HomeMy WebLinkAboutMinutes - City Council - Regular - 12/15/1950RECESSED REGULAR MEETING
Lubbock, Texas
December 15, 1950
The City Commission of the City of Lubbock, Texas, met at 10 A.M. in recessed regular
session, recessed from regular meeting of December 14, 1950, at the regular meeting
place in the City Hall, the following members thereof being .present, to -wit:
Mayor Pro tem Harry Morris, Commissioners E. K. Hufstedler, L. E. Davis, Lucian Thomas,
City Attorney Vaughn E. Wilson, City Manager Steve Matthews, City Secretary Lavenia Lowe.
Absent: Mayor Clarence K. Whiteside.
Bids as follows were read on purchase of one street sweeper.
Gaddy Machine Company - P. P. Box 147 - Austin, Texas
Bid No. 2193
1 - Sweeper with Cab & RH Gutter Broom Minimum requirements:
3 Cu. yd. dirt box, C25 x 15, 12 ply tires, 160 gal. water
tank, 239 cu. in motor and at least 54 B.H.P. at not over
2200 R.P.M. 8 ft. sweeping width
Wayne Model - 450
Trade in 1945 Elgin
Serial #64897.
Less Elgin
30 days delivery
sweeper, Motor #528946
8 92478.00
684.75
$8,793.25 -
Above prices are F.O.B. Lubbock. Terms Net. Shipment will be made fvvm
Pomona, California.
H. B. GADDY MACHINERY COMPANY
Per. H. B. GADDY
Rinehart Texas Company - 1835 Smith Industrial Blvd. u Dallas, Texas
1 - Sweeper with Cab & RH Gutter Broom Minimum requirements:
3 Cu Yd. dirt box, 825 x 15, 12 ply tires, 160 gal water
tank, 239 cu. in. motor and at least 54 B.H. P. at not
over 2200 R.P.M. 8 ft. sweeping width
Elgin 1181" $10,480.00
Trade in 1945 Elgin Sweeper, Iriotor #528Q46
Serial #64897 1,500.00
P,980.00
90 days delivery
Above prices are F.O.B. Lubbock. Terms 2% - 20 Days- Pricing Firm Price
Shipment will be made from Elgin Sweeper Co., Elgin, Illinois
RINEHART-TEXAS EQUIPMENT COMPANY
After consideratio n of all bids, motion was made by Commissioner Davis, seconded by
Commissioner Thomas, that the bid of H. B. Gaddy ha.chinery Company of P. 0. Box 147, Austin
Texas, be accepted for this purchase. The purchase price for the street sweeper to be
$9,478.00. The old Elgin Sweeper to be retained by the City.
Motion by Commissioner Davis, seconded by Commissioner Thomas, to authorize Transfer
of funds, as follows:
$5,000.00 to be transferred from 76-Z-2 to ACCOUNT 28-Z-2
$2,500.00 tp be transferred from 28 E-2 to Account 28-Z-2
This transfer required in order to set up funds for purchase of Street Sweep-6r.
The City Budget for the year 1950-51 to be supplemented in the amount of $1,978.00 to
covering the remaining cost of the new sweeper, authorized purchased on this date.
Thisimtion carried by the following vote:
Mayor Pro tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA.
None voting NAY.
There was a discussion of use of Keasby & Mattisons' Century Cement Asbestos Pipe in
approved sizes in the City of Lu-,bock water distribution system, and it was unanimously
agreed that this company be requested to bid when bids are called on for pipe for the
Distribution System.
Motion was made by Commissioner Hufstedler, seconded by Commissioner Thomas, that the
following "Notice to Bidders", for bids to be received for constructing certain Dis-
tribution water mains and appurtenances, be published. Bids to be received at 2 P.M.
January ll,•1951. The motion carried by the following vote:
Mayor Pro tem Harry Morris and Commissioners Hufstedler, Davis and Thomasvoting YEA
None voting NAY.
This being G.W.O. #581, Estimated cost $151,000.00
NOTICE TO BIDDERS
Sealed proposals addtessed to the Honorable Mayor and City.Commission of Lubbock,
Texas, will be received at the office of Steve Matthews, City Manager., until 2:00, P.M.
January 11, 1951, for furnishing all -necessary materialsf machinery, equipment, super-
intendence and labor for constructing certain Distribution Mains and appurtenances, all
for the City of Lubbock, Owner, Lubbock, Texas.
