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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/11/1924December llth, 1924. The City Commission met in regular session with the following present; F.R.Friend, Mayor, Commissioners, R.N.Blair, J.O.Jones, seo.C.."lolffarth and W.S.Posey, R.A.Sowder, City Attorney, M.S.Ruby, City 1,1gr. The following Ordin.nce passed its first Vending by a unanimous vote. 0RDINANC 273' All ORDINANCE; ,IVI"i TH ; r :COS ANDTdORTHE�?N TEXAS RA_L;VAY COMPANY AND THE PANHI-LADLE & 3_.NTE2E RAIL`iIAY COMPANY OR EITHER OF THEM? PERMISSION TO CONSTRUCT A RAILR;:'AD TRACK ACROSS AVENUE F. Be it ordained by the Qity Commission of the City of Lubbock, Lubbock County, Texas;- Sec.l. That the Pecos & Northern `Oexas 11ailway Company and the Panhandle & Sante L'e Railway Company, or either of them, has the consent and permission of the City of Lubbock abd by this Order and Ordinance, they are her by expressly given the assent and permission of the City Commissioners of the City of Lubbock to build and construct a Railroad track upon and across Avenue F from Block 120 to Block 121 in 'the orginal town of Lubbock. Sec. 2. That said Railway Compan*es shall maintain a proper crossing over such railroad track in such manner as not to interfere with the use of said Street by the traveling public, nor with the use thereof for any public pureose, nor with any water or sewer or similar utility. Sec.3. That this Ordinance shall take effect from and after its passage and approval. gassed and approc:;d t is the 11 day of Lecember, 1?24. Attest: J.R.Germany, Secre'-ary. F.R.Friend,Mayor. By � motion made by Mr. Jones, second. by Mr. Wolffarth the following recomendations were receivee by a unanimous vote. The Hon. Mayor & City Commission; Lubbock, Texas. Gentlemen: We hand you herewith 9 paving certificates, being all thc,.,se on Unit #13 or, Thirteenth Street from the east property line of Avenue G to the east proprty line of Avenue I(including only 2 of the intersection at G and 13thl The net total, less credits, of these 9 certificates is $11,101.70. and the City's portio_. of the cost of this Unit is;p 3,644.57; total cost of this Unit is $ 149746.27. The originally estimated totals were: Prop. Owners $ 11,838.14, City 3,712.71; total cost $ 15,50.85. . Decreased total cost is �'� 804.58, of which the City's decrease is $68.14. We recommend the accept nee of this Unit, as being done in accord with plans, specifications, and contract governing same, and the signing and delivery to the Panhandle Construction Company of Lubbock, Texas, of the said Paving Certificates. Your: very truly, HA+1L�Y & FO BE_;TS , Engineers. By n. Roberts. THE STATE OF LEX13 COUNTY 02 LUBBOCK 0 KNOW ALL MEN BY THESE; i-RESE-?TS , THAT: We, $anhandle Qonstructio.i Company, Incorporated, of the ''ity of Lubbock, County of Lu7u000--:, State of Texas, as Principal, and NATIONAL SURETY CO;"PANY, of New York, a corporation having a permit to do business in the Mate of Texas, and duly authorized under the laws of the State of Texas to act as surety, as Surety, are held and firmly bound unto the City of Lubbock, Texas in thu perial sum of ONE THOUS 141D FOUn HUNDRED SEVENTY FOU1: AND 63/100 ($1474.63) Dollars, lawful currency of the United States of IhaericL, for the paymeirt of which well and truly to be made we do hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by these presents. THE CONDITION O,+' TH' BOND IS 1:UCH �i'HA� the above bonded eanhandle Construction Company, Incorporated, did on the 3 day of May, 1924, enter into a certain_ contract with the City of Lubbock, Texas, for the laving of certain streets and avenues as set forth i1i said contract, and in w�iich contract it is further provided that before final settlement with the said Panhandle �;onstruc uion Com(,�.ny, incorporated, shall file with the said City maintenance bond in the sum of ten per cent of the total cost of the paving in such unit, guaranteeing that the workmanship and material furnished and used in all parts of s-id im�--rovements are in all reaTects first class and of such kind and quality that for a period of five (5) years from the completion and accept- ance thereof, by the said City, the said pavements shall require no repairs, the necessity for which shall be occassioned by defects in said workml.:nship or material. AND WHER,;A-3, Paving Unit # 13, under said contract being Thirteenth Street from East Line Avenue G to mast Preopeety Line -&venue 1, was completed and accepted by the szid City on the day of 1924. NOW THEREFORE, if the above bounden, Panhandle Construction Company, Incorporated, shall promptly repair at its own expense any defects, which shall a_('.pear, ii7 said paving in the above described unit, within a period of five years from occassioned by improper worknamship or material, then this obligation shall be null and void, otherwise to remain in full force and effect. IN rJITNESS 9HEREO:ll, the said Panhandle Construction Company, Incorporated, has hereunto set its hand and the said Surety, has cuased these presents to be executed b'% its duly authorized Agent acid Attorney -in fact, this the 29th. day of November 1924. 