xt74mw289d0h https://exploreuk.uky.edu/dips/xt74mw289d0h/data/mets.xml Lexington, Kentucky University of Kentucky 19540115 minutes English University of Kentucky Contact the Special Collections Research Center for information regarding rights and use of this collection. Minutes of the University of Kentucky Board of Trustees Minutes of the University of Kentucky Board of Trustees, 1954-01-jan15-ec. text Minutes of the University of Kentucky Board of Trustees, 1954-01-jan15-ec. 1954 2011 true xt74mw289d0h section xt74mw289d0h 







       Minutes of the Meeting of the Executive Committee of the University of
Kentucky, January 15, 1954.


       The Executive Committee of the University of Kentucky met in the Pres-
ident' s Office at 1:15 p.m., Friday, January 15, 1954, with the following mem-
bers present: Guy A. Huguelet, Chairman; J. C. Everett and R. P. Hobson.
Absent: Harper Gatton and Smith D. Broadbent.  President H. L. Donovan and
Secretary Frank D. Peterson met with the Committee.


       A. Approval of Minutes.

       On motion duly made, seconded and carried, the minutes of the Executive
Committee of November 20, 1953, were approved as published.



       B. Report of the Comptroller.

       The Comptroller submitted financial report of the operations of the first
six months of the current fiscal year. The report consisted of balance sheet
as of December 31, 1953, and an operating statement of funds and accounts for
the same period.

       The report was examined by members of the Committee, and upon motion
duly made, seconded and carried, same was received and ordered filed.



      C. State Requisitions Approved.

      President Donovan submitted the following letter from the Comptroller.


                                         January 7, 1954


      Dr. H. L. Donovan, President
      University of Kentucky

      My dear President Donovan:

            I submit a list of state requisitions, advices of emergency
      purchases, special purchase orders and departmental purchases
      which have been made by the purchasing division from October 1,
      1953 through December 31, 1953, yet to be approved by the Board
      of Trustees. The listing below gives the numbers of the documents
      requesting the purchase or actually issued as purchase orders,
      which documents are made a part of this record and are held in the
      Office of the Comptroller subject to inspection. The purchases
      have been made on properly drawn documents at the request of the
      various departments and have been charged against available funds.

                State requisitions numbered   302 through 558
                Emergencies                      82 through 153
                University D Orders           16511 through 16544
                Special Orders                  903 through 1970




 










             The foregoing record of purchases is respectfully submitted
       with the request that they be approved by the Board of Trustees,
       thereby ratifying the action of the Comptroller in making the purchases.

                                          Respectfully submitted,

                           (Signed)     Frank D. Peterson
                                          Comptroller


       The President recommended that state requisitions, emergency purchases,
University D orders and special orders, as outlined by the Comptroller, be approved.

       Members of the Executive Committee being sufficiently advised, upon mo-
tion duly made, seconded and carried,

                 State requisitions numbered   302 through 558
                 Emergencies                      82 through 153
                 University D Orders           16511 through 16544 and
                 Special Orders                  903 through 1970

were approved and the action of the Comptroller in making the purchases was
ratified.



       D. Budget Changes.

       President Donovan submitted list of changes in the University budget.
He read a list of increases and decreases aggregating a net decrease in the
University budget of $1,471. 27.  He recommended that the budget changes as
listed be approved, and the Comptroller be directed to make the necessary budget
adjustments.

       Upon motion duly made, seconded and carried, the Executive Committee
concurred in the recommendation of the President.



       E. Progress Report on Women' s Dormitor

       Mr. Peterson reported that he had just returned from a trip to the Housing
and Home Finance Agency in Chicago, Illinois.  The Agency is in the process of
giving the plans and specifications of the Women' s Dormitory a final check, and
the University has been promised action on them within the coming week.

       The Comptroller reported that the State Property and Building Commission
would be asked immediately to seek competitive bids for the construction of the
dormitory, according to plans and specifications, as soon as final approval from
the Housing and Home Finance Agency is received.

       He also reported that the Housing and Home Finance Agency had request-
ed evidence that funds were available to construct the dormitory according to
plans and specifications and that such evidence was being forwarded to the Chicago
Offic e.




 






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       F. Keeneland Gift Accepted.

