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HomeMy WebLinkAboutResolution - 031127 - Confirm Contract - A.J. Mcmahan - Ectension Of Time On Gas Franchise - 03/11/1927 Best Available Scan Wittere Fidelity Union Casualty Company, D.F. Fox in the umourt of $2500.00 bonds of signed by the Metropolitan Casualty Insurance Company of New York, were W.A. Linds approved and ordered filed. ey and D.P. Fox. On motion made by Mr. Hankins, seconded by Mr. Weaver, Side Balk Contrac- tors bonds of i7.C. Crossnoe in the amount of •.+2000.00 signed by the Lary- Crossnoe land Casualty Company as surety; and John C. Hart in the amount of $2000. and Hart signed by the L'.aryland Casualty Comnany as Surety, were approved and Sidewalk ordered filed. bonds. On motion made by Lr. Hankins, seconded by Lr. Posey, unanimously carried. the following resolution was adopted: archResolution RESOLUTION ADOPTIN, CO?Z?I_,MING AND RATIFYIN', CONT_=AC?1HER-_20F033 MADE, confirming AND ENTERED INTO BY�AND BF.TWEE21 THE CITY OF LUBBOCK AND A.J. McMAHAN contract RLLATING TO P03TING OF $5.000.00 BY A.J. McMAHAN TO GUHRAIIT:E ACTUAL with A.J. CONSTRUCTION ON SAS LINE BY MAY''bst, 1927. McMahan for exten- BE IT RDJI2MBERED that at a postponed meeting of the City Commission sion of of the City of Lubbock held in the City of Lubbock, Texas. on Larch 11, time on 3a&1927'the Mayor, rink L. Parrish, and all the Commissioners, to -wit: Franchise. A.'1. Weaver, J.O.Jones, J.H. Hankins and W.S. Posey, being present, it was duly moved by J.H.Hankins, seconded by':i.S. Posey, and unanimously carried, that the Contract heretofore made on 4th day of March, 1927, by and between City of Lubbock, Texas (acting by and through its M&yor) Iand A.J.YoMahan, wherein and whereby the said A.J. McMahan deposited r5000.00 in the City Depository of the City of Lubbock. Texas. to guaran- tee, among other things, the beginning bf actual construction in good (faith of gas line to or into Lubbock, Texas, on or before May let, 1927. be and the same is hereby confirmed, adopted and ratified in full. said contract reading as follows: FORFEITURE AGR MF1dT THE STATE OF TEXAS: A.J. McMAHAN To COU -TTY OF LUBBOCK ; CITY OF LUBBOCK WHEREAS. the City of Lubbock has granted to A.J. McMahan and others a franchise to build and operate a gas line in the Uity of Lubbock; and WHEREAS, said line has not been constructed owing to some delays which the said A.J. McLuhan and others claim have not been avoidable; and NHEREAS, there are others who wish a similar franchise. and the City of Lubbock is desirous of knowing whether or not it can depend on A.J. McfLahan and others to build and operate a gas line; and AHREAS, A.J. McMahan and others give assurance that they have fin- anced the project and are now able to build and operate said line in ac- cordance with the terms of the franchise and represent that they will, in good faith, begin the actual construction of said line; and said L.J. McMahan and others are willing to give this bond r to guarantee their faithful performance. the said A.J. McMahan for himself hereby agrees with the City of Lubbock, that on or before midnight Saturday, kiarch 5th, 1927, he will deposit, or cause to ge deposited in the City Depository, towit, the Citizens National bank of Lubbock, Texas, the sum of r'ive '2housand ($5000.00) Dollars in cash, payable to the order of the City of Lubbock, texas, conditioned that the said d.J. McMahan is financially able to build and operate said line, or has obtained sufficient financial ar- rangements to build and operate said line, and will in good faith on Or before May 1st, 1927, begin the actual construction of said line. and in good faith continue said construction. Upon compliance with the aforesaid condition by the said A.J. McMa- han and others, and upon further condition that the said A.J. McMahan will build and finish or cause to be built and finished, one mile of gas main line pipe or tributary line in zandall, Swisher, Hale or Lub- bock Counties, on or before day let, 1927, this contract will be null and void and the said $5000.00 shall be returned to the said �.J. MdLia- han; if not, said sum shall be forfeited and become the property of the City of Lubbock, which sum it agrees to accept and will retain as liqui- dated damages. ditness our hands, this the 4 day of idarch. A.D., 1927. A.J. McMahan by: J. +d. :naves Signed, approved and filed this 5th day of March, 1927. City of Lubbock G.N. McCleary By: link L. Parrish City Secretary.