1 P a rehandle Construction Company. By Jno. Dz:�1rJmy)le, Pres. principal. NATIONAL SUR._;TY C01-71'ANY BY B. T. 'annett. .attorney-in-fac t. Dec. llth. , 1924. Unit #31. The Hon. 1.2ayor & City Commission: LUBBOCK, Texas. Gentlemen: We hand you herewith 10 Paving Certificate-- being all those on Unit +31, or, Avenue "G" from the south property line of Broad, -lay Street to the south property line of Thirteenth street (including only z of the intersection at G and 13th). The net total, less credits, of these 10 ce-•tificates is $6,199.65, and the `�ity's portion of the cost of this Unit is $ 1,989.88; total cost of this Unit is -� 89189.53. The originally estimated totals were: Prop. Owners 5 6,494.33. City 2,050.44: tote..l cost $ 8,544.77. Decreased total cost is $ 355.24, of whi , the City'sdecrease is )60.56. :Je recommend the acceptance of this Unit, as being dons, in accord with plans, specifications, and contract governing sane, and the signing and de- livery to the ranh�,-ndle construction Com�ny of Lubbock, Texas, of the raving Certificates. Yours truly, HAVLE,Y & ROBERTS, Engineers, By H, ". Roberts. Lubbock, Texas, December llth., 1924. TO THE CITY OF LUBBOCK , TEXAS. GENITLEI,"EN : Panhandle Construction Company hereby assents to the cancellation of contract between it and the Ctty of Lubbock in so far, but only in so far, as N the following portions of Streets or Units are affected. Broadway Street, from its intersection with the East property line of Avenue P to its intersection with the Fast property line of Avenue U, kn wn and desi�zi-iated as District- or Unit No. 2A. Broadway Street, from its intersections with the Fast property line of Avenue U to its intersections with the East property line of Avenue Y , known and designated as District or Unit No. 3. Erie do not hereb;; assert to the cancellation of such contract in so far c4ls same relates to the construction of stomr sewers either in the said Units or any other Units, but only in so f�_r as same relates to raising, grad- ing, paving, filling, constructdon of base, curbs, gutters, and axpurtenances. Yours very t- my . PANHANDLE CONSTRUCTI-7 CO. BY Jno. Dalrymple, rresideilt. BROADWAY SPECIAL FOR1,1 NO. ONE, LUPLOCK. ORDI1T�1;dCE REPEALING, CANCELLING AND ANNULLING ALL PROCEEDINGS HERETOFORE TAYEN AND HAD WITH REFE'_-E!TCE TO THE Tl,iF: 07EI;f hTT OF THE-, H T:E INBF,LMV ITENT IONE'D PORTION'S OF BROr.D.'=Ai' STREET AND DECLA?I_dG AN EE, RG U CY. WHEREAS, the city of Lubbock has heretofore ordered triat the hereinbelow mentioned portions of Broadway Street, among other streets and places in the said city, be improved by raising, grading, and filling same, and by paving, and by installing curbs and gutters, and contract for the making and construction of such improvements was made and entered into with Pan- handle `'ons,-ruction `'omp-s.ny, and after due notice assessments were levied, such portions of Broadway Street being as follows: to -wit: Broadway Street, f rom 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. 2n. Broadw�_y Street, fro: its intersection with thy. East porperty line of Avenue U t,j its intersection with the Last property line of Avenue Y. known and designated as District or Unit No. 3. and, IHE??EAS, it is impracticable at this time to proceed with the improvement of the he_-einabove specifically mentioned portions of Broadway .Street upon the plan heretofore provided; and, 4HEREAS, before instituting another plan of improvement it is necessary that proveedi;igs heretofore taken and had be cancelled and annulled, and the prese.it condition of such streets endangers health and safety, and such facts constitute and create an emergency and an ur~ent public necessity requiring that the rules and charter provisions providing for ordinances to be reL_d more than once or at more than one meeting be suspended, and requiring, that this ordinance be passed as and take effect as an emergency measure; and, .VH :T EAS, the said Panhandle �Oonstruction Uompany has consented to the cancellation of the said contract in so far, but only in so far, as same embraces,and affects the said specifically mentioned portions of Broadway. Street; THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF "-H! CITY OF LU9BOCK TEXAS: `THAT, 1. All ordinance:',, resolutions, �_nd any and all other proceedings heretofore passed, adopted, or taken .:� by the "ity of Lubbocrti, or its govern- ing body, with reference to the improvement of the said portions of Broadway Street, except in so far as same may relatt- to the construction of storm sewers, be and the same are hereby, in so far, but only in so far, as they relate to the improvement of the said specifically mentioned portions of Broadway Street otherwise than by the construction of storm sewers, shall be and the same are hereby cancelled, repealed and annulled, and particularly all a;sess-ients levied against any property abutting upon such portions of said street for the im- provement of such portions, and against the owners of such property, shall be and the same are hereby cancelled, and annulled. 