       President Donovan and Mr. Guy A. Huguelet reported gift from the
Keeneland Foundation in the amount of $200, 000.  These funds are to be used
for construction of the Women' s Residence Hall.  President Donovan explained
that the building will cost approximately $1, 100, 000.  A Loan Agreement with
the Federal Housing and Home Finance Agency will provide $722, 000, the
Keeneland Foundation $200, 000, and the balance will be available from University
fund s.

       Members of the Committee expressed their deep appreciation to the
Keeneland Foundation for the generous gift, without which the woment s residence
hall could not be constructed at this time.

       President Donovan recommended that the gift be officially accepted, and
upon motion duly made, seconded and carried, the generous gift of $200, 000
from the Keeneland Foundation was authorized accepted and President Donovan
was requested to write a letter to the Board of Directors of the Keeneland
Foundation expressing the appreciation of the Executive Committee and the Uni-
versity.



       G. Animal Pathology Building Named.

       President Donovan stated that a number of buildings on the campus had
been named in honor of outstanding individuals who had been connected with the
University in various areas.  He explained that he had received several sug-
gestions concerning the naming of the Animal Pathology Building.  He recalled
that the late William Wallace Dimock, Emeritus Professor of Veterinary Science
and Emeritus Veterinarian, was head of the Department of Animal Pathology
at the University of Kentucky from 19 19 to 1946.  It was under the direction
and guidance of Doctor Dimock that the Department attracted much attention
in the research field of Animal Pathology, and the department received world-
wide recognition.  Doctor Dimock was an eminent authority in his field.  He
was author or co-author of many publications on animal diseases.  He was
called to England on eight occasions to consult with and instruct English veterinar-
ians.  He received various professional honors and in 1943 was president of
the American Veterinary Medical Association.

       President Donovan recommended that the building be named in honor
of Doctor Dimock and asked for a discussion by the members of the Executive
Committee.

       Members of the Committee discussed the recommendation, and upon
motion duly made, seconded and carried, the Animal Pathology building was
named "The W. W. Dimock Building" in recognition of the wonderful contribu-
tion he made to the University and to the Experiment Station.


       H. Additions to the Gradu

       President Donovan stated that the Graduate Council recommended staff
members for membership to the Graduate Faculty.  He reported that the Graduate




 










Council had unanimously endorsed the following staff members and he recommend-
ed that they be appointed to the Graduate Faculty:

                    John M. Carpenter (Zoology)
                    James W. Drenan (Chemistry)
                    Edward J. Humeston, Jr. (Library Science)
                    William H. Jansen (English)
                    James D. Kemp (Animal Industry)
                    William K. Plucknett (Chemistry)
                    Walter T. Smith, Jr. (Chemistry)
                    Dewey G. Steele (Agriculture)
                    C. M. Thompson (Animal Industry)
                    Patch G. Woolfolk (Animal Industry)


       Upon motion duly made, seconded and carried, the Executive Committee
concurred in the recommendation of the President.



      I. Dean Elvis J. Stahr, Jr., to Do Off-Campus Work.

      President Donovan reported that the City of Lexington, through its Corpora-
tion Counsel, had requested Dean Elvis J. Stahr, Jr. , to revise and codify the
City' s General Ordinances. He stated that Dean Stahr would do the work at home,
entirely outside of office hours and without infringing on any commitments con-
nected with his work at the University or permitting the assignment to interfere
with his work in any way. Dean Stahr will be paid a reasonable compensation on
completion of the work. President Donovan recommended that the request be
granted.

       Upon motion duly made, seconded and carried, Dean Elvis J. Stahr, Jr.,
was authorized to consent to revise and codify the City, s General Ordinances.



      J. Contract with Highway Department.

      President Donovan submitted contract between the Kentucky Highway De-
partment and the University providing that the University will conduct a compre-
hensive study through its Bureau of Business Research, embracing an economic
and administrative analysis of highway finance practices and procedures in
Kentucky, and shall be conducted in close cooperation with the Automotive Safety
Foundation survey now in process, and with the Department and the United States
Bureau of Public Roads,  The contract was read.