The principal items of work consist of furnishing and installing approximately
1550 feet of 2 inch cast iron water lines; 5099 feet of 6 inch cast iron or asbestos -
cement watermains; 11,903 feet of 8 inch cast iron or asbestos cement mains, 2737 feet
of 10 inch cast iron or approved asbestos cement -mains; 2,216 feet of 12 inch cast
iron or approved asbestos cement mains; 427 feet of 14 inch cast iron or epproved asbestos
cement mains and 3059 feet of 16 inch -cast iron, asbestos cement or steel cylinder
reinforced concrete mains and the necessary appurtenances. All pipe is to be equivalent
to Class 150.
Bidders must submit a Cashier's or Certified Check issued by a baipk satisfactory
to the Owher, or a Proposal Bond from a reliable Surety Company payable without recourse
to the order of the City of Lubbock, Texas in an amount not less than five (5%) per cent
of the largest possible bid submitted as a guaranty that the bidder will enter into a
Contract and execute bond and guaranty in the forms provided within ten (10) days after
notice of award of Contract to him. Bids without the required check or proposal Bond
will not be considered.
The successful Bidder must furnish bond on the form provided in the amount of
100% of the total Contract price from a Surety Company holding a permit from the State
of Texas to act as Surety, or other surety or Sureties acceptable to the Owner.
All lump sum and unit prices must be stated in both script and figures. The
Owner reserves the right to reject any and or all bids and to'waive informalities.
In case of ambiguity dr lack of clearness in stating, the prices in the bids, the
Owner reserves the right to consdder the most advantageous construction thereof, or to
reject the bid. Unreasonable (or "unbalanced") unit prides will authorize the Owner
to reject the bid.
Bidders are expected to inspect the site of work and to inform themselves regarding
all local conditions under which the work is to be done.
Attention is called to the provisions of the Acts of the 43rd Legislature of the
State of Texas, page 91, Chapter 45, (Article No. 5159A Civil Statutes 1925) concerning
the wage scale and payment of prevailing rates ofia.ges as established by the Owner. Said
saale of prevailing minimum rates of wages is set forth in the specifications.
Information for bidders,, proposal forms, specifications aid plans are on file at
the office of W. B. Holmes, City Engineer, City Hall, Lubbock, Texas, and in the office
of the "Texas Contractor" in Dallas, Texas.
Copies of the Plans and Spedifi cations may be secured at the office of W. B.
Holmes, City Engineer, City Hall, Lubbock, Texas, upon deposit of $20.00 as a guarantee
of the safe return of the plans and specifications. The full amount of the deposit
gill be returned to the Contractor on submitsion of a bona fide bid on the work, with
such Plans and Specifications; or upon returning the plans and specifications immediately
after examination of same, and advising the Engineer that bid will not be submitted;
otherwise the deposit shall be forefeited.
CITY OF LUBBOCK) TEAS
Owner
By: CLAREhCE K. WHITESIDE, Mayor
ATTEST:
LAVENIA LOWE
City Secretary
Motion was made by Commissioner Hufstedler, seconded by Commissioner Davis, to
authorize preparation of plans and specifications for the.construction of a 48 inch
.and 36 inch storm sewer extension from Avenue M to Avenue 0 on 2nd Street, thence
South on Avenue 0 to 3rd Street, thence West on 3rd Street to Avenue P. Estimated
cost: $28,000,00. Expenditure to be made from bond funds. This motion carried by
the following vote:
Mayor Pro-tem Harry Morris and Commissioners Hufstedler, Davi.s•and Thomas voting YEA.
None voting NAY.
and authorize
Motion by Commissioner Hufstedler, seconded by Commissioner Thomas, to approve/final
estimate on G.W.O. No. 574, for Drilling and Development of Water Wells in Section 5,
Block J.S. L.A. Peoples Contractor. Tdtal amount of work done including previously
approved change Order No. 1 being $11,431.26. Amount due on this final estimate: $7,700.99.
This motion carried by the following vote:
Mayor Pro tern Harry Morris, and Commissioners Hufstedler, Davis and Thomas voting YEA.
None voting NAY.
Motion by Commissioner Hufstedler, seconded by Commissioner Davis, to approve and authorize
payment of final estimate on G.W.O. 544, for furnishing high service pnnping units at PUMP
Station No. 4, Barron -Jackson Company, Contractor. Total amount of work done is $31,609.00,
Amount due on this final estimate: $4,741.35. This motion carried by the following tote:
Ma-ror Pro tem Harry.Morris and Commissioners Hufstedler, Davis & Thomas voting YEA.
