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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/31/1924Iday 318t,1924. City Commission met in continuation of regular meeting of May 22nd, with the following present : Mayor, F. R. Friend, Commissioners, H. G. Love, J. 0. Jones, Geo. C. Wolf- farth and W. S. Posey, R. A. Sowder, City Attorney, and T.T. S. Ruby, City Manager. By motion made by Mr. Jones and seconded by Mr. Wolffarth the Secretary was authorized to cancel tax receipt No.2381 issued to Geo. Pickle, Lot 19, Block 10b, and to issue current receipt Lot 19, Block 104, without interest and penalty. Upon motion made by Mr. Posey and seconded by Mr. Jones, Mayor and Secretary were authorized to sign contract with the Panhandle Construction Company. Upon motion made by mr. Wolffarth and seconded by Ib% Jones the engineers rolls on present paving project was approved by unanimous vote. Upon motion made by Mr. Jones and seconded by LIr. Posey the Panhandle Construc- tion Company Bond was approved and ordered filed by the Secretary. Upon motion made by .14r. Pas ey and seconded by Iar. Jones the Panhandle Construc- tion Company was authorized to go to work on storm sewers. The following Ordinance was presented and passed: "ORDINANCE LETTING CONTRACT FOR PAVING FILLING CURB GUTTERS AND STORM SEWERS AI'M ITAKING PRO'IISION FOR PAYIE:I1T OF INDEBTEDNESS INCURRED THEREBY, AM DECLARING A.1-1ERGENCY AC,`OUNT OF POOR CON- DITION OF STREETS. Commissioner W. S. Posey moved that the ordinance be pl8ced on its first reading, seconded by Commissioner J. 0. Jones, and carried by the following vote: AYE: F. R. Friend, Geo. C. 17olffarth, W. S. Posey H. G. Love J. 0. Jones. NO: None. Carried; placed on first reading. Commissioner "I. S. Posey moved that the ordinance pass first reading; se- conded by Commissioner H. G. Love, and carried by the following vote: AYE: F. R. Friend, Geo. C. Wolffarth, U. S. Posey, H. G. Love J. 0. Jones. NO: None. Carried; ordinance passed first reading. Commissioner W. S. Posey moved that the rules be suspended and that the ordinance be placed on second reading; seconded by Commissioner H. W. Love, and carried by the following vote: AYE: F. R. Friend, Geo. C. Wolffarth, W. S. Posey H. G. Love, J. 0. Jones. 'L22 NO. None. Carried; ordinance placed on second reading. Commissioner V7. S. Posey moved that the ordinance bass on second reading; seconded by Commissioner H. G. Love, and carried by the following vote: AYE: F. R. Friend W. S. Posey J. 0. Jones. NO: None. George C. Wolffarth H. G. Love Carried; ordinance passed on second reading. Commissioner J. 0. Jones moved that the ordinance pass third and final reading; seconded bj Commissioner 'J. S. Posey, and carried by the following vote: AYE: F. R. Friend, W. S. Posey J. 0. Jones. NO: None. George C. Wolff arth H. G. Love Mayor, F. R. Friend, then declared the ordinance finally passed. The Ordinance follows: Ordinance Ido 25 9 ORDINANCE LETTING CONTRACT FOR FILLING CURB GUTTERS AND STORK SEWERS AND M.A.-'KING PROVISION FOR PAYI.'TENT OF INDEBTEDNESS INCURRED THEREBY, AND DECLARING EIIERGEIJCY ACCOUNT OF POOR CONDITION OF STREETS. WHEREAS, the City of Lubbock has heretofore ordered that portions of Broadway Street and sundry other streets, avenues, and places in the City of Lubbock be improved by raising, grading, and filling same, paving on founda- tion and installing curbs and gutters, and has also ordered that a storm sewer and drainage system be constructed; and, WHEREAS, plans and specifications for the making and construction of such improvements were prepared, filed, and approved, and bids therefor advertised for, and the bid of Panhandle Construction Company to such proceedings and duck advertisement, was received on the 17th day of I1ay, 1924; and said bid has been duly considered and is found and determined to be the lowest bid and the best bid and most advantageous bid to the City and the owners of property abutting the proposed improvements; and, WHEREAS, the poor condition of such streets endangers health and creates an emergency: THEREFORE, BE IT ORDAINED BY THE CITY OF LUBBOCK, TEXAS, THAT: -I- The said bid of Panhandle Construction Company be, and the same is, hereby accepted, and contract is awarded to Panhandle Construction Company. The form of such contract embraced in the specifications heretofore adopted by the City and approved, and which is already executed by Panhandle Construction Company and dated the 31st day of play, 1924, be, and the same is hereby in all things approved, and the LZayor and City Secretary are hereby authorized and directed to execute same in the name of the City and to impress thereon the corporate seal. -III- For the purpose of paying the City's part of the cost of raising, grading and filling on the streets to be improved under the said contract, constructing curbs and gutters, and paving with foundation and with appurt- enances, as embraced in Section 11 of the specifications and in Proposition "A" attached thereto, there is hereby appropriated out of the funds, now on hand and applicable to that purpose the sum of 0225 ,000.00, and eD much thereof as is necessary shall be kept and applied to such purposes and to none other, and any balance thereof remaining is appropriated for the purpose of paying and discharging the other sums to be