossible,
rubber dehtrues may be accepted. Phorrhea or Vincent's Angine will result
in rejection.
EYES. The applicant must be free from color blindness, and be able to
read with each eye, separately, standard test types at a distance of
twenty feet. Loss of either eye, chronic inflammation of the lids, or
permanent abnormalities of either eye will result in rejection.
Average vision of 20/30 without glasses.
EARS. Normal hearing with each ear is required. Candidates should hear
ordinary conversation at Fifteen (15) feet.
BLOOD PRESSURE must be normal.
WASSERMAN TEST is required before final appointment.
FINGERPRINTS will be taken of all candidates for entrance positions and
prints sent to the Department of Public Safety in Austin anti the
Federal Bureau of Investigation for routine check.
CANDIDATES are stripped for the physical examination.
S OTTON 144. Instruction to ExaminigZ Physicians. The necessity for
the selection such men only as are sound in all respects and are in
every way physically qualified for the position is self-evident. The
foregoing qualifications are important, but the medical examiners should
put such other questions or tests, bearing upon each case, as they may
think necessary and proper, and the whole examination should be thorough,
exact and circumstantial. The medical examiners may also test the strength
activity and physical capacity of &11 applicants who come up to the
standard required in the medical examination by suitable examination into
the strenght of back, chest, arms and legs.
11
RULE XXXI. SAVING CLAUSE
SECTION 145. The provisions of these Rules are declared to be severable
and if any rule, section, sentence, clause,phrase, or word of these
rules shall for any reason be held to bi-, Invalid or unconstitutional,
such decision shall not affect the validity of the remaining rules,
sections, sentences, clauses, phrases, and words of these Rules, but
they shall remain in effect, it being the legislative intent that
these Rules shall stand notwithstanding the invalidity of any part.
RULE XXXII. AMENDMENTS
SECTION 146. Limitations on Changes. Any change in these Rules may be
proposed and tentatively adopted at any regular or special meeting
of the Commission, but no change shall be finally adopted until at
a regular or special meeting open to the public, and held not sooner
than seven (7) days after the date on which the proposal was first
considered, and except by a majority vote of the members elect. A
written notice of the meeting sent to each member in advance of such
final consideration, shall include a copy of any change previously
proposed, and to be considered at such meeting.
SECTION 147. Approval Required: Every change in the rules finally adopted
by the Commission shal-77submitted to the Governing Body of the City
for its consideration and approval.
Bids were read from Gifford -Hill -American, Inc., Dallas, Texas, on
approximately 5,000 feet of 12" reinforced centrifugal concrete pressure
pipe, 100 foot head, at $3.10 per foot. Delivery, job site: Delivery
approximately 60 days from date of order. Discount: 2%, 10 days.
After discussion, motion was made by Commissioner Spikes, seconded by
Commissioner Whiteside, carried unanimously, that the bid be accepted
for purchase of this pipe.
Motion by Commissioner Hufstedler, seconded by Commissioner Whiteside,
carried unanimously, to authorize installation of traffic signal light
at 31st Street and Avenue "Q", also at 4th Street and Avenue "Q".
Motion by Commissioner Spikes, seconded by Commissioner Hufstedler
carried unanimously, the following Resolution was passed.
RESOLUTION
RESOLUTION APPROVING AND ADOPTING ESTIMATE OF TEE COST OF IMPROVEMENTS
AND OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF GRADING,
LAYING CURB AND GUTTER AND PAVING PORTIONS OF CERTAIN STREETS, AVENUES
AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, SAID IMPROVEMENTS BEING
DESIGNATED AS GWO NO. 474, FIXING THE TIME AND PLACE FOR HEARING TO THE
OWNERS OF ABUTTING PROPERTY, AND OTHER PEi•.SONS INTERESTED IN SAID PROPERTY
AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE ON BEHALF OF THE GOVERN'
ING BODY OF THE CITY OF LUBBOCK, TEXAS:
WHEREAS, the Governing Body of the City of Lubbock has heretofore
ordered that portions of the streets, avenues and alleys be improved
by grading, installing concrete curb and gutter and paving with caliche
base and quadruple asphalt surface together with incidentals and
appurtenances, and contract therefor was made and entered into with
L. A. Purtell, of the City of Lubbock, Texas; 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 improve-
ments and estimates of the amounts per front foot proposed to be
assessed against abutting property and the ovv:ners thert_of, and such
estiffa tes have been prepared and examined;
THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF LUBBOCK, TEXAS.
I.
Such estimates be and they are hereby adopted and approved.
II .
It is hereby found and determined that the cost of improvements
on such portion of said streets, avenues and alleys v+dth the am unt or
amounts per front foot proposed to be assessed for such improvements
against he abutting property and the ot-•ners thereof, on the portions
of said streets, avenues and alleys are as follows, to -wit:
23rd Street from its intersection with the West Property Line of Avenue
N to its intersection with the Ei-st Property Line of Avenue P, designated
as Unit No. $98; the estimated cost of the improvements is $3,268.02;
the estimated amount per front foot to be assessed against abutting
property and owners thereof for curb is $0.55; the estimated amount per
front foot to be assessed against abutting property and owners therof
for improvements exclusive of curb is $2.06 for front abutting property
and $1.37 for side abutting property.