11. That the contract of Panhandle Construction Company for the making and construction of improvements on said portions of streets is hereby can- celled inso far, but only in so far, as same relates to the making and con- struction of improvements other than storm sewers on said specifically men- tioned portions of Broadway Street. The facts above recited constitute and create an emergency and an imperative public necessity requiring that the rules and charter provisions providing for ordinance to be read more than one time or at more than one m:-et- ina be suspended, and that this ordinance be passed as and take effect as an emergency measure, and such rules and provisions are accordingly suspended and th s ordinance is passed as and shall tt�ke effect as an emergency measure, and shall be in full force and effect immediately from and after its passage. Passed and approved this llthay of December, n. D. 1924. ATTEST: J. R__Germany_____ Secretary. BROAD'JAY SPECIAL FORM NO 3, LUBBOCK. Pdr-jir-Friend --------------------- hlayor, City of Lubbock, Texas. Lubbock, Tgyjsj, December TO THE MAYOR AND CITY COIv21ISSION OF THE: CITY PF LUB OCK: GENTLEMEN4 , 1924. Pursuant to and in accordance with Ordinance ordering the improvement of th- hereinfelow mentioned portions of Broadway Street, with park -way 20 feet ,vide in the middle, we hand you herewith Plans and 'specifications tr.erefor. Such portions of Broad ay Street being as follows, to -wit: Broadway Street from its intersection with the Past property line of Avenue P to its intersections with the Past pro-certy line of Avenue U known and designated as District or Unit No. 2A. Broadway Street from its intersection with the Fast property line of Avenue U to its intersection with the mast property line of Avenue Y, known and designated as District or U:iit No. 3, respectfully submitted. Hawley �� Ro'bet�ts, By H.N. Roberts, City engineer. BROADWAY SPECIAL FORITJ NO 4, L7BBOCK/4.- 1 011DINANCE APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR IMPROVING OF PORTIONS 0�7 BROAD'JAY STREEJT DIP-;CTING ADVE:LTISEIVMENT FOR BIDS AND DECLARI?�TG AN EMERGENCY. WHEREAS, the present condition of the portions of street hereinafter mentioned endangers public health and safety, and it is imperative that the improvement of such street be proceeded with, and such Bets create an emergency and, WHEREA,�, such portionsof streets have been ordered improved and P1,-ns and Specifications the---efor have been filed, such streets being as follows: BP*"AD'WAY ST:LE',T from its intersection with the East property line of Avenue P to its intersection with the East property 1 ne of Avenue U, kno-wn and designated as District or Unit '�o. 2A. Broadway Street fro:.. its intersection ;ith the Nast property line of Avenue U to its intesection with the Last property line of Avenue Y, known and designated as District or Unit No 3. The plans for such improvements provided for a parkway in the middle of said street twenty feet in width, and the Plans and Specifications filed by the Engineer have been examined and approved: THERE.FORE,BE IT ORDAIM&D BY THE CITY OF LUBBOCK:TF.XAS, approved. -1- That said Plans and Specifications be and they are hereby adopted and -119 That the pity Secretary be acid he is hereby directed to advertise for competitive bids for the making and construction of such improvements, which advertisement shall be published at least twice in a newspaper published in and of general circulation in the City of Lubbock; and the first of such ad- vertisenents shall be made at least five days before the date stUted therein for the receipt of bids. -111- The present condition of the said streets endangers public health and safet,.- and contract for the making of said improvements cannot be let until bids have been advertised for, and such facts constitute and c-reats an emergency and an urgent public necessity requiring that the rules and Hharter provisions providing for Ordinances to be read more than one time or at more than one meting be suspended, and that this Ordinance be passed as an e:.,ergency measure, and such rules and Charter provisions are accordingly suspended, and this ordinance is passed as and shall take effect as an emergency measure, and shall be in ful force and effect immediatel.- after its passage. Passed an approved, %his llth. d4v of December, 11. D. 1224. F. R. Friend, Mayor, CiV of Lubbockq ATTEST: Germany, City secretary. BROADdAY SPECIAL F0111,11 NO 5. LuBBOCK. NOTICE, TO CO-tiTTRACTORS. Notice is hereby given that the City of Lug ock will receive bids for the mak- ins and construction of certain street improvements on portions of Broadway Street, in said City. 21<-ns and Specifications for such imcrovef,ients are on file with the Oity Jecretary and with the pity Engine.