paid by the City under the terms of such contract; and for the purpose of providing for the payment of such other sums and indebtedness to be incurred by such contract there is hereby levied and shall be assessed acid collected for the year 1924 a tax of and at the rate of 20 cents on the $100.00 valuation of all taxable property in the City of Lubbock, Texas, and said tax at said rate, or so much as shall be necessary, shall be annually levied, assessed, and collected while any of such indebtedness and sums, either principal or interest, is outstanding and unpaid; and the proceeds of sacli tax shall be kept and held in a sacred fund and applied to such purposes and to none other. The fact that the surface of the streets and highways are in such poor 223 condition, and that flood waters are an inconvenience and dangerous to health creates an emergency and public necessity that the rule of the Charter requiring an ordinance to be read at two several meetings be and the same is suspended, and this Ordinance enacted at the meeting of its introduction,and it is so enacted. Passed and approved this May 31st, 1924. ATTEST: F. R. Friend, Mayor., City of Lubbock, Texas. J. R. GER1,L0Y, City Secretary. The following Ordinance was presented and passed: ORDINANCE APPROVING ENGINE-M' S ROLLS OR S TATEITENTS FOR II?PROVEI:TENTS ON THE HEREINBI�ILO!'J I,1ETITIOTIED PORTIOTIS OF STREETS AND AVEP1'?ES DETERMINING TO ASSESS A PORTION OF THE COST OF IMPROVEISENTS AGAINST ABUTTING PROPERTY A11D THE OWNERS THEREOF ORDERING HEARING FIXING TIME AND PLACE THEREFOR AND DIRECTING NOTICE THEREOF AND DECLARING AN EMERGENCY ACCOUNT POOR COND.TION OF STREETS. Commissioner V- S. Posey moved that the ordinance be placed on its first reading, seconded by Commissioner H. G. Love, and carried by the following vote: AYE: F. R. Friend, W. S. Posey J. 0. Jones. NO: None. George C. Wolffarth, H. G. Love Carried; placed on first reading. Commissioner H. G. Love moved that the ordinance pass first reading; seconded by Commissioner tq. S. Posey, and carried by the follot-. ing vote: AYE: F. R. Friend, W. S. Posey J. 0. Jones. NO: None. George C. Wolffarth, H. G. Love Carried; ordinance passed first reading. Commissioner IV. S. Posey moved that the rules be suspended and that the ordinance be placed on second reading; seconded by Commissioner H. G. Love,, and carried by the following vote: AYE: F. R. Friend, W. S. Posey J. 0. Jones. �10: None. George C. Wolffarth, H. G. Love Carried; ordinance placed on second reading. Commissioner J. 0. Jones moved that the ordinance pass second reading; seconded by Commissioner W.S.Posey, , and carried by the following vote: AYE: F. R. Friend, 7. a. Posey J. 0. Jones. George C. Violffarth H. G. Love NO: None. Carried, ordinance passed on second reading. Commissioner 111, S. Posey moved that the ordinance pass third and final reading; seconded by Commissioner J. 0. Jones, and carried by the following vote: AYE: F. R. Friend, George C. Wolffarth W. S. Posey H. G. Love J. 0. Jones. N0: None. Mayor, F. R. Friend, then declared the ordinance finally passed. The Ordinance follows: Ordinance N + 260 ORDINANCE APPROVING ENGINEER'S ROLLS OR STATEI:LENTS FOR IMPROVEI:IENTS ON THE HEREINBELOW MENTIONED PORTION. OF STREETS AND AVENUES DETERMINING TO ASSESS A PORTION OF TEE COST OF IIrTPROVEItIENTS AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF ORDERING HEARING FIXING TIME AND PLACE THEREFOR AND DIRECTING NOTICE THEREOF, AND DECLARING AN 'L24 EMERGENCY ACCOUNT POOR CONDITION OF STREETS. WHEREAS, the City of Lubbock has heretofore ordered that the hereinbelow mentioned portions of streets and avenues, among others, be improved by raising, grading and filling same, paving with foundation, and constructing 4eurbs and gutters, all with appurtenances and accessories, and otherwise improving same, with a general system of storm sewers and drains in some, units, and plans and specifications for such improvements were adopted and ap- proved, and bids advertised for and received, and contract therefor entered into with Panhandle Construction Company, and pursuant to proceedings of the City,the City Engineers have prepared and filed with the City Commission roM or statements for the improvements on the hereinbelow mentioned portions of streets and avenues, and showing thereon descriptions of the various parcels of abutting property, with names of owners as far as known, with the amounts proposed to be assessed against each such parcel of property for improve- ments on the unit upon which the particular property abuts, and showing other matters and things, the said portions of streets and avenues in connection with which such rolls or statement have been filed being as follows, to -wit: Broadway Street from its intersection with the West property line of Avenue K to its intersection with the East property line of Avenue M, known and designated as District or Unit No. 1, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Broadway Street from its intersection with the West property line of Avenue M to its intersection with the East property line of Avenue P, known and designated as District or Unit No. 2, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Broadway Street from its intersection with the East property line of Avenue P to its intersection with the East property line