24th Street from its intersection with the West Property Line of
Avenue P to its intersection with the East Property Line of Avenue Q,
designated as Unit No. 699; the estimated cost of the improvements is
43,020.56; the estimated amount per front foot to be assessed against
abutting property and owners thereof for curb is $0.55; the estimated
amount per front foot to be assessed against abutting property and owners
thereof for improvements exclusive of curb is $1.83 for front abutting
property and $1.22 for side abutting property.
Avenue W from its intersection with the South Property Line of 19th
Strut to its intersection with the North Property Line of 20th Street,
designated as Unit No. qOO; the estimated cost of the improvements is
$1,357.32; the estimated amount per front foot to be assessed against
abutting property and owners thereof for curb is $0.55; the estimated
amount per front foot to be assessed against abutting property and
owners thereof for improvements exclusive of curb is $1.84 for front F
abutting property and $1.23 for side abutting property.
Avenue W from its intersection with the Louth Property Line of 20th
Street to its intersection with the North Property Line of 21st Street,
designated as Unit No. 701; the estimated cost of the improvements
is $1,549.01; the estimated amount per front foot to be assessed
against abutting property and owners thereof for curb is $0.55; the
estimated amount per front foot to be assessed against abutting property
and owners thereof for improvements exclusive of curb is $1.99 for
front abutting property and $1.33 for side abutting property.
u
Avenue W from its intersection with the South Property Line of 21st
Streit to its intersection with the North Property Line of 22nd Street
designated as Unit No. 702; the estimated cost of the improvements is
$1,549.01; the estimated amount per front foot to be assessed against
abutting property and owners thereof for curb is $0.55• the estimated
amount per front foot to be assessed against abutting property and
owners thereof for improvements exclusive of curb is $1.99 for front
abutting property and $1.33 for side abutting property.
Avenue W from its intersection with the South Property Line of 22nd
Street to its intersection with the North Property Line of 23rd Street,
designated as Unit No. 703; the estimated cost of the improvements is
41,549.01; the estimated amount per front foot to be assessed against
abutting property and owners thereof for curb is $0,55; the estimated
amount per front foot to be assessed against abutting property and owners
thereof for improvements exclusive of curb is $1.91 for front abutting
property and 41.27 for side abutting property.
Avenue W from its intersection with the South Property Line of 23rd Street
to its intersection with the North Property Line of 24th Street, desig-
nated as Unit No. 704; the estimated cost of the improvements is $1,549.01;
the estimated amount per front foot to be assessed against abutting
property and owners thereof for curb is $0.55; the estimated amount
per front foot to be assessed against abutting property and owners
thereof for improvements exclusive of curb is $1.91 for front abutting
property and $1.27 for side abutting property.
Avenue W from its intersection with the South Property Line of 24th
Street to its intersection with the North Property Line of 25th Street,
designated as Unit No. 705; the estimated cost of the improvements is
$1,549.01; the estimated amount per front foot to be assessed against
abutting property and owners thereof for curb is $0.55; the estimated
amount per front foot to be assessed against abutting property and owners
thereof for improvements exclusive of curb is $1.91 for front abutting
property and $1.27 for side abutting property.
20th Street from its intersection with the West Property Line of
Tyler Avenue to its intersection with the West Property Line of Polk
Avenue, designated as Unit No! 706; the estimated cost of the improve-
ments is $3,410.41; the estimated amount per front foot to be assessed
against abutting property and owners thereof for curb is $0.55; the
estimated amount per front foot to be assessedA7,ainst abutting property
and owners thereof for improvements exclusive of curb is $2.03 for front
abutting property.
27th Street from its intersection with the West Property Line of --
Jackson Avenue to its intersection with the E.=st Property Line of Van
Buren Avenue, designated as Unit No. 708; the estimated cost of they
improvements is $2,994.75; the estimated amount per front foot to be
assessed against abutting property and owners thereof for curb is
$0.55; the estimated amount per front foot to be assessed against
abutting property and owners thereof for improvements exclusive
of curb is .77 for front abutting property
Avenue V from its intersection with the South Property Line of North
2nd Street to its intersection with the Center Line of 1st Street,
designated as Unit No. 711; the estimated cost of the improvements is
$39278.41; the estimated amount per front foot to be assessed against
abutting property and owners thereof for curb is $0.55; the estimated
amount per 'front foot to be assessed against abutting property and
owners there of fcr improvements exclusive of curb is $1.99 for front
abutting property and $1.33 for side abutting property.
Avenue V from its intersection with the Center Line of lst Street to
Its intersection with the North Property Line of 2nd Street, designated to
Unit No. 712; the estimated cost of the improvements is $3,278.41; the
estimated amount per front foot to be assessed against abutting property
and owners thereof for curb is $0.55; the estimated amount per front foot
to be assessed against abutting property and owners thereof for-L�
improvements exclusive of curb is $1.95 for front abutting property. 6a
�� mo
31st Street from its intersection with the West Property Line of College
Avenue to Its intersection with the West Property Line of Washington
Avenue, designated as Unit No. 714; the estimated cost of the improvements
is $3,255.61; the estimated amount per front foot to be assessed against
abutting ,property and owners thereof for curb is $0.55; the estimated
amount pBr front foot to be assessed against abutting property and
owners thereof for improvements exclusive of curb is $2.05 for front
abutting property.