                             CONTRACT

            This contract made and entered into this    day of
      A. D., 19  , by and between the Kentucky Commissioner of igways,
      acting in his official capacity on behalf of the Kentucky Highway Depart-
      ment (hereinafter called the "Department"), First Party and the Board
      of Trustees of the University of Kentucky on behalf of the University
      of Kentucky (hereinafter called the "University") Second Party:




 






5



     WITNESSETH, for and in consideration of the assistance of
the Department and payments by the Department, as hereinafter
specified, The University agrees to conduct a comprehensive study
for the party of the first part in accordance with the following outline:

      1. Scope: The study and report will embrace a comprehensive
         economic and administrative analysis of highway finance
         practices and procedures in Kentucky in keeping with the
         attached sketch of content, which is expressly made a part
         of this agreement, and will be conducted in close coopera-
         tion with the Automotive Safety Foundation survey now in
         process and with the Department and the United States Bureau
         of Public Roads.

     2. Responsibilities: The University of Kentucky through its Bureau
         of Business Rsearch (hereinafter called the "Bureau") will
         be solely responsible for procedures, standards, methods of
         analyses, interpretations, and content of reports, and will
         designate the Director of the said Bureau to be in responsible
         charge of the study.

              The Department will make available all existing data;
         secure such new data as may be determined to be essential;
         code, punch, and tabulate statistics as requested by the
         Bureau; prepare such maps, charts, and tabulations as the
         Bureau may require.  The Department will also publish a
         final report as hereinafter provided.  The Department will
         designate its Director of the Planning Division to coordinate
         discharge of Departmental responsibilities under this con-
         tract, and it is mutually understood that all agencies of the
         Department will cooperate fully.  The Department will accord
         this work high priority especially during the interim following
         submission of the Automotive Safety Foundation report. It
         is also specifically agreed that the Department will provide
         such legal and engineering counsel as may prove necessary
         or desirable.

     3. Schedule: A comprehensive final report of the study will be
         submitted within six months after the date when the official
         report of the Automotive Safety Foundation study with respect
         to Kentucky highway needs is first made available to the Bureau.

         Both the University and the Department will furnish the neces-
         sary personnel, data, and other resources to adhere to the
         schedule defined in this section.

     4. Sponsorship: It is contemplated that a committee, authorized
         by the General Assembly or the Legislative Research Commission
         or appointed by the Governor, will be created to review crit-
         ically and to define policy recommendations on the basis of the
         finance report.

     5. Consultation and Recommendations: It is expressly understood
         that Bureau personnel, although available for consultation
         purposes, will not make recommendations with respect to high-
         way finance policy.  On the other hand, it will accord the ap-
         propriate committee, the Commissioner of Highways, and




 






6



         other responsible officials full cooperation in arriving at
         recommendations consistent with the evidence and to the
         end the Director of the Bureau and appropriate other staff
         members will meet with officially designated persons or
         groups to keep them informed of progress and to hear sug-
         gestions.

     6. Costs: The University will be paid for conducting the study
         on the basis of reimbursement by the Department for the
         University, s actual costs incurred in performing the work with
         no payment for overhead. For the purpose of proper invoicing,
         the University may make a reasonable allocation of joint costs.

              It is estimated that the cost of the work to be performed
         by the University will not exceed $45, 000. Invoices for reim-
         bursement of the University will be submitted to the Department
         monthly as the study progresses, and the Department will pro-
         vide prompt reimbursement in regular course.

              Should unforeseen problems cause this estimated amount
         of cost to be exceeded, this contract expressly contemplates
         that adjustment satisfactory to both parties would be agreed
         upon and made a part of this contract.

              The Director of the Bureau may determine that part of
         the work incident to this study can be performed more
         economically in Frankfort, in which case, the Department will
         provide office space, transportation between Lexington and
         Frankfort, subsistence, telephone, and stenographic services
         and such other facilities as are needed while the University staff
         members are in Frankfort.

              The Department also agrees to publish a final report,
         in reasonable quantity as mutually determined, in form and
         content as planned by the Bureau and to pay the cost of printing
         and distributing such report.

     7. Effective dates: This contract shall become effective upon exe-
         cution by the parties hereto and shall terminate on the date of
         completion and submission of the final report and in any event
         riot later than June 30, 1956.

     IN WITNESS WHEREOF, the parties hereto have subscribed, or
caused to be subscribed their names this    day of
A. D. , 19

                                         DEPARTMENT OF HIGHWAYS
Attest:
                                         By:
                                             Commissioner of Highways

                                          UNIVERSITY OF KENTUCKY



Atte st:



By.