of Avenue U, known and designated as District or Unit No. 2-a the type of pavement to be 2z inch vertical fibre brick on concrete foundation. Broadway Street from its intersection with the East property line of Avenye U to its intersection with the East property line of Avenue U to its intersection with the East property line of Avenue Y, known and designated as District or Unit No. �, the type of pave- ment to be 22 inch vertical fibre brick on concrete foundation. Main Street from its intersection with the West property line of Avenge K to its intersection with the East property line, of Avenue M, and from its intersection with the 'Vest property line of Avenue M to its intersection with the 'Vest property line of Avenue 11, known and designated as District or Unit No. 4, the type of pave- ment to be 22 inch vertical fibre brick on concrete foundation. Main Street, from its intersection with the 'Vest property line of Avenue N to its intersection with the East property line of Avenue P, known and designated as District or Unit No. 5, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Main ►street from its intersection with the East property line of Avenue P to its intersection with the East property line of Avenue U, known and designated as District or Unit No. 6, the type of pave- ment to be 22 inch vertical fibre brick on concrete foundation. Main Street from its intersection with the East property line of Avenye U to its intersection with the East property line of Avenue Y, known and designated as District or Unit No. 7, the type of pavement to be 22 inch vertifal fibre brick on concrete foundation. Seventh Street from its intersection with the East property line of Avenue M to its intersection with the East property line of Avenue known and designated as District or Unit No. 8, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Tenth Street from its intersection with the West property line of Avenue I to its intersection with the West property line of Avenue K, known and designated as District or Unit 'No. 9, the type of pave- ment to be 22 inch vertical fibre brick on concrete foundation, Tenth Street from its intersection with the East property line of Avenue G to its intersection with the East property line of Avenue I, known and designated as District or Unit No. 10, the type of pavement to be 22 inch verti al fibre brick on concrete foundation. Broadway Street, from its intersection with a point 2 feet East of the east rail of the East side track of the Santa Fe Railway to its intersection with a point 280 feet East of the East property line of Avenue A, cnown and designated as District or Unit No. 11, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Broadway Street from its intersection with the blest property line of Avenue F, to its intersection with a point 2 feet Udest of the West rail of the West track of the Santa Fe Railway, known and designated as District or Unit No. 12, the type of pavement to be 2�- inch trertival 225 fibre brick on concrete foundation. Thirteenth Street from its intersection with the Last property line of Avenue G to its intersection with the East property line of Avenue I, known and designated as District or Unit No. 13, the type of pave- ment to be 22 inch vertical fibre brick on concrete foundation. Thirteenth Street from its intersection with the ?lest property line of Avenue I to its intersection with the West property line of Avenue L, known and designated as District or Unit Nc. 14, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Thirteenth Street from its intersection with the West property line of Avenue L, to its intersection with the West property line of Avenue �, known and designated as District or Unit No. 15, the type of pavement to be 22 inch vertical fibre brick on concrete foundation, Sixteenth Street, from its intersection with the West property line of Avenue H, to its intersection with the East property line of Avenue M, known and designated as District or Unit No. 16, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Sixteenth Street from its intersection with the Wiest property line of Avenue 14, to its intersection with the East property line of Avenue known, as Diatriet or Unit No. 17, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Avenue Q, from its intersection with the South property line of Sixth Street to its intersection with the North property line of Main Street, and from its intersection with the South property line of Main Street to its intersection with the North property line of Broadway Street, known and designated as Unit or District No. 18, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Avenue Q, from its intersection with the South property line of Broadway Street to its intersection with the North property line of Thirteenth Street, and from its intersection with the South Imoper ty line of Thirteenth Street to its intersection with the North property line of Nineteenth street, known and designated as District or Unit No. 19, the type of pavement to be 22 inch vertical fibre brick on concrete founda- tion. Avenue M, from its intersection with the South property line of Seventh Street to its intersection with the North property line of Thirteenth Street, known and designated as District or Unit No. 20, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Avenue