-,r subject to inspection. Said improvemento will embrace, in ad,:Litio- to appurtenances approximately the following items: 26,560 square yards pavement and 10,850 li:ie�:.l feet of curb and base p7utter 5,600 cubic yars exc-vation 10,400 lineal feet concrete hey; -der. All bids should b- sealed and filed with the `'ity Secretary, Bids will be received at an;:7 time up to 3:30 o'clock, P. M., on the 8 day of Jan. 1925 Certified c'aec=: for five percent of the amo-. nt of the bid payable to the 'xayor of the City of Lubboc-, should be filed with each bid. J. R. Germany 7ity aecret�.ry. ( The foreg 'ng is su e ted fo m Hof adveA eXreefv bi s. fte 1 inst ments are filed, it bold b publishe at leasein wsp�.� r publ' hed in and of gene 1 circu ation Aneitybhe st pub icati must be made at lea. five s piie dring da, no cour ingeither the dat o' suc p blicth eiv' bidshe hirdpublication mu t b ma e o aor r ece'v' bi i �0 Lubbock Texas, December llth., 1924. 20 '-'HE CITY 0'T LTJBi3OCK JE.HT L . IMEN : Panhandle Construction Uompany hereby assents to the cancellation of contract between it and the City of Lubbock in so far, but only in so far, as the following portion- of Streets or Units are affected, namely: 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 IJiain Street to its intersection with the North property line of Broadway Street, known and designated as District or Unit No. 18. 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 ''outh property line of Thirteenth Street to its intersection with the North property line of Nineteenth Street, known and desiz:._ated as District or Jnit No. 19. vie do not hereb-i assent to the c�Lncellation of such contra;.ct in so f�-r as same relates to the construction of storm sew_rs, either in the said Units, or any other Units, but only In so far as same relates to raising, grading, paving, filling, construction of base, curbs, gutters and ap:urtenanees. -11 Yours ver,; truly, .-',NH_-LADLE CCidSTR 'CTION CO. By Jno. Dalrymple. President. AVENUE Q SPECIAL FOR11,11 NO NNE LUBBOCK. . o07 ORDINANCE, REPEr4LIT_?G CANCELLING AND AIINULLI:dG ALL PROCEEDINGS HERETOFORE TAi_Ellr ii.ND H..I9 ,4ITH REFERS C�; '20 THE IMPROVEL NT Oi THE HE1-:EINBELOW MENTIONED PORTIONS OF AVENUE Q AND DE CLABING AN EMERGENCY. WHEREAS , the City of Lubbock has heretofore, ordered th4. t the he-re- inbelow mentioned portions of Avenue Q, among other streets 'and places in the said City, be i___proved by raising, grading, and filling same, and by paving, and by installing curbs and gutters, and contract for the making and construction of such improvements was made and entered into with Panhandle Construction Compzny and after due notice assessments were levied, such portions of Avenue Q being as follows: to -wit: 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 int_rsectioi-,. 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. 18, Avenue Q, from its intersection with the South property line of Broad- way Street to its intersection with the North property line of Thirteenth Street and from it._� intersection with the Sou'.;h property line of Thirteenth Street to its intersection with the North property line,of Nineteenth Street, known an,i de- si nated as District or Unit No. 19. and, ,dHEREAS, it is impracticable at this ti.!ie to proceed with the improve- ment of the hereinabove specifically mentioned portions of Avenue Q, upon the plan heretofore provided; and, WHEREAS, before instituting another plan of improvement it is necessary that proceedings heretofore taken and had be cancelled and annulled, _,nd the present condition of such streets endangers health and safe,y, and such. facts constitute and create aii emergency and an urgent public necessity, requiring that the rules and chart,r provisions providing for ordinances to be read more than once or at more than one m-eting be suspended, and requiring that this ordinance be passed as and take effect as an emergency measure; and, ,iH.EREAS, the said Panh�.ndle Construction Company has consented to the cancellation of the said contract in so far, but only in so far, as same embraces and affects the said specifically mentioned portions of Avenue Q: TED3REFORE BE I`1' ORDAINED BY THE CITY COTM I:SION Oi' =H_� CITY 0;� LUBBOCK TEXAS ,THAT: 1. All ordinances, resolutions, and any and all other proceedings here tofore passed, adopt�d, or taken by the ''ity of Lubbock, of its governing body, 1� with reference to the improvement of the said portions of Avenue Q, except in so far as same may relate to the construction of storm sewers, and the same are hereby in so f,r, but only in so far, as they relate to the improvement of the said specifically mentioned portions of Avenue Q otherwide uhan by the construction of storm sewers, shall be and the same are hereby cancelled, repealed, and a--inulled, and particularly all assessments levied against any property abutting u,.on such portions of said street for the improvement of such portions, -and against the owners of such property, and shall be and the same are hereby cancelled, and annulled. 