 








        SKETCH OF THE CONTENT OF HIGHWAY FINANCE STUDY
                              OF KENTUCKY

             The study will include:

             1. An analysis of sources of revenue for the support of state and
       local highways in the State. This will include examination of the his-
       torical background, projections to secure estimates for the immediate
       future, and analyses to provide a basis for the evaluation of the present
       revenue system so far as it relates to the support of road or street work.

             2. An examination of expenditures for highways in Kentucky.  This
       will include the development of the historical behavior of road and street
       expenditures -- emphasizing the relationship of expenditures to various
       classes of highways -- the projection of expenditures in terms of current
       policies, and a critical review looking toward an evaluation of the expendi-
       ture program.

             3. A study of the state and local debt incurred in the state for road
       and street purposes. This will be both historical and critical. It will
       undertake to analyze the consequences of a debt program for the financing
       of any accumulated highway deficiencies which may be defined by the
       study of the highway system now in process through the cooperation of
       the Automotive Safety Foundation.

             4. A critical review of state and local highway finance adminis-
       tration. Although this phase of the investigation will not include a de-
       tailed consideration of administration in each unit of local government,
       it will take account of the legal and over-alladministrative framework
       within which highway finance operations occur and will give some atten-
       tion to the state and local administration of road and street budgets --
       including revenues, expenditures, accounts, debt, and other fiscal
       management activities.

             5. An analysis of such issues, disclosed by the Automotive Safety
       Foundation survey or by the fiscal study, as involve financial relation-
       ships to other economic, governmental, or general social factors.
       Throughout the study, the authors will make an effort to tie in the sub-
       ject matter effectively with the findings of the Automotive Safety Founda-
       tion and to consider generally the various nonfiscal factors so far as they
       influence, or are influenced by, highway finance.



       Members of the Executive Committee discussed the provisions of the con-
tract, and upon motion duly made, seconded and carried, the contract was approved
and authorized executed on behalf of the University.



       K. Gifts.
                                    From: Mr. Robert C. McDowell, Cleveland,
                                           Ohio -- $5, 000.



President Donovan presented check of Mr. Robert C. McDowell, President




 










of the McDowell Company, Cleveland, Ohio, in the amount of $5, 000, made pay-
able to the Kentucky Research Foundation.  He explained that this fund was given
in support of the McDowell Scholarship Fund and is part of a very generous sum
of money that has been received from Mr. McDowell since 1949. He recommend-
ed that it be accepted.

       Upon motion duly made, seconded and carried, the gift of $5, 000 from Mr.
Robert C. McDowell, President of the McDowell Company, Cleveland, Ohio, was
ordered accepted and placed to the credit of the McDowell Scholarship Fund.
Members of the Committee requested the President to express to Mr. McDowell
the appreciation of the Executive Committee and the University.


                                   From: Aubrey and Company -- $2, 000.

       President Donovan presented check for $2, 000 from Aubrey and Company.
He stated that the gift is a continuation of this company' s continued support and
cooperation toward the Experiment Station' s project entitled "Study of the Effect
of the Inclusion of Various Antibiotics at Recommended Levels in the Diet of the
Starting Chick upon the Reproductive Efficiency of the Hen.." He recommended
that the check be accepted.

       Upon motion duly made, seconded and carried, the gift of $2, 000 from
Aubrey and Company was ordered accepted, and the President was requested
to thank the donors.


                                   From: Mr. Louis Ware, Chicago, Illinois
                                         - $2, 000.

       President Donovan presented check for $2, 000 from Mr. Louis Ware,
Chicago, Illinois, given in support of the Louis Ware Scholarship Fund.  He
recommended acceptance of the grant.

       Upon motion duly made, seconded and carried, the Executive Committee
concurred in the recommendation of the President and requested him to thank Mr.
Ware for his generous gift.


                                   From: Vulcan Hart Manufacturing Company
                                         -_ $1, 000.

       The President explained that the University of Kentucky was in receipt
of $1, 000 from the Vulcan Hart Manufacturing Company, through its President,
Mr. W. M. Smock, to be used in the current building program.  He recommend-
ed that the check be accepted.

      Upon motion duly made, seconded and carried, the Committee concurred
in the recommendation of the President, and requested him to write a letter of
appreciation to Mr. W. M. Smock, President of the Vulcan Hart Manufacturing
Company.