M, from its intersection with the South property line of Thir- teenth Street to its intersection with the North property line of Nineteenth Street, known and designated as District or Unit No. 21, the type of pavement to be 22 inch vertic,-Ll fibre brick on concrete founda- tion. Avenue K from its intersection with the South property line of Tenth Street to its intersection with the IJ,rth property line of Thirteenth Street, known and designated as District or Unit N, 22, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Avenue 7, from its intersection with the North property line of Tenth Street to its intersection with the North property line of Ila in Street, known and designated as Di,,trict or Unit No. 2�, the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Avenue I, from its intersection with the South property line of Broadway Street to its intersection with the South property line of Thirteenth Street, known and designated as District or Unit No. 24. the type of pavement to be 22 inch vertical fibre brick on concrete foundation. Avenue I, from its intersection with the North property line of Four- teenth Street to its intersection with the North property line of Fifteenth Street, mown and designated as District or Unit No. 2b, the type of pavement to be 2.; inch vertical fibre brick on concrete foundation. Avenue I, from its intersection with the North property line of Fif- teenth jtreet to its intersection with the South property line of Sixteenth Street, known and designated as Unit or District No.26,the type of pavement to be 22 inch vertical fibre brick on concrete foundation, Avenue H, from its intersection with a point 2 feet South of the South rail of the South track of the Santa Fe Railway to its intersection with the North property line of Tenth Street, known and designated as District or Unit No. 27, the t,�pe of pavement to be 22 inch vertical fibre brick on concrete foundation. Avenue H, from its intersection with the South property line of Thir- teenth Street to its intersection with the South property line of Fifteenth Street, known and designated as District or Unit No. 28, the type of pave- L'L6 went to be 22 inch vertical fibre brick on concrete foundation. Avenue H, from its intersection with the South property line of Fifteenth Street to its intersection with the North property line of Nineteenth Street, known and designated as District or Unit No. 29, the type of pavement to be 82 inch vertical fibre brick on concrete foundation. Avenue G, from its intersection with the North property line of Tenth Street to its intersection with the North property line of Main Street, known and designated as District or Unit No. 3U, the type of pavement to be 22- inch vertical fibre brick on concrete foundation. Avenue G, from its intersection with the South property line of Broadway Street to its intersection with the South property linne of Thirteenth Street, known and designated as District or Unit No. 31, the type of pavement to be 2j inch vertical fibre brick on concrete foundation. Avenue U, from its intersection with the South property line of Main Street to its intersection with the North property line of Broadway Street, known and designated as District or Unit No. 32, the type of pavement to be 219- inch vertical fibre brick on concrete foundation. Avenue Z, from its intersection with the South property line of Main Street to its intersection with the North property line of Broadway Street, known and designated as District or Unit No. 33, the type of pavement to be 2� inch vertical fibre brick on concrete foundation. WHEREAS, rolls or statements for such portions of streets, avenues or units have been examined and corrected, wherever error found: WHEREAS; the present condition of said portions of streets and places endangers public he lth and safety and requires that improvements thereof be proceeded with while the weather will permit, and require that this ordinance be passed as an emergency measure since the improvement will be delayed pending the taking effect of this ordinance and such facts constitute and create an emergency. THEREFORE, BE IT ORDAINED BY THE CITY OF L'UBBOCJ�, TEXAS: That the said rolls or statements be, and the same are hereby adopted and approved, the descriptions of the various parcels of abutting property, the names of the owners of the respective parcels, as far as known with the amount to be assessed against each, and other matters and things, as` shown by such rolls or statements, being as follows, to -wit: 227 The City Commission does hereby fully and finally determine to assess a portion of the cost of the improvements in each unit against the parcels of property abutting thereon and against the owners of such property. The amount and proportion of the cost of the improvements in each such unit which it is proposed to assess against the property abutting thereon and the owners thereof is all the cost of installing curbs and three -fourths of the remaining cost of the improvements in each Snit, but excluding any part of the cost of constructing storm sewers, the amounts so proposed to be assessed being as shown on such rolls or statement; provided that no assessment shall in any case be levied against any parcel of property or the owner thereof until after the notice and hearing herein provided for, nor