31st Street from its intersection with the West Property Line of
Washington Avenue to its intersection with the West Property Line
of Adams Avenue, designated as Unit No. 715; the estimated cost of
the improvements is $4,300.44; the estimated amount per front foot to
be assessed against abutting property and owners thereof for curb is
$0,55; the estimated amount per front foot to be assessed against abutting
roperty and owners thereof for improvements exclusive of curb is
2.03, for front abutting property.
Sanders Street from its intersection with the West Property Line of
Vernon Avenue to its intersection with the West Property Line of Uvalde
Avenue, designated as Unit No. 717; the estimated cost of the improve-
ments is �3,339.17; the estimated amount per front foot to be assessed
against abutting property and owners thereof for curb is $0.55; the
estimated amount per front foot to be assessed against abutting
pro erty and owners the re of for the improvements exclusive of curb
is 12.03 for front abutting property.
32nd Street from its intersection with the West Property Line of
Washington Avenue to its intersection with the West Property Line of
Adams Avenue, designated as Unit No. 718 ; the estimated cost of the
improvements if $4,300.44; the estimated amount per front foot to be
assessed against abutting property and owners thereof for curb is
$0.55; the estimated amount per front foot to be assessed against
abutting property and owners thereof for the improvements exclusive
of curb is $2.03 for front abutting property.
32nd Street from its intersection with the West Property Line of Adams
Avenue to its intersection with the West Property Line of Jefferson
Avenue, designated as Unit No. 719; the estimated cost of the
improvements is $1,835.60; the estimated amount per front food' Po be
assessed against abutting property and owners thereof for curb is $0.55;
the estimated amount 2.er front foot to be assessed against abutting
property and owners thereof for improvements exclusive of curb is
$2.23 for front abutting property.
32nd Street from its intersection with the West Property Line of Jefferson
Avenue to its intersection with the West Property Line of Monroe Avenue,
designated as Unit No. 720; the estimated cost of the improvements is
$4,664.10; the estimated amount per front foot to be assessed against
abutting property and owners thereof for curb is $0.55; the estimated
amount per front foot to be assessed against abutting proerty and owners
thereof for improvements exclusive of curb is $2.11 for front abutting
property.
Avenue W from its intersection with the South Property Line of 25th Street
to its intersection w1th the North Property Line of 26th Street, desig-
nated as. Unit No. 727; the estimated cost of the improvements is $1,549.01
the estimated amount per frond foot to be assessed against abutting
property and owners thereof for curb is $0.55,; the estimated amount per
front foot to be assessed against abutting property a-nd owners thereof
for improvements exclusive of curb is $1.99 for front abutting property
and $1.33 for side abutting property.
Avenue W from its intersection with the South Property Line of 26th
Street to its intersection with the North Property Line of 27th Street,
designated as Unit No. 728; the estimated cost of the improvements is
$1,549.01; the estimated amount per front foot to be assessed against
abutting property and owners thereof for curb is $0.55; the estimated
amount per front foot to bet assessed against abutting property and owners
thereof for improvements exclusive of curb is $1.91 for front abutting
property and $1.27 for side abutting property;
29th Street from its intersection with the East Property Line of
Monroe Avenue to its intersection with the East Property Line of
Jackson Avenue, designated as Unit No. 729; the estimated cost of the
improvements is $3,411.92; the estimated amount per front foot to be
assessed against abutting 1r operty and owners thereof for curb is
$0.55; the estimated amount per front foot to be assessed against
abutting prpperty and owners thereof for improvements exclusive of
curb is $2.05 for front abutting property.
Avenue K from its intersection with the South Property Line of 25th
Street to its intersection with the East Property Line of Avenue L,
designated as Unit No. 733; the estimated cost of the improvements is
$6,119.49; the estimated amount per front foot to be assessed against
abutting property and owners thereof for curb is $0.55; the estimated
amount per front foot to be assessed against abutting pro erty
and owners thereof for improvements exclusive of curb is K.99 for
front abutting property.
24th Street from its intersection with the West Property Line of Avenue
T to its intersection with the East Property Line of Avenue U, designated
as Unit No. 734; the estimated cost of the improvements is $1,575.56;
the estimated amount per front foot to be assessed against abutting
porperty and owners thereof for curb is $0.55; the estimated amount
per front foot t6 be assessed against abutting K.99
operty and owners
thereof fdr improvements exclusive of curb is for front abutting
property and $1.33 for side abutting property.
Jackson Avenue from its intersection with the South Property Line of
22nd Street to its intersection with the North Property Line of 23rd
Street, designated as Unit No. 735; the estimated cost of the improve-
ments is $1,328,,I1; the estimated amount per front foot to be assessed
against abutting property and owners thereof for curb is $0.55; tho
estimated amount per front foot to be assessed against abutting property
and owners thereof for improvements exclusive of curb is 11.26 for side
abutting property.
26th Street from its intersection with the West Property Line of Avenue
Q to its intersection with the East Property Line of Avenue S, desig-
nated as Unit No. 736; the estimated cost of the improvements is $3,020.56;
the estimated amount per front foot to be assessed against abutting
property and owners thereof for curb is $0.55; the estimated amount per
front foot to be assessed against abutting property end owners thereof
for improvements exclusive of curb is $1.83 for front abbtting property.