 






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                                  From: Mr. Guy A. Huguelet, Lexington,
                                         Kentucky -- $500. 00.

       President Donovan presented check for $500 from Mr. Guy A. Huguelet,
Lexington, Kentucky, given for the purpose of helping to finance publication of
the Henry Clay papers. He stated that this donation is the first installment of
a larger one, and will be of great aid to the University in this very important
work. He recommended that the Committee accept the gift.

       Upon motion duly made, seconded and carried, the gift of $500. 00 from
Mr. Guy A. Huguelet, Lexington, Ky,, was ordered accepted, and President
Donovan was requested to thank Mr. Huguelet for the gift.



                                  From: Shell Chemicai Corporation, Denver,
                                        Colorado -- $500. 00.

       President Donovan reported receipt of check for $500. 00 from the Shell
Chemical Corporation, Denver, Colorado, to be used in connection with a study
of Aldrin and Dieldrin, compounds 269 and 711, and other chlorinate hydrocarbon
insecticides. He recommended that the gift be accepted.

       Upon motion duly made, seconded and carried, the gift of $500 from the
Shell Chemical Corporation, Denver, Colorado, was ordered accepted, and the
President was requested to write a letter of appreciation to Mr. W. E. McCauley,
Manager, Products and Sales Development, of the Corporation.


                                  From: Putnam Agency, Ashland, Kentucky
                                          -- $253. 80.

      President Donovan reported receipt of check for $253. 80 from the Putnam
Agency, Ashland, Kentucky, for credit to Ashland Oil & Refining Company, s
Scholarship Fund. He recommended acceptance.

      Upon motion duly made, seconded and carried, the Executive Committee
concurred in the recommendation of the President. The President was requested
to thank the donor.



                                  From: Anonymous Donor -- $75. 00.

      President Donovan stated that the University was in receipt of a gift of
$75. 00 which an anonymous donor wished placed to the credit of the Rare Book
Fund of the Library (Acct. 3044-A). He recommended that the donation be ac-
cepted.

      Upon motion duly made, seconded and carried, the gift of $75. 00 was
ordered accepted and placed to the credit of Acct. 3044-A, Rare Book Fund.




 






10



                                  From: Mr. Paul Standard -- $25. 00.

       President Donovan reported receipt of $25. 00 from Mr. Paul Standard
and stated that the gift was given as an additional subscription to the Victor Ham-
mer Graphic Arts Collection.  He recommended that it be accepted and deposited
to Account 3044-A.

       Upon motion duly made, seconded and carried, the gift of $25. 00 from
Mr. Paul Standard was ordered accepted and placed in the proper account, and
the President was requested to thank Mr. Standard.



                                  From: Mr. and Mrs. Paul G. Blazer, Ash-
                                        land, Kentucky -- 200 shares of
                                        common stock.

       President Donovan stated that the University was in receipt of 200 shares
of common stock of the Ashland Oil and Refining Company as a gift from Mr. and
Mrs. Paul G. Blazer to the Blazer Lecture Fund. He recommended that the
gift be accepted and held to the credit of that fund.

      Upon motion duly made, seconded and carried, the gift of 200 shares
of common stock of the Ashland Oil and Refining Company was ordered accepted
and placed to the credit of the Blazer Lecture Fund, and the President was re-
quested to thank Mr. and Mrs. Blazer for their continued generosity.



                                  From: Mr. Jack Steel, Versailles, Ky. --
                                         Letters, Papers and Newspaper Col-
                                         lectidn of the Late Lewis W. Arnett.

      President Donovan stated that the University was in receipt of a valuable
collection of papers, letters and contemporary newspapers from the estate of
the late Louis W. Arnett, which had been sent to the Library by Mr. Jack Steel,
Versailles, Kentucky, executor of the estate. He explained that this collection
would be a very valuable addition to the Library and recommended that it be
accepted.

      Upon motion duly made, seconded and carried, the gift of letters, papers
and newspaper collection from the estate of the late Louis W. Arnett was ordered
accepted, and the President was requested to write a letter of acceptance and
appreciation to Mr. Steel.



                                  From: American Steel & Wire Company of
                                         the U. S. Steel Corporation, Cleveland,
                                         Ohio -- $30. 00.