None voting NAY.
Motion by Commissioner Hufstedler, seconded by Commissioner Thomas, to authorize the Mayor
to execute Pipe Line agreement between the City of Lubbock and Panhandle and Santa Fe
Railway Company for one Sewer pipe line 471.7 feet in length and 12" in diameter, being
Contract No. DEOS 3923, dated October 25, 1950, and crossing under Santa Fe tracks at
Mile Post 88 plus 469.3 feet, being in North Avenue U. This motion carried by the follow-
ing vote:
Mayor Pro tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA
None voting NAY.
Motion by Commissioner Davis, seconded by Commissioner Hufstedler, that the following
Resolution be passed. Thisrotion carried by the followint votes
Mayor Pro tern Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA.
None voting NAY.
RESOLUTION
WHEREAS, On July 13, 1950, it was determined by the City Commission that it was to
the best interests of the City to purchase the water production and distribution facilities
installed in the Circle View Addition and owned by Marvin G. McLarty, Sr. and
WHEREAS, Marvin G. McLarty, Sr. has accepted the City's appraisal offer of $9,805.88
for the existing water system which appraisal is itemized as follows:
DISTRIBUTION SYSTEM: - CIRCLE VIEW ADDITION
2" water lines in the alleys in Blocks 2 to 6 incl.
and Block 8, said lines being' 4355 L.F. 211 C.I. Pipe
in place Cal
$0..85
$3,701.75
Lines North of SPL Wolfforth Road:
2755 L. F. 2" C.I. Pipe in Place
@
$0.85
2,341.75
84 - 3/4" Taps
@
4.00
336.00
4 - 2'r Valves
C
25.00
100.00
3 - 6" Valves
@
65.00
195.00
Sub -Total Pipe Lines $6.9674.50
WATER WELL LOCATED ON LOT 2, BLOCK 8
Pump, Motor and Controls 2,200.00
Well, 156' depth @ 3.00 Incl. setting casing 468.00
Casing 156' - 16" @ 3.00 468.00
Pump Housdi 600.00
Sub- Total Water Well $3,736.00
BRAND TOTAL 10,410.50
Depreciated Value (3% per year - 2 years) 9,805.88
WHEREAS, Marvin G. McLarty, Sr. has agreed to furnish the City of Lubbock an abstract
for examination and merchantable title to the South 32 feet of Lots 1 and 2 and strip of
land 32 feet by 5 feet off of the Soutlhea stoorner of Lot 3, Block 8 of the Circle View
Addition, the abovementioned title to include all structures andimprovements with the
exception of the steel pressure tank which is to be removed by Marvin G. McLarty, Sr.,
when the lines are tied into the City system.
IIN
i
WHEREAS, Marvin G. McLarty, Sr. has agreed to furnish the City of Lubbock with
an easement 15 feet in width centered on the center line of the existing 2" water line
which extends in a Northerly direction from the intersection of the South boundary line
of Wolfforth Roqd and the alley in Block 8 of Circle View Addition #hru unplatted pro-
perty across Avdnue Q TO ITS TERMINUS.
a-
3 • NOW THEREFORE BE IT RESOLVED BY THE CITY CONIISSION OF THE CITY OF LUBBOCK.
THAT, upon the furnishing by Marvin G. McLarty, Sr. of the above mentioned title
and easements that the City of Lubbock will pay the offered amount of $9,805.88 in cash,
in full payment for the abovementioned water facilities.
On motion of Commissioner Thomas seconded by Commissioner Hufstedler, the foregoing
resolution was unanimously passed by the City Commission this 15th day of December, 1950.
HARRY I,'ORRIS
Mayor Pro tem
ATTEST:
LAVENIA LOWE
City Secretary
Approved as to content
W. B . HO111ES
City Engineer
Approved as to Legality
VAUGHN E. WILSON
City Attorney
Motion by Commissioner Davis, sedonded by Commissioner Hufstedler that the following
Resolution be passed. This motion carried by the following vote:
Mayor Pro tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA.
None voting NAY.