29th Street from its intersection with the East Property Line of
Avenue H to its intersection with the East Property Line of Morning
Side Addition, designated as Unit No. 737; the estimated cost of the
improvements is $6,685.93; the estimated amount per front foot to be
assessed against abutting property and owners thereof for curb is
$0.55; the estimated amount per front foot to be assessed against abutting
property and owners thereof for improvements exclusive of curb is $2.11
for front abutting property.
Harrison Avenue from its intersection with the South Property Line of
19th Street to its intersection with the North Property Line of lath
Street, designated as Unit No. 738; the estimated cost of the improve-
ments is $2,201.41; the estimated amount per front foot to be assessed
against abutting property and owners thereof for curb is $0.55; the
estimated amount per front foot to be assessed against abutting property
and owners thereof for improvements exclusive of curb is $2.15 for
front abutting property.
Harrison Avenue from its intersection with the South Property Line of
20th Street to its intersection with the North Property Line of 21st
Street, designated as Unit No. 738; the estimated cost of the improve-
ments is $1,794.37; the estimated amount Per front foot to be assessed
against abutting property and owners thereof for curb is $0.55; the
estimated amount per front foot to be assessed against abutting property
and owners thereof for improvements exclusive of curb is $1.47 for side
abutting property.
Avenue U from its intersection with the south Property Line of 5th
Street to its intersection with the North Property Line of 6th Street,
designated as Unit No. 741; the estimated cost of the improvements
is $1,270.26; the estimated amount per front foot to be assessed against
abutting property and owners thereof for curb is $0.55; the estimated
amount per front foot to be assessed against abutting property and owners
thereof for improvements exclusive of curb is $1.92 for front abutting
property and $1.28 for side abutting property. ,
25th Street from its intersection with the West Property Line of Tyler
Avenue to its intersection with the West Property Line of Polk avenue,
designated as Unit No. 742; the estimated cost of the improvements
is $3,410.41; the estimated amount per front foot to be assessed
against abutting property and owners thereof for curb is$0.55; the estim-
ated amount per front foot to be assessed against a bgetti rgperty
and owners thereof for improvements exclusive of curs- is2.03 for front
abutting property.
Avenue M from its intersection with the South Property Line of 2nd
Street to its intersection with the North Property Line of 4th Street,
designated as Unit No. 743; the estimated cost of the improvement
is 07,812.51; the estimated amount per front foot to be assessed against
abutting property and owners thereof for curb is �0.55; the estimated
amount per front foot to be assessed against abutting property and
owners thereof for improvements exclusive of curb tp 02.24 for front
abutting property; the estimated Lost of the Railroad Crossings at
Avenue M and 3rd Street is 4130.06.
Vernon Avenue from its intersection with the North Property Line of
1st Street to its intersection with the North Property Line of 2r.d
Street, designated as Unit No. 744; the estimated cost of the improvements
is $3,458.80; the estimated amount per front foot to be assessed
against abutting property and owners thereof for curb is $0.55; the
estimated amount per front foot to be assessed against abutting property
and owners thereof for improvements exclusive of curb is 2C08 for front
abutting property.
Vernon Avenue from its intersection with the North Property Line of
2nd Street to its intersection with the North Property Line of Sanders
Street, designated as Unit No. 745; the estimated cost of the improve-
ments is $1,780.72; the estimated amount per front foot to be assessed
against abutting ro erty and owners thereof for curb is $0.55; the
estimated amount per front foot to be assessed against abutting property
and owners thereof for improvements exclusive of curb is $1.74 for side
abutting property.
Vernon Avenue from its intersection with the South Property Line of
Sanders Street to its intersection with the North Property Line of
3rd Street, designated as Unit No. 746; the estimated cost of the improve-
ments is $1,419.91; the estimated amount per front foot to be assessed
against abuttJuZ property and owners thereof for curb is $0.55; the
estimated amount per front foot to be assessed against abutting property
and owners thereof for improvements exclusive of curb is $1,44 for side
abutting property.
Vernon Avenue from its intersection with the North Property Line
of 3rd Street to its intersection with the North Property Line of 4th
Street, designated as Unit No. 747; the estimated cost of the improvemen
is $3,420.07; the estimated amount per front foot to be assessed against
abutting property and owners thereof for curb is $0.55; the estimated
amount per front foot to be assessed against abutting property and
owners thereof for improvements exclusive of curb is $2.09 for front
abutting property.
8th Street from its intersection with the West Property Line of Avenue
N to its intersection with the East Property Line of Avenue 0, designated
as UnIt No. 748; the estimated cost of the improvements is $1,557.81;
the estimated amount per front foot to be assessed against abutting
property and owners thereof for curb is $0.55; the estimated amount
per front foot to be assessed against abutting property and owners
thereof for improvements exclusive of curb is $2.31 for front abutting
property and $1.54 for side abutting property.
Avenue V from its intersection with the South Property Line of 32nd
Street to its intersection with the Center Lthe of 33rd Street,
designated as Unit No. 749; the estimated cost of the improvements
is $1,729.40; the estimated amount per front foot to be assessed
against abutting property and owners thereof for curb is $0.55; the
estimated amount per front foot to be assessed against abutting
roperty and owners thereof for improvements exclusive of curb is
1.50 for side abutting property.