11. That the contract of Panhandle `'onstruction Qomrany for the making and construction of improvements on said portions of streets is hereby cancelled in so far, but only in so fwr, as same relates to the making and construction of improvements other than storm sewers on said specifically mentioned portions of Avenue Q. ill. The facts above recited constitute and create an emergency and an im- perative public mecessity requiring that the rules and charter provisions pro- viding for ordinances to be read more than one time or at more than one meeting be suspended, and that this ordina-ce be passed as and take effect as an em- ergency measure., and such rules and provisions are accordingly suspended and this ordina_ ce is p�_ssed as and shall take effect as emergency measure, and shall be fn full force and effect immediately from and after its passage Passed and approved this llths. day of December, A. D. 1924. F. R. Friend,. 191ayor, City of Lubbock, ATTEST J. =. Germany, City Secretary. AV=:NUE Q APECIAL FORM NO TWO LUBBOCK AN ORDINANCE PROVIDING FOR AND DETERMINING TO ILIPROVE PORTIONS 031 AVENUE Q HER:�INBELOW SPA; CIFICALLY MENTIONED ITT THE CITY OF LUB'-OCK aN.D DECLARING A11 EME_I'.GENCY. WHEREAS, the poor condition of the suface of the portions of street here- inafter mentioned, and the accumulation of sufface wa'_er thereon endangers public health and safety, and the immediate preservation of public health and safety create an emergency: THEREFORE, BE IT-4RDAI"dED BY TH. CIT"1' OF LUBBOCL: . 1. That the following portions of Hvenue Q in said City be improved by raising grading:, and filling same, and by installing curbs and gutters with all necessary appurtenances, and by paving same, the said portions of streets so to be improved being as follows; to -wit: Avenue d, from its intersection with the South property ling; of Sixth Street to its intersection with the North property line of Main Street, and from its inter- section with the South property line of Main street to its intersection with the North property line of Broadway Street, ]mown and designated as District or Unit No. 18. 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 property line of Thirteenth Street to its intersection with the North property line of Nineteenth Street, known said de- si7nated as District or Unit No. 19. same to be paved with one of the following materials or types of pavement, to -wit: (a) Verticle Fibre Brick. (b) (c) ` `JL ; upon foundation or base of concrete, gravel, natural foundation, :rater bound macadam or caldche stone; the type and material to be determined Z;t the option of the City after prepurati.on of plans and specifications and receipt of bid or bids. 11. Public nece6sity exists that said inprovements be made. The firm of Hawley& roberts, Engineers, are directed to forthwith pre- pare plans and specifications for said improvements, embfgcing the said different and alternative materials and methods of construction, and to submit same to the City Commission. 1V. The improvements in each District or Unit shall be and constitute a separate and distinct unit of improvement, and the improvements in each Unit shall be paid by assessing against abutting property and the owners thereof, not ex- ceeding all of the cost of curb in front of the respective parcels of property and not exceedinz three -fourths of the remaining cost, and the remaining por- tions.of the cost of the improvements shall be paid by the City of Lubbock. There being no area between rails and tracks or within two feet on the outside of rails and tracks of any railroad or street railroad embraced in the said Units, no provision is made for assessments against any railroad or street railroad other than as against any other abutting property. V. Assessments against abutting property and the owne-s thereof shall be made in accord<_,nce with the provisions and requirements of the Law and Charter in force in this city, and subject to restrictions and conditions thereby imposed and in no case until t.fter notice and hearinp- as provided thereby. V1. The facts recited in the preamble hereto constitute and create an emer- gency requiring that the rules providing for ordinances to be read at more than one meeting be suspended, and th-tuthis ordinance be passed as an emerg ncy measure and such rules are �Iccordingly suspended and this ordinaiice is passed as an em- ergency measure, a,id shall be in force and effect from and after its passage. Passed and approved this llth. day of December, 1. D. 1924:. Attest: J. TR. Germany, City Secretary. AV-;N UE, "Q" SPECIAL FORM 110 3. Lubbock. F. R. Friend, --ayor, Cit_- of Lubbock, Texas. Lubbock, Texas, December llth. 19=�-I. T) TKO MAYOR AND CI'2Y COT1MISSI0"T -)F THE CITY 0- LUBBOCK: GENTLEMEN: Pursuant to and in accordance with Ordinance ordering the improvement of the hereinbelow mentioned portions if Avenue "Q", we hand you herewith Plans and Opecifications therefor. Such portions