RESOLUTION
WHEREAS, the City Commission has heretofore provided Tor paving improvement of the
entire length of Canyon View Drive of Canyon,View Addition to the City of Lubbock, Texas,
to be made under General Work Order Number 579, and has provided for payment by abutting
property owners not to exceed ninety (90) per cent of the cost of the improvements plus
the cost of curb, and has approved the plans and specifications for such improvements,and,
WIEREAS, Canyon View Apartments, Incorporated, of the City of Lubbock, owner of
the property abutting on Canyon View Drive has contracted separately with a competent
contractor for the above paving imprwement in order to complete such improvement simul-
taneously with the housing units now under construction in Canyon View Addition, and the
having improvements are now being constructed in accordance with the above mentioned plans
and specifications under the s upervision of the City Engineer, and the owner desires that
the City contribute its customary share towards such paving, exclusive of the cost of
cost of the curb, and,
WHEREAS, the total cost of the paving project for Street herein described is
$111866.09 and the City's share in connection therewith would be $442.29, which is the
City's share less engineering costs, being well within the cutrent prices for paving
obtained by competitive bidding, and that such payment to be made by the City is reason-
able, fair, and just to the abutting property owners, the City and all other persons
affected thereby, and that the sum $442.29 has been duly budgeted and is available for
such purposes, THEREFORE:
BE IT RESOLVED BY THE CITY C014MISSION OF THE CITY OF LUBBOCK:
I.
That, the City Engineer is authorized and directed to further duly inspect said
paving construction on said Canyon View Drive and to require strict compliance with the
approved plans and specifidations; and upon final approval by the City Engineer, and upon
proof of payment therefor to the Contractor doing the paving work, the City Engineer is
authorized to pay to Canyon View Apartments, Incorporated, the sum of $442.29 in full
and final payment of the City's part of the cost for such paving.
II.
This authority is conditioned that Canyon View Apartments, Incorporated and the
Contractor will pay for all material and labor and other costs incidental to such con-
struction, idemnify the City of Lubbock against any costs, claimer or damages of every
nature pertaining thereto, and that the Contractor furnish the City Engineer with
acceptable e-fidence that the Contractor and his sub -contractors, if any, are adequately
covered by public liability and property damage insurance policies, that the said Canyon
View Apartments, Incorporated will cause such paving to continue to be done according to
the approved plans and specifications, and that upon completion thereof and final approval
of the City Engineer, all improvements designated herein shall be a permanent part of the
said street and the property of the City of Lubbock, without any liability whatsoever,
except for the payment of the sum of $442.29 to the said Canyon View Apartments, Incorporated.
On motion of Commissioner Davis, seconded by Commissioner Hufstedler, the foregoing
resolution was unanimously passed by the City Commission this 15th day of December, 1950.
HARRY MORRIS
Mayor Pro tem
ATTEST:
LAVENIA LOWE
City Secretary
I, Carl Hensley, President of Ahd acting for Canyon View Apartments, Incorporated,
owner of abutting property, and Contractor, Warren and Purtell, Incorporated, do hereby
accept and agree to fully abide by the foregoing provisions for the considerations
therein stated.
President of Canyon View Apartments, Inc.
Warren and Purtell, Inc.
Approved as to content
W . B . HOLIES
City Engineer
Approved as to Legality
?AUGHN E. WILSON
City Attorney
Motion by Commissioner Hufstedler, seconded by Commissioner Thomas, to authorize payment
by the City of Lubbock of $540.00, bein* the difference in the cost between the cost of a
6" and a 12" water line to serve laundry owned by L. B. Jackson Co. at 404 North College
Avenue. Total cost of the line: $980.00. The property owner to pay the $440.00, and be
reimbursed on the basis of our regular water and sewer contracts. The motion carried by
the following vote:
Mayor Pro tem Harry Morris, Commissioners Hufstedler, Davis and Thomas voting YEA.
None voting NAY.
Bids having been read December 14, 1950, for construction of an office building for the
Park and Recreation Departments of the City, building to be located just west of the old
Country Club House at 407 East Broadway, the lowest bid received being in the amognt
of $14,890.00; motion was this date, December 15, 1950, made by Commissioner Davis,
seconded by Commissioner Thomas, that all bids received on December 14, 1950 be rejected
and that the building be constructed by force account by the City of Lubbock, at a total
cost of not to exceed $10,000.00. This motion carried by the following vote:
Mayor Pro tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA.
None voting NAY.
Motion by Commissioner Hufstedler, seconded by Commissioner Davis, to renew agricultural
lease between the City of Lubbock and Bedford Shearer for the year 1951, under the same
terms as the lease for the year 1950, on tract of land as follows; the motion carried by
the following vote:
Mayor pro tem Harry Morris, Commissioners Hufstedler, Davis and Thomas voting YEA.