Avenue V from its intersection with the Center Line of 33rd Street
to its intersection with the North Property Line of 34th Street, desig-
nated -as Unit No. 750; the estimated cost of the improvements is
$1,876.47; the estimated amount per front foot to be assessed against
abutting Iroperty and owners thereof for curb is $0.55; the estimated
amount per front foot to be assessed against abutting property
and owners thereof for improvements exclusive of curb is g2.54 for
front abutting property and $1.69 for side abutting property.
23rd Street from its intersection with the East Property Line of Avenue
L to its intersection with the West Property Line of Avenue K.
designated as Unit No. 751; the estimated cost of the improvements is
41,261.41; the estimated amount per front foot to be assessed against
abutting property and owners thereof for curb is $0.55; the estimated
amount per front foot to be assessed against abutting property and
owners thereof for improvements exclusive of curb is $1.95 for front
abutting property.
23rd Street from its intersection with the East Property Line of
.kvenue K to its intersection with the West Property Line of Texas
Avenue, designated as Unit No.,752; the estimated cost of the improve-
ments is $2,956.17; the estimated amount per front foot to be assessed
against abutting property and owners thereof for curb is $0.55; the
estimated amount per front foot to be assessed against abutting property
and owners thereof for improvements exclusive of curb is $2.28 for
front abutting property and $1.52 for side abutting property.
23rd Street from its intersection with the East Property Line of Texas
Avenue to its intersection with the West Property Line of Avenue H,
designated as Unit No. 754; the estimated cost of the improvements is
$1,600.71; the estimated amount per front foot to be assessed against
abutting property and owners thereof for curb is $0,55; the estimated
amount per front foot to be assessed against abutting property and owners
thereof for improvements exclusive of curb is $2.00 for front abutting
property.
21st Street from its intersection with the West Property Line of Tyler
Avenue to its intersection with the West Propert* Line of Polk Avenue
designated as Unit No. 755; the estimated cost of the improvements is
$3,410.41; the estimated amount per front foot to be assessed against
abutting property and owners thereof for curb is $0.55; the estimated
amount per front foot to be assessed against abutting property and
owners thereof for improvements .exclusive of curb is $2.03 for front
abutting property.
33rd Street from its intersection with the West Property Line of College
Avenue to its intersection with the West Property Line of Washington ..
Avenub,`designated as Unit No. 756; the estimated cost of the improve-
ments is 43,649.51; the estimated amount per front foot to be
assessed against abutting property and owners thereof for curb is $0.5.'�j
the estimated amount per front foot to be assessed against abutting
property and owners thereof for improvements exclusive of curb is
$2.36 for front abutting property.
33rd Street from its intersection with the West Property Line of Wash-
ington Avenue to its intersection with the West Property Line of Adams
Avenue, deslignated as Unit No. 757; the estimated cost of the improve-
ments is $4,767.86; the estimated amount per front foot to be assessed
against abutting property and owners therYeof for curb is $0.55; the
estimated amount per front foot to be assessed against abutting
roperty and owners thereof for improvements exclusive of curb is
2.32 for front abutting property.
33rd Street from Its intersection with the West Property Line of
Adams Avenue to its intersection with the East Property 114e of
Jefferson Avenue, designated as Unit No. 758; the estimated cost of
the improvements ill $1,71c1 the estimated amount per front foot to
be assessed against abutting property and owners thereof for curb is
$0.55; the estimated amount per front foot to be assessed against
abutting property and owners thereof for improvements Exclusive
of curb is $2.09 for front abutting property.
33rd Street from its intersection with the East Property Llne of
Jefferson Avenue to its intersection with the East Property Line of
Monroe Avenue, designated as Unit No. 759; the estimated cost of
the improvements is $4,964.99; the estimated amount per front foot
to be assessed against abutting property and owners thereof for
curb is $0,.55; the estimated amount per front foot to be assessed
against abutting property and owners thereof for improvements exclusive
of curb is $2.29 for front abutting property.
31st Street from its intersection with the West Property Line of Avenue
L to its intersection with the East Property Line of Avenue N,
designated as Unit No. 760; the estimated cost of the improvements is
$2,222.83; the estimated amount per front foot to be assessed against
t=butting property and owners thereof for curb is $0.55; the estimated
amount per front foot to be assessed against abutting property and owners
thereof for improvements exclusive of curb is $1.83 for front abutting
property and $1.22 for side abutting property.
31st Street from its intersection with the West Property Line of Avenue
N to its intersection with the East Property Line of Avenue P. designated
as Unit No. 761; the estimated cost of the improvements is $2,943.11;
the estimated amount per front foot to be assessed against abutting
property and owners thereof for ctm b is $0.55; the estimated amount
per front foot to be assessed against abutting property and owners
thereof for improvements exclusive of curb is $1.83 for front abutting
property and $1.22 for side abutting property.
33rd Street from its intersection with the West Property Line of
Avenue L to its intersection with the East Property Line of Avenue
N, designated as Unit No. 768; the estimated cost of the improvements
is $2,222.83; the estimated amount per front foot to be assessed against
abutting property and owners thereof for curb is 40.55; the estimated
amount per front foot to be assessed against abutting property and
owners thereof for improvements exclusive of curb is $1.83 for front
abutting property and $1.22 for side abutting property.
33rd Street from its intersection with the West Property Line of Avenue
N to its intersection with the East Property Line of Avenue P, designated
as Unit No. 769; the estimated cost of the improvements is $2,943.11;
the estimated amount per front foot to be assessed against abutting
property and owners thereof for curb is $0.55; the estimated amount
per front foot to be assessed against abutting property and owners
thereof for improvements exclusive of curb is 41.83 for front abutting
property and $1.22 for side abutting property.