of Avenue " w" being as follows, to -wit: AVENUE, "Q", fro,: its intersectio:, with the South propert-,, 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 withthe North property line of Broadway at-reet, known and designated as District or Unit No. 18. AVENUE "Q", from its intersection with the South property line of Broadway Qtreet to its intersection with the North property line of Thirteenth Street, and from its intersection with the Jouth property line of Thirteenth street to its intersection with the North property line of Nineteenth Street, known and designated as District or Unti No. 19. Respectfully sub..,itted, HAWLEY f TOBERTS BY H. N .Roberts, Ci.y Engineers. .LVENUE "M SPECIAL FOTI.: NO 4. LUBBOCK. ORDINANCE APPROVIN T AND ADOPTIN`3 PLANS AND SPECIFICATIONS .FOR IIvIPROVEISE_NTS 0 PORTIONS OF AVENUE "a" DIRECTIN ADVERTISEMZ'NT FOR BIDS AND DECLARIN % AND :MER 7ENCY. WHEREAS, the present condition of the portions of street here- inafter mentioned endangers public health and safety, and it is imperative that the improvement of such street be proceeded with, and such facts cre:_te and emergency; and, dHEREAS, :such portions of streets have been ordered improved and Plans and Specifications therefor have been filed, such streets being as follows: AV�,NUE "�" , from its intersection with the Oouth pros e_t:: line of Sixth Street to its intersection with the North property line of Main Street, and fro__. its intersection with the South property line of I zAin Street to its intersection with the Norte: property line of Broadway St--•eet, known and desiznated s District or Unit No. 18. AV'NUE "�" , fro.--aits intersection with the South pro e-•ty line of Broad�::ay Street to its intersection with the North property line of Thirt.eenth Street alid from its intersection with the South property line of Thirteenth Street to its intersection with the North property life of Nineteenth Street, known and desiD-.nate6 as District or Unit No. 19. ..ihe Plans and Specifications for such improvements having been filed by the _:ngineers and having been fully examined and approved. n approved. THETEFOTF. BE IT O�:DAINLD BY '`HE CITY OF LUBBOCK?THAT: . -1- The said Plans and Specifications be and they are hereby adopted and -11- That the Cit.,: Secret,--r-T be and he is hereby directed to advertise for competitive bids for the making and construction of such improvements, which advertisement shall be rublished at least twice in a newspaper published in and of general circulation in the City of Lubbock; and the first of such advertise- ments shall be made at least five days before the date stated therein for the redeiet of bids. -111- The present co_,�dition of the said streets endan�ers public health and safety and contract for the making of.said improvements cannot be let until bids have been adve tised for, and such facts constitute and create an emergency and an urgent publi:; necessity requiring that the rules and "harter provisions providing for O-,dinances to be -read more th�_n one time or at more than one meet- ing be suspended, and that this Ordinance be passed as an emergency measure, and such rules and Charter provisions are accordingly suspended, and this ordinance is passed as and shall take effect as an emergency measure, and shall bg in full force and effect immediately after itspassatze, Passed �_nd approved, this llth. duy of December, L. D. 1:?24. ATTEST F. R . Priend, i. R. Germany, Irayor, City of Lubbock City Sec--etar-,-. cck �.111 Upon a motion made by Mr. Blair seconded by Yr. J ones the following Ordinance Passed its first reading by a unanimous vote. x ORD, B Ile 7 ' An Ordinance granting to S.C.�rnett and his successors a franchise permitting the right to furnish, distribute, and sell gas for light, heat, power and for any other purposes for which same may be usedin the City of Lubbock, Texas; to use and aceupy the streets and alleys of said city and for the purpose of laying pines and mains to distribute such gas including the encava,tion thereof, xld the maintenance of same according tj the terms and conditions and subject to the regulaticas set out in this Ordinance. Be it Ordanined by the City Council of the City of Lubbock, Texas Seetionl. That the her right to rnforg�vhich as mac ba used- i $$theerCithe o `�A,b heat power and such cad purposes c y y State of `texas, for a period of 'Twenty (20) years from the date of the passage and the a proval of this ordinance is hereby granted to S.C. Arnett, his successors and assigns hereinafter designated as the Grantee, subject, however , to other provisions hereinafter incorporated in this Ordinance. Section 2. That to this end and for the purposes of end t, the conditions as set out this Ordinance , the said grantee is hereby authorized and empowered to establish, construct, amintain and operate in the pity of Lubbock, Texas. a system of mains, pipes and other necessary appliances for the furnishing distribution, and selling of gas, and the use of the streets, alleys,sidewalks, of