None voting NAY.
The field notes of the tract of land to be leased by Mr. Shearer follows!
Being 173.72 acres in Lubbock County, 4 miles Northeast of Lubbock-, to -wit:
Part of Survey 41, Block A, beginning at the Northeastcorner of Survey 41,
Block A; Thence South to North line of Railroad; Thence Southwest along
Railrma d 3,522 feet to fence running North between two pastures; Thence North
along said fence 3,050 feet to corner; Thence East 297 feet to turnrow; Thence
North 853 feet to turnin trunrow; Thence 400 feet to a turnrow to edge of field of
wheat; thence Northerly along east line of wheat field to row; thence about 2700
feet to beginning, excepting SO acres off the East side now rented to F. 1, Austin.
There was discussion of purchase of "Sign-0 14eter" for use in signing payroll checks, the
following "opinion" of City Attorney Vaughn E. Wilson, being read:
i. -=11�
CITY OF LUBBOCK
IEMORAIdDUM'
INTER OFFICE
November 27, 1950
TO: Mr. Preston Cochran,
FROM: Mr. Vaughn E. Wilson,
SUBJECT: Check signing machine
City Auditor
City Attorney
In reply to your Memorandum and your question, "could the City legally use a
machine similar to the one described in the attached folder? If possible, please give
me your opinion in the next few days."
Section 23 of Article 9, Charter of the City of Lubbock, reads as follows:
"SECTION 23. The Commission hhall fix and determine the salaries and wages of
all appointive officers and employees of the City, unless otherwise provided in this
Charter, and shall provide for the.payment thereof, PROVIDED HOtJEVER, that when any
payroll of the City of Lubbock hAb been,certified by the City Auditor to be correct and
approved by the City Manager and moneys necessary to pay such payroll have been trans-
ferred to the PAYROLL ACCOUNT by check or warrant signed by the Mayor and attested by
the City Secretary, then such funds shall be disbursed according to such approved
payrolls by checks signed by the Mayor or Mayor Pro-tem or City Manager and counter-
signed by the City Treasurer."
RArticle 23, RCS of Texas, provides that the term "written or in writing"
shall include any representation of words, letters or figures, whether by writing,
printing or otherwise, and that the term, "signature or subscribed" shall include
the mark of a person unable to write. Bouvier's Law Dictionary, Vol. 2, Rawles 3rd
Ed. defines the term "signed" as "to affix a signature to; to ratify by hand or seal,
to subscribe to one's own handwriting." The Courts of this State have universally
held that a typed signature is a valid and binding signature. Zabura vs Schumaker,
178 (2) S.W. 542.
A deed or other instrument including the signature -of the maker's name by
rubber stump, typewriter or printing, or by another, thtough without authority and
in the maker's absenne, may be adopted, even though forged. Mondragon Vs Mondragon,
257 S."W. 215.
The term "countersign" is devined "as to sign in addition to the signature
of another in order to attest the azthenticity." (words and Phrases, Vol. 10, Page 44.)
Countersign means to sign what has already been signed by a superior; to authenticate
by an additional signature.
The words "countersign" and "Attest" inherently betoken solemn personal acts
of authenticity of genuineness. Smith vs Curran, 255 N.W. 276 - 94 AIR 766.
to
In legal contemplation, "to sign" means to attach a name, or cause it/be
attached, by any of the known methods of impressing the name on paper, with the
intention of signing. "Sign" is not synonymous to "Subscribe." (See Words and Phrases,
Col. 10, Page 4/+, etc.)
Section 23 of the Charter is egain referred to with reference to the payroll
accounts which determines the method of payment of the funds to cover a payroll, into
the payroll account, and when this has been done, the Section was amended to Provide
that "then such funds shall he desbursed, "according to such approved payrolls by
checks signed by the Mayor or Mayor Pro-tem or City Manager, and countersigned by
the City Treasurer."
From the foregoing authorities, as well as the requirements of Section 23
of the Charter, it is clear to me that such payroll checks must be signed by one of
the officers named and countersigned by the City Treasurery It is my opinion that
the word "sign" means a deliberate act on the part of the signer which is intended to
be done, and that the signer may cause the act to be done in an acceptable manner.