28th Street from its intersection with the West Property Line of
Monroe Avenue to its intersection with the East Property Line of °
Jackson Avenue, designated as Unit No. 770; the estimated cost of the
improvements is 43,680.26; the estimated amount per front foot to be
assessed against abutting property and owners thereof for curb is
$0.55; the estimated amount per front foot to be assessed against
abutting property and owners thereof for improvements exclusive of
curb is $2.26 for front abutting property.
28th Street from its intersection with the Center Line of Van Buren
Avenue to its intersection with the West Property Li4e of Tyler Avenue,
designated as Unit No. 771-A; the estimated cost of the improvements
is $7,170.10; the estimated amount per front foot to be assessed against
abutting property and owners thereof for curb is $0.55; the estimated
amount per front foot to be assessed against abutting property and owners
thereof for improvements exclusive of curb is $2.23 for front abutting
property.
28th Street from its intersection with the West Property Line of
Jackson Avenue to its intersection with the Center Line of Van Buren
Avenue, designated as Unit No. 771-B; the estimated cost of the improve-
ments is $4,021.78; the estimated amount per front Boot to be assessed
against abutting property and owners thereof for curb is $0.55; the
estimated amount per front foot to be assessed against abutting property
and owners they of for improvements exclusive of curb is $2,48 for
front abutting property.
Adams Avenue from its intersection with the North Property Line of
College View Addition to its intersection with the North Property Line
of 31st Street, designated as Unit No. 772; the estimated cost of the
improvements is $796.22; the estimated amount rer front foot to be assessed
against abutting property and owners thereof for curb is $0.55; the
estimated amount per front foot to be assessed against abutting property
and owners thereof for improvements exclusive of curb is $1.38 for side
abutting property.
Adams Avenue from its intersection with the South Property Line of 31s-
Street to its intersection with the North Property Lli,_- of 32nd Street
designated as Unit No. 773; the estimated cost of the improvements is
$1,707.82; the estimated amount per front foot to be assessed against
abutting property and owners thereof for curb is $0.55; the estimated
amount per front foot to be assessed against abutting property and own4
thereof for improvements exclusive of cubb is�jl.50 for side abutting
property.
Adams Avenue from its intersection with the South Property Line of
32nd Street to its intersection with the North Property Line of 33rd
Street, designated as Unit No. 774; the estimated cost of the improve-
ments is $1,719.37; the estimated amount per front foot to be assessed
against abutting property and owners thereof for curb is $0.55; the
estimated amount per front foot to be assessed against abutting
roperty and owners thereof for improvements exclusive of curb is
1.51 for side abutting property.
Adams Avenue from its intersection with the South Property Line of 33rd
Street to its intersection with the North Property Line of 34th Street,
designated as Unit No. 775; the estimated cost of the improvements is
$1,914.21; the estimated amount per front foot to be assessed against
abutting roperty and owners thereof for curb is $0.55; the estimated
amount per front foot to be assessed against abutting property and
owners thereof for improvements exclusive of curb is $2.60 for front
abutting roperty and $1.73 for side abutting property .
28th Street from its intersection with the West Property Line of Avenue
P to its intersection with the East Property Line of Avenue Q, designated
as Unit No. 778; the estimated cost of the improvements is $3,020.56;
the estimated amount per front foot to be assessed against abutting
property and owners thereof for curb is $0.55; the estimated amount
per front foot to be assessed against abutting property and owners there
for improvements exclusive of curb is $1.83 for front abutting property.
33rd Street from its intersection with the West Property Line of
Avenue T to its intersection with the East Property Line of Avenue
V and Avenue U from its intersection with the South Property Line of
32nd Street to its intersection with the North Property Lipe of
35th Street, designated as Unit No. 776; the estimated cost of the
improvements is $10,433.53; the estimated amount per front foot to be
a ,sensed against abutting property and owners thereof for curb is
$0.55; the estimated amount per front foot to be assessed against
abutting property and owners thereof for improvements exclusive of curb
is $2.23 for front abutting property and $1.49 for side abutting
property.
Avenue U from its intersection with the South Property Line of 4th
Street to its intersection with the North Property Line of 5th Street,
designated as Unit No. 740; the estimated cost of the improvements is
$2,212.83; the estimated amount per front foot to be assessed against
abutting property and owners thereof for curb is $0.55; the estimated
amount per front foot to be assessed against abutting property and
owners thereof for improvements exclusive of curb is $2.07 for front
abutting property and $1.38 for side abutting property.
Total Estimated Cost of all Units is - $1789479.81.
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 hearing shall be given and
held on the 23 day of September , 19489 at
2 o'clock P. M. on the second floor in the City Hall,
City o iubbock, 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
Published Sept. of an Act passed at the first called session of the 40th Legislature
12, 14 and 15,1948.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 times in a newspaper published
in. the City of Lubbock, Texas; the first publication shall be made at
least ten 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.
PASSED AND APPROVED BY UNANIMOUS VOTE OF TFI. GOVERNING BODY OF THE
CITY OF LUBBOCK, this _j 9 day of j22jember , 1948.