the said City of Lubbock for a period of twenty years from the date of the passage and publication of this Ordinance is hereby granted his successors and assigns for the construction and maintenance of ripes and other anplianaces necessary fDr the distribution of said gas, and for excmavations necessary to lay staid mains and pipes. in Section 3. That all e tavatipx- excavations or trenches made in the streets , alleys and pavem nts of said City under this grant shall be refilled as soon as the pipes are laidso as to leave the streets, alleys., sidewalks and pavements in as good condition as they were before such excavations or trenches w-re made;and that such work shall be subject to the supervision and inspection of such officers or committee as the said City may appoint or designate , and assign to such duty; and in this case the said grantee, his successors or assigns, shall fail to make such refillings at the expense of the grantee his successors and assigns byy the acceptance of this Ordinance hereby agrees to pay. S Section 4. That all main offic-:s shall be at least tyo feet below the surface of the ground, and so laid as not to interfere in any manner with the water mains or pipes or sewer lines of said City; and that the connectipns with the said gas pipes or mains shall be at the expense of the grantee, his successorsor assigns. aeetion 5. That the said Grantee, his successors or assigns shallbe all times after said plant has been **established and ai operation.as herein provided, prepared to furnish said City and its inhabitants with good quality of gas for illuminating, heating and other purposes for which it may be used and in sufficientquantitiesfor all such purposes and uses- which gas shall be furnished to said City at a price not to exceed the -sum of * Vents, and tt to th.01 individual consumers and users thereof to be furnished not to Geed the sum of cents for each one thousand feet consumed or used. That all measurements shall"bq taken on standard meters, which meter shall be furnished, and installed by the grantee, his successors or assigns, and shall remain the property of the party furnishing same. That the above rates are to be subject to a discount of 5% if Raid at granted: office on or before the loth day of the month following that in'which said gas was furnished, provided that the minimun price to individual uusers of gas thall be one dollar per month, all rates to be per 1000 cubic feet. Section:.6. That the said grantee, his successors and assigns shall, and by the acceptance of this ordinance hdheby,agrees, to protect and save harmlessthe said City against all damages that may arise from the negligence of said Grantee, his agents, servants, the agents or servants of successors and assigns, in constructing, operating, and maintaining said was system, and Grantee, his successors and assigns immediately prior to beginning teh construction of a.nyx -of such system in said City shall execute and deliver a good and sufficeint Bond is the penal sum of Ten Thousand and no/lOO (`"?10, 000) do-.11ars, signed by a surety company authorized to do business in this state, which shall be recover ed on in the event of any injury to any person or property. -within this City, caused fton any construction, excavation, maintenance or repair to any of such system in connec.i tion with the streets and alleys of the City or injury on account of escaping gas " which may eseape within any street or alley, and to indemnify the City against any expens"e• which it may incur or have incurred in the restoration of any street or alley to the proper condition, should the licensee, his successors or assigns, fail to immediately repair such street or alley after laying any pipe or main, or their construction therein, and such Bond shall not be void upon first recovery, but shall be sufficient that at all times to indemnify the City against any injury which mmight be recovered for in c,:)nnection with the operation of the streetd and alleys(.., -;and it is understood that the giving of said Bond and the a cceptance thereof by the City, shall at no time be, and is not, now a recognitipn of liabiity uy the licer._see-or the City for any injuries to be claimed after this date. It is further ,:.provided that Mains shall not be laid on parallel street -nor excavation s started on any street which is parallel and adjacent to another. street on which constru ujz>ion work is beimg done, that the work on the first street.hhall be completed and the street restoret to its former condition. 2 Section 7. That the said �- C. Arnett,$is successors and assigns, shall adort and S. use any and all de vises and safeguards which may from ti me to time be designated or invested .'for the i-rotection of l.ersons against injury growing out c-f t,uN ussi of zas, and shall put and keep in Rood order, ^ll mains, pipco, and other r-paratus used in sr -kid City for tht' 3istribuj;ion of said gas, and shall always be prepare' to iu-nish to the said City and its inhabitants a sufficient !uantt[ty, ..lid good quantity of �.vre'r', illumin^tinT -�nA hj:�a tine Ut7rroses , . aoctiion 8. that U.fter the said gas plant shall have been fully comstructed, equipped and in operatioii ._us >hareia contcmolebed in Said Oity. the said 5. 