      President Donovan reported that the American Steel & Wire Company of
the United States Steel Corporation, Cleveland, Ohio, through Mr. Paul G. Strom,




 






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Supervisor of Agricultural Extension, had given the Experiment Station barbed
wire and aluminum coated fencing, with an estimated value of $30. 00. He recom-
mended that the gift be accepted.

       Upon motion duly made, seconded and carried, the gift of barbed wire
and aluminum fencing, with a value of $30. 00, was ordered accepted, and the
President was requested to acknowledge the gift.



                                   From: Crippled Children, s Society -- $600. 00.

       President Donovan reported receipt of $600. 00 from the Crippled Children, s
Society for the purchase or construction of P. G. R. audiometric testing equip-
ment to be used toward beginning a Hearing Center in connection with speech work
in the Department of Psychology. He recommended that it be accepted.

       Upon motion duly made, seconded and carried, the sum of $600. 00 from
the Crippled Children' s Society was ordered accepted and used for the purpose
designated.  The President was requested to thank the donors.



                                   From: Lexington Council of Jewish Women --
                                          $950. 00 cash and $1, 000. 00 a year for
                                          a period of two years.

       President Donovan reported that the Lexington Council of Jewish Women
wished to give to the University $950. 00 for the purchase of sound amplification
equipment; and $1, 000.00 a year for two years, for employment of a graduate
assistant, both to be used in connection with beginning a Hearing Center in the
Department of Psychology.  He recommended that both gifts be accepted.

       Upon motion duly made, seconded and carried, the Committee concurred
in the recommendation of the President and requested him to express to the Lex-
ington Council of Jewish Women the appreciation of the Committee and the Uni-
versity.


       L. Central Baptist Hospital Granted Easement for Sewer.

       President Donovan explained that the Board had previously granted to the
Central Baptist Hospital an easement to construct a sewer line on University
property.  He stated that the City Commissioners desired that the Easement
contain a section specifically authorizing the Board of Trustees of the Central
Baptist Hospital to transfer the Easement to the City under certain conditions.



            This DEED OF EASEMENT, made and entered into this the
       15th day of January, 1954, by and between the Board of Trustees of
       the University of Kentucky, of Lexington, Kentucky, party of the
       first part, and the Central Baptist Hospital, a Corporation of Lexington,




 






12



Kentucky, party of the second part.

      Witnesseth. That for and in consideration of the sum of One ($1. 00)
Dollar, the receipt of which is acknowledged, and in the further consid-
eration of the agreements and provisions herein, the said party of the
first part does hereby grant and release to the party of the second part,
its successors and assigns, an easement in and over its land as herein-
after described and on the conditions hereinafter stated for the purpose
of constructing, maintaining and operating a sewer line, said easement
being described as follows:

     A strip of ground six feet in width as shown on a map and plat
     thereof made by Frankel & Curtis on November 19, 1953,
     which map and plat is attached hereto and made a part hereof,
     and more fully described as follows.

     Beginning at Station 7-55 as shown on the aforesaid plat and
     continuing along the line shown thereon to Station 9-18; thence
     through Shawneetown to Station 22-37; thence to Station 31-46,
     near South Limestone Street; thence to Station 62. 50 near the
     intersection of South Limestone Street and Rose Street in
     Lexington, Fayette County, Kentucky.

     Also granted hereby is the right to erect and to maintain a
     pumping station at Point "ID" on the aforesaid plat for the pur-
     pose of pumping sewage in and along said line. Said pumping
     station to be over a area of twenty (20) square feet at said
     point.



     It is agreed and understood that the above described easement is
created subject to the following terms and conditions:

      i. The second party shall after the installation of said sewer
line restore the ground as near as possible to the condition it was in
prior to the installation of said sewer line at the expense of the second
party and without expense to the first part and subject to the approval
of the Comptroller of the University of Kentucky.

     2. Second party, its successors and assigns, shall have the
right to enter upon said property of the first party for the purpose of
maintenance of and repair of said line, but such repairs and maintenance
shall be at the sole expense of the second party, its successors and as-
signs.

     3. The first party shall have the right to use the property so
long as it does not violate the easement herein granted.

     4. This easement shall continue to exist so long as the party of
the second part, its successors and assigns, use it for the purpose for
which it is granted and if it ceases to be used for that purpose it shall




 










       become null and void and the party of the second part, its successors
       and assigns, shall promptly remove all sewer pipes and installations
       at its own expense.

             5. It is agreed and understood that