W. H. Rodgers
Mayor T
City of LAabbock, Texas
J
ATTEST.,
_La-venia Williams
City SSecretary
Motion by Commissioner Hufstedler, seconded by Commissioner Whiteside,
carried unanimously, to authorize employment of Butler -Brasher
Architectuf&l firm as architects on construction of Fire Station
Building at College Avenue and 3rd Street. Also to authorize the City
Manager to bring proposed sites for Fire Station No. 5 to the City
Commission for consideration. This new fireL station to be located in
Southwest portion of the City.
Messrs. Ash Thompson and Ed Waldrip, Representatibes of the Youth
Welfare Committee of the Jr. Chamber of Commerce, appeared before
the City Commission in regard to their sponsoring a Teen -Age Center
in the City of Lubbock, and requesting that the City Commission lease
them a site for building. There was discussion, and the City Manager
was instructed to work with these men in an effort to comply with their
request.
Motion by Commissioner Whiteside,. seconded by Commissioner Hufstedler,
carried unanimously, the following Resolution was passed.
RESOLUTION
�.3
[ RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF THE GRANT
AGREEMENT CONCERNING FEDERAL AID IN THE DEVELOPMENT OF TBE LUBBOCK
rMUNICIPAL AIRPORT, LUBBOCK, TEXAS.
Be it resolved by the City Commission of the City of Lubbock,
Texas.
SECTION 1. That the City of Lubbock, Texas shall enter into
and accept the Grant Agreement for the purpose of obtaining Federal
aid in the development of Lubbock Municipal Airport and that such
agreement shall be as set forth hereinbelow.
SECTION 2. That the Honorable W. H. Rodgers, Mayor of the
City of Lubbock,, Texas, is hereby authorized and directed to execute
and accept the Grant Agreement on behalf of the City of Lubbock,
Texas and Lavenia Williams, City Secretary for the City of Lubbock,
Texas, is hereby authorized and directed to impress the official
seal of the City of Lubbock, Texas and to atte-st said execution.
SECTION 3. That the Grant Agreement referred to hereinabove
shall be as follows:
GRANT AGREEMENT
Part I- Offer
I
Date of Offer Sept. 3, 1':a48 L.C.E.
Lubbock Municipal Airport
Project No. 9-41-071-801
TO: City of Lubbock, Texas
(herein referred to as the "Sponsor")
FROM: The United States of America (acting through the Administrator of
Civil Aeronautics, herein referred to as the "Administrator")
WHEREAS, the Sponsor has submitted to the Administrator a Project Applica-
tion dated June 18, 1948 for a grant of Federal funds for a rroject for
development of the Lubbock Municipal airport (herein called the
"Airport"), together with plans and specifications for such project,
which Project Application, as approved by the Administrator, is hereby
incorporated herein and made a part hereof; and
WHEREAS, the Administrator has approved a project for development of the
Airport (herein called the "Project") consisting of the following described
airport development:
Construction of administration
building, watersupply and
-sewage disposal systems and
paved walks; fencing
all as more particularly described in the survey map and plans and
specifications incorporated in the said Project Application;
NOW THEREFORE, pursuant to and for the purposes of carrying out the
provisions of the Federal Airport.Act (60 Stat. 170; Pub. Law 377,
79th Congress), and inconsideration of (a) the Sponsor's adoption and
ratification of the representations and assurances contained in said
Project Application, and its acceptance of this Offer, as hereinafter
provided, and (b) the benfits to accrue to the United States and the
public from the accomplishment of the Project and the operation .Ind
maintenance of the Airport, as herein provided,
THE ADMINISTRATOR, FOR AND ON BEHALF OF THE. UNITED STATES, HEREBY OFFERS
AND AGREES to pay, as the United States' share of costs incurred in
accomplishing the Project, 50 percentum of all allowable project costs,
subject to the following terms and conditions:
1. The maximum obligation of the United States payable under this
offer shall be $210,000.00
L.C.E.
2. The Sponsor shall
(a) begin accomplishment of the Project within a reasonable
time after acceptance of this Offer, and
(b) carry out and complete the Project in accordance with
the terms of this Offer, and the Federal Airport Act and
the Regulations promulgated thereunder by the Administrtor
in effect on the date of"this Offer, which Act and Regulat
are incorporated herein and made a part hereof, and
(c) carry out and complete the Project in accordance with the
plans and specifications incorporated herein as they may
be revised or modified with the approval of the Administrator
or his duly authorized representatives.
3. The Sponsor shall operate and maintain the Airport as provided
in the Project Application incorporated herein.
4. Any misrepresentation or omission of a material fact by the
Sponsor concerning the Project or the Sronsor's authority or
ability to carry out the obligations assumed by the Sponsor
in accepting this Offer shall terminate the obligation of
the United States, and it is understood and agreed by the Sponsor
in accepting this Offer that if a material fact has been mis-
represented or omitted by the Sponsor, the Administrator on
behalf of the United States may recover all grant payments made.
5. The Administrator reserves the right to amend or withdraw this
Offer at any time prior to its acceptance by the Sponsor.
6. This Offer shall expire and the United States shall not be
obligated to pay any of the allowable costs of the Project
unless this Offer has been accepted by the Sponsor within
60 days from the above date of Offer or such longer time as
may be prescribed by the Administrator in writing.
7,1a) The United States will not make, nor be obligated to make,
any payment under this Grant Agreement until them: has been
submitted to the Administrator evidence, satisfactory to him,
that the Sponsor has agreed to the extinguishment of the
leasehold interest of the United States in the airport
premises on terms and conditions satisfactory to the
Administrator. The Sponsor by its acceptance of this
grant offer covenants and agrees that it will take promptly
all steps necessary on its part to effect such extinguishment.
(b) It is mutually understood and agreed that the United
States will not make final payment of the allowable
costs of this project until the sponsor has submitted
satisfactory evidence that the airport approach areas,
as defined in Office of Airport Drawing No. 672,
dated Septemer 1, 1946, have been protected by the adoption
of a zoning ordinance and regulations or by securing
avigation easements or otherwise, prohibiting the creation,
establishment, erection or construction in such areas of
airport hazards to the extent provided for in such Drawing
or approved by the Administrator as sufficient in the case
of this particular airport, It is further mutually
understood and agreed that if the approach areas shall have
been protected by the acxuisition of avigation easements or
other interests in land, the assumption of this obligation
shall not operate to bar inclusion of such acquisition in
a subsequent project.
The Sponsor's acceptance of this Offer and ratification and adoption of
the Project Application incorporated herein shall be evidenced by
execution of this instrument by the Sponsor, as hereinafter provided,
and said Offer and acceptance shall comprise a Grant Agreement, as
provided by the Federal Airport Act, constituting the obligations
and rights of the United States and the Sponsor with respect to the
accomplishment of the Project and the operation and maintenance of the
Airport. Such Grant Agreement shall become effective upon the Sponsor's
i�
acceptance of this Offe3' dhd shall remain in full force and effect
throughout the useful life of the facilities developed under the
Project but in any event n6t to exceed twenty years from the date of
said acceptance.
UNITED STATES OF AMERICA
THE ADMINISTRATOR OF CIVIL AERONAUTICS
By Is4 L. C._Elliott
Regional Administrator, Reg n F ooour
Part II - Acceptance
The City of Lubbock, Texas does hereby ratify and adopt all statements,
representations, warranties, covenants, and agreements contained in the
Project Application and incorporated materials referred to in the fore-
going Offer and does hereby accept said Offer and by such acceptance
agrees to all of the terms and conditions thereof.
Executed this 9 day of Sept._, 1948 .
CITY OF LUBBOCK TEXAS
Name of Sponsor
( SEAL)
By W. H. Rodgers_
Title Mayor
Attest: Lavenia Williams
Title: City Secretary
Motion by Commissioner Whiteside, seconded by Commissioner Hufstedler
carried unanimously, the following Resolution was passed;
RESOLUTION DESIGNATING THE Citizens National Bank LUBBOCK,
TEXAS, AS DEPOSITORY FOR THE MMDEING OF IN 1 OUNT FO "FEDERAL
AIRPORT PROJECT, LUBBOCK MUNICIPAL AIRPORT, LUBBOCK, TEXAS, PR',JECT
NO. 9-41-071-801".
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS:
THAT the City of Lubbock, Texas does hereby designate and appoint
Citizens National Bank Lubbock, Texas as depository, which bank is
authorized by law to receive public funds, to ue ,
to receive payments representing the United States' share of the
project costs of the development and improvement of the Lubbock
Municipal Airport, and also to receive payments and monies representing
the share of the City of Lubbock, Texas of the project costs for the
development and improvement of said Lubbock Municipal Airport.
BE IT FURTHER RESOLVED:
THAT said account shall be designated and entitled "Federal Air-
port Project.Lubbock Municipal Airport, Lubbock, Texas, Project No.
9-41-071-801".
BE IT FURTHER RESOLVED:
THAT said account shall be separate and distinct from all other
accounts and that no other funds shall be deposited in said account
except airport funds and monies paid into said account by the City
of Lubbock, Texas and by the Federal Government for the development
of the subject project.
BE IT FURTHER RESOLVED:
THAT the funds so deposited shall be withdrawn by the sponsor only
in payment of the project costs of the development of the project; and
in the event any balance or any unexpended funds shall remain in the
account after completion of the project and the payment of all costs
thereof, the City of Lubbock, Texas shall refund to the United States,
upon demand by the Administrator of Civil Aeronautics, any unexpended
balance of payments made by the Unitr4 States into the Account.
BE IT FURTHER RESOLVED:
THAT the Honorable W. H. Rodgers, Mayor of the City of Lubbock,
Texas, is hereby authorized and directed to transfer to and deposit in
the aforesaid account the sum of Two Hundred Ten Thousand and
No�1OD Dollar"Jgl0 000,00) _ as the sha re of the City of Lubbock,
Texas Tnrtherpaymen of the project costs of the development of the
projects.
MOTION was made by Commissioner Whiteside ,
seconded by Commissioner Hufstedler hat-Ete
above resolution be adopt,:nd u
eda orum bebeing present, the same
was rut to a voteand carried unanimously.
IN WITNESS WHEREOF, W. H. Rodgers, Mayor, hereunto subscribes his
name, this the day and year first above written.
_ W. H. Rotes
�I��Ilayor
No further business coming up for consideration, the'City Commission
recessed to meet September 16, 1948, at 10 A.M.
Read and approved this the 23rd — day of September, 1948.
e�c
ATTEST ; � MAYOR
f�Ci :y ecr try. Y
i