Should the City Manager for instance determine that he would affix his signature to
payroll checks b,r use of a plate, he could do this lawfully under the circumstances,
but because of the responsbility connected therewith, it is necessarily a matter of
personal choice. I doubt the propriety of attempting to require any officer to use
the method indicated.
I believe the foregoing is an adequate answer to your question. I believe
the officer using such a method is entitled to control the use of the plate and place
such safeguards around its use as such officer may determine advisable because of the
trust relationship involved.
VAUGHN E. WILSO
Vaughn E. Wilson
VEW :EHL
cc: Mayor Whiteside
cc: City Clanger
cc: City Secretary
After discussion of purchase of this "Sign-O-Meter", motion was made by Commissioner
Hufstedler, seconded by Commissioner Thomas, that the purchase be hereby authorized.
This motion carried by the following vote:
I,1ayor pro tem Harry Morris, and Commissioners Hufstedler, Davis ead Thomas
voting YEA.
None voting I4AY
Cost of Machine: $259.50; less 2% discount.
Motion by Cimmissioner Davis, seconded by Commissioner Thomas, that summary of financial
report of operations of Municipal Airport, for fiscal year 1949-1950 be published in the
Lubbock Morning Avalanche, over the signatures of the Airport Board. This motion carried
by the following vote:
Mayor pro tem Harry Morris, and Commissioners Hufstedler, Dwis and Thomas voting YEA.
None voting NAY.
Motion by Commissioner Hufstedler, seconded by Commissioner Davis, to authorize the City's
1950-51 Budget to be supplemented in the amount of $612.18 to cover purchase by the
+ Electric Department of 150 Typewriter and printing calculator. Credit to be giver
Account No. 85-Z-1. This motion carried by the following vote:
Mayor Pro tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA.
None voting NAY.
Motion by Commissioner Davis, seconded by Commissioner Hufstedler, to authorize City of
Lubbock Revenue Bonds, sold December 5, 1950, to be payable at mpricnn Nat ions 1 Rank
n a co -paying agent to not be designated as originally
set out, because of it being he opinion of the Bond Attorneys that this cannot be legally
done. This motion carried by the following vote:
Mayor Pro te4 Harry Morris and Commissioners Davis, Hufstedler, and Thomas voting YEA.
None voting NAY.
Motion. by Commissioner Hufstedler, seconded by Cmml8tioner Thomas, to approve Contract
between the City of Lubbock Park Commission and Aaplan, for lease of Play Area in
Mackenzie State Park. Mr. Caplan having bub-leased this area from Witt Amusement Company.
This motion carried by the following vote:
Mayor Pro tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA.
None voting NAY.
The contract follows: -
THE STATE OF TEXAS )
COUNTY OF LUBBOCK )
WHEREAS, Sam Caplan, of Lubbock County, Texas, have called Lessee, with approval
of the City of Lubbock Park Commission, has heretofore subleased the Mackenzie Park Play+-
bround area from the Witt Ameusement Company, the said Lessee to pay to the City of Lubbock
Five (5%) Percent of the gross receipts for the year 1950, and the said lessee also desires
to lease from the City of Lubbock the Golf Driving Range located East of and across the
road from the Playground area, for the year 1950, and for the additional term hereinafter
stated, THEREFORE:
K40W ALL MEN BY THESE PRESENTS: THAT, said Sam Camplan, Lessee, and the City of
Lubbock, acting herein by and through its Mayor, Clarence K. Whiteside, hereunto duly
authorized, and the Park Commission of the City of Lubbock, acting by its duly authorized
Chairtan, K. N. Clapp, do hereby enter into the following agreements
1.
The City of Lubbock leases to Lessee the Golf Driving Range, being located directly
East of and across the road from the Mackenzie Park Playground., being a well defined area
of approximately 1,000 feet x 250 feet, as shown by the map hereto attached, which map
also shows the approximate size and location of roads and parking lots, until December 3,
1955, said Lessee to pay to the City of Lubbock Five (5%) Percent of the gross receipts
from the Golf Driving Range during the year 1950, and such percentage of the gross receipts
for each year to and including the year 1955, as may be determined by the Park Board and
the City Commission; such commission not to exceed Fifteen (15%) Percent.
2.
Lessee agrees to maintain all existing roads shown on said Plat of the Driving
Range at his own expense, and to maintain and repair all posts and guard rails which,
at any time, may be broken or knocked down, or knocked out of alignment. And, in the
event dust from the road and parking area becomes disagreeable to patrons, the Lessee
will promptly apply temporary control methods, such as sprinkling or adding gravel or
crushed stone of a sufficient thickness to eliminate blowing. Lessee agrees that he
will, at all times, maintain the Golf Driving Range area in the same clean and sanitary
condition provided in the Playground contract under which he is n ow.operating as sub-
lessee.