0. Arnett,, .iiis - .-,a ouaoa6sors or _6aigna, shall then fail to subtwitially complywith any of the condition herein , uhe said u- _,� v,. L_►,uock shall hove the ri, ht by Ordi: c,nce _`u-..y rased therefor, to forfeit all the rights and franchis:;s herein granted to said grantee, his successors and assigns, provided that the said City of Lubbock dhall give to the said S.C. Arnett, or to whom so ever then holding said franchise under the said S.0 Arnett , ninety days n tice in writing , specifying the conditions c]aimed to have been vi8lated and giving a full and fair opportu.ity to be heard there on, before passing on such specified violations a and finally declaring such forfeiture, which notice shall fairly set out all of such specifications end shall be given by th Raid City;, and shall be signed by th�- City Secretary under the seal of said Uity, after having been properly authorized by the iuiayor and Council of said Oity, provided futher that the said S.C* Arnett, his successors or assigns shall h«ve ninety days &fter recei in— suc'_a _ utiee in which to rectiey and correct such violations and to suhsta.,tially comply :^r-th the terms and conditions of this Ordinance; should the violations of this Ordinance so specified h-ve been rectified and corrected and the terms and conditions of this Ordin�_nce fully complied with at the end of such ninety days , then in such event the Cit,i shall have power to forfeit this franchise on ao::ount of the violations specified in ine 6alu noti(re . Section 9; It is specially provided that th.- said Licensee nor his successors nor assigns shall at any time charge, claim or receive a monthly rental for t.ny meter used in connection with the furnishing of gas, but this shall not forhid them from demanding and receiving the sum of $5.01") as a deposit or guarantee of monthly payments, as the. acerue.It is further provided that when service has been discontinued and it is desired to re- connect up to such premised, that no charge exceeding One Dollar shall be made for the reconnection unlesU meter has been removed , in which event an additional charge of P1.00 may be aided Section 10: It is further provided that when the licensee has no :Hain laid to any property, that upon a guarantee in wri tiny from the users v,_,nnecting with Ruch property, that they will within the apace of twelve (12) months from the time said main is laid to their property, connect tr_ereto and use gas to the gross price of One Tenth of the cost of laying such m,_,in and furnishing the connections to their property lines, said liceno -e shall with .n ten days begin the construction of pipes and mains to supply said Pas, Gnd shall complete the same within thirty days after such construction is started. rind that in co inection of user: v/i th such system they shall be connected in the order of their a plication. It is further provided that as a ,,harge for the uses of streets and s.11eys to conduct the business of the license that as aainu;:-:. charge of fifty cents per year for each user shall be paid, users to be computed on the 31st. day of December of each year, and p�_yment to be m�.de to the City within twenty (20) days there- after, Uhat a wilful failure to comply with the requirement for extensions shall automatically forfeit lice-isee's rights. Section 11. That if th,. licensee shall not in good faith within two years after ap- proval of this Ordinance begin the construction of said system within this city, this Ordinance shall terminate and forfeit and no action of the City shall be necessary to cancel this Ordinance. Section 12., That this Ordinance- shall take effect anN be in force from and after its '`- passage and approval as provided by law. Read at a re--ul€_� meeting of the pity Council the llth. day- of December n. D. 1924.• Read at a regular meeting of the Cit. Council day of A D 192_ Passed ana approved this dal,- of 192_ F. R. Friend 1. ayor, City of Lubbock. J. .. Germany City Secretory. Upon :notion made by I`r. Posey and seconded by Mr. Wolfarth it was moved by . nanimous vote that if Mr. Bayless wanted to put in sews r line in Blk. 91 that if he wo'. ld put it in according to City -lons and specifications, the Oit:; would take it over and allow him a credit on sewer account. The minutes of meetings of Nov. 13th. and 25th. were read and approved by unanimous vote. - Upon motion made by 113r. Posey and seconded by hr. Wollfarth the Secretary was in- structed to issue warrant in amount of ,-230.00 in payment of the terms on Broad'v'jay which was omitted by engineer from estimate given to the property owners for the pav- ing of Broadway 60 Pt. There being no further business the meting adjourned. r Read and approved thi:_Q_day Attest: City Secretary, of -Mujvd� J Mayor.