shall any assessment be levied in any case against any parcel of property or the owner thereof in excess of the special benefits to such property in the enhanced value thereof by means of the improvements for which assessments are levied, as determined at such hearing. -III- Thal, a hearing shall be given to the owners of property abutting upon said portions of streeti, their agents and attorneys and to all others in any wise interested in said property, said improvements, the contract therefor,or the costs and benefits thereof, or the manner in which such cost shall be paid and apportioned, or who may be in anywise concerned or interested in said improvements, contracts, assessments, proceedings, or in any matter or thing connected therewith or incident thereto, which said hearing shall be held by and before the City Commission of the City of Lubbock on the 1st day of July, 1924, at 9 o'clock, A. Y1. in the City Offices in the 4ourt House in the City of Lubbock, Texas, and at such hearing all owners of property abutting upon the said portions of s•treet6, their agents arid attorneys and all others in anywise interested, concerned or affected,shall receive a full and fair hear- ing of all Matters with reference to the said proposed assessments against themand their property, and ar;y irregularity and any invalidity in any pro- ceeding with reference thereto, the special benefits of said improvements to their property in the enhanced value thereof, or any other matter or thing with reference thereto; and such hearing may be continued from day to day and from time to time without further notice, until all presenting themselves either in person or by agent or attorney have been fully and fairly heard. At such hearing any owner of property or any other person interested or af- fected shall have the right to introduce evidence and subpoena witnesses. After such hearing the City Commission from the evidence before it will de- termine the amounts to be assessed against each parcel of abutting property and the owner thereof, and may correct any errors, irregularities or in - validities requiring correction that may come to the attention of the City Commission; and such hearing will be closed and assessments will by ordinance be levied against the various parcels of abutting property and against the owners thereof, whether such owners be named herein or not, and the real and true owners and all other perscr,s in anywise interested in any property abutting upon the said portions of streets shall be and are hereby notified of the said hearing, of the time and place thereof, and of all other matters and things herein contained, said assessments when levied shall be a first and prior lien upon the property against which such assessments are levied and a personal liability of the real and true owners of such property. -IV- The improvements on each portion of street or avenue above set forth constitute a separate and distinct unit of improvement, and the assessments for the improvements in each suit shall be made and d-etermine•d independently of assessments for the improvements in any other unit. The amounts of the assessments for the improvements in one unit shall in nowise be affected by any fact in connection with the improvements in any other suit. -V- That the City secretary is hereby directed to give notice to all owners of property abutting upon the said portions of streets to be improved and to all others in anywise interested or affected of the time, platen and purpose of such hearing by causing a substantial copy of this resolution to be published in a newspaper published in and of general circulation in the City of Lubbock at least three times, the first of which publications shall be made not less than ten days before the date fixed for such hearing; and by such notice the real and true owners of the property abutting upon all said portions of streets shall be and are notified of all matters and thii,gs herein contained. whether named herein or not, and whether or not their property be correctly described herein. The City secretary shall also mail a copy of such notice by registered letter addesssed to each of such owners at their address, if known, or if unznown , to their agent or attorney, if known deposited in the postoffice of the City of Lubbocl"~, Texas, at _ieast ten days before the date set for said hearing but such notice and service by letter shall be only cumulative of the said notice by advertisement and publication shall, and such notice by advertisement and publication shall in all cases be sufficient, valid and binding, whether or not any other notice be given. 228 The facts recited in preamble hereto constitute and create an emergency requiring the rule providing for ordinances to be read at more than one meeting, be suspended, and requiring that this ordinance be passed and take effect as an emergency measure. And such rule is accordingly suspended and this ordinance is passed as an emergency measure and shall take effect and be in force immediately upon its passage. Passed and approved this 31st day of May, 1924. ATTEST: J. R. GERIvD21Y, City Secretary. There being no further business Minutes read & approved this ® day of ST: G it Secreta F. R. Friend, Mayor, City of Lubbock,Texas. the meeting adjourned, y Mayor.- City' of Lubbock, Texas.