3.
It is mutually agreed that the road drives and parking aregs will. not be altered
or enlarged unless aut orized in wing by the Park Commission, and, in the event said
Commission should require alterations of the park road adjacent to the Golf Driving Range
to enlarge the parking area near the Amusement Park, the Lessee shall remove all guard
rails and the caliche from any part of the drives designated by said Commission, and
Lessee will re -sod the abandoned park and maintain it at his own expense, and that Lessee
will replace guard posts which concrete guard rails to conform to the size and shape of
thos:existing in front of Mackenzie Park Playground, when requested to do so, and which
shall be done under the supervision of the Park Commission.
-4-
All trees in the area shall be protected at all times by the Lessee, together with
all vegetation, and the grass will not be.disturbed except by rolling, fertilizing and
mowing; it being strictly understood that Lessee shall place no bumlding or add other
improvements to said area unless first approved in writing by the Park Commission.
-5-
In the event the Driving Range is, for any reason, abandoned, the Lessee will, at
his own expense, remove from the area all guard posts, gravel, culverts, buildings,
tee boxes, and other improvements, and worn places in the areashall, be,filled With
soil to fit surrounding area under the direct supervision of the Park Commission.
Lessee will not permit the use of the Golf Driving Range by any person except
that a reasonable charge be made for such use, as may be determined by the Park Com-
mission, and Lessee will maintain tickets, consecutively numbered, and at the close of
each daygr' business will include the gross receipts for the Golf Driving Range in the
daily report made to the Park Commission in connection with the contract under which
Lessee now operates the Playground area.
- 7 -
Should Lessee acquire the Witt Amusement Company lease, then that lease.shall be
extended according to the terms of this agreement. This contract is not assignable
in whole, or in part, except upon written approval by the,Park Commission, and when
required with the consent of the State Park Board, and Lessee is hereby given an option
to lease the Golf Driving Range for a ten (10) year period, upon such terms and cond-
itions as Lessee, the Park Board, and the City Commission 4all mutually agree upon;
providing Lessee shall give the Park Board notice of his desire to exercise such
option during the year 1955, but before July 1 of said year.
EXECUTED IN TRIPLICATE, this lst day of April, 1050.
ATTEST: CITY OF LUBBOCK
BY CLAREI:CE K. WE-:ITESIDE
Mayor
LAVENIA LOWE CITY OF LUBBOCK PARK COMI,:ISSION
CITY SECRETARY By K. K. CLAPP
Chairman
Ski CAPLAN, Lessee
Moon by Commissioner Davis, seconded by Commissioner Hufstedler, to authorize purchase
of two Billing Machines from the Burroughs Adding Machine Company for a consideration of
$4,344.30 each, for use in the Water and Electric Bookkeeping Department. This motion
carried by the following vote:
Mayor Pro tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA
None voting NAY..
No bid other than the above bid from Burroughs Adding Machine Company was received because
of no other .company being able to furnish the type of machine required.
Motion by Commissioner Hufstedler, seconded by Commissioner Davis, the following Resolution
was passed by the following vote:
Mayor Pro tem Harry Morris and Commissioners Hufstedler, Davis aid Thomas voting YEA
Nme voting LAY.
RESOLUTION
WHEREAS, the ten (10) minute orange parking designation on Avenue G and Broadway
around the Post Office are inadequate to put the public on notice that parking is limited
to ten (10) minutes during all hours of the day or night, 'lLEPLUORE:
BE IT RESOLVED BY THE CITY C0M1VIISSION OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Chief of Police be, and{h is hereby, authorized a nddirected
to place uniform traffic signs in the above stated area, which will advise the public
that such area is limited to ten (10) minute parking at all hours of the da�� and night.
On motion of Commissioner Hufstedler, seconded by Commissioner Davis, the foregoing
Resolution was unanimously passed by an affirmative vote of all Commissioners present,
this 15tr day of December, 1950.
ATTEST:
LAVENIA LOWE
City Secretary
H ":MORRIS
Mayor Pro tem
No further business coming up for consideration the Cit Commission
Minutes Read and Approved this �8th day of DirC e mh 50.
